197 tal-1995

L. N. 197 of 1995

OCCUPATIONAl.. HEAL TB AND SAFETY

(PROMOTION) ACT , 1994

(ACT No. VII OF 1994)

Occupatio nal Health a nd Sarety (Ju dicial Committee)

(Procedure) Regulations, 1995

IN exen:ise of the powers conferred by sections 6 an.d 16 of the

Occupational Health and Safety (PromO(ion) Act. the Minister of

Educat ion and Human Resoun:es. in consultation with the Commission

for the Promotion of Occupational Health and Safety. has made the

follow ing regulations:-

I. These reguJati ons may be cited as the Occupational Heal th

and Safety (Judicial Committee) (Procedure) Regulations. 1995.

In tnese regulations. unless the context otherwise requires -

"Act" means the Occupational Health and Safety (Promotion)

Act, 1994;

'"Commission" means the Com mission for the Promotion of

Occupational Health and Safety established by section 3 of the

Act

··inspector" means an inspector appointed under section 10

of the Act, from whose orders an appeal may be made to the

Commission

"Judicial Committee" means the Judicial Committee

established by section 5 of the Act;

"members of the Jud icial Committee'· means such members

of the Commission as are appointed on the Judicial Committee in

terms of subsection (2) of section 5 of the Act.

( I) All appeals made to the Commission shall be mnde in

writing and addressed to the President of the Commission through the

Secretary of the Commission at the offices of the Commission.

(2)

The person mak in g the appeal s hall state the grounds

on which the appeal is made and shall give the names Md addresses of

any person he in lends 10 produce as witnesses and an indication of the

proof he intcnds making by the production of each wilness.

(3) The offices of the Comm ission shall be at number 120,

Saim Ursola Street. Vall elta.

( 1) On receipt of an appeal, the Sec,etary of the Commission Nocir ... ;." of

shall advise the President of the Commission who shall fix a date for he .. i",.

Ihe hearing.

(2) The Pres ident shall direct the Secretary to advise the

members of the Judicial Commi tlee , the Secretary of the Com mittee.

the person mak ing the appeal and the Di re<:lor of Labour of the date

fixed for the hearing .

(3) On receivi ng directives from the Preside nt of the

Commissio n, the Secretary of the Jud icial Comm ittee shall also tran smit

a copy of the appeal re<:eived by him to the Director of Labour, the

members of the Judicia] Committee and the Secretary of the Judicial

Committee.

Where any member appointed by the Commission to sit on

the Judici al Comminee considers that there are sufficient ground s to

preclude him from hearing any particu lar appeal . or where any o f the

parties otijects to his hearing of tile case. tile member of tile Jud icial

Committee shall infonn the President of the Commissioll, statillg the

grounds on.which he considers that he should be reli e ved from hearing

the appeal, o r the grounds of objection agaillst him . as the case may be .

The Presidcllt of thc Comm ission shall th en give his decision on the

matter.

The Director of Labour may in tenns of subsecti on (4) of !n"''"'Vllionb)'

section 13 ofthe Act intervene in any appeal. If and when he intends to ~~ of

in tervene. the Directo r s hall advise the SC{: re tary of the Judicial

Committee in writing, and ifhe intends to produce persons as witnesses,

he shall submit to the Secretary of the Jud ic ial Committee a list of such

persons. A copy of any submissions in writing by the Director and a

copy of any list of persons he asks to be produced as witnesses shall be

served by the Secretary of the Judicial Committee on the person making

the appeal.

No person , whose name has not been included in the list of Prod....", of

witnesses , ma y be prod uced to give evidence unless the Jud ic ia l

Committee is sati sfied that the omission of the name of such witness is

justified on the grounds that the perso n asking to produce such witness

did not know of such evidence on the <tale of the filing o f the appeal or

that the need to produce such evidence arose after the filing of the appeal.

or for any other reason to the satisfaction of the Judicial Committee.

( I ) Subject to the provisions of the Act an d of these

regulations. the Jud icial Committee shall regulate its own procedure in

such manner as to ensure that the appeal is given a fair hearing. The

person making the appeal shall open the case and the inspector who

had taken the decision from which the appeal is made shall have the

right of reply. If the Director of Labour decides to intervene in an appeal ,

the person making the appeal shall have the right to comment upon the

submissions made by the DireclOr.

(2) The case for any pany shall be presented by the party

itself. which may however choose to be represented or aided by a person

o f its trust.

Summonses requiring the attendance of witnesses shall be

signed by the President of the Judici al Commillee.

( I) The sittings of the Judicial Committee shall be held at

the Offices of the Commission as referred to in paragraph (3) of

regulation 3 of these regulations, unless the Judicial Committee decides

to hold any of its sittings elsewhere.

(2) Siuings shall be held in public. except where the

provisions of subsection (3)of section 15 of the Act require that a hearing

be held behind closed doors.

11 . The decisions of the Judicial Committee shall be in writing

an d they shall be read out in public .

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