Legal Duties

Occupational Safety and Health Law as it applies to the Employer and Occupier:

Under the OSH act an Employer is defined as the person who employs persons for the purpose of carrying out any trade, business, profession, office, vocation or apprenticeship.

The Occupier is defined as the person who has ultimate control over the affairs of the industrial establishment.

In many Industrial Establishments the Occupier and the Employer are one and the same. In such instances the responsibilities of the employers will also include those of the occupiers.

Some responsibilities are assigned to both employers and occupiers.

For simplicity some of the fundamental duties of both the employer and the occupier are listed. The OSH Act (as amended) should be consulted for further details.

 

The Employer

General Duties

An Employer must ensure safety, health and welfare at work of all his employees. In his endeavours to accomplish this he must;
 

• Ensure safety of plant and systems of work.
  
  
• Provide arrangements for safe use, handling, storage and transport of equipment, machinery, articles and substances.
  
  
• Provide appropriate personal protective clothing or devices.
  
  
• Provide the necessary information, instruction, training and supervision as is necessary.
  
  
• Maintain the workplace in a safe condition and ensure the provision of safe means of access and egress.
  
  
• Provide safe working environment with adequate welfare facilities.

 

In particular, the employer must do the following:

 

Safety and Health Policy Statement

• If there are twenty-five or more employees, prepare a safety and health policy statement, that shows the organization and arrangements for your safety and health, and bring it to your attention.
  
  
• If there are twenty-five or more employees at your establishment your employer must consult you in the preparation of the safety and health policy statement and on the appointment of the safety committee.
  
  
• Appoint someone competent to assist with safety and health responsibilities if requested to do so by the Chief Inspector.

 

Risk Assessment

• Assess the risks to the safety and health of employees.
  
  
• Make arrangements for implementing the health and safety measures identified as being necessary by the assessment.
  
  
• If there are twenty-five or more employees, record the significant findings of the risk assessment.
  
  
• Such an assessment is VITAL to the development and implementation of the arrangements required in the Safety and Health Policy Statement.

 

Chemicals

• Develop arrangements to ensure that all hazardous chemicals are properly labeled.
  
  
• Ensure the availability of Chemical Safety Data Sheets for all hazardous chemicals.
  
  
• Ensure arrangements for the handling and disposal of hazardous chemicals.

 

Pregnant Women

• Adapt working conditions for pregnant women to ensure that she is not exposed to conditions dangerous to the health of the unborn child.
  
  
• Where appropriate alternative work must be assigned where available
  
  
• For up to six months after the birth of her child alternative work must be provided if the employee is normally required to perform work that poses danger to her safety or that of her child.

 

Non-Employees /Visitors /Public

• Conduct undertaking in such a manner as to ensure persons not employed are not exposed to risks to their safety or health

 

Safety and Health Committee

• Where there are twenty-five or more employees consult with your employees in establishing a safety and health committee.

 

Appointment of Competent Person 

• Appoint someone competent to assist with safety and health responsibilities if requested to do so by the Chief Inspector.

 

Cooperation

• Co-operate on safety and health issues with other employers sharing the same workplace.

 

Health Surveillance

• Provide such health surveillance as appropriate having regards to the risk to their health and safety

 

Medical Examination

• An employer may require an employee or a person seeking employment to undergo a medical examination to determine fitness for work.
  
  
• The cost of such an examination is to be paid by the employer.

 

Notification of Occupational Disease

• When advised that an employee is suffering from an occupational disease as listed in schedule 1 of the OSH Act. The employer must give notice in writing to the Chief Inspector within four days.

 

The Occupier

An Occupier must ensure the following:

 

Young Persons

• Maintain a register of Young Persons that includes the names, dates of employment, particulars as to the certificate of fitness and the nature of work that the young person is required to undertake.
  
  
• Ensure that young persons do not operate dangerous machinery unless provided with adequate trainingand supervision.

 

Confined Space

• Ensure that a confined space is entered only where there is easy egress from all accessible parts in that confined space, all mechanical equipment is disconnected from its power source and locked out, all pipes and other supply lines likely to create a hazard are blanked off; and the confined space is tested and evaluated by a competent person.
  
  
• In any confined space in which there exists, or is likely to exist a hazardous gas, vapour, dust or fume, or an oxygen content less than eighteen percent or more than twenty-three percent arrangements are made to ensure that another worker with appropriate rescue equipment is stationed outside the confined space and suitable arrangements have been made to remove the worker from the confined space in an emergency. Such a confined space must also be purged and ventilated and in the event that this is not possible then suitable breathing apparatus must be used by the employee entering the confined space.

 

Safeguarding of Machinery

• All transmission machinery must be securely fenced.
  
  
• Other dangerous parts of machines must be securely fenced or provided with a device that automatically protects the operator from coming into contact with that part.

 

Removal of dust and fumes

• Where dust or fumes are produced measures must be taken to protect employees from inhalation.
   
• Where possible exhaust appliances must be provided as close to the point of origin of the dust or fume as possible.

 

Ventilation

• Ensure adequate ventilation by fresh air in Industrial Establishments not ventilated by a functioning       Air-Conditioning system.

 

Emergency Response

• Set up an Emergency Plan in writing based on the risk assessment that was done
• Provide adequate first-aid facilities.

 

Fire

• Ensure certification of establishment by the Fire Authority as prescribed in section 26(2) of the Act.

 

Cleanliness

• Ensure the Industrial establishment is maintained in a clean state

 

Lighting

• Ensure the provision of lighting that is suitable and sufficient in areas where employees are working or passing

 

Welfare

• Provision and maintenance of sufficient supply of drinking water, washing facilities, sanitary conveniences, restroom, lunch rooms and accommodation for clothing.

 

Overcrowding

• Ensure that Industrial Establishment is not overcrowded as to cause risk of injury to employees.
• For employees at factories 11½ cubic metres of space to be provided per person in accordance with s .35(2) of the Act.

 

Construction and Maintenance of Fencing

• Ensure that all fencing or other safeguards are of sound construction and constantly maintained and kept in position when the parts required to be fenced are in motion.

 

Both the employer and the occupier must ensure the following:

Policy Statement

• If there are twenty-five or more employees, prepare a safety and health policy statement, specifying the organisation and arrangements for carrying out that policy.
  
  
• The organisation shows the safety and health responsibilities of individuals or groups of individuals within the establishment
  
  
• The arrangements will specify what the employer needs to do to give effect to the commitment made in the policy statement

 

Noise and Vibration

• Take adequate steps to prevent hearing impairment caused by noise and disease caused by vibration from occurring to persons in, or in the vicinity of his establishment.

 

Notification of Accidents

• Where an accident that causes death or critical injury occurs in an industrial establishment the occupier; or in the course of employment the employer must immediately inform the Chief Inspector.
  
  
• Where an accident occurs that makes an employee unable to perform his normal function or causes the employee to receive medical attention the accident must be reported to the chief inspector within four days.

 

Preservation of Accident Scene

• Ensure that there are arrangements to preserve an accident site where accidents occurred that caused critical injury or death

 

Records

• Every register or record kept in pursuance of this Act shall be preserved and kept available for inspection for at least five years after the date of the last entry in the register or record, or for such other period as may be prescribed for any class or description of register or record, except in the case of a health record, the record shall be kept for at least twenty-five years.

 

Penalties

• Under the Act there are Safety and Health Offences and Summary Offences. For Safety and Health Offences the Industrial Court can impose fines up to twenty-thousand dollars or in the event of critical injury, occupational disease, or death, one hundred thousand dollars or of an amount equivalent to three years pay of that person, whichever is greater.
  
  
• For Summary Offences for which no penalty is expressly provided, the Magistrate Court may impose a fine of twenty-thousand dollars and to imprisonment for one year and if the offence for which a person was convicted is continued after the conviction then there is a fine of ten thousand dollars for each day on which the offence continues. 

 

Employees

What you should know:

• Your safety, health and welfare at work are protected by law.
  
  
• Your employer has a duty to protect you and keep you informed about safety and health.
  
  
• You have a responsibility to look after yourself and others
  
  
• If there is a problem, discuss it with your employer, safety and health committee or safety representative, if there is one.
  
  
• Safety and Health Inspectors can give advice on how to comply with the law. They also have powers to enforce it.
  
  
• Your employer has a duty under the law to ensure, so far as is reasonably practicable, your safety, health and welfare at work.

 

As an employee you also have legal duties that include:

• Taking reasonable care for your own safety and health that of others who may be affected by what you do or do not do.
  
  
• Co-operating with your employer on safety and health issues.
  
  
• Correctly using work items provided by your employer, including personal protective equipment, in accordance with training or instructions.
  
  
• Not interfering with or misusing anything provided for your safety, health and welfare.
  
  
• Ensuring that you are not under the influence of an intoxicant so as to endanger your own safety, health or welfare or that of any other person.

 

As an employee, you have the right to refuse unsafe work

• If you are exposed to imminent danger you have a right to refuse work.
  
  
• If you think there is a safety and health problem in your workplace you should first discuss it with your employer, supervisor or manager. You may also wish to discuss it with your safety and health committee or safety representative, if there is one.
  
  
• If you think your employer is exposing you to risks or is not carrying out legal duties, and you have pointed this out without getting a satisfactory answer, you can contact the Occupational Safety and Health Agency.

 

Importers, Designers, Suppliers

To ensure that any technology, machinery, plant, equipment or material for use in an Industrial Establishment is safe and without risks when properly used.

 

 

 

© 2008 Trinidad and Tobago Occupational Safety and Health Authority | All Rights Reserved

version 1.0 / Last updated  2008-02-18 14:37