Legal

Occupational Safety And Health Act 2004

The occupational safety and health Act was assented to on the 30th January 2004. It was then published in the Trinidad and Tobago Gazette Volume 43 Number 20 on the 5th February 2004. The Factories Ordinance of 1948 was still law at this point in time. The Note on Proclamation (LN48/2006) stated that the act was brought into force on the 17th day of February 2006 with the exception of section 98. Section 98 stated that

  1. The following Laws are hereby repealed:

    1. The Factories Ordinance;
    2. The Employment of Women (Night Work) Act; and
    3. The Gas Cylinders (Use, Conveyance and Storage) Act.

  2. Notwithstanding subsection (1), any regulations, Orders or other statutory instruments made under the Factories Ordinance shall continue in force and are deemed to be made under sections 99 and 100.

In 2006 several changes were made to the Act and it is referred to as the Occupational Safety and Health Act 2004 as amended.

During the period 17th February 2006 and 17th August 2007 the Factories Ordinance and all other regulations, Orders and Statutory Instruments were still in force. After the 17th August 2007 when Section 98 of the Occupational Safety and Health Act was brought into force the Factories Ordinance, Employment of Women and Gas Cylinders Use Act was repealed. The other orders made under the factories ordinance are still law and are still enforceable. These include:

Section 99 and 100 of the Occupational Safety and Health Act 2004 with amendments allows the Minister to make other Orders, regulations or Statutory Instruments as they may deem fit.

 

Legal Notices

Under Section 76 of the Occupational Health and Safety Act 2004 with amendments the Safety and Health Inspector can issue several notices, these include:

 

NOTICE OF OCCUPATION OF A FACTORY – FORM 14

This form should be used filled out and returned to the Occupational Safety and Health Agency. The Name or Title of the Firm should be the registered name of the company or the Trading name. The postal address should include street names and apartment numbers. The nature of work will be the type of operation that takes palce. The nature of mechanical power would include Steam, Furnace, Electricity (Voltage and Phases) ect. The name of the local health Authority would be the name of the closest health authority to the factory.

 

NOTICE OF UNDERTAKING BUILDING OPERATIONS OR WORKS OFF ENGINEERING CONSTRUCTION – FORM 15

The name or person undertaking the operation of works should be the company name. The postal address should include street names and apartment numbers of the contractor or person undertaking the construction or engineering works. The place and nature of Operation works is the site of construction or engineering works. The nature of work will be the type of operation that takes place. The nature of mechanical power would include Steam, Furnace, Electricity (Voltage and Phases) etc. The name of the local health Authority would be the name of the closest health authority to the factory.

 

LOLER

The Occupational Safety and Health Authority and Agency (OSHA) are in the process of drafting several Regulations to be enacted under section 99 of the Occupational Safety and Health Act No. 1 of 2004 (as amended) (OSH Act).

One such Regulation is the Lifting Operations and Lifting Equipment Regulations (LOLER).

In July 2008 OSHA held three consultations where members of the public were invited to comment on the first draft of LOLER. OSHA received a large number of comments from these consultations and the first draft of LOLER has been amended appropriately. OSHA has also completed drafting the Code of Practice for LOLER, which gives the practical guidance, prescriptive details and specifications on how to comply and implement the more general requirements outlined in LOLER (section 67 of the OSH Act).

Bearing this in mind, we now attach copies of the following documents for your review and comment:

  1. the Second Draft of LOLER
  2. the Draft Approved Code of Practice (ACOP) for LOLER

We will appreciate your review and comments on the entire documents. However, if you feel that you can only provide useful comments on one or two areas, please do so on the Comment Form.

Please be reminded that the OSH Act is primarily self-regulatory and therefore it places the onus on the duty holder to do what is practicable or reasonably practicable to ensure compliance with the OSH Act. Thus, your participation in this process can only be to the benefit of you or your organization.

We appreciate that responding to requests such as this is demanding of time and resources, but OSHA is seeking your/your organization’s assistance so that a comprehensive review can be done which should lead to meaningful improvements in health and safety for both workers and employers in Trinidad and Tobago.

Responses to this letter should be sent on or before October 16, 2009 as follows:

  Addressed to: The Senior Legal Advisor
  By Mail to: Occupational Safety and Health Agency
Level 5 Duncan Street Complex
Corner Duncan Street & Independence Avenue Port of Spain
  Or by E-mail to: primepantork@labour.gov.tt
prime.karla@gmail.com ramnarinesinghm@labour.gov.tt
  Or by Fax to: 624-6591

Please contact the undersigned or Maurica Ramnarine Singh, Legal Research Officer at the above-stated e-mail addresses or at 627-4622 or 623-9451 if you require further information. OSHA is in the process of conducting further public consultations on LOLER and the ACOP and further details will be advertised in the daily newspapers. If you know of any other individual or organization that might like to contribute, please feel free to direct them to our website www.ttosha.com. Your co-operation in this exercise is greatly appreciated.

Legal Department Occupational Safety and Health Agency.

 

 

© 2008 Trinidad and Tobago Occupational Safety and Health Authority | All Rights Reserved
version 1.0 / Last updated  2009-09-30 17:53