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Law Of 8 September 1947, Laying Down Provisions To Security At The Labor, As They Stands After The Amendments At G.b. 1962 No. 109, S.b. 1980 No. 116.

Original Language Title: WET van 8 september 1947, houdende bepalingen tot beveiliging bij de arbeid, gelijk zij luidt na de daarin aangebrachte wijzigingen bij G.B. 1962 no. 109, S.B. 1980 no. 116.

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Law of 8 september 1947, laying down provisions to security at the labour (G.B. 1947 No. 142), as it stands after the amendments at G.B. 1962 No. 109, S.B. 1980 no. 116.

SECTION 1 GENERAL PROVISIONS

Article 1-1

This law means by:

a. "labor", all work in an enterprise, except work carried out by the head or the driver or his wife;

b. "head or driver", the head or the driver of the enterprise;

c. "employees", persons of sexes, which regulated work or not;

d. "Director" means the Director of Social Affairs;

e. "Minister" means the Minister of Social Affairs and public health.

Article 2

For the purposes of this Act be equated with a company:

a. performing in private building management, construction, remodeling, repair or car demolition of buildings or construction works, or any of my works;

b. companies or services run by the Government or any body governed by public law and of legal persons, except as far as it concerns the work in military related, which only soldiers;

c. craft or vocational schools.

SECTION 2 MEASURES TO SECURITY

Article 3-2

1. By the President can be rules, either in relation to all enterprises, either in respect of certain designated undertakings, as regards:

a. preventing and limiting accidents and of fire, providing aid in case of accidents and of opportunity to escape in case of fire;

b. promoting the cleanliness;

c. promoting a bearable temperature;

d. countering the emergence and distribution or malicious or annoying fumes or gases or dust.

e. preventing damage to health as a result of the work;

f. the height of work premises and the free air space for each person in connection with the height;

g. the daylighting and artificial lighting;

h. the electrical installation;

i. changing rooms, kleederbergplaatsen, purchase occasions and sleep;

j. privaten, urinals and wash basins.

2. The head or the driver is obliged to ensure, that in its undertaking under this article are fulfilled given requirements. Equal obligation rests on the opzichthoudend staff, each insofar concerns the labor which he/she respect.

3. The obligation of the head or the driver and of the opzichthoudend staff shall be deemed to be fulfilled when they demonstrate, that the necessary measures have been taken by them, the necessary resources are provided and the reason-to claim reasonably supervision is held, to ensure compliance with the provisions, for which they were required to ensure compliance.

4. An employee, who works on which a prescription, given under this article, apply, is required upon or in respect of that labor that regulation and on the basis of that rule existing and intended security means for him.

Article 3-bis3

1. it is prohibited to designate State decision tools, appliances, vessels or tools as well as which one of these measures is to bring in an enterprise or to have in operation without authorisation of the Director.

2. in the case of the State Act which requirements referred to in the previous paragraph implements, apparatus, vessels or tools with their accessories.

3. The authorisation shall be granted if the tools, appliances, vessels with their accessories or tools at the service of the Arbeidsinspektie turn out to meet under paragraph 2 or under article 3 on this point given rules. To the permit conditions, including on retesting. Of refusal of authorisation enables an officer referred to in the first paragraph shall forthwith in writing to the applicant, stating the grounds on which the refusal is based.

4. without prejudice to the provisions of the previous paragraph can Arbeidsin-spektie by the service of each of the designated under paragraph 1 implements, apparatus, vessels or tools with their accessories shall be subjected to a, if and when the head of the service in the interests of safety. The authorization may be revoked by the Director, if the relevant tools, appliances, vessels or tools with their accessories at the prescribed requirements not to turn out.

5. The head or the driver of a company is required to adopt the tools, appliances, vessels or tools and workers employed in connection with the inspection needed, at the disposal of the official concerned and all desired by him at the time.

6. when State Decree is determined the manner in which the inspection is to be made and what measures need to be taken into account.

7. When can rates be determined which State decision for the prescribed by or under this law, or possibly requested inspections carried out can be charged.

Article 3 ter4

1. By or on behalf of the Director designated under article 3 bis can tools, appliances, vessels or tools with their accessories or parts thereof be sealed if in his judgement the tool of serious danger to persons employed in the enterprise as a result of non-compliance with the under article 3 or Article 3a, paragraph 2 given rules.

2. The seal is referred to by the official concerned a report, containing the reasons for the seal, put up and within 24-hour twice to the head or the driver.

3. The head or the driver may within fourteen days after the seal at motivated petition against job at the District Court in whose jurisdiction the tools, appliances, vessels or tools with their enhancements. The district judge, after the head of the driver and the Director and, where necessary, to have heard experts, his reasoned decision as soon as possible, but no later than ten days after the notice of appeal is filed at the registry. The swearing in of experts shall be governed by the rules of the Surinamese code of civil procedure. If the Court considers the appeal he will order the unsealing. The decision of the District Court is not subject to any remedy.

4. the Director carries for unsealing the care, as soon as the requirements are met and no serious danger to safety more present, then as soon as the judge has ordered the unsealing.

Article 3 quater5

Against refusal or withdrawal of the authorization referred to in Article 3a may by the head or driver within 2 weeks after receipt of the notification thereof, be appealed to the Minister.

Article 4

1. The head or the driver is mandatory at the place where work is carried out in its establishment, or to the nearest place, a notice in the Dutch language, to address or to hang and addressed or hung, containing the rules on the company-related, given under article 3.

2. The head or the driver, that a copy of this notification is provided to the workers in the service of the company within eight days of the suspension or displaying them, or to new employees before or at their entering the service; in so far as such a and other workers in the framework of the nature of their work are eligible.

THIRD DEPARTMENT MONITORING

Article 5

The Director of Social Affairs, the District Commissioners to be appointed by the President and other officials are charged with the enforcement of this law and under its rules and with the cooperation given to its implementation.

Article 6

The head or the driver of a company and its employees are obligated to the officials referred to in article 5 to give the requested information about the matters and facts, compliance with this Act and the rules on given under her. The information is to be provided in writing, so this is called upon, within the period laid down by those officials.

Article 7

1. The head or the driver zend, within one month after the introduction of this law, or within one month of the entry into force of a company, a statement to the Director of Social Affairs:

a. by the company that is exercised;

b. of the kind of driving force and the number of power units, which are used, or the use of an oven or steam boiler;

c. by the number of the persons, who will be staying there in the line.

2. Any change in the same way an indication sent within a month after that change has taken place.

SECTION 4 PENAL PROVISIONS

Article 8-6

1. With imprisonment not exceeding three months or a fine not exceeding three hundred gulden be punished:

a. violation of the provisions in article 3 or of the rules given under this article, article 4, article 6 or article 7.

b. the head or Director of a company which, after the licence has been withdrawn without authorization or in violation of the conditions attached to authorisation pursuant to article 3 bis preferred tools, appliances, vessels or tools in operation brings or has or which violates for him from Article 3a (5).

c. violation of a condition attached to a waiver or exemption as referred to in article 12.


2. If, during the Commission of the fact less than two years have expired since an earlier condemnation of the culprit because of a violation referred to in the first paragraph, can detention of not more than six months or a fine of not more than six hundred gulden be imposed.

Article 9-7

1. With the detection of the offences under article 8, except the article 134 of the code of criminal procedure referred to in article 5 persons responsible for designated officials; in respect of companies or services under management of the governorate are exclusively in charge with this task the Director of Social Affairs, the Attorney General and the help prosecutors, referred to in article 143 of the code of criminal procedure.

2. the officials referred to in the first paragraph shall have access to all places where work is carried out or to be carried out or in respect of which commits more reasonable-mode can be suspected, that there work is performed; in respect of companies or services managed by the Gouvernement comes this power exclusively to the Director of Social Affairs, the Attorney General and the auxiliary officers of Justice. They are responsible to designate persons of certain, by them, to do.

3. The officials referred to in the first paragraph the access denied or obstructed, or is their notification for admission not responded, then they provide the access, if necessary, using the strong arm.

4. In homes they act against the will of the occupant is not within then accompanied by the relevant District Commissioner or with a general or special written by order of the Attorney General or by the District Commissioner. Of this Act within twenty-four hours within two times by them is irrevocable; This is the time of entry and of the reasons, which have led to this end, an indication to that effect. The official report is to the person, in whose house is entered, in transcript.

Article 10

1. the officers referred to in article 9 are required to maintain the confidentiality of their own in places, where they enter pursuant to that article, about the company becoming known there exercised, in so far as this does not conflict with their duties or the provisions of this or any other law.

2. the last paragraph in the officials are, except in front of them, whose they recommend from power of their Office are subject, required to maintain the confidentiality of the names of the persons by whom Declaration is lodged by a violation of it by or under this law certain, unless these persons have declared their writing, against the communication of their names no objection to.

3. He who deliberately at the first or the second paragraph imposed secrecy violation, is liable to imprisonment not exceeding 6 months or a fine of not more than six hundred gulden, with or without deprivation of the right to civil or certain Office.

4. He, to whose fault violation of that secrecy is due, is punished with imprisonment of up to three months or a fine of not more than driehon-derd guilders.

5. no prosecution has please post on klachte: a. of the head or the Director, in respect of violation of the provisions in the first paragraph; b. from him, whose name has been communicated, in respect of violation of the provisions in paragraph 2.

Article 11

The offences it by or under this Act be regarded as punishable offences, except the facts at the third and fourth paragraph of article 10, which is considered as crimes.

FIFTH SECTION

FINAL PROVISIONS

Article 12

Cases can be designated by the President, in which of the rules given under this law conditional or unconditional and whether or not for an indefinite period, by the Director of Social Affairs waiver or exemption may be granted and in which such a waiver or exemption can be withdrawn.

Article 13-8

This Act may be referred to under the title of "Security Act", enclosing the vintage of the Gouvernements sheet, in which it is filed, and shall enter into force at a time determined by the President. 1 wt. at S.B. 1962 No. 109. 2 wt. at G.B. 1962 No. 109. 3 inserted rec. at G.B. 1962 No. 109. 4 inserted rec. at G.B. 1962 No. 109. 5 inserted rec. at G.B. 1962 No. 109. 6 WT. at G.B. 1962 No. 109. 7 WT. at S.B. 1980 no. 116. 8 I.w.t. 1 november 1947 (G.B. 1947 No. 143).