An Overview of the Safety and Health at Work Act Cap. 356

An Overview of the Safety and Health at Work ActCap. 356 The Labour Department - Barbados Occupational Safety and Health Section

What is Occupational Safety and Health? A joint committee of the International Labour Organisation and the World Health Organisation defined occupational safety and health as: “the promotion of the highest degree of physical, mental and social well-being of workers in all occupations” (ILO, 1984)

Definition of Workplace “Any place where persons work or are employed including a factory, but does not include a private household where persons work or are employed only in domestic service” (Cap. 356 s. 2)

Definition of Factory • Generally, any premises where persons are employed in the making, altering, repairing, cleaning or adapting of articles for sale • Definition also extends to: • Power generating operations • Pumping of water, oil , sewage • Construction sites • Seaports • Agricultural enterprises

Rationale for Change • Majority of workplaces not covered • Need for holistic approach to OSH - nature of workplace not primary focus • Need to meet the requirements of ILO OSH Convention 155 (1981)

General Intent of Safety and Health at Work Act • The SHaW Act makes provision for • Securing health, safety and welfare at work • Protecting other persons against risks to health and safety in connection with the activities of persons at work • Controlling emissions into the environment • Act is administered by the Labour Department with specific responsibilities assigned to Chief Fire Officer

Application of Cap.356 • Applies to all workplaces except: • The military, armed forces, domestic service in private households, • Work done by the master or crew of a ship or done aboard a ship during a trial run. • In cases of public emergency , the Minister may, by order, exempt workplaces or particular class of workplaces from the provisions of the Act

Approach to Management of Safety and Health • The principle of joint responsibility is promoted • Clear definition of roles for government, employers and employees • Self-regulation is encouraged • Mandatory requirements for formal safety and health management systems

Duties of Employer • Provision and maintenance of: • A safe workplace • Safe plant and safe systems of work • Suitable arrangements for storage, transport and use of articles and substances • Adequate information, instruction, training and supervision

Duties of Employer • Provision and maintenance of: • Working environment that is safe and without risk to health as far as is reasonably practicable • Risk assessment to be undertaken before introducing material, article or process • Adequate welfare arrangements • Prescribed ergonomic standards

Duties of Employees • Employee expected to: • Take reasonable care for his own safety and that of others • Co-operate with his employer re: statutory duties • Report to his employer unsafe conditions or breaches of the Act • Use personal protective equipment correctly

Employees and trade union have right to access reports on workplace conditions where specific representation is made Accident reports may be requested and issued in the case of any workplace accidents Implication - employees have the ‘right to know’ Access to Information in Specific Circumstances

Training and Supervision • Employees must receive sufficient training or adequate supervision • Employee to be fully instructed on: • The working of the machine • Any associated dangers • Precautions to be observed

General Provisions for Safety • Specific procedures for examination of pressure vessels, hoists, lifts, chains, ropes and lifting tackle • Fire • Work in confined spaces

Health • Cleanliness • Disposal of wastes and effluents • Temperature • Ventilation • Underground rooms • Overcrowding • Lighting • Noise and vibration

Welfare • Drinking water and washing facilities • Lunchrooms • Changing facilities • Sitting facilities • First-aid • Rest-rooms and sanitary conveniences • Lifting excessive weight

Safety Organisation • Safety committee • Mandatory where there are 25 or more employees (safety delegate < 25 employees) • Where 10 or more are employed, written safety policy to be in place • Equal joint representation on committee • Recommendations to be implemented where practicable, Committee has access to workplace information

“Where during the course of his employment, there is sufficient evidence to indicate that an employee’s health and safety are in imminent danger that employee may refuse to carry out the tasks assigned to him pending consultation with his safety committee, trade union , staff association or the Chief Labour Officer.” Right to Refuse Dangerous Task(s)

New and Expectant Mothers • Employee may inform employer of pregnancy in writing (medical certificate) • Employer to conduct job risk assessment on notification of pregnancy and on return to work • If necessary, suitable alternative work to be offered during pregnancy and for 6 months after birth of child

Employees with Special Needs • Employers have a duty to cater to employees with special needs, appropriately • Information should be communicated in such a manner that persons are able to receive it. For example, fire alarms must be audible and visible.

Fire safety provisions apply to all workplaces Consultation between CFO and CLO Fire Officers - right of entry similar to that for OSH officers Multi-tenanted buildings:- owner has specific responsibilities Fire Safety

Chief Labour Officer may issue prohibition and improvement notices Prohibition notice may be issued to take immediate effect Employer to lodge appeal with court if there is disagreement with the action of CLO Certain registers, documents, abstract to be maintained at the workplace Administration and Enforcement

Summary • Wider application re: proposed legislation • Duties of employers and employees explicit • Improved safety consultation • Prohibition and improvement notices • Nature of the work is primary focus

For further information, contact... Labour Department Occupational Safety and Health Section 2nd Floor, Warrens Office Complex Warrens, St. Michael Tel: 310-1523/24 Email: labour@labour.gov.bb

Thank you for your attention!

An Overview of the Safety and Health at Work Act Cap. 356