OCCUPATIONAL SAFETY, HEALTH AND WELFARE

Act No. 34 of 1988 - May 1, 1989

 

ARRANGEMENT OF SECTIONS

 

 

PART I - SHORT TITLE AND APPLICATION

1                     Short title

2                     Interpretation

3                     Application of Act

4                     Approved standards

PART II - DUTIES AND RESPONSIBILITIES

5                     Duties of employers

6                     Duties of employees

7                     Duties of self-employed persons

8                     Duties of designers, manufacturers, importers, etc

9                     Posting of abstracts or notices

10                  Keeping of documents

11                  Advisory Council for Occupational Safety, Health and Welfare

12                  Safety and health officers

13                  Safety and health committees

PART III – ADMINISTRATION

14                  Powers of Permanent Secretary

15                  Power of Permanent Secretary to make prohibition orders

PART IV - HEALTH AND WELFARE (GENERAL PROVISIONS)

16                  Structure of building

17                  Cleanliness

18                  Overcrowding

19                  Ventilation and temperature

20                  Lighting

21                  Sanitary conveniences

22                  Supply of drinking water

23                  Washing facilities

24                  Accommodation for clothing

25                  Seats

26                  Facilities for the taking of meals

27                  Provisions for first-aid

PART V - SAFETY (MACHINERY)

28                  Training and supervision of young persons  working at dangerous machines

29                  Dangerous machinery

30                  Provisions as to unfenced machinery

31                  Construction and maintenance of fencing

32                  Chains, ropes and lifting tackle

33                  Cranes and other lifting machines

34                  Hoists and lifts

35                  Steam boilers–registration and conditions of use

36                  Steam boilers–attachments and construction

37                  Steam boilers – maintenance, examination and use

38                  Steam receivers and steam containers

39                  Air receivers

40                  Refrigeration plants

41                  Special provisions

42                  Abrasive wheels

PART VI - SAFETY (GENERAL PROVISION)

43                  Safe means of access and safe place of employment

44                  Storage

45                  Ladders

46                  Dangerous substances

47                  Precautions with regard to explosive or flammable dust, gas, vapour or substance

48                  Dangerous fumes and lack of oxygen

49                  Corrosive substances

50                  Gas plants

51                  Electrical installations

52                  Prevention of fire

53                  Safety provisions in case of fire

54                  Fire certificate

PART VII - SAFETY, HEALTH AND WELFARE (SPECIAL PROVISIONS)

55                  Prohibited and toxic substances

56                  Removal of dust or fumes

57                  Ionising radiations

58                  Non-ionising radiations

59                  Reduction of noise and vibration

60                  Personal protective equipment and clothing

61                  Protection of eyes in certain processes

62                  Lifting of weights

63                  Notification of industrial accidents and dangerous occurrences

64                  Notification of industrial diseases

65                  Registered boiler inspectors

66                  Registered machinery inspectors

PART VIII - REGISTRATION OF FACTORIES

67                  Factory building permit

68                  Registration of factories

69                  Cancellation of registration

70                  Right of appeal

71                  Meaning of factory

PART IX - OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

72                  Power of Court to make order

73                  Officer not to reveal trade secrets

74                  Offences

75                  Parts of buildings let off as places of work

76                  Special provisions as to evidence

77                  Power of Court to modify agreements

78                  Power to direct formal investigation

PART X – MISCELLANEOUS

79                  Publications

80                  Regulations

81                  Protection of officers

82                  Repeal

83                  [Spent]

84                  [Spent]

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Fifth Schedule

Sixth Schedule

Seventh Schedule

Eighth Schedule

Ninth Schedule

Tenth Schedule

Eleventh Schedule

Twelfth Schedule

Thirteenth Schedule

Fourteenth Schedule

Fifteenth Schedule

 

PART I - SHORT TITLE AND APPLICATION

 

1              Short title

 

This Act may be cited as the Occupational Safety, Health and Welfare Act 1988.

 

2              Interpretation

 

In this Act–

 

"air receiver" means–

(a)           any vessel (other than a pipe or coil, or any accessory fitting or part of a compressor) for containing compressed air and connected with an air compressing plant;

 

(b)           any fixed or portable vessel (not being part of a spray gun) used for the purpose of spraying by means of compressed air, any paint, varnish, lacquer or similar material;

 

(c)           any fixed vessel for containing compressed air or any other gas and used for the purpose of starting an internal combustion engine; or

 

(d)           any vessel in which any material in solid or liquid form is stored and from which it is forced by compressed air;

 

"approved" means approved by the Minister or the Permanent Secretary, as the case may be;

 

"article" includes any solid, liquid or gas, or any combination thereof;

 

"article for use at work" means–

(a)           any plant designed for use or operation, whether exclusively or not, by  persons at work; and

(b)           any article designed for use as a component in any such plant;

 

"bodily injury" includes any disease or any impairment of a person’s physical or mental condition;

 

"building" includes its fixtures and fittings;

 

"Chief Factory Inspector" means the Chief Factory Inspector of the Ministry;

 

"Classification Society" means Lloyds Register of Shipping (United Kingdom), Bureau Veritas (France) or similar organisations approved by the Permanent Secretary;

 

"competent person" means any person who by reason of his qualifications and training or experience is competent to undertake the work he is required to perform;

 

"contract of employment" means a contract of service or of apprenticeship, whether express or implied and whether oral or in writing;

 

"construction" means–

(a)           building, including the construction, structural alteration, repair and maintenance and the demolition of, all types of buildings and structures;

(b)           civil engineering, including the construction, structural alteration, repair and maintenance and the demolition of airports, docks, harbours, inland waterways, dams, river and sea defence works, roads and highways, bridges, tunnels, viaducts and works related to the provision of services such as communications, drainage, sewerage and power supplies;

 

(c)                 the erection, but not the manufacture of prefabricated components of buildings and structures;

 

"Court" means the Industrial Court;

 

"danger" means, in relation to a machine, that the machine is a reasonably foreseeable cause of injury to any person acting in a way in which a human being may reasonably be expected to act in circumstances which may be reasonably expected to occur;

 

"eye protector" means goggles, spectacles, visor or face screen, being equipment designed to be worn by a person;

 

"employee" means a person who has entered into or works under a contract of employment with an employer, whether by way of casual work, manual work, clerical work or otherwise and however remunerated;

 

"employer" means any body or person liable or responsible under a contract of employment for the payment of remuneration to an employee, and includes–

 

(a)           his agent;

 

(b)           a job contractor;

 

"fume" includes gas or vapour;

 

 

"hoist" or "lift" means a lifting device with a platform or cage, the direction or movement of which is restricted by a guide or guides;

 

"ionising radiation" means electromagnetic radiation (X-rays and gamma rays) or corpuscular radiation (alpha particles, beta particles, electrons, positrons, protons, neutrons or heavy particles) being electromagnetic radiation or corpuscular radiation capable of producing ions and emitted from a radioactive substance or from a machine or apparatus that is intended to produce ionizing radiations or from a machine or apparatus in which charged particles are accelerated by voltage of not less than five kilovolts;

 

"job contractor" has the same meaning as in section 2 of the Labour Act;

 

"lifting machine" means a crane, winch, pulley block, or any other device intended for raising or lowering persons, goods or materials other than a hoist or lift;

 

"lifting tackle" means chain slings, rope slings, rings, hooks, shackles and swivels used for the purpose of raising or lowering goods or materials;

 

"machine" includes any prime mover and any transmission machinery; "maintained" means maintained in an efficient state, in efficient working order, and in good repair;

 

"maximum permissible working pressure" in relation to any steam boiler means the pressure specified in the latest valid report of examination by a registered boiler inspector;

 

"Minister" means the Minister to whom responsibility for the subject of labour and industrial relations is assigned;

 

"Ministry" means the Ministry of Labour and Industrial Relations;

 

"noise" means the sum of any unwanted sound produced by the machinery or processes on the premises measured where any person is employed;

 

"occupier" means the person who runs a place of work and who controls the work that is done there;

 

"officer" means an officer of the Ministry;

 

"outworker" means any person employed in manual labour or with machinery in any process for or incidental to the making, altering, repairing, ornamenting, finishing, cleaning, washing or breaking up of any article for the purposes of gain or by way of trade whether directly by the occupier of any place from which work is given out or by a contractor or person employed by him;

 

"owner" means the person for the time being receiving the rent whether on his own account or as agent or trustee for any other person in respect of the letting of premises;

 

"Permanent Secretary" means the Permanent Secretary of the Ministry;

 

"plant" includes any machinery, equipment or appliance;

 

"place of work" means any place where work is carried on by any person under a contract of employment and includes–

 

(a)           any vehicle or vessel;

 

(b)           any installation on land (including the foreshore and other land intermittently covered by water) and any offshore installation;

 

(c)           any moveable structure;

 

"prohibition order" means an order made under section 15;

 

"radioactive substance" means any substance which consists of or contains radionuclides, whether natural or artificial, and of which the activity exceeds 0.002 of a microcurie per gramme of substance; in the case of a chain of radionuclides, consisting of a parent and daughters, the only nuclide to be taken into consideration being that having the highest activity of those present;

 

"safe working pressure" means, in the case of a newly installed steam receiver or air receiver, that specified in the report referred to in section 41, and in the case of a steam receiver or air receiver which has been examined in accordance with the provisions of sections 38 and 39, that specified in the report of the last examination;

 

"sanitary convenience" includes a water closet or an earth closet;

 

"self-employed person" means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others;

 

"securely fenced" means fenced or guarded in such a way as to protect effectively the body of a person from the danger of contact with the exposed part of a machine;

 

"shield" means a helmet or hand shield, being equipment designed to be worn or held by a person;

 

"standard" includes a code of practice, specification or any other documentary form of practical guidance;

 

"steam boiler" means any closed vessel in which steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any such vessel and any superheater used for heating steam and includes any mounting or other fitting attached to the vessel which is wholly or partly under pressure even when the steam is shut off;

 

"steam container" means any vessel, other than a steam pipe or coil, constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure, or at approximately that pressure, for the purpose of heating, boiling, drying, evaporating or other similar purposes;

 

"steam receiver" means any vessel or apparatus, other than a steam boiler, steam container, steam pipe or coil, or part of a prime mover, used for containing steam under pressure greater than atmospheric pressure;

 

"substance" means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;

 

"substance for use at work" means any substance intended for use (whether exclusively or not) by a person at work;

 

"supply", where the reference is to supplying articles or substances, means supplying them by way of sale, lease or hire, whether as principal or agent for another;

 

"young person" means a person who has attained the age of 15 but has not attained the age of 18.

 

3              Application of Act

 

 (1)          Subject to subsections (2) and (3), this Act shall apply wherever work is performed–

 

(a)           under a contract of employment; or

 

(b)           by an outworker.

 

(2)           This Act shall apply to a self-employed person only in so far as is provided for in Part II.

 

(3)           This Act, other than sections 9, 10, 12 and 13 and Parts III and VIII, shall bind the Crown.

 

(4)           The Minister may, in the interest of public security or public safety, exempt by regulations any place of 

work from the application of any provision of this Act and for such period as he deems necessary.

 

4              Approved standards

 

(1)           Without prejudice to any standards issued under the Environment Protection Act 1991, the Minister may, for the purpose of providing practical guidance with respect to the requirement of any provision of this Act, approve or issue any standard as in his opinion is suitable for that purpose.

 

(2)           Every standard approved or issued under subsection (1) shall be notified in the Gazette.

(3)           In criminal proceedings under this Act, a failure on the part of an employer or owner to observe any provision of a standard approved or issued under subsection (1) shall be proof of failure to comply with the provision of this Act to which the standard relates, unless the Court is satisfied that the provision of the standard was complied with otherwise.

PART II - DUTIES AND RESPONSIBILITIES


5              Duties of employers


 (1)          Every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of all his employees.

(2)           Without prejudice to the generality of an employer’s duty under subsection (1), the matters to which that duty extends shall include in particular–

(a)           the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work;

(b)           the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;

(c)           arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

(d)           the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his employees;

(e)           the maintenance of any place of work under the employer’s control, including the means of access to and egress from it, in a condition that is safe and without risks to health, so far as is reasonably practicable.

(3)           Every employer shall conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their safety or health.

(4)           Every employer shall consult representatives of his employees who sit on the safety and health committee with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the safety and health at work of the employees, and in checking the effectiveness of such measures.

(5)           (a)           Where the total power used or generated by the machinery installed at any place of work exceeds 750 kilowatts, the employer shall appoint in writing a registered professional engineer to be in general charge of all such machinery, and shall notify the Chief Factory Inspector of any such appointment.

(b)           The registered professional engineer may be appointed either on a full-time or part-time basis.

(c)           A registered professional engineer appointed under this subsection, who carries out such duties for–

(i)            the whole of his working time, shall not act in such capacity for more than three separate places of work; or

(ii)           part of his working time, shall not, without the written permission of the Permanent Secretary, act in such capacity for more than one place of work.

(6)           Where the total power used or generated by machinery installed at a place of work does not exceed 750 kilowatts, the employer shall appoint, in writing, a competent person to be in general charge of the machinery.

(7)           No employer shall levy or permit to be levied on any of his employees any charge in respect of anything done or provided in pursuance of this Act.

6              Duties of employees


 (1)          Every employee shall, while at work–

(a)           take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work;

(b)           co-operate with his employer in the discharge of any duty or requirement placed upon the employer under this Act;

(c)           wear any protective equipment or clothing provided by the employer in pursuance of this Act at all times when there is a risk of bodily injury against which the equipment or clothing affords protection;

(d)           report forthwith to his employer the loss, destruction or other defect in the protective equipment or clothing; and

(e)           not smoke at the place of work, except at specific areas demarcated for that purpose.

(2)           Any person who wilfully or recklessly damages, interferes with or misuses anything provided in the interests of safety, health or welfare in pursuance of this Act shall commit an offence.

7              Duties of self-employed persons


Every self-employed person shall conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons who may be affected thereby are not exposed to risks to their safety or health.

8              Duties of designers, manufacturers, importers, etc


 (1)          Every person who designs, manufactures, imports or supplies any article for use at work shall–

(a)           ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to health when used in a reasonable manner; and

(b)           take such steps as are necessary to secure that there will be available in connection with the use at work of the article adequate information about the use for which it is designed and has been tested, and about any conditions necessary to ensure that, when put to that use, it will be safe and without risks to health.

(2)           Every person who erects or installs any article for use at work in any premises where the article is to be used by persons at work shall ensure, so far as is reasonably practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used.

(3)           Every person who manufactures, imports or supplies any substance for use at work shall take such steps as are necessary to secure that persons supplied by that person with the substance are provided with adequate information about–

(a)           any risks to health or safety to which the inherent properties of the substance may give rise;

(b)           the results of any relevant tests which have been carried out on or in connection with the substance; and

(c)           any conditions necessary to ensure that the substance will be safe and without risks to health when it is being used, handled, processed, stored or transported by a person at work.

9              Posting of abstracts or notices


 (1)          Every abstract, notice or document required by this Act to be posted in any place of work shall be posted in such characters and in such position as to be conveniently read and understood by the employees.

(2)           Any person who pulls down, injures or defaces any abstract, notice or document posted in pursuance of this Act shall commit an offence.

10           Keeping of documents


 (1)          Every employer shall keep at the place of work or at a place conveniently accessible to the Permanent Secretary the following documents–

(a)           every certificate issued in respect of the place of work by the Permanent Secretary under this Act;

(b)           the particulars of every accident, dangerous occurrence or industrial disease occurring at the place of work of which notice is required to be sent to the Chief Factory Inspector under this Act;

(c)           all reports, registers and particulars required under this Act.

(2)           Such documents shall be well preserved and made available for inspection by the Permanent Secretary for at least 5 years after the date thereof.

11           Advisory Council for Occupational Safety, Health and Welfare


 (1)          For the purpose of giving advice and assistance to the Minister in respect of matters affecting the safety, health and welfare of persons at work, or any other persons whose safety, health and welfare may be affected by work activities, the Minister shall appoint an Advisory Council for Occupational Safety, Health and Welfare.

(2)           The Council shall consist of–

(a)           a Chairman;

(b)           four members representing Government;

(c)           four members representing employers;

(d)           four members representing employees; and

(e)           two members having wide experience in occupational safety, health and welfare.

(3)           The Chairman and members of the Council shall be appointed by the Minister for such a period and on such terms and conditions as the Minister may determine.

(4)           Before appointing any member specified in paragraphs (c) and (d) of subsection (2), the Minister shall consult such organisations representing employers and employees, as he considers appropriate.
 

(5)           The appointment of every member of the Council shall be published in the Gazette.

(6)           The Council shall regulate its proceedings in such manner as it thinks fit and shall meet at least once every three months.

12           Safety and health officers


 (1)          Every employer of more than 100 persons at any place of work shall appoint a registered safety and health officer for the purpose of exercising general supervision regarding compliance with the provisions of this Act and generally to promote the safe conduct of the work.

(2)           Notwithstanding subsection (1), where the Permanent Secretary is satisfied that by reason of the dangerous nature of the plant, process or substances used by an employer of less than 100 persons it is expedient to do so, he may direct in writing that the said employer shall appoint a registered safety and health officer.

(3)           (a)           The employer shall allocate or allow sufficient time and adequate resources to the registered safety and health officer to achieve the purpose set out in subsection (1).

(b)           The registered safety and health officer shall, as and when required or at least once every two months, carry out an inspection of the place of work and the processes, and record his findings in a register which shall be provided by the employer for that purpose.

(4)           A registered safety and health officer who carries out such duties for–

(a)           the whole of his working time, shall not act in such capacity for more than four separate places of work; or

(b)           part of his working time, shall not, without the written permission of the Permanent Secretary, act in such capacity for more than one place of work.

(5)           Any person who possesses any of the qualifications specified in the First Schedule shall apply in writing to the Permanent Secretary for registration to practise as a registered safety and health officer subject to the payment of the prescribed fee, and shall furnish the Permanent Secretary with such documents and relevant information as he may from time to time require.

(6)           Any person who fails to comply with subsection (4) or fails to furnish any document or information required of him under subsection (5) shall commit an offence.

(7)           The Permanent Secretary shall keep and maintain a register of safety and health officers.

13           Safety and health committees


 (1)          Every employer who is required to appoint a registered safety and health officer in pursuance of this Act, shall establish a safety and health committee in compliance with the provisions of subsection (3) for the purpose of promoting co-operation between the employer and the employees in achieving and maintaining safe and healthy working conditions, and shall appoint a senior member of the management staff to be responsible for safety, health and welfare at the place of work, if he is unable to perform such duties personally.

(2)           The employer shall provide the committee with such facilities and assistance as are reasonably required for the purpose of carrying out its functions.

(3)           Every safety and health committee shall–

(a)           consist of an equal number of members, not less than 4 on each side, representing the employer and the employees provided that the representatives of the employees shall be chosen by the employees or determined as may be prescribed;

(b)           be chaired by the employer or by a senior member of the management staff appointed in compliance with subsection (1);

(c)           have the registered safety and health officer as an exofficio member who shall act as the technical secretary; and

(d)           be held during working hours at least once every two months or at any earlier time at the request of any representative of the employer or the employees on that committee, where the circumstances so justify.

(4)           (a)           The employer who holds a meeting of the safety and health committee in accordance with the provisions of subsection (3)(d) shall give notice thereof to the Permanent Secretary not less than 10 days before the meeting is held.

(b)           The notice to be given under this subsection shall–

(i)            be in writing; and

(ii)           state the date and time and the exact place of the meeting.

(c)           The Permanent Secretary or any person deputed by him may attend the meeting as an observer.

(5)           The employer shall forward a written record of proceedings of a safety and health committee duly signed by the chairman and a representative of the employees, to the Chief Factory Inspector within 10 days following the holding of the meeting.

PART III – ADMINISTRATION


14           Powers of Permanent Secretary

 (1)          The Permanent Secretary may, for the purposes of this Act, exercise any of the following powers–

(a)           enter freely and without previous notice at any hour of the day or night any place of work in order to make such inspection, examination and investigation as may be necessary to ascertain whether the provisions of this Act are complied with, other than premises used solely for residential purposes except with the permission of the occupier thereof;

(b)           enter freely and without previous notice by day any premises in which he has reasonable cause to believe that–

(i)            any person is employed; or

(ii)           explosive, highly flammable or hazardous material are stored for use at any place of work,

in order to make such inspection, examination and investigation as may be necessary to ascertain whether the provisions of this Act are complied with, other than premises used solely for residential purposes except with the permission of the occupier thereof;

(c)           be accompanied by a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

(d)           be accompanied by any other person and take with him any equipment or material required for any purpose for which the power of entry is being exercised;

(e)           require the production of any record, certificate, notice or document kept in pursuance of this Act, and any other book or document which it is necessary for him to see for the purposes of any examination or investigation under paragraphs (a) and (b), and to inspect, examine and copy any of them;

(f)            require any person, whom he has reasonable cause to believe to be able to give any information relevant to any inspection, examination or investigation under paragraphs (a) and (b), to answer relevant questions (alone or in the presence of any other person he may allow to be present and at such a place as he thinks fit) and to sign a declaration of the truth of his answers;

(g)           require any person at a place of work to afford him such facilities and assistance with respect to any matters or things within that person’s control or responsibilities as are necessary to enable him to exercise any of the powers conferred on him by this section;

(h)           summon in writing any person whom he has reasonable cause to believe to be able to give any information relevant to any inspection, examination or investigation, to attend at a time and place specified and to give such information or to produce any relevant document;

(i)            take such measurements and photographs and make such recordings as he considers necessary for the purpose of any inspection, examination or investigation under paragraphs (a) and (b);

(j)            take and remove samples of any articles or substance found at any place of work which he has power to enter, and of the atmosphere in or in the vicinity of such a place of work, subject to the employer being notified of any sample so taken;

(k)           in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to safety or health, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes mentioned in paragraphs (a) and (b); and

(l)            in the case of any article or substance specified in paragraph (k), take possession of it and detain it for so long as is necessary for any of the following purposes–

(i)            to examine it and do to it anything which he has power to do under that paragraph;

(ii)           to ensure that it is not tampered with before his examination of it is completed; and

(iii)          to ensure that it is available for use as evidence in any proceedings for an offence under this Act.

(2)           Where the Permanent Secretary is of the opinion that the safety, health or welfare of any employee living or working at a place of work is or is likely to be adversely affected or the arrangements made for the residence or employment of any employee at a place of work are inadequate, he may, by written notice served on the employer, give such directions to the employer as he thinks fit.

15          
Po wer of Permanent Secretary to make prohibition orders

(1)           Where, in the opinion of the Permanent Secretary, any place of work or any activities carried on therein or which are about to be carried on therein, involves a risk of serious bodily injury, he may make an order in the form and giving the particulars set out in the Second Schedule prohibiting the use of the place of work or the carrying out of the activities until the risk is removed to his satisfaction, and serve such order on the employer or his representative or the person in control of the place of work or activities.

(2)           (a)           An order made under subsection (1) shall take immediate effect where the Permanent Secretary is of the stated opinion that the risk of serious bodily injury is, or, as the case may be, will be imminent, and shall have effect at the end of a period specified in the order in any other case.

(b)           Where an order made under subsection (1) which is not to take immediate effect has been served–

(i)            the order may be withdrawn by the Permanent Secretary at any time before the end of the period specified therein; or

(ii)           the period so specified may by extended by the Permanent Secretary at any time when an appeal against the order is not pending.

PART IV - HEALTH AND WELFARE (GENERAL PROVISIONS)


16           Structure of building

(1)           Where an employee has to work in, or in the course of his work pass through, any part of a building, such part of the building shall be of sound construction and kept in a good state of repair.

(2)           Every building used as a place of work shall be so designed as to protect employees from the weather, have a watertight roof, and be free from any significant amount of dampness as is liable to affect the safety of the building or the health of the employees.

(3)           Where any process is carried on which renders the floor of a building liable to be wet to such an extent that the wet is capable of being removed by drainage, effective means shall be provided and maintained for draining off the wet.
 
17           Cleanliness


 (1)          Every place of work shall be kept in a clean state and free from effluvia arising from any drain, sanitary convenience or other nuisance.

(2)           Without prejudice to the generality of subsection (1)–

(a)           accumulation of dirt, refuse or trade waste shall be removed daily by a suitable method from the floors and benches of workrooms and from the staircase and passages;

(b)           the floor of every workroom shall be cleaned at least once every week by an effective and suitable method; and

(c)           all inside walls and partitions and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall be kept clean, and unless they have a smooth impervious surface, they shall be properly painted or otherwise kept properly decorated.

18           Overcrowding


 (1)          A place of work shall not, while work is carried on therein, be so overcrowded as to cause risk of injury to the health of the employees.

(2)           Without prejudice to the generality of subsection (1) but subject to subsection (3), the number of employees at any one time in any workroom shall not be such that the amount of cubic space allowed for each is less than 8.5 cubic metres.

(3)           In calculating the amount of cubic space in any room for the purposes of this section, no space more than 4.5 metres from the floor shall be taken into account.

19           Ventilation and temperature


 (1)          Effective and suitable provision shall be made for securing and maintaining the adequate ventilation of every workroom by the circulation of fresh or artificially purified air of suitable temperature and relative humidity and for rendering harmless, so far as is practicable, all impurities generated in the course of any process or work carried on in the workroom as may be injurious to health.

(2)           Effective and suitable provision shall be made for securing and maintaining a comfortable temperature inside every workroom.

20           Lighting


 (1)          Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a place of work in which persons are working or passing.

(2)           All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction, but this subsection shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating heat or glare.

21           Sanitary conveniences


 (1)          In any building where work is carried out, sufficient and suitable sanitary conveniences for the employees shall be provided, maintained, and kept clean at all times. Effective provision shall be made for lighting the conveniences and where persons of both sexes are or are intended to be employed, except in the case of buildings where the only employees are members of the same family, such conveniences shall afford proper separate accommodation for persons of each sex, the approaches shall be separate and the conveniences for each sex shall be indicated by a suitable notice.

(2)           Every sanitary convenience shall be sufficiently ventilated and shall not communicate with any workroom, rest-room or messroom except through the open or through an intervening ventilated space.

(3)           Every sanitary convenience, other than a urinal, shall be under cover, have a proper door and fastenings and be so partitioned off as to secure privacy.

(4)           Every urinal shall be so placed or so screened as not to be visible from other parts of the building where persons work or pass.

(5)           The sanitary conveniences shall be so arranged as to be conveniently accessible to the employees at all times while they are at the place of work.

(6)           Without prejudice to the generality of subsection (1)–

(a)           at least one sanitary convenience shall be provided for every 25 females;

(b)           at least one sanitary convenience (not being a convenience suitable only as a urinal) shall be provided for every 25 males;

(c)           where the number of males employed in a building exceeds 100 and enough urinal accommodation is also provided, it shall be sufficient if there is one sanitary convenience provided for every 25 males up to 100 and one for every 40 males above 100.

(7)           For the purposes of this section, any number of persons less than 25 or 40 shall be reckoned as 25 or 40 as the case may be.

22           Supply of drinking water


 (1)          There shall be provided and maintained at suitable points conveniently accessible to all employees an adequate supply of wholesome drinking water.

(2)           Where the supply of drinking water is not a supply of running water, it shall be contained in suitable vessels and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination at any time.

(3)           All containers or vessels containing harmful liquids which may be confused with drinking water or other beverages shall be clearly marked to indicate their contents or marked with an approved warning sign.

23           Washing facilities


There shall be provided and maintained for the use of the employees adequate and suitable facilities for washing which shall include a supply of clean water, soap, clean towels or other suitable means of cleaning and drying, and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.

24           Accommodation for clothing


 (1)          There shall be provided and maintained for the use of the employees adequate and suitable accommodation for clothing not worn during working hours.

(2)           Where the number of employees and the nature of their work so require, the Permanent Secretary may direct in writing that proper changing rooms, separate for each sex, be provided.

25           Seats


 (1)          Where any employee has in the course of his employment reasonable opportunity for sitting without detriment to his work, there shall be provided and maintained for his use suitable seats to enable him to take advantage of those opportunities.

(2)           Where a substantial proportion of any work can properly be done sitting, there shall be provided and maintained for each employee doing that work a seat of a design, construction and dimensions suitable for him and for the work, together with a backrest if practicable and a foot-rest on which he can readily and comfortably support his feet if he cannot do so without a footrest.

26           Facilities for the taking of meals


 (1)          Subject to subsection (2), every employer shall provide and maintain adequate facilities for the taking of meals, due regard being paid to the number of employees remaining on the premises during meal intervals, and the facilities shall be away from the habitual work position and shall include tables and chairs or benches with backrests.

(2)           Every employer of more than 25 employees shall provide and maintain a messroom furnished with tables and chairs or benches with backrests, sufficient for the number of employees remaining on the premises during meal intervals.

27           Provisions for first-aid


 (1)          Every employer shall provide, or ensure that there are provided, such equipment and facilities as are adequate and appropriate in the circumstances for enabling first-aid to be rendered to his employees if they are injured or become ill at work.

(2)           Every employer shall provide, or ensure that there is provided, such number of suitable persons as is adequate and appropriate in the circumstances for rendering first-aid to his employees if they are injured or become ill at work.

(3)           For the purpose of this Act, the expression "first aid" shall mean–
(a)           in cases where a person will need help from a medical practitioner or nurse, treatment for the purpose of preserving life and minimising the consequences of injury and illness until such help is obtained, and

(b)           treatment of minor injuries which would otherwise receive no treatment or which do not need treatment by a medical practitioner or nurse.

PART V - SAFETY (MACHINERY)


28           Training and supervision of young persons working at dangerous machines

 (1)          No young person shall work at any machine specified in the Third Schedule, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and–

(a)           has received sufficient training in work at the machine; or

(b)           is under adequate supervision by a person who has a thorough knowledge and experience of the machine.

(2)           No young person shall be required to clean any part of any machine where the cleaning thereof would expose him to risk of injury from any moving part of the machine.

29           Dangerous machinery


 (1)          Every dangerous part of every machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every employee or person working on the premises as it would be if securely fenced.

(2)           Where any dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of subsection (1) shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part.

(3)           Any material being worked upon, in or at a machine shall be securely fenced unless it is in such a position as to be as safe to every employee or person at the place of work as it would be if securely fenced.

(4)           Without prejudice to the generality of subsection (1), the provisions of this section shall apply to any part of machinery which is dangerous–

(a)           by reason of the ejection of any part of the machinery or the material being worked upon; or

(b)           by reason of its proximity to any fixed part of the structure or any fixed object.

(5)           Without prejudice to the generality of subsection (4)(b), no traversing part of any machine and no material carried thereon shall be allowed to approach within a distance of 500 millimetres of such fixed part of the structure or fixed object.

(6)           Sufficiently clear and unobstructed space shall be provided and maintained at every machine while it is in motion or use to enable the work to be carried on safely.

30           Provisions as to unfenced machinery


 (1)          In determining whether any part of machinery is in such a position or of such construction as to be as safe to every employee or person at the place of work as it would be is if securely fenced–

(a)           no account shall be taken of any person carrying out, while that part of machinery is in motion, an examination thereof or any lubrication or
adjustment shown by the examination to be immediately necessary, if the examination, lubrication or adjustment can only be carried out while that part of machinery is in motion; and

(b)           in the case of any part of transmission machinery used in any process with respect to which the Permanent Secretary has declared, by certificate in writing, that he is satisfied that, owing to the continuous nature of such process, the stopping of that part would seriously interfere with the carrying on of the process, no account shall be taken of any person carrying out in the place of work, by such methods and in such circumstances and subject to such conditions as may be specified in the certificate, any such lubrication or any mounting or shifting of belts.

(2)           The provisions of this section shall apply only where the examination, lubrication or other operation is carried out by persons who have attained the age of eighteen, and all such other conditions as may be specified by the Permanent Secretary are complied with.

31           Construction and maintenance of fencing


All fencing and other safeguards shall be of substantial construction and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary.

32           Chains, ropes and lifting tackle


 (1)          This section shall apply to every chain, rope or lifting tackle used for the purpose of raising, lowering or suspending persons, goods or materials.

(2)           No chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength and free from patent defect.

(3)           No chain, rope other than fibre rope and fibre rope slings or lifting tackle shall be taken into use for the first time in any place of work unless it has been tested and examined by a competent person and a certificate of such test and examination, specifying the safe working load and signed by the competent person is obtained and kept available for inspection.

(4)           Every chain, rope or lifting tackle in use shall be thoroughly examined by a competent person at least once every 12 months.

(5)           No chain, rope or lifting tackle shall be used for raising, lowering or suspending any load exceeding the safe working load, except by a competent person for testing purposes.

(6)           Every chain, rope or lifting tackle shall bear a distinguishing mark or number sufficient to identify it.

(7)           A register containing a record of the prescribed inspections shall be kept by the employer in respect of all such chains, ropes or lifting tackle, except fibre rope slings.

33           Cranes and other lifting machines


 (1)          All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall–

(a)           be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained; and

(b)           be thoroughly examined by a registered machinery inspector at least once every 12 months.

(2)           A report of the result of every such examination in the form set out in the Fourth Schedule shall be sent by the employer to the Chief Factory Inspector within 28 days of the completion of the examination.

(3)           Every lifting machine shall be plainly marked with its safe working load or loads and a distinctive number or other means of identification, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto so as to be clearly visible to the driver a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load or alternatively an automatic indicator of safe working loads.

(4)           No lifting machine shall, except for the purpose of a test, be loaded beyond its safe working load as specified in subsection (3).

(5)           All parts and working gear, whether fixed or movable, including the anchoring and  fixing appliances, of every lifting machine shall be inspected at least once every week by the operator, if competent for the purpose, or other competent person and a report of the result of every such inspection, signed by the person carrying out the inspection, shall be made forthwith in a register provided by the employer and kept available for inspection.

(6)           No person under 18 years of age shall be employed to operate any lifting machine driven by mechanical power or to give signals to the operator of any such machine.

(7)           A lifting machine shall not be operated except by a person trained and competent to operate that machine but it shall be permissible for such machine to be operated by a person who is under the direct supervision of a competent person for the purpose of training or instruction.

(8)           Every crane and winch shall be provided with a readily accessible and efficient brake or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled while being lowered and every hand winch shall be fitted with an efficient pawl capable of sustaining the safe working load.

(9)           All rails on which a travelling crane moves and every track on which the carriage of any other lifting machine moves shall be of proper size and adequate strength and have an even running surface, and any such rail or track shall be properly laid, adequately supported or suspended and properly maintained.

(10)         Where any person is employed or working on or near the wheel track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken by warning the operator of the crane or otherwise to ensure that the crane does not approach within 6 metres of that place.

(11)         Where any person is employed or working otherwise than specified in subsection (1) but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by such a crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with or dependent on the movements of the crane as to make a warning unnecessary.

34           Hoists and lifts


 (1)          Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and shall be properly maintained.

(2)           Every hoist or lift shall be thoroughly examined by a registered machinery inspector at least once every 6 months, and a report of the result of such examination in the form set out in the Fifth Schedule, shall be sent by the employer to the Chief Factory Inspector within 28 days of the completion of the examination.

(3)           Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates so as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.

(4)           Any such gate shall be fitted with efficient interlocking or other device so as to ensure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed.

(5)           Every hoist or lift and every enclosure shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counter-balance weight and any other moving part of the hoist or lift.

(6)           There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry and no load greater than that load shall be carried on any hoist or lift.

(7)           The following additional requirements shall apply to hoists or lifts used for carrying persons, whether together with goods or otherwise–

(a)           efficient automatic devices shall be provided and maintained to prevent the cage or platform from overrunning;

(b)           every cage shall, on each side from which access is afforded to a landing, be fitted with a gate, and in connection with any such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed and will come to rest when the gate is opened;

(c)           the maximum number of persons or amount of load that can safely be carried shall be marked conspicuously;

(d)           where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage or failure of the ropes or chains or any of their attachments.

35           Steam boilers–registration and conditions of use


 (1)          Where a steam boiler is installed at a place of work or is transferred from one place of work to another or from one owner to another, the installation or transfer shall be forthwith notified to the Permanent Secretary by the owner or the new owner, as the case may be, for the purposes of registration or of a new registration, as the case may be.

(2)           The Permanent Secretary shall duly register the steam boiler, after making such investigations as he thinks fit and imposing such conditions as are appropriate and issue a number in respect of each steam boiler so registered, subject to the payment of the prescribed fee.

(3)           The owner of the steam boiler shall forthwith cause the registration number to be affixed on the steam boiler in such manner as to be conspicuous and immediately ascertainable on examination.

(4)           No person shall use or permit a steam boiler to be used at any place of work–

(a)           unless it has been registered by the Permanent Secretary in accordance with this Act;

(b)           in the case of any steam boiler which has been permanently transferred from one locality to another, or from one owner to another, until the transfer has been reported to the Permanent Secretary in accordance with this Act;

(c)           unless a registered boiler inspector has in accordance with this Act authorised the use of the steam boiler for the time being;

(d)           at a pressure higher than the maximum permissible working pressure authorised by a registered boiler inspector in respect of the steam boiler;

(e)           where the report of any examination under this Act specifies conditions for securing the safe working of a steam boiler, except in accordance with those conditions; and

(f)            in contravention of this Act.

(5)           An authorisation to use a steam boiler shall cease to be in force–

(a)           on the expiry of the period for which a registered boiler inspector has authorised its use;

(b)           where an accident occurs to the steam boiler;

(c)           where the steam boiler, being a stationary boiler, is moved;

(d)           where any structural alteration, addition, renewal or extensive repair is madein or to the steam boiler; or

(e)           on the communication to the owner of the steam boiler of a decision of the Permanent Secretary to cause the boiler to be re-examined under the provisions of section 65(9).

(6)           In this section, "accident" means an explosion of a steam boiler or of any steam pipe attached to it, or any damage to the boiler or steam pipe likely to weaken its strength so as to render it liable to explode.

36           Steam boilers–attachments and construction


 (1)          Every part of every steam boiler shall be of good construction, sound material, adequate strength and free from patent defect and shall conform to the specifications of the Mauritius Standards Bureau, if any.

(2)           Subject to subsection (4), every steam boiler, whether separate or one of a range shall–

(a)           have attached to it the devices specified in subsection (3);

(b)           be provided with means for attaching a test pressure gauge; and

(c)           unless externally fired, be provided with a suitable fusible plug or an efficient low-water alarm device or both where reasonably practicable.

(3)           The devices referred to in subsection (2)(a) are–

(a)           a suitable safety valve, separate from and incapable of being isolated by any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler;

(b)           a suitable stop-valve connecting the boiler to the steam pipe;

(c)           a correct steam pressure gauge connected to the steam space and easily visible, which shall indicate the pressure of steam in the boiler and have marked on the face of the gauge in a distinctive colour the maximum
permissible working pressure;

(d)           at least one water gauge of transparent material or other type approved by the Permanent Secretary to show the water level in the boiler, and if the gauge is of the glass tubular type and the working pressure of the boiler normally exceeds 275 kilopascals fitted with an efficient guard which does not obstruct the reading of the gauge.

(4)           (a)           Subsection (3)(b) shall not apply to enonomisers.

(b)           Subsections (2)(b) and (c) and (3)(c) and (d) shall not apply to economizers and superheaters.

(5)           A lever-valve shall not be deemed a suitable safety-valve unless the weight is secured on the lever in the correct position.

37           Steam boilers – maintenance, examination and use


 (1)          Every steam boiler and all its fittings and attachments shall be properly maintained.

(2)           No steam boiler shall be operated except by or under the constant control or supervision of a competent person.

(3)           No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless–

(a)           all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or

(b)           all valves or taps controlling such entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.

(4)           No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for any person who is required to work therein.

(5)           Every steam boiler and all its fittings and attachments shall be thoroughly examined by a registered boiler inspector at least once every 12 months.

(6)           An examination under subsection (5) shall consist, in the first place, of an examination of the boiler when it is cold and the interior and the exterior have been suitably prepared, and secondly, except in the case of an economiser or superheater, of an examination when it is under normal steam pressure; the examination under steam pressure shall be made as soon as possible after the examination of the boiler when cold, and the registered boiler inspector shall ensure that the safety valve is so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure.

(7)           A report of the result of every such examination, in the form set out in the Sixth Schedule, shall be sent by the employer to the Chief Factory Inspector within 28 days of the completion of the examination.

38           Steam receivers and steam containers


 (1)          Every steam receiver and every part thereof and all its fittings shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

(2)           Every steam receiver, not so constructed and maintained as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained in the pipe  onnecting the receiver with any source of supply, shall be fitted with–

(a)           a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure of the receiver being exceeded;

(b)           a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply steam as soon as the safe working pressure is exceeded;

(c)           a correct steam pressure gauge, which shall indicate the pressure of steam in the receiver;

(d)           a suitable stop-valve; and

(e)           except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.

(3)           The safety valve and pressure gauge specified in subsection (2) shall be fitted  either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure being exceeded.

(4)           For the purpose of subsection (2) other than paragraph (e) thereof, any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver, and for the purpose of the said subsection, except paragraphs (d) and (e) thereof, any other set of receivers supplied with steam through a single pipe may be treated as one receiver but this subsection shall not apply to any such set of receivers unless the reducing valve or other appliance to prevent the safe working pressure being exceeded is
fitted on the said single pipe.

(5)           Every steam receiver and all its fittings shall be properly examined by a registered boiler inspector, so far as the construction of the receiver permits at least once every 24 months.

(6)           A report of the result of every such examination in the form set out in the Seventh Schedule shall be sent by the employer to the Chief Factory Inspector within 28 days of the completion of the examination.

(7)           Every steam container shall be so maintained as to secure that the outlet is at all times kept open and free from obstruction.

39           Air receivers


 (1)          Every air receiver and every part thereof and all its fittings shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

(2)           Every air receiver shall–

(a)           have marked upon it, so as to be clearly visible, the safe working pressure;

(b)           in the case of a receiver connected with an air compressing plant, either be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded;

(c)           be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded;

(d)           be fitted with an accurate pressure gauge indicating the pressure in the receiver and have marked on the face of the gauge in a distinctive colour the safe working pressure;

(e)           be fitted with a suitable appliance for draining the receiver other than a vessel specified in paragraphs (b) and (d) in the definition of "air receiver";

(f)            be provided with a suitable manhole, handhole or other means which will allow the interior to be thoroughly cleaned; and

(g)           where there is more than one receiver in use in the place of work, bear a distinguishing mark which shall be easily visible.

(3)           For the purpose of subsection (2), relating to safety valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver but in the case where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, this subsection shall not apply unless the valve or appliance is fitted on the said single pipe.

(4)           Every air receiver shall be thoroughly cleaned and examined at least once every 12 months except that in the case of a receiver of solid drawn construction if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination at least once every 24 months.

(5)           Every examination and test specified in subsection (4) shall be carried out by a registered machinery inspector and a report of the result of every such examination and test in the form set out in the Eighth Schedule shall be sent by the employer to the Chief Factory Inspector within 28 days of the completion of the examination.

40           Refrigeration plants


 (1)          Every refrigeration plant capable of being entered by an employee shall–

(a)           have all control valves situated outside the cold storage room; and

(b)           have all doors of every cold storage room capable of being opened easily and quickly from the inside and outside.

(2)           Every refrigeration plant which has a positive displacement compressor shall be provided with–

(a)           an automatic pressure relief device for that compressor; and

(b)           a suitable pressure gauge to indicate the discharge pressure from such plant.

(3)           Every user of a refrigeration plant specified in subsection (1) shall cause a registered machinery inspector to examine, test and certify at least once every 12 months the entire plant together with all its components and auxiliary parts.

(4)           The employer shall send a report of the result of every such examination to the Chief Factory Inspector within 28 days of the completion of the examination.

41           Special provisions


 (1)          No steam boiler, steam receiver, air receiver, lifting machine, hoist, lift or refrigeration plant shall be taken into use for the first time in any place of work unless it has been examined and favourably reported on by a registered boiler inspector or registered machinery inspector, as the case may be.

(2)           A report of the result of an examination under subsection (1) in the form set out in the appropriate Schedule, where applicable, shall be sent by the employer to the Chief Factory Inspector within 28 days of the completion of the examination.

(3)           Where a report under subsection (1) specifies conditions for securing the safe working of the equipment, that equipment shall not be used except in accordance with the conditions so specified.


42           Abrasive wheels


 (1)          Every abrasive wheel shall be–

(a)           suitable for the work for which it is used and be properly mounted;

(b)           provided with a guard–

(i)            of such design and construction as to contain so far as is reasonably practicable, every part of the abrasive wheel in the event of any fracture of the wheel;

(ii)           which encloses the whole of the abrasive wheel except such part thereof as is necessarily exposed for the purpose of any work being done at the abrasive wheel; and maintained in position whenever the abrasive wheel is in motion;

(iii)          which is secured against accidental displacement and

(c)           (i)            marked with its maximum permissible speed in revolutions per minute where its diameter is more than 50 millimetres; and

(ii)           not operated at a speed in excess of its maximum permissible speed; and

(d)           provided where necessary with suitable protection flanges of sufficient diameter.

(2)           Where at any abrasive wheel there is a rest for supporting a workpiece, the rest shall at all times while the wheel is in motion be–

(a)           properly secured;

(b)           adjusted so as to be as close as practicable to the exposed part of the abrasive wheel; and

(c)           of substantial construction and properly maintained.

(3)           No person shall mount an abrasive wheel unless he is competent to carry out such work.

(4)           In this section "abrasive wheel" means a wheel, cylinder, disc or cone made of any material which–

(a)           contains abrasive particles held together by mineral, metallic or organic bond whether natural or artificial; and

(b)           is power-driven and intended for use in any grinding or cutting operation.

PART VI - SAFETY (GENERAL PROVISION)


43           Safe means of access and safe place of employment

(1)           There shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work, and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there.

(2)           Where any person is to work at a place from which he will be liable to fall a distance more than two metres, then unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided so far as is reasonably practicable, by fencing or otherwise, for ensuring his safety.

(3)           All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall be kept free from any obstruction and from any substance likely to cause persons to slip.

(4)           For every staircase in a building, a substantial handrail shall be provided and maintained which, if the staircase has an open side, shall be on that side, and if the staircase has two open sides, shall be on both sides.

(5)           Any open side of a staircase shall also be fenced by the provision and maintenance of a lower rail or other effective means.

(6)           All openings in floors shall be effectively fenced except in so far as the nature of the work renders such fencing impracticable.

(7)           Every opening in a wall used for raising or lowering goods or materials whether by mechanical power or otherwise, shall be effectively fenced, and shall be provided with a secure handhold on each side of the opening and the fencing shall be properly maintained and shall, except when the raising or lowering of goods or materials is being carried on at the opening, be kept in position.

44           Storage


 (1)          All goods, articles and substances shall be stored or stacked–

(a)           in such manner as will ensure their stability and prevent any fall or collapse;

(b)           in such manner as not to interfere with the adequate distribution of natural or artificial light, the proper operation of machines or other equipment, the unobstructed use of passageways or traffic lanes, and the efficient functioning of sprinkler systems and the use of other fire extinguishing equipment;

(c)           on firm foundations not liable to settle and in such manner as not to overload any floor.

(2)           No goods, articles or substances shall be stored or stacked against a wall or partition unless the wall or partition is of sufficient strength to withstand any pressure caused thereby.

45           Ladders


 (1)          Every ladder shall be of good construction, sound material, adequate strength and suitable for the purpose for which it is used and shall be properly maintained.

(2)           No ladder shall be used unless–

(a)           it is securely fixed in a position to prevent it from slipping or falling, except that when this is impracticable a person shall be stationed at the base of the ladder to prevent it from slipping or falling;

(b)           it stands on a firm and level footing except in the case of a suspended ladder;

(c)           it is secured where necessary to prevent undue swaying or sagging;

(d)           it is equally and properly supported on each stile or side;

(e)           in the absence of adequate handhold, it extends at least one meter above the place of landing or the highest rung to be reached by the feet of the person using the ladder, or if this is impracticable, to the greatest practicable height; and

(f)            there is sufficient space at each rung to provide adequate foothold.

(3)           Subsection (2) shall not apply to any folding stepladder, provided that it has a level and firm footing and is used in the fully open position with any spreaders locked.

46           Dangerous substances


 (1)          Every vessel which contains any toxic, corrosive or flammable substance shall have clearly marked on it the name and nature of the substance, and the precautions to be observed in the storage, handling or use of such substance shall either be marked on the vessel or be clearly displayed or otherwise made known to the employees.

(2)           All practicable steps shall be taken by covering, fencing or other means, to prevent an employee from falling into any fixed vessel, sump or pit, the edge of which is less than one metre above the adjoining ground or platform and which contains a substance likely to be prejudicial to his safety or injurious to his health.

(3)           Every flammable, corrosive, toxic or otherwise dangerous substance shall be stored in such a position and in such a manner as not to cause danger to the employees or to other persons who may be affected thereby.

(4)           The Permanent Secretary may by order in writing exempt from the requirements of this section any class or description of vessel, sump or pit where he is satisfied that the requirements are unnecessary or inappropriate.

47           Precautions with regard to explosive or flammable dust, gas, vapour or substance


 (1)          Where, in connection with any process giving rise to dust, gas or vapour, there may escape dust, gas or vapour of such a character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process, and by removal or prevention of accumulation of the dust, gas or vapour that may escape in spite of the enclosure, and by exclusion or effective
enclosure of possible source of ignition.

(2)           Where there is stored or there is present in any plant any dust, gas or vapour of such a character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision, in connection with the plant, of chokes, baffles and vents or other equally effective appliances or measures, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion.

(3)           Where any part of a plant contains any explosive or flammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions–

(a)           before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into such pipe shall be effectively stopped by a stop-valve or otherwise;

(b)           before any such fastening is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure,

and where any such fastening has been loosened or removed, no explosive or flammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured or securely replaced, as the case may be.

(4)           No plant, tank or vessel which contains or has contained any explosive or flammable substances shall be subjected to–

(a)           any welding, brazing or soldering operation;

(b)           any cutting operation which involves the application of heat; or

(c)           any operation involving the application of heat for the purpose of taking apart or removing the plant, tank or vessel or any part of it, until all practicable steps have been taken to remove the substance and any fumes arising from it, or to render them non-explosive or non-flammable, and where any plant, tank or vessel has been subjected to any such operation, no explosive or flammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.

(5)           No plant, tank or vessel which contains or has contained a substance which, when heated may give rise to a toxic gas, fume or vapour, shall be so heated unless all practicable steps have been taken to remove such substance.

48           Dangerous fumes and lack of oxygen


 (1)          The provisions of subsections (2) to (7) of this section shall have effect where work has to be done inside any vessel, tank, pit or similar confined space in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby.

(2)           The confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval or circular in shape, and shall be not less than 450 millimetres long and 400 millimetres wide or (if circular) not less than 450 millimetres in diameter, or in the case of tank wagons and other mobile plant, not less than 400 millimetres long and 350 millimetres wide or (if circular) not less than 400 millimetres in diameter.

(3)           Subject to subsection (4), no person shall enter or remain in, and no person shall require, instruct or direct any person to enter or remain in, the confined space for any purpose unless the person entering or remaining in the confined space is wearing a suitable breathing apparatus (which shall not include a respirator) and has been authorised to enter by a competent person, and, where practicable, is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out, is holding the free end of
the rope.

(4)           Where the confined space has been certified by a competent person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, subsection (3) shall not apply, but no person shall enter or remain in the space unless he has been warned when that period will expire.

(5)           A confined space shall not be certified under subsection (4) unless–

(a)           effective steps have been taken to prevent any ingress of dangerous fumes;

(b)           any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes in significant quantities; and

(c)           the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for breathing.

(6)           There shall be provided and kept readily available a sufficient supply of suitable breathing apparatus, belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts and ropes shall be properly maintained and shall be thoroughly examined, at least once every 3 months by a competent person who shall make a report on every such examination, which shall be kept available for inspection.

(7)           A sufficient number of employees shall be trained and given practice in the use of the apparatus specified in subsection (6) and in a method of restoring breathing.

(8)           No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless–

(a)           he is wearing a suitable breathing apparatus; or

(b)           the space has been and remains adequately ventilated and a responsible person has tested and certified it as safe for entry without breathing apparatus.

49           Corrosive substances


Where corrosive substances are used and there is danger of an employee being splashed thereby, there shall be provided for use in case of emergency–

(a)           adequate and readily accessible means for drenching with water or any other appropriate substance such an employee; and

(b)           sufficient and suitable means of flushing the eyes, conveniently situated and marked, the location of which is made known to such employees.

50           Gas plants


 (1)          All gas plants, which shall include any plant, apparatus or machine used for the manufacture or storage of gas, and any pipes or appliances used in carrying such gas to the place where it is to be used, shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

(2)           No gas filling shall be allowed except under the direct supervision of a competent person.

(3)           No gas cylinder for corrosive gases shall be filled unless it has been examined or tested by a competent person at least once every 2 years and no gas cylinder for other gases shall be filled unless it has been examined or tested by a competent person at least once every 5 years and the result of such examination or test shall be kept available for inspection.

(4)           In this section "gas" includes any gaseous substance whether in its gaseous or liquid state.

51           Electrical installations


All electrical apparatuses and conductors, including machines, equipment and fittings, shall be sufficient in size and power for the work for which they are used, and shall be so constructed, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.

52           Prevention of fire


 (1)          In every building there shall be provided and maintained, so as to be readily accessible, means of extinguishing fire, which shall be adequate and suitable having regard to the circumstances of the premises and the process.

(2)           In every place of work, a sufficient number of employees shall be trained in the proper use of the means of extinguishing fire specified in subsection (1).

53           Safety provisions in case of fire


 (1)          Every building shall be provided with such means of escape in case of fire for the employees as may reasonably be required in the circumstances of each case.

(2)           Without prejudice to the generality of subsection (1), there shall be provided at least two separate means of escape in different directions in case of fire from each floor of every such building. Spiral staircases shall not be deemed to meet the requirements of this section.

(3)           All means of escape as aforesaid shall be properly maintained and kept free from obstruction.

(4)           All doors affording means of exit from a building for the employees shall, except in the case of sliding doors, be constructed to open outwards.

(5)           In every building effective steps shall be taken to ensure that all employees are familiar with the means of escape and with the procedure to be followed in case of fire.

(6)           While any employee is within a building, any door which affords a means of exit for such an employee from the building or from any enclosure in which the building is situated, shall not be locked or fastened in such manner that it cannot be easily and immediately opened from the inside.

(7)           Every window, door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in red letters of an adequate size in languages understood by the employees.

(8)           The contents of any room shall be so arranged or disposed that there is a free passageway for all employees in that room to a means of escape in case of fire.

(9)           In every building in which more than 50 persons are employed or in which highly flammable materials are stored, handled or used, there shall be provided and maintained effective devices for giving warning in case of fire, which shall be clearly audible throughout the building and capable of being operated without exposing any person to undue risks. Such devices shall be tested by a competent person at least once a month to ensure their continued operation.

54           Fire certificate


 (1)          For the purposes of this section, "Fire Authority" means the Controller, Fire Services.

(2)           A fire certificate issued by the Fire Authority shall be required in respect of every place of work–

(a)           where more than–

(i)            20 persons are employed to work at any one time; or

(ii)           10 persons are so employed elsewhere than on the ground floor;

(b)           where explosive or highly flammable material is stored or used; or

(c)           situated in premises where explosive or flammable material is stored or used.

(3)           No person shall require or permit an employee to work in any place of work in respect of which a fire certificate is required unless such certificate is in force and the conditions attached to it are complied with.

(4)           (a)           Every person who uses or proposes to use any place of work specified in subsection (2) or intends to construct a building to be used as such place of work shall–

(i)            make a written application to the appropriate Fire Authority for a fire certificate; and

(ii)           furnish to the Fire Authority such drawing, plan, document or other information as the Fire Authority may require.

(b)           On receipt of an application under paragraph (a), the Fire Authority may, after making such enquiries as it deems necessary, issue a fire certificate subject to such conditions as it thinks fit to impose, or refuse to grant such certificate stating the reason for doing so.

(c)           Any person aggrieved by a refusal of the Fire Authority to grant a certificate under paragraph (b) may, within 14 days of such refusal being communicated to him, appeal to the Court.

(d)           Where an appeal is made under paragraph (c) the decision of the Court shall be final.

(5)           Every fire certificate issued in respect of any place of work or any intended place of work shall specify–

(a)           the name of the applicant;

(b)           the address of the premises;

(c)           the intended use of the premises which the certificate covers;

(d)           the means of escape in case of fire which are or should be provided;

(e)           the means (other than means of fighting fire) which are or should be provided for securing that the means of escape in case of fire can be safely and effectively used at all material times;

(f)            the type, number and location of the means which are or should be provided (whether in the premises or elsewhere) for fighting fire;

(g)           the type and location of the means which are or should be provided for giving warning in case of fire; and

(h)           particulars as to any explosive or highly flammable material which may be stored or used in the premises, and may, where appropriate, do so by means of or by reference to a plan or photograph.

(6)           The conditions specified in subsection (4)(b) may include those–

(a)           for securing that the means of escape in case of fire which are provided are properly maintained and kept free from obstruction;

(b)           for securing that the means specified in subsection (5)(e) to (g) are properly maintained;

(c)           for securing that the means specified in subsection (5)(f) and (g) are tested and examined at regular intervals and that records are kept of such tests and examinations;

(d)           for securing that persons at work on the premises receive appropriate instruction and training in measures to be taken in case of fire, and that records of such instruction and training are kept;

(e)           for limiting the number of persons who may be on the premises at any one time;

(f)            for limiting the quantity and disposition of any substance or article which may be kept on the premises at any one time; and

(g)           in respect of other precautions to be taken in relation to risks to persons in case of fire.

(7)           The Fire Authority may revoke a fire certificate where the holder thereof fails to comply with any condition imposed in the certificate.

(8)           (a)           Where any occupier proposes to make any material extension or material structural alteration to the premises or to increase materially the number of persons employed in the premises or in any part specified in the certificate or to begin to store or use explosive or highly flammable material or materially to increase the extent of such storage or use, he shall, before doing so, notify the appropriate Fire Authority in writing and furnish such drawing, plan, document or other information that may be required.

(b)           Where the Fire Authority is of opinion that the carrying out of a proposal specified in paragraph (a) would result in any of the matters specified in subsection (5)(d) to (h) becoming inadequate in relation to any use of the premises covered by the fire certificate, it may by notice in writing require the occupier to make such alteration within such period as may be specified in the notice.

(c)           The occupier shall, within the period specified in the notice, carry out the alteration required to the satisfaction of the Fire Authority, which may amend the certificate or issue a new one.

(d)           Where the alteration is not carried out to the satisfaction of the Fire Authority, it may, without prejudice to other proceedings being taken, revoke the certificate.

(9)           The Fire Authority shall forward a copy of every fire certificate issued under this section, including the conditions attached thereto, to the Permanent Secretary and shall notify him of the revocation of a certificate or amendment thereto.

(10)         Where a fire certificate is in force in respect of any place of work, the Fire Authority may cause any part of the premises where it is situated, to be inspected at any reasonable time for the purpose of ascertaining whether there has been a change of conditions by reason of which any of the matters specified in subsection (5)(d) to (h) have become inadequate in relation to any use of the premises covered by the certificate.

(11)         The Fire Authority may, for the purpose of carrying out its duties or exercising its powers or doing anything incidental thereto under this section, enter any place of work specified in subsection (2).

[Note]

PART VII - SAFETY, HEALTH AND WELFARE (SPECIAL PROVISIONS)


55           Prohibited and toxic substances
(1)           No substance prohibited under regulations made by the Minister shall be handled, stored or used in any place of work.

(2)           (a)           Every employee who may during the course of his work inhale, ingest or otherwise absorb any substance specified in the Ninth Schedule, shall be medically examined free of charge at intervals of not more than 6 months or at such intervals as the Permanent Secretary may direct in writing.

(b)           A register shall be kept at each place of work in which shall be entered the name, address, date of birth, date of employment, date and result of examination of every person examined in pursuance of paragraph (a), as well as any action taken.

(3)           Every employee who may during the course of his work handle or use any toxic substance shall be fully instructed as to the risks associated with the toxic substance and the necessary precautionary measures to be observed for protection against such risks.

(4)           Where in any room any poisonous substance which may contaminate food or drink is stored, handled or used, no employee shall be permitted to partake of food or drink in that room, and no food or drink shall be kept in or conveyed through that room at any time.

56           Removal of dust or fumes


 (1)          In every place of work in which, in connection with any process carried on, there is given off any dust, fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the employees, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect such persons against inhalation or ingestion of the dust, fume or other impurity and to prevent its accumulating in any workroom, and in particular where the nature of the process makes it practicable, exhaust appliances and other devices shall be provided and maintained, as near as possible to the point of origin of the dust, fume or other impurity, so as to prevent its entering the air of any workroom.

(2)           The Minister may by regulations specify the maximum permissible limits of exposure to substances hazardous to health which may be present in the atmosphere of any place of work.

57           Ionising radiations


 (1)          Effective measures shall be taken, so far as is practicable, to restrict the extent to which employees may be exposed to ionising radiations in the course of their employment.

(2)           No employee shall expose himself to ionising radiations to a greater extent than is necessary for the purposes of his work.

(3)           All sources of ionising radiations shall, where practicable, be adequately shielded.

(4)           Every employee liable to be exposed to ionising radiations shall be provided with appropriate instructions concerning the hazards involved and the precautions to be observed.

(5)           The employer shall do all that is practicable to prevent the inhalation or ingestion by an employee of any radioactive substance and to prevent the contamination of the body or of the clothing of an employee by any radioactive substance.

(6)           Every employee exposed to ionising radiations shall be medically examined free of charge at intervals of not more than 6 months or at such intervals as the Permanent Secretary may direct in writing.

58           Non-ionising radiations


 (1)          Where in any place of work persons are employed in any process involving exposure to ultra-violet, infra-red and any other non-ionising radiations which may constitute a danger to their health, effective means shall, so far as is reasonably practicable, be provided for the reduction of such non-ionising radiations within the place of work.

(2)           Any employee liable to be exposed to non-ionising radiations shall be provided with appropriate instructions concerning the hazards involved and the precautions to be observed.

59           Reduction of noise and vibration


Where in any place of work persons are employed in any process involving exposure to noise or vibration which may constitute a danger to their health, effective means shall, so far as is reasonably practicable, be provided for the reduction of such noise or vibration within the place of work.

60           Personal protective equipment and clothing


 (1)          Where any process carried out at a place of work is likely to cause bodily injury and such bodily injury cannot be prevented by other means, every person employed in that process and liable to such bodily injury, shall be provided with such suitable and appropriate personal protective equipment and clothing as will protect him from risk of injury.

(2)           The Permanent Secretary may in writing specify the protective equipment or clothing which shall be provided for any process or part thereof.

61           Protection of eyes in certain processes


 (1)          In the case of any of the processes specified in the Tenth Schedule or any other process which involves a special risk of injury to the eyes from particles or fragments thrown off in the course of the process, an eye protector or shield as appropriate shall be provided to protect the eyes of the employees engaged in the process.

(2)           Where, in any place of work, electric arc welding is carried on in such a manner as to involve risk of employees (other than those engaged in the welding process) being exposed to the electric arc flash, effective provision shall be made, by screening or otherwise, to prevent such exposure.

(3)           Every eye protector or shield provided under subsection (1) shall be suitable both for the work for which it is intended to be used and for the person using it and shall be for the personal and exclusive use of the person using it.

62           Lifting of weights


 (1)          No employer shall require an employee to lift, carry or move any load so heavy or of such characteristics as to be likely to cause bodily injury.

(2)           Every employer shall provide sufficient training in the safe techniques or methods of manual lifting and handling to any employee who is required in the normal course of his work regularly to lift, carry or move loads exceeding 50 kilograms for a male employee and 25 kilograms for a female employee.

63           Notification of industrial accidents and dangerous occurrences


 (1)          Where any employee, as a result of an accident arising out of or in connection with his work, dies or suffers any of the injuries or conditions specified in the Eleventh Schedule, or where there happens a dangerous occurrence specified in the Twelfth Schedule, the employer shall–

(a)           forthwith notify the Chief Factory Inspector by the quickest practicable means; and

(b)           within 7 days send a report thereof to the Chief Factory Inspector in the form set out in the Thirteenth Schedule.

(2)           The employer shall keep a record of all notifications of accidents and dangerous occurrences required to be reported under subsection (1).

64           Notification of industrial diseases


 (1)          Where a medical practitioner suspects or finds that any person is suffering from any industrial disease specified in the Fourteenth Schedule, he shall notify the employer of that person.

(2)           Upon receipt of a notification under subsection (1), the employer shall forthwith notify the Chief Factory Inspector in writing of the industrial disease which has or is suspected to have occurred together with the name, address and place of work of the person concerned, and shall keep a record of such notification.

65           Registered boiler inspectors


 (1)          (a)           Where an engineer registered with the Council of Registered Professional Engineers of Mauritius applies to be allowed to practise as a boiler inspector, the Permanent Secretary shall seek the advice of the Chief Factory Inspector on the application.

(b)           The Chief Factory Inspector may, before making his recommendations, examine the candidate on his theoretical and practical knowledge of any matter relevant to the subject of boilers and boiler examination. The
examination as regards knowledge may be partly in writing and partly oral.

(c)           The Chief Factory Inspector may, where he so thinks fit, seek the opinion of such competent person as he deems necessary to assist him in the examination of an applicant.

(d)           Any person assisting the Chief Factory Inspector under paragraph (c) shall be entitled to a fee to be determined by the Minister.

(2)           Every candidate shall pay the prescribed fee before his application is considered.

(3)           An application under subsection (1) shall not be entertained where the applicant has, within the past 24 months, made an application which has been rejected by the Permanent Secretary.

(4)           The Permanent Secretary shall, on receipt of a favourable recommendation of the Chief Factory Inspector, nominate the applicant as a boiler inspector.

(5)           Where an engineer, recognised by a Classification Society to practise as a boiler inspector, applies to be allowed to practise as a boiler inspector, the Permanent Secretary may nominate the applicant as a boiler inspector if the applicant satisfies the Permanent Secretary that he has adequate knowledge of the provisions of this Act.

(6)           (a)           Any applicant nominated by the Permanent Secretary under subsection (4) or (5) shall, before being entitled to practise as a boiler inspector, be registered by the Permanent Secretary on payment of the prescribed fee.

(b)           The Permanent Secretary shall cause every registration to be notified in the Gazette and keep a register of boiler inspectors.

(7)           Where a registered boiler inspector, who has been requested to make an examination of a steam boiler or steam receiver, fails to make a proper examination as required by section 37 or 38, or makes a report which is false or deficient in any material particular, he shall commit an offence.

(8)           (a)           The Permanent Secretary may remove from the register of boiler inspectors any person–

(i)            found guilty of an offence under subsection (7); or

(ii)           for gross incapacity, misconduct or impropriety in the practice of his profession.

(b)           Any person removed from the register of boiler inspectors shall cease to be a registered boiler inspector.

(9)           (a)           Where the Permanent Secretary is not satisfied as to the thoroughness of an examination of a steam boiler by a registered boiler inspector, he may require the boiler to be re-examined by a competent person nominated by him and the employer shall give the necessary facilities for the re-examination.

(b)           The cost of such re-examination shall be met by the employer.

(10)         Where as a result of a re-examination it appears that the report of the previous examination was inadequate or inaccurate in any material particular, the report of the re-examination signed by the person making it shall be admissible in evidence of the facts stated therein and the report shall be implemented as that of a boiler inspector.

66           Registered machinery inspectors


 (1)          Any person–

(a)           who is an engineer–

(i)            registered with the Council of Registered Professional Engineers of Mauritius and who satisfies the Permanent Secretary that he has proper knowledge of, and at least four years practical experience of, the machinery specified in sections 33, 34, 39 and 40; or

(ii)           already recognised by a Classification Society to practise as a machinery inspector; and

(b)           who satisfies the Permanent Secretary that he has adequate knowledge of the relevant provisions of this Act,

may be registered as a machinery inspector, subject to payment of the prescribed fee.

(2)           The Permanent Secretary shall cause every registration to be notified in the Gazette and keep a register of machinery inspectors.

(3)           Where a registered machinery inspector, who has been requested to make an examination of a machinery fails to make a thorough examination of the machinery as required by sections 33, 34, 39 or 40, or makes a report which is false or deficient in any material particular, he shall commit an offence.

(4)           The Permanent Secretary may remove from the register of machinery inspectors
any person–

(a)           found guilty of an offence under subsection (3); or

(b)           for gross incapacity, misconduct or impropriety in the practice of his profession.

PART VIII - REGISTRATION OF FACTORIES


67           Factory building permit

(1)           Every person who intends to construct a factory or a building appurtenant to a factory shall, at least 30 days before commencing construction, apply in writing to the Permanent Secretary for a factory building permit and submit to the Permanent Secretary proper site and location plans together with detailed drawings showing elevation, sections and plans of each floor of the factory or building, drawn to scale, with proposed layouts of machinery intended to be placed therein, and the welfare facilities to be provided for the employees.

(2)           On receipt of an application under subsection (1), the Permanent Secretary shall, after making such enquiries as he thinks fit, by written notice–

(a)           grant the permit on payment of the prescribed fee and subject to such conditions as he thinks fit; or

(b)           refuse to grant the permit and specify the ground of his refusal.

(3)           Every person who constructs a factory or a building appurtenant to a factory without a factory building permit issued under subsection (2) shall commit an offence.

68           Registration of factories


 (1)          No person shall operate a factory unless it is registered under this Act.

(2)           The Permanent Secretary shall keep a register of factories.

(3)           An application for the registration of a factory shall be in the form set out in the Fifteenth Schedule and shall, not less than 30 days before the operation of the factory, be submitted to the Permanent Secretary together with a layout plan of the factory and any other particulars as the Permanent Secretary may require.

(4)           Any person who wishes to renew a certificate of registration of a factory shall apply to the Permanent Secretary for the renewal not later than 30 days before the expiry of the certificate, in the form set out in the Fifteenth Schedule.

(5)           On receipt of an application under subsection (3) or (4), the Permanent Secretary shall, after making such enquiries as he thinks fit–

(a)           register the factory and issue a certificate of registration to the applicant or renew the certificate of registration, as the case may be, on payment of the prescribed fee and subject to such conditions as he thinks fit to impose; or

(b)           refuse to register the factory or to renew the certificate of registration and specify the ground of refusal.

(6)           Where an application for renewal of a certificate of registration is received outside the time limit specified in subsection (4), a surcharge of 50 per cent of the prescribed fee shall be payable.

(7)           A certificate of registration issued or renewed under subsection (5) shall be valid for a period not exceeding 12 months.

(8)           The employer shall cause the last issued certificate of registration to be at all times exhibited in a conspicuous place in the factory in respect of which such certificate is issued.

(9)           Any person who occupies or uses any premises as an unregistered factory shall commit an offence.

69           Cancellation of registration


 (1)          Where the Permanent Secretary is satisfied that a registered factory has ceased to operate or a certificate of registration has been obtained by fraud or misrepresentation, he may cancel the registration of the factory.

(2)           Where the Permanent Secretary is satisfied that there has been a contravention of any condition subject to which a certificate of registration has been issued in respect of any factory, he may, by giving to the employer not less than 30 days’ notice in writing to comply with the condition, cancel the certificate where the condition is not complied with.

70           Right of appeal


 (1)          Any person who is aggrieved by any decision of the Permanent Secretary under section 15, 67, 68 or 69, may, within 21 days of the notification of the decision or notice, as the case may be, appeal against the decision or notice to the Court.

(2)           Where an appeal is made under subsection (1) the decision of the Court shall be final.

71           Meaning of factory


 (1)          For the purposes of this Act, "factory"–

(a)           means any premises with machinery, on which, or within the precincts of which, persons are employed in the making, altering, repairing, cleaning, breaking up or adapting for sale of any article for the purpose of gain and over which the employer has the right of access or control; and

(b)           includes the following premises where persons are employed to perform manual labour

(i)            any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, repaired or broken up;

(ii)           any laundry or kitchen carried on as ancillary to another business or as an incidental to the purposes of any public institution;

(iii)          any premises in which the construction, reconstruction or repair of aircraft, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or commercial undertaking;

(iv)          any premises in which printing by letter press, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or as an incidental to another business so carried on;

(v)           any premises in which articles are made or prepared as an incidental to the carrying on of construction works, not being premises in which such works are being carried on;

(vi)          any premises where saline water is processed for extraction of salt;

(vii)         any premises in which persons are employed in or in connection with the generating of electrical energy for supply by way of trade;

(viii)        any cold storage room;

(ix)           any premises where tobacco leaf is cured or otherwise made ready for manufacture or is manufactured into tobacco in any form;

(x)            any limekiln where limestone is burnt to make lime;

(xi)           any premises where bread, biscuits or confectionery are baked by way of trade for purposes of gain; and

(xii)          any premises used for the storage of petroleum products.

(2)           Two or more factories may, with the approval in writing of the Permanent Secretary, be considered as a single factory where the circumstances reasonably justify such a course.

(3)           Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.


PART IX - OFFENCES, PENALTIES AND LEGAL PROCEEDINGS


72           Power of Court to make order

(1)           Where the Court is satisfied, or otherwise on compliant by the Permanent Secretary or an employee, that any premises which are or are intended to be used as a place of work are in such condition or are so constructed or placed that any process or work carried on therein, or intended to be carried on therein, cannot be so carried on with due regard to the safety, health and welfare of the employees, the Court may by order prohibit the use thereof for the purpose of that process or work, and in the case of premises which are intended for use as a place of work, the Court may make such an order if satisfied on complaint by the Permanent Secretary that the process or work cannot be carried on therein without contravention of this Act, and any such order may be revoked or varied on the application of the employer or owner of the premises.

(2)           Where the Court is satisfied, or otherwise on complaint by the Permanent Secretary or an employee, that the carrying on of any process or work may involve any risk or bodily injury, the Court may by order prohibit such process or work either indefinitely or until such steps have been taken as may be specified in that order, to enable the process or work to be carried on with due regard to the safety, health and welfare of the employees, and any such order may be revoked or varied on the application of the employer or owner of the premises.

(3)           On an application for the revocation or variation of an order under subsection (1) or (2), the Permanent Secretary shall be entitled to be heard if the order was made on a complaint by him.

73           Officer not to reveal trade secrets


No officer shall, otherwise than in the performance of his duties, reveal any manufacturing or commercial secret which may at any time come to his knowledge in the course of his duties.

74           Offences


 (1)          Any person who–

(a)           intentionally delays or obstructs the Permanent Secretary in the exercise of his powers or duties under this Act;

(b)           prevents or attempts to prevent any other person from appearing before the Permanent Secretary or from answering any question to which the Permanent Secretary may require an answer;

(c)           knowingly or recklessly makes a false statement–

(i)            in purported compliance with a requirement to furnish any information imposed by or under this Act; or

(ii)           for the purpose of obtaining the issue to himself or another person of a document under this Act;

(d)           intentionally makes a false entry in any register, book, notice or other document required to be kept, served or given under this Act, or, with intent to deceive, makes use of any such entry which he knows to be false;

(e)           with intent to deceive, forges or uses a document issued or authorised to be issued under this Act or makes or has in his possession a document so closely resembling any such document as to be calculated to deceive;

(f)            falsely pretends to be an officer;

(g)           obstructs any person in the exercise of his powers or duties under this Act;

(h)           contravenes–

(i)            an order made by the Court;

(ii)           a condition of a permit or certificate issued under this Act;

(iii)          a condition of an authority issued or approval given under this Act;

(iv)          a requirement or prohibition imposed by a prohibition order;

(v)           a requirement imposed or a specification, order or direction given by the Permanent Secretary under this Act; and

(vi)          any other provision of this Act, shall commit an offence.

(2)           Any person who commits an offence shall be liable–

(a)           in respect of an offence committed by him as an employee, to a fine not exceeding 1,000 rupees; and

(b)           in any other case, to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year.

(3)           The Court may, on the conviction of any person, where it thinks appropriate, in addition to inflicting a fine, make an order directing that person to comply with this Act within such time as may be fixed in the order. Where after the expiration of the time as originally specified or enlarged by subsequent order, the order is not complied with, that person shall be liable to a fine not exceeding 100 rupees for each day on which the non-compliance continues.

(4)           Without prejudice to the provisions of any other enactment, no prosecution shall be entered before the Court against an employee for any offence under this Act, except by the Director of Public Prosecutions or a person deputed by him.

(5)           Nothing in this Act shall authorise criminal proceedings to be instituted against the Crown.

75           Parts of buildings let off as places of work


 (1)          Where a part of a building is let off as a place of work, the owner of the building shall be responsible for any contravention of section 16, 17, 20, 22, 33, 34, 37, 38, 39, 40, 43, 51 or 53, only in so far as these provisions relate to matters within his control.

(2)           Where sanitary conveniences, washing facilities, facilities for the taking of meals or messrooms are used in common by several tenants, the owner of the building shall be responsible for their cleanliness.

76           Special provisions as to evidence


 (1)          Subject to subsection (2), where a person is found in a place of work at any time at which work is going on or the machinery is in motion, he shall, unless the contrary is proved, be deemed for the purposes of this Act to have been employed in the place of work.

(2)           Subsection (1) shall not apply to a place of work in which the only persons employed therein are members of the same family.

(3)           Where any entry is required by this Act to be made in a register by the employer or on his behalf, the register shall be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act has not been made, shall be admissible as evidence that that provision has not been observed.

(4)           No answer given by a person in pursuance of a requirement imposed under section 13(1)(f) shall be admissible in evidence against that person or the spouse of that person in any proceedings under this Act.

(5)           For the purposes of this Act, the expression "members of the same family" shall mean the occupier’s–

(a)           spouse;

(b)           child;

(c)           father or mother;

(d)           brother or sister;

(e)           any other relative,

where such person is wholly or partially maintained by, and dwell in the house of, the occupier.

(6)           In any proceedings for an offence under any provision of this Act consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use practicable means or to take practicable steps to do something, it shall be for the accused to prove that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means or step than was in fact used or taken to satisfy the duty or requirement, as the case may be.

77           Power of Court to modify agreements

Where by reason of an agreement between the owner and the occupier of the premises, the whole or any part of which has been let off as a place of work, the owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the provisions of this Act or in order to conform with any standard of requirement imposed by or under this Act, he may apply to the Court which, after hearing the parties and any witnesses whom they desire to call, may make such order setting aside or modifying the terms of the agreement or apportioning expenses of the alterations as it considers just and equitable in the circumstances of the case.

78           Power to direct formal investigation


 (1)          The Minister may, where he considers it expedient to do so, direct a formal investigation to be held into any accident or dangerous occurrence at any place of work.

(2)           The Minister may appoint such competent person to carry out the investigation, and on such terms and conditions as he may determine.

(3) Every person appointed under subsection (2) shall have for the purposes of the investigation all the powers of the Permanent Secretary under section 14.

PART X – MISCELLANEOUS


79           Publications

In any proceedings under this Act, any document, booklet or other publication purporting to be published by or under the authority of any organisation, institute or association whose standards have been approved and notified under section 4 shall, unless the contrary is proved, be deemed to have been published by the said organisation, institute or association and the matters appearing on or in such document, booklet or publication shall be admissible in evidence.

80           Regulations

(1)           The Minister may make such regulations as he thinks fit for the purposes of this Act and any such regulations may provide for the issue of permits and the taking of fees.

(2)           The Minister may by regulations amend any Schedule to this Act.

(3)           Where it appears to the Minister–

(a)           that in any place of work–

(i)            cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or

(ii)           by reason of changes in any process or in the substances used in any process, or by reason of the introduction of any new process or new substance for use in a process, there may be risk of bodily injury to
persons employed in that process; or

(iii)          young persons are or are about to be employed in work which may cause bodily injury; or

(b)           that there may be risk of bodily injury to persons employed in any place of work–

(i)            from any substance or material or plant brought to the place of work to be used or handled therein; or

(ii)           from any change in the conditions of work or other conditions in the place of work, he may make regulations requiring such reasonable arrangements to be made for the medical supervision including first-aid treatment and medical treatment of a preventive character and medical examinations of the persons, or any class of persons, employed in that place of work or class or description of places of work as may be specified in the regulations.

(4)           Where the Minister is satisfied that the provisions of section 29 cannot be complied with, he may, by regulations exempt certain classes of machinery or any part of such machinery, from the provisions of that section.

81           Protection of officers


No civil or criminal action shall lie against any officer or any other person in respect of anything done or ordered to be done in good faith under this Act.

82           Repeal


The following enactments are repealed–

(a)           The Boilers Act;

(b)           The Factories (Safety of Workers) Regulations 1942;

(c)           The Factories (Aloe Fibre) Regulations 1947;

(d)           The Factories (General Health Provisions) Regulations 1947;

(e)           The Labour (Temporary Housing and Sanitary Arrangements) Regulations 1948;

(f)            Sections 23, 24, 25(1), 25(2)(b) and (c), 43 to 47 and 57(2)(c) of the Labour Act;

(g)           Regulations 3 to 5 of, and Form A of the Schedule to, the Labour Regulations 1976;

(h)           Regulation 2 and Parts I to XII, XIV to XVII and XX of the Health, Safety and Welfare Regulations 1980;

(i)            The Health and Safety Officer (Diplomas and Experience) Regulations 1981.

83           [Spent]
84           [Spent]


FIRST SCHEDULE

(section 12(5))

 

Registered Safety and Health Officer minimum qualification

Australia

The Certificate in Safety Management of the Royal Melbourne Institute of Technology.

The Diploma in Occupational Health and Safety of the
National College of Industrial Hygiene.

The Certificate of the National Safety Council of
Australia.

The Diploma in Industrial Hygiene of the
National College of Industrial Hygiene.

Canada
The Certificate of the Industrial Accident Prevention Association.

The Certificate of the
British Columbia Safety Council.

France


"Le Certificat d’Etudes Spéciales de Médecine du Travail" of the University Paul Sabatier - Toulouse III

Le Diplome de l’Institut National de Securite.

Mauritius


The Diploma in Occupational Health and Safety of the
University of Mauritius.

New Zealand

The Certificate of the National Safety Association of New Zealand.

Switzerland

Le Diplome de la Societe Suisse des Contremaitres de Securite.

United Kingdom

The Corporate Membership Diploma of the Institution of Industrial Safety Officers.

The Certificate in Occupational Safety and Health of the
University of Aston in Birmingham.

The Diploma or Certificate in Safety Management of the British Safety Council.

The Corporate Membership Diploma of the Institution of Occupational Safety and Health of
Great Britain.

The Bachelor of Science in Occupational Hygiene of the Polytechnic of the South Bank,
London.

The Master of Science in Occupational Hygiene of the
University of Newcastle upon Tyne.

The International Diploma in Health and Safety Management of the British Safety Council.

The Diploma in Occupational Health and Safety Management of the
Nottingham Trent     University.


United States of America

The Licence of the Board of Certified Safety Professionals of the Americas.

The Advanced Safety Certificate of the National Safety Council.



SECOND SCHEDULE
 (section 15)

PROHIBITION ORDER
To….................................................................................................................................................
.

......................................................................................................................................................…

I….....................................................................................................................................................

of…...................................................................................................................................................

…............................................................................................................. Tel.No….........................

hereby give you notice that I am of the opinion that the following activities, namely:…................

..........................................................................................................................................................

..........................................................................................................................................................

which are being carried on by you/about to be carried on by you/under your control at….............

..........................................................................................................................................................

involve, or will involve a risk/an imminent risk, of serious bodily injury.

I am further of the opinion that the said matters involve contraventions of the following
statutory provisions:

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

because…..........................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

and I hereby direct that the said activities shall not be carried on by you or under you control
immediately/after

..........................................................................................................................................................

unless the said contraventions and matters have been remedied.

Date..............................................                                          .........................................................

                                                                                                                Permanent Secretary


THIRD SCHEDULE
 (section 28)

Brick and title presses.

Calendars.

Carding machines in use in the wool textile trades.

Corner staying machines.

Dough brakes.

Dough mixers.

Garment presses.

Gill boxes in use in the wool textile trades.

Guillotine machines.

Hydro-extractors.

Lifting machines.

Loose knife punching machines.

Machines used for opening or teasing in upholstery or bedding works.

Meat mincing machines.

Milling machines in use in the metal trades.

Pie and tart making machines.

Platen printing machines.

Power presses, including hydraulic and pneumatic presses.

Rubber mixing rolls used in rubber processing.

Semi-automatic wood turning lathes.

Softening and stripping machines used in fibre processing.

Steam boilers.

Washing machines.

Wire stitching machines.

Woodworking machines.

Worm pressure extruding machines.



 

 

 

FOURTH SCHEDULE
 (section 33)

REPORT OF EXAMINATION OF A CRANE OR LIFTING MACHINE


1              Name and address of owner or employer


2              Address of place of work


3              Description, make and number or mark of the crane or

                lifting machine        


4              Date of construction


5              Details of test or examination


6              Safe working load or loads as the case may be


7              Particulars of any defect found which affects the safety of

                the crane or lifting machine


8              Repairs (if any) required immediately


9              Repairs (if any) required within a specified time (which
                must be stated) for the continued safe use of the crane or
                lifting machine


10            Other observations


I certify that on…................................................... the crane or lifting machine described above
was made accessible for test and/or thorough examination, and that on the said date I tested and/or
thoroughly examined this crane or lifting machine, and that the above is a true report of the result of my
test and/or examination.

Signature of registered machinery inspector           : …..................................

Name       : …..................................

Address   : …..................................

                                …..................................

Date                        : …..................................




 

 

FIFTH SCHEDULE
 (section 34)
REPORT OF EXAMINATION OF A HOIST OR LIFT


1              Name and address of owner or employer


2              Address of place of work


3              Description and make of the hoist or lift


4              Date of construction


5              Name of person or company maintaining and servicing the
                hoist or lift


6              Maximum working load and in the case of a lift intended for
                carrying persons, or maximum number of persons and load
                which may safely be carried


7              Particulars of any defect found which affects the safety of
                the hoist or lift


8              Repairs (if any) required immediately


9              Repairs (if any) required within a specified time (which
                must be stated) for the continued safe use of the hoist or
lift


10            Condition of the safety devices required by section 34(7)


11            Other observations


I certify that on.......................................… the hoist or lift described above was made accessible
for examination, and that on the said date I thoroughly examined the hoist or lift and that the above is a
true report of the result of my observation.

Signature of registered machinery inspector           : …..................................

Name                       : …..................................

Address                   : …..................................

Date                                        : …..................................

 

 

 

 

 


SIXTH SCHEDULE
 (section 37)
REPORT OF EXAMINATION OF A STEAM BOILER
WHEN COLD AND WHEN UNDER STEAM PRESSURE


1              Name and address of owner or employer



2              Address of place of work



3              (a)            Description, type, and make of boiler

                (b)           Registration number of boiler


4              Date of construction


5              Date of last hydraulic test (if any) and pressure applied


6              Has the last previous report of examination been seen by     the examiner?


7              Quality and source of feed water


8              Is the boiler in the open or otherwise exposed to the             weather?



Part A: Examination of Boiler when Cold


9              Date of examination

10            Boiler

                (a)            What parts of seams, drums or headers are covered by brickwork?

                (b)           Date of last exposure of such parts for the purpose of examination

                (c)            What parts (if any) other than parts covered by    brickwork and mentioned above were
                inaccessible?

                (d)           What examination and tests were made?

                                (if there was any removal of brickwork, particulars should be given here)

                (e)            Condition of boiler– ) External:

State any defects materially affecting the maximum permissible working pressure.) Internal:


11            Fittings and attachments

                (a)            Are there proper fittings and attachments?

                (b)           Are all fittings and attachments in satisfactory      condition (so far as ascertainable when not under
                pressure)?

12            Repairs (if any) required, and period within which they should be carried out, and any other conditions which the person making the examination thinks it necessary to specify for securing safe working


13            Maximum permissible working pressure calculated from dimensions and from the thickness and other data
ascertained by the present examination; due allowance being made for conditions or working if unusual or exceptionally severe


14            Where repairs affecting the working pressure are required, state the maximum permissible working pressure:

(a)            Before the expiration of the period specified in 12

(b)           After the expiration of such period if the required repairs have not been completed

(c)            After the completion of the required repairs

15            Other observations


Part B: Examination of Boiler under Steam Pressure

16            Date of examination

17            Fittings and attachments

(a)            Is the safety valve so adjusted as to prevent the boiler being worked at a pressure greater than the
maximum permissible working pressure specified in the last report on examination when cold?

(b)           If a lever safety valve, is the weight secured on the lever in the correct position?

(c)            Is the pressure gauge working correctly?

(d)           Is the water gauge in proper working order?


18            Repairs (if any) required, and period within which they should be carried out and any other conditions which the person making the examination thinks it necessary to specify for securing safe working


19            Other observations


I certify that on… the boiler above described was sufficiently scaled, prepared, and (so far as its construction permits) made accessible for thorough examination, and that on the said date/s, I thoroughly examined this boiler, including its fittings and attachments and that the above is a true report of the result.
I authorise the use of the above described boiler from…........................................................to….....................................................................................................

Signature of the registered boiler inspector:            : …..................................

Name:      : …..................................
                                : …..................................


Address:  : …..................................
                                : …..................................


Date:       : …..................................


SEVENTH SCHEDULE
 (section 38)
REPORT OF THOROUGH EXAMINATION OF A STEAM RECEIVER


1              Name and address of owner or employer


2              Address of place of work



3              Description and make of steam receiver


4              Date of construction. Was the last previous report of
                examination seen by the examiner?



5              Receiver

(a)            (i)            What parts (if any) were inaccessible?

(ii)           What examination and tests were made?

(b)           (i)            Date of last hydraulic test?

(ii)           Pressure applied?

(c)            Condition of receiver? (external and internal)


6              Fitting

(a)            Are the required fittings and appliances provided in  accordance with the legal provisions?

(b)           Are all fittings and appliances properly maintained and in good condition?


7              Repairs (if any) required and period within which they should be carried out and any other condition which the examiner thinks it necessary to specify for securing safe working


8              Safe working pressure calculated from dimensions and from thickness and other data ascertained by the present examination (due allowance being made for the conditions of working if unusual or exceptionally severe).

                Where repairs affecting the safe working pressure are
                required, state the safe working pressure:

(a)            before the expiration of period specified in 7 above

(b)           after the expiration of such period if the required
repairs have not been completed

(c)            after the completion of the required repairs

9              Other observations


I certify that on…............. I thoroughly examined the steam receiver described above including its fittings and that the above is a true report of my examination.

Signature of registered boiler inspector   : …..................................

Name       : …..................................

Address   : …..................................

                …......................................................................................

Date        : …....................................................................................


EIGHTH SCHEDULE
 (section 39)
REPORT OF EXAMINATION OF AN AIR RECEIVER

Part I

1              Name and address of owner or employer


2              Address of place of work




3              Date of construction (if ascertainable). The history should   be briefly given, and the examiner should state whether he has seen the last previous report



4              Description and distinguishing mark of receiver and type


5              Fittings

(a)            Are the required fittings and appliances provided in accordance with section 39?

(b)           Are all fittings and appliances properly maintained and in good condition?


6              Repairs (if any) required and period within which they should be carried out and any other condition which the examiner thinks it necessary to specify for securing safe working


7              Safe working pressure calculated from dimensions and from thickness and other data ascertained by the present examination (due allowance being made for the conditions of      working if unusual or exceptionally severe).

                Where repairs affecting the safe working pressure are required, state the safe working pressure:

(a)            before the expiration of period specified in 6 above;

(b)           after the expiration of such period if the required repairs have not been completed; and

(c)            after the completion of the required repairs.


Part II


(Applicable to an air receiver which is not of solid drawn construction)

8              Condition of receiver:

                (State cleanliness of                ) External

                receiver and any      )

                defects materially    )

                affecting the safe     )

                working pressure)   ) Internal:


9              Results of examination under normal pressure


10            Other observations



Part III
(Applicable to an air receiver of solid drawn construction which cannot be examined internally)

11            Date of last previous hydraulic test and pressure applied


12            Receiver:

(a)            Hydraulic test pressure applied;

(b)           Result of hydraulic test; and

(c)            External condition (including cleanliness)


13            Other observations


I certify that on...............................................................

*(i)          the air receiver described in Parts I and III above, was made accessible for thorough examination and on the said date I thoroughly examined this receiver, including its fittings.

†(ii)         I examined the air receiver described in Parts I and II above, including its fittings and tested it hydraulically. and the above is a true report of the results of my examination and test/*examination.

Signature of registered machinery inspector           : …..................................

Name       : …..................................

Address   : …..................................

                …......................................................................................

Date        : …....................................................................................

Note

*Delete whichever is not applicable.

†The registered machinery inspector should fill in Part I and/or Part II as appropriate.


NINTH SCHEDULE
 (section 55)
LIST OF TOXIC SUBSTANCES

Alpha-naphthylamine (other than alpha-naphthylamine containing, as a by-product of a chemical reaction more than
and their salts one percent of beta-naphthylamine),

Ortho-tolidine

Dianisidine

Dichlorobenzidine  

Acrylonitrile

Arsenic and compounds

Asbestos

Auramine

Benzene

Beryllium dust or fume

Cadmium and compounds

Carbon disulphide

Carbon tetrachloride

Chloroform

Chromic acid

Lead when used in the process of manufacture of electric accumulators, the breaking up or sorting of dried plates from electric accumulators, or any other processes where lead may be present in such quantity and under such conditions as may be harmful to health

Magenta

Mercury and compounds

Methyl bromide

4,4 – Methylene bis – (2 – Chloroaniline)

Nickel and compounds

Paradichlorobenzene

Platinum salts

Sodium or potassium chromate

Sodium or potassium dichromate

Vinyl chloride monomer

Any substance which when absorbed may cause methaemoglobinaemia, and in particular, any compound to which one or more (-NHO2) or amino (-NH2) groups is directly attached to a benzenoid or aromatic ring system.

TENTH SCHEDULE
 (section 61)
PROCESSES IN WHICH EYE PROTECTORS OR SHIELDS SHOULD BE PROVIDED TO THE EMPLOYEES

1              The blasting or erosion of concrete by means of shot or other abrasive materials propelled by compressed air.

2              The cleaning of buildings or structures by means of shot or other abrasive materials propelled by compressed air.

3              Cleaning by means of high-pressure water jets.

4              The striking of masonry nails by means of a hammer or other hand tool or by means of a power driven portable tool.

5              Any work carried out with a hand-held cartridge operated tool, including the operation of loading and unloading live cartridges into such a tool, and the handling of such a tool for the purpose of maintenance, repair or examination when the tool is loaded with live cartridge.

6              The chipping of metal, and the chipping, knocking out, cutting out or cutting off of cold rivets, bolts, nuts, lugs, pins, collars, or similar articles from any structure or plant, or from any structure or plant, by means of a hammer, chisel, punch, or similar hand tool, or by means of a power driven portable tool.

7              The chipping or scurfing of paint, scale, slag, rust or other corrosion from the surface of metal and other hard materials by means of a hand tool or by means of a power driven portable tool or by applying articles of metal or such materials to a power driven tool.

8              The use of a high-speed metal cutting saw or an abrasive cutting-off wheel or disc, which in either case is power driven.

9              The pouring or skimming of molten metal in foundries.

10            The handling in open vessels or manipulation of acids, alkalis, dangerous corrosive materials, whether liquid or solid, and other substances which are similarly injurious to the eyes, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from drops splashed or particles thrown off.

11            The driving in or on of bolts, pins, collars or similar articles to any structure or plant or to part of any structure or plant by means of a hammer, chisel, punch or similar hand tool or by means of a power portable tool, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

12            Injection by pressure of liquids or solutions into buildings or structures or parts thereof where in the course of any such work there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from any such liquids or solutions.

13            The breaking up of metal by means of a hammer, whether power driven or not, or by means of a tup, where in either of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

14            The breaking, cutting, cutting into, dressing, carving or drilling by means of a power driven portable tool or by means of a hammer, chisel, pick or similar hand tool other than a trowel, of any of the following, that is to say–

(a)            glass, hard plastics, concrete, fired clay, plaster, slag or stone (whether natural or artificial);

(b)           materials similar to any of the foregoing;

(c)            articles consisting wholly or partly of any of the foregoing;

(d)           stonework, brickwork or blockwork;

(e)            bricks, tiles or blocks (except blocks made of wood);

where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

15            The use of compressed air for removing swarf, dust, dirt or other particles, where in the course of any such work there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

16            Work at a furnace containing molten metal, and the pouring or skimming of molten metal in places other than foundries, where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from molten metal.

17            Processes in foundries where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from hot sand thrown off.

18            The operation of coiling wire, and operations connected therewith, where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from particles or fragments thrown off or from flying ends of wire.

19            The cutting of wire or metal strapping under tension, where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from flying ends of wire or flying ends of metal strapping.

20            Work in the manufacture of glass and in the processing of glass and the handling of cullet, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

21            Any process involving the use of an exposed electric arc or an exposed stream of arc plasma.

22            The welding of metals by means of apparatus to which oxygen or any flammable gas or vapour is supplied under pressure.

23            The cutting, boring, cleaning, surface conditioning or spraying of material by means of apparatus (not being apparatus mechanically driven by compressed air) to which air, oxygen or any flammable gas or vapour is supplied under pressure excluding any such process elsewhere specified, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off or from intense light or other radiation.

24            Any process involving the use of an instrument which produces light amplification by the stimulated emission of radiation, being a process in which there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the process from radiation.

25            Truing or dressing of an abrasive wheel where in either of the foregoing cases there is reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

26            Work with drop hammers, power hammers, horizontal forging machines, and forging presses, other than hydraulic presses, used in any case for the manufacture of forgings.

27            The dry grinding of materials or articles by applying them by hand to a wheel, disc or band which in any such case is power driven or by means of a power driven portable tool, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.


28            The fettling of metal castings, involving the removal of metal, including runners, gates and risers, and the removal of any other material during the course of such fettling, where in any of the foregoing cases there is a reasonably foreseeable risk of injury to the eyes of any person engaged in the work from particles or fragments thrown off.

29            The machining of metals, including any dry grinding process not elsewhere specified, where there is a reasonably foreseeable risk of injury to the eyes of a person engaged in any such work from particles or fragments thrown off.

30            The welding of metals by an electric resistance process or a submerged electric arc, where there is a reasonably foreseeable risk of injury to the eyes of any person engaged in any such work from particles or fragments thrown off.



ELEVENTH SCHEDULE
 (section 63)

LIST OF INJURIES REQUIRING IMMEDIATE NOTIFICATION

1              Fracture of the skull, spine or pelvis.

2              Fracture of any bone–

(i)            in the arm or wrist, but not a bone in the hand; or

(ii)           in the leg or ankle, but not a bone in the foot.

3              Amputation of–

(i)            a hand or foot; or

(ii)           a finger, thumb or toe, or any part thereof if the joint or bone is completely severed.

4              The loss of sight of an eye, a penetrating injury to an eye, or a chemical or hot metal burn to an eye.

5              Either injury (including burns) requiring immediate medical treatment, or loss of consciousness, resulting in either case from an electric shock from any electrical circuit or equipment, whether or not due to direct contact.

6              Loss of consciousness resulting from lack of oxygen.

7              Decompression sickness.

8              Either acute illness requiring medical treatment, or loss of consciousness, resulting in either case from the absorption of any substance by inhalation, ingestion or through the skin.

9              Acute illness requiring medical treatment where there is reason to believe that this resulted from exposure to a pathogen or infected material.

10            Any other injury which results in the person injured being admitted into hospital for more than 24 hours.



TWELFTH SCHEDULE
 (section 63)
LIST OF DANGEROUS OCCURRENCES

1              The collapse of, the overturning of, or the failure of any load bearing part of–

(a)            any lift, hoist, crane, derrick or mobile powered access platform, but not any winch, teagle, pulley block, gin wheel, transporter or runway;

(b)           any excavator; or

(c)            any pile driving frame or rig having an overall height, when operating, of more than 7 metres.

2              Explosion, collapse or bursting of any closed vessel, including a boiler or boiler tube, in which the internal pressure was above or below atmospheric pressure, which might have been liable to cause the death of, or injury to any person, or which resulted in the stoppage of the plant involved for more than 24 hours.

3              Electrical short circuit or overload attended by fire or explosion which resulted in the stoppage of the plant involved for more than 24 hours and which, taking into account the circumstances of the occurrence, might have been liable to cause the death of, or injury to any person.

4              An explosion or fire occurring in any plant or place which resulted in the stoppage of that plant or suspension of normal work in that place for more than 24 hours, where such explosion or fire was due to the ignition of process materials, their by-products (including waste) or finished products.

5              The sudden, uncontrolled release of 500 kilogrammes or more of highly flammable liquid, flammable gas or flammable liquid above its boiling point from any system or plant or pipe-line.

6              A collapse or partial collapse of any scaffold which is more than 5 metres high which results in a substantial part of the scaffold falling or overturning; and where the scaffold is slung or suspended, a collapse or part collapse of the suspension arrangements (including any outrigger) which causes a working platform or cradle to fall more than 5 metres.

7              Any unintended collapse or partial collapse of–

(a)            any building or structure under construction, reconstruction, alteration or demolition, or of any false-work, involving a fall of more than 5 tonnes of materials; or

(b)           any floor or wall of any building being used as a place of work, not being a building under construction, reconstruction, alteration or demolition.

8              Either of the following incidents in relation to a pipe-line–

(a)            the bursting, explosion or collapse of a pipe-line or any part thereof; or

(b)           the unintentional ignition of anything in a pipe-line, or of anything which immediately before it was ignited was in a pipe-line.

9              Any incident in which plant or equipment either comes into contact with an uninsulated overhead electric line in which the voltage exceeds 200 volts, or causes an electrical discharge from such an electric line by coming into close proximity to it, unless in either case the incident was intentional.

 

THIRTEENTH SCHEDULE
 (section 63)
FORM OF NOTIFICATION OF ACCIDENT OR DANGEROUS OCCURRENCE

1              Name and address of employer:…...........................................................................................


                ..................................................................................................................................................


2              Place of work and side of accident:…......................................................................................

3              Nature of business:…...............................................................................................................

4              Date and time of accident or dangerous occurrence:….............................................................

                ..................................................................................................................................................

5              Name and address of injured person:…...................................................................................

                .................................................................................................................................................

6              Sex
…............................... Age….............................. Occupation…........................................

7              Kind of work being performed at time of accident..................................................................

                .................................................................................................................................................

                .................................................................................................................................................

8              Particulars of injury (whether fatal):…...................................................................................

                .................................................................................................................................................

9              Cause and particulars of the accident or dangerous occurrence:..............................................

                .................................................................................................................................................

10            Reasons for the accident or dangerous occurrence:…..............................................................

                .................................................................................................................................................

                .................................................................................................................................................

11            Names of witnesses, if any:….................................................................................................

               
                .................................................................................................................................................

12            Any further particulars:….......................................................................................................

               
                .................................................................................................................................................

I certify that to the best of my knowledge, the information given above is correct.

Date….....................................................               Name:…..........................................................

                                Signature:….....................................................

                                Status:…..........................................................



FOURTEENTH SCHEDULE
 (section 64)
LIST OF NOTIFIABLE INDUSTRIAL DISEASES

1              Poisoning

(a)            Arsenic or one of its compounds.

(b)           Benzene or a homologue of benzene.

(c)            Beryllium or one of its compounds.

(d)           Cadmium or one of its compounds.

(e)            Carbon disulphide.

(f)            Lead or one of its compounds.

(g)            Manganese or one of its compounds.

(h)           Mercury or one of its compounds.

(i)            Methyl bromide.

(j)            Nitrochlorobenzene, or a nitro-or amino-or chloro-derivative of benzene or of a homologue of benzene.

(k)           Oxides of nitrogen.

(l)            Phosphorous or one of its compounds.

2              Skin diseases

(a)            Chrome ulceration of the nose or throat or skin of the hand or forearm.

(b)           Folliculitis, acne or skin cancer resulting from work involving exposure to mineral oil, tar, pitch or arsenic.

(c)            Inflammation, ulceration or malignant disease of the skin resulting from work with ionising radiation.

3              Lung diseases

(a)            Occupational asthma.

(b)           Extrinsic alveolitis.

(c)            Pneumoconiosis including silicosis.

(d)           Mesothelioma, lung cancer or asbestosis resulting from work with asbestos or any admixture of asbestos.

(e)            Byssinosis.

(f)            Bagassosis.

4              Infections

(a)            Leptospirosis.

(b)           Anthrax.

(c)            Brucellosis.

5              Other conditions

(a)            Heat cataract.

(b)           Decompression sickness.

(c)            Cancer of the nasal cavity or associated air sinuses.

(d)           Angiosarcoma of the liver resulting from work with vinyl chloride monomer.

(e)            Cancer of the urinary tract.

(f)            Vibration white finger.

(g)            Occupational deafness.

(h)           Toxic anaemia.

(i)            Toxic jaundice.

 

 

 

 

 

 

 

 

FIFTEENTH SCHEDULE
 (section 68)
APPLICATION FOR THE REGISTRATION OF A FACTORY

 

I…................................................................ on behalf of….............................................................

.............................................................................................. hereby apply for registration/renewal of certificate of registration to operate a factory as from…............................................ and particularised as hereinunder:

1              (a)            Name of employer…........................................................................................................

                (b)           Address of employer….............................................. Tel.No.….................................

                (c)            Registered office or principal place of business of company, societe or corporate

 

body….....................................................................................................................................


                ..................................................................................................................................................

2              Address of the factory….........................................................................................................

3              Nature of the process or manufacture carried or intended to be carried on at the factory…...


                ..................................................................................................................................................

4              Number of employees:

                Male…................................................... Female…............................................................

                Young persons (Male)..........…............... (Female)….......................... Total…......................

5              State number and particulars of welfare facilities:

                (a)            Sanitary conveniences for male employees ….................................................................female

 

employees …..................................................................

                (b)           Washing facilities ….........................................................................................................

                (c)            Messroom or facilities for the taking of meals….............................................................

                (d)           Accommodation for clothing or changing room…............................................................

6              (a)            Total power used or generated by machinery installed in the factory….........................

                (b)           Responsible person in general charge of all machinery:

(i)            Name…
                .......................................................................................................................

(ii)           Address…
                ...................................................................................................................

(iii)Qualifications….........................................................................................................
.

7              This paragraph applies to every employer of more than 100 persons or as directed by the                 Permanent Secretary–

(a)            (i)            Name of person responsible for safety, health and welfare at the place of work..

(ii)           Position held…...........................................................................................................

(b)           (i)            Name of registered safety and health officer…..........................................................

(ii)           Private address….......................................................................................................

8              List any machinery or equipment which are used or intended to be used in the factory:–

                                Number in use

                (a)            Steam Boiler            ........................................................

                (b)           Steam Receiver        ........................................................

                (c)            Air Receiver            ........................................................

                (d)           Hoist and Lift         ........................................................

                (e)            Crane and other lifting machine              ........................................................

                (f)            Woodworking machine           ........................................................

                (g)            Refrigeration plant  ........................................................

                (h)           Other machines       ........................................................

9              State whether toxic or flammable substances are used, manufactured or likely to be formed
                in the course of any process …...............................................................................................

If yes, give the names and quantities of these substances ...............................................................

                .................................................................................................................................................

                .................................................................................................................................................

                .................................................................................................................................................

10            State whether the factory building is new ...............................................................................

Signature of applicant             : .......................................................

Name       : .......................................................

Status      :........................................................

Date        : .......................................................

FOR OFFICE USE ONLY
I
The application is–

(a)*          approved with/*without conditions for period .......................................................................

                to .............................................................................................................................................

(b)*         Not approved

Date: ......................................................                                               ............................................................

Chief Factory Inspector


*Delete whichever is not applicable.


II                             III


                                                                Rs cs      

Registration Fee:                     ........................       
Factory Building Permit Fee: Rs..............

Surcharge (50%)                      ........................                        (already paid)

                                                                                Certificate No.        :................................

TOTAL:                                                 Date of issue           :................................

                                                                                Receipt No              :................................

File No    : ......................................................

Certificate No         : ......................................................

Date of issue           : ......................................................

Date of expiry         : ......................................................

Receipt No.             : ......................................................

.....................................................................
                ..........................................................

Signature of Issuing Officer                                                    for Chief Factory Inspector

Date :      ........................................                                        Date : …...............................................