Section 9 of Occupational Safety and Health Act CAP 236A: Safety and health committees
(1) Every occupier shall establish a safety and health committee at the workplace in accordance with regulations prescribed by the Cabinet Secretary if—
(a) there are twenty or more persons employed at the workplace; or
(b) the Director directs the establishment of such a committee at any other workplace.
(2) The Cabinet Secretary may make regulations to provide for the organisation, functions and activities of the safety and health committees, including the election of safety representatives, their rights and duties, and for the training of the members of the safety and health committees and the safety and health representatives.
(3) An occupier shall not penalise an employee who is a member of a work place safety and health committee for doing anything in furtherance of the object of this section.
(4) An occupier who contravenes the provisions of subsection (1) commits an offence.
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- Section 12 - Duties of self-employed persons
(1) Every self-employed person shall—
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- Section 13 - Duties of employee
(1) Every employee shall, while at the workplace—
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(b) co-operate with...
- Section 14 - Duty to report any dangerous situation
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- Section 15 - Duty not to interfere with or misuse things provided pursuant to certain provisions
A person who wilfully interferes with or misuses any means, appliance, convenience or other thing provided or done in the interests of safety, health and welfare in pursuance of this Act commits an...
- Section 16 - Prohibition against creation of hazards
(1) No person shall engage in any improper activity or behaviour at the workplace, which might create or constitute a hazard to that person or any other person.
(2) For the purposes of this section,...
- Section 17 - General duties of occupier and self-employed to persons other than their employees
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- Section 18 - Duties of an occupier of a place of work to persons other than his employees
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(1) An occupier of any premises likely to emit poisonous, harmful, injurious or offensive substances, into the atmosphere shall use the best practicable means to—
(a) prevent such emissions into the...
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(1) A person who designs, manufactures, imports or supplies any article for use at work shall—
(a) ensure, that the article is so designed and constructed as to be safe and without risks to health...
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- Section 22 - Notification of occupational diseases
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- Section 23 - The Director
(1) There shall be a Director of Occupational Safety and Health Services who shall be responsible for the administration of this Act.
(2) The Director shall be—
(a) an ex officio member of the...
- Section 24 - Research and related activities
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- Section 25 - Collection of occupation safety and health statistics
In order to further the purposes of this Act, the Director shall develop and maintain an effective programme of collection, compilation and analysis of occupational safety and health statistics which...
- Section 26 - Appointment of occupational safety and health officers
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- Section 27 - Establishment of the National Council for Occupational Safety and Health
(1) There shall be a National Council for Occupational Safety and Health which shall advise the Cabinet
Secretary on—
(a) the formulation and development of national occupational safety and health,...
- Section 28 - Membership of the Council
(1) The Council shall consist of a Chairperson and the members specified in subsection (2) who shall be appointed by the Cabinet Secretary by notice in the Gazette.
(2) The members of the Council...
- Section 29 - Annual report
As soon as practical, but within three months after the end of each financial year, the Council shall prepare and give to the Cabinet Secretary a report on the Council’s operations for the year.
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(1) The Director may from time to time constitute a technical advisory committee.
(2) A technical advisory committee shall consist of the Director as Chairperson and not less than five other members...
- Section 31 - Functions of the technical advisory committee
(1) A technical advisory committee shall— (a) approve persons for purposes of this Act;
(b) approve institutions or firms to carry out laboratory tests and analysis of substances and articles for use...
- Section 32 - Powers of an occupational safety and health officer
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- Section 33 - Power of occupational safety and health officer to conduct proceedings
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- Section 34 - Power to take samples
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- Section 35 - Power to deal with cause of imminent danger
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- Section 36 - Improvement notices
If an occupational safety and health officer is of the opinion that a person— (a) is contravening any of the provisions of this Act or rules made thereunder; or
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- Section 37 - Prohibition notices
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- Section 38 - Appeal against improvement or prohibition notice
(1) In this section “notice” means an improvement notice or a prohibition notice.
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- Section 39 - Provisions on prohibition notices and improvement notices
(1) In this section “a notice” means an improvement notice or prohibition notice.
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- Section 41 - Indemnity of occupational safety and health officer
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- Section 42 - Safety and health advisor
(1) Every safety and health advisor shall be issued with an annual certificate of authorization by the Director upon payment of the prescribed fee.
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- Section 43 - Register of workplaces
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- Section 44 - Registration of workplaces
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- Section 48 - Overcrowding
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(2) Without prejudice...
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- Section 50 - Lighting
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- Section 51 - Drainage of floors
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- Section 52 - Sanitary conveniences
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- Section 53 - Enforcement of section 52 by local authorities
The provisions of section 52 and of any rules made thereunder shall, in such areas as the Cabinet Secretary may by notice in the Gazette direct, be enforced by the local authority.
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- Section 56 - Prime movers
(1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except prime mover referred to in subsection (3), shall be securely fenced, whether the flywheel or...
- Section 57 - Transmission machinery
(1) Every part of transmission machinery shall be securely fenced.
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- Section 58 - Other machinery
(1) Every dangerous part of any machinery, other than prime movers and transmission machinery shall be securely fenced:
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- Section 59 - Hand-held and portable power tools and equipments
(1) Every employer shall—
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(b) ensure...