Legal

Occupational Safety And Health Act 2004

The occupational safety and health Act was assented to on the 30^th January 2004. It was then published in the Trinidad and Tobago Gazette Volume 43 Number 20 on the 5^th 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 17^th day of February 2006 with the exception of section 98. Section 98 stated that

(1) The following Laws are hereby repealed:

The Factories Ordinance;
The Employment of Women (Night Work) Act; and
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 17^th August 2007 the Factories Ordinance and all other regulations, Orders and Statutory Instruments were still in force. After the 17^th 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Safety and Health Act was brought into force the Factories Ordinance, Employment of Women and Gas Cylinders Use Act was repealed.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:

Occupation Safety and Health (prescribed Forms Order)
Distillery (Safety) Regulations
Boiler Regulations
Special Provisions For the Safety in the case of air pressure containers
Occupational Safety and Health – Cleaning of Machinery in Motion
Woodworking Machinery Regulations
Occupational Safety and Health (Electricity) Regulations
Occupational Safety and Health (Welfare) Regulations
Electric Accumulator (Manufacture and repair) Order
Occupational Safety and Health (Protective measures) Order

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:

PROHIBITION NOTICE - This would be issued when there is serious risk of bodily harm or danger to the environment. In the case of a prohibition notice it restricts the use of any part of any premises or machinery until the existing danger has been removed or this Act has been complied with.

IMPROVEMENT NOTICE - This would identify areas that requires attention to become in compliance with the Act. Alterations can be made within the time period specified in the notice.

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.

version 1.0 / Last updated 2008-09-17 20:23