WORK PLACES (HEALTH, SAFETY AND WELFARE) REGULATIONS *

WORK PLACES (HEALTH, SAFETY AND WELFARE)

SUBSIDIARY LEGISLATION 424.09

WORK PLACES (HEALTH, SAFETY AND WELFARE)

REGULATIONS *

9th February, 1987

LEGAL NOTICE 52 of 1986, as amended by Legal Notices 22 and 71 of 1996; Act XXVII of

2000; and Legal Notices 44 of 2002, 35, 36 and 121 of 2003, and 293 of 2016 and Act XXXIII

of 2024.

The title of these regulations is the Work Places (Health,

Safety and Welfare) Regulations.

(1)

In these regulations, unless the context otherwise

requires -

"Act" means the Health and Safety at Work Act;

"Director" means the Director of Labour;

"employer" has the same meaning as "occupier";

"fumes" includes gas or vapour;

"maintained" means kept in an efficient state, in efficient

working order, and in good repair;

"occupier" and "employer" mean any of the persons mentioned in

the definition of "employer" in article 2 of the Act;

"officer" means an officer appointed under article 15(1) of the

Act;

"plant" includes any machinery, equipment or appliance;

"premises" includes any place and also includes in particular any

vehicle, vessel, tent or movable structure;

"Sanitary Authority" includes the Superintendent, a Principal

Medical Officer, a Senior Medical Officer, a Medical Officer of

Health, an Occupational Health Officer, an Occupational Hygiene

Officer, a Health Inspector and any other officer of the Department

of Health duly authorised in writing by the Superintendent to

ensure the observance of the provisions of the regulations relating

to the welfare and health as well as the prevention and control

occupational diseases;

"sanitary convenience" includes urinals, water closets, earth

closets, privies, ashpits and any similar convenience;

"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;

"Superintendent" means the Superintendent of Public Health;

"underground room" means room which is in whole or in part

situated in such manner that at least half its height, measured from

the floor to the ceiling, is below the surface of the ground adjoining

or nearest to the room;

"woman" means a female who has attained the age of eighteen

years;

"work place" has the same meaning as is assigned to it in article

2 of the Act;

"young person" means a person who has not yet attained the age

of eighteen years.

(2) In these regulations, words and expressions defined in the

Act shall have the same meaning as they have in these regulations,

and the provisions of these regulations shall be read and construed

in conjunction with the said Act.

PART I

SAFETY

General Provisions

(Revoked by Legal Notice 293 of 2016).

(Revoked by Legal Notice 293 of 2016).

(Revoked by Legal Notice 293 of 2016).

(Revoked by Legal Notice 293 of 2016).

(Revoked by Legal Notice 293 of 2016).

(Revoked by Legal Notice 293 of 2016).

(1) Every teagle opening or similar doorway used for

hoisting or lowering goods or materials, whether by mechanical

power or otherwise, shall be securely fenced and shall be provided

with a secure hand-hold on each side.

(2) The fencing shall be properly maintained and shall, except

when the hoisting or lowering of goods or materials is being carried

on at the opening or doorway, be kept in position.

(Revoked by Legal Notice 293 of 2016).

(Revoked by Legal Notice 293 of 2016).

(Revoked by Legal Notice 293 of 2016).

(1) The provisions of this regulation shall have effect

where work in any work place has to be done inside any chamber,

tank, vat, pit, pipe or flue of 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 not be less than

45cm. long and 40cm wide, or if circular not less than 45cm in

diameter.

(3) Subject to subregulation (4), no person shall be allowed to

enter or remain in the confined space for any purpose unless he is

wearing a suitable breathing apparatus and has been authorised to

enter by a responsible person, and, where practicable, he 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

responsible person as being, for a specified period, safe for entry

without breathing apparatus and the period so specified has not

expired, subregulation (3) shall not apply, but no person shall be

allowed to 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 subregulation

(4) unless -

(a) effective steps have been taken to prevent any ingress

of dangerous fumes; and

(b) any sludge or deposit liable to give off dangerous

fumes has been removed and the space contains no

other material liable to give off dangerous fumes; and

(c) the space has been adequately ventilated and tested for

dangerous fumes and has a supply of air adequate for

respiration.

(6) No person shall be allowed to enter or remain in any

confined space in which the proportion of oxygen in the air is liable

to have been substantially reduced unless either -

(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.

(1) Where, in connection with any process giving rise to

dust, gas, vapour or substance, there may escape dust, gas or

vapour of such character and to such an extent as to be liable to

explode on ignition, all practicable steps shall be taken to prevent

each an explosion by enclosure of the plant used in the process and

by removal or prevention of accumulation of any dust, gas, vapour

or substance that may escape in spite of the enclosure, and by the

exclusion or effective enclosure of possible sources of ignition.

(2) No plant, tank or vessel which contains or has contained

any explosive or inflammable substances shall be subjected -

(a) to any welding, brazing or soldering operations;

(b) to any cutting operation which involves the application

of heat; or

(c) to 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-inflammable.

PART II

HEALTH, SAFETY AND WELFARE

Special Provisions

No person may, without the approval of the

Superintendent, employ or suffer to be employed any woman in, or

expose any woman to

(a) work at a furnace where the reduction or treatment of

zinc or lead ores is carried on;

(b) the manipulation, treatment or reduction of ashes

containing lead, or the melting of scrap lead or zinc;

(c) the manufacture of solder or alloys containing more

than ten per cent of lead;

(d) mixing or pasting in connection with the manufacture

or repair of electric accumulators;

(e) the cleaning of workrooms where any of the processes

aforesaid are carried on; and

(f)

any process involving occupational exposure to

ionising or non-ionising radiation.

PART III

PREVENTION AND CONTROL OF OCCUPATIONAL DISEASE

(1) No person may import or sell any chemical or

material which is toxic, and no employer may use or suffer to be

used any such chemical or material in any work place under his

charge, without in either case the approval of the Superintendent.

(2) In granting such approval as referred to in subregulation

(1), the Superintendent may impose any conditions as he may deem

fit in the interest of public health.

(1) It shall be the duty of the employer in so far as is

reasonably practicable or possible, or when so directed by the

Sanitary Authority, to substitute a harmful substance, process or

technique at a place of work by a less harmful substance, process or

technique.

(2) Without prejudice to the generality of subregulation (1), the

following rules shall apply

(a) sandstone grinding wheels shall be substituted by

carbonrundum grinding wheels;

(b) benzene, unless authorised by the Superintendent,

shall be substituted by a less toxic solvent;

(c) paints, varnishes, mastics, glues, adhesives and inks

shall not contain benzene;

(d) white lead and sulphate of lead and products

containing these pigments or other lead compounds

shall not be used in the internal paintings of buildings

or of articles in buildings, if the dry film of the

resulting paint will contain more than 2500 parts per

one million parts of metallic lead;

(e) white or yellow phosphorus shall not be used in the

manufacture of matches;

(f)

sand in sand-blasting shall be substituted by steel-shot

or grit;

(g) polychlorinated biphenyls shall not be used or added

to any oil, fluid or material.

(1) It shall be the duty of the employer to make

arrangements when so considered necessary by the Sanitary

Authority and to the satisfaction of the said Authority, so that the

atmosphere of work-rooms in which potentially dangerous or

obnoxious substances are manufactured, handled or used, is tested

periodically.

(2) Such tests are to be carried out at sufficiently frequent

intervals to ensure that toxic or irritating dusts, fumes, gases,

fibres, mists or vapours are not present in quantities which, in the

opinion of the Sanitary Authority, are liable to injure health, and to

ensure that an atmosphere which is fit for respiration is maintained.

(3) Work in, or entry into any place where there is reason to

suspect that the atmosphere is toxic, poisonous, asphyxiating or

otherwise dangerous to health, shall not be carried out until the

atmosphere is suitably tested and found free from any danger to

health.

(4) The employer shall likewise ensure periodical testing of the

working environment where a potential hazard exists for heat, noise

and other physical agents.

(5) All tests referred to in this regulation shall be conducted by

trained personnel and, where possible, supervised by qualified

personnel who possess experience in occupational health or

hygiene.

(1) It shall be the duty of the employer to ensure that

provisions are made for the storage under safe conditions of

substances dangerous to health.

(2) Without prejudice to the generality of this regulation such

provisions should include the use of receptacles adequate to the

storage of the dangerous substance, the safe storage of receptacles,

their proper labelling with a danger symbol, their proper handling

and where necessary an indication of the nature of the risk, the

name of the substance or an indication to identify it and, as far as

practicable, the essential instructions giving details of the first aid

that should be administered if the substance should cause bodily

harm or injury.

(3) Where any risk from gases exists, cylinders containing such

gases should be stored in well ventilated places as far as possible

from the place of work.

It shall be the duty of the employer to inform forthwith the

Superintendent of the occurrence in any of his employees of any

occupational disease or incidence as are required to be notified by a

medical practitioner under the Health Care Professions Act.

PART IV

GENERAL DUTIES

(1) It shall be the duty of any person who designs,

manufactures, imports or supplies any article for use at work -

(a) to 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 properly used; and

(b) to take such steps as are necessary to secure that there

shall be available in connection with the use of the

article at work adequate information about the use for

which it is designed and has been tested, and about any

condition necessary to ensure that, when put to that

use, it will be safe and without risks to health.

(2) It shall be the duty of any person who manufactures,

imports or supplies any substance for use at work -

(a) to ensure, so far as is reasonably practicable, that the

substance is safe and without risks to health when

properly used; and

(b) to take such steps as are necessary to ensure that there

will be available in connection with the use of the

substance at work, adequate information about the

results of any relevant tests which have been carried

out on or in connection with the substance and about

any condition necessary to ensure that it will be safe

and without risks to health when properly used.

(3) For the purposes of this regulation an article or substance

shall not be regarded as properly used if it is used without regard to

any relevant information or advice relating to its use which has

been made available by a person by whom it was designed,

manufactured, imported or supplied.

PART V

NOTIFICATION OF ACCIDENTS

(1) For the purposes of these regulations any accident

arising out of or in connection with work which results either -

(a) in the death of or a major injury to any person; or

(b) in the case of an employee at work, in that employee

being incapacitated for work for more than three

consecutive days, excluding those days on which he is

not expected to report for work;

shall be a notifiable accident and as such shall be reported to the

Director.

(2)

(a) Where the notifiable accident results in the death or a

major injury to a person, the employer shall -

(i)

notify

forthwith

the

Director

or

his

representative by the quickest practicable

means; and

(ii) within seven days from the date of the accident

send written notice of the accident to the

Director; and

(b) where the notifiable accident falls under subregulation

(1)(b), the employer shall inform the Director in

writing or by other suitable means, within seven days

from the date of the accident.

(3)

In this regulation "major injury" means -

(i) fracture of the skull, spine or pelvis;

(ii) fracture of any bone other than the wrist or

ankle;

(iii) amputation of a hand or foot;

(iv) the loss of sight of an eye; or

(v) any other injury which results in the person

injured being detained in hospital for more than

twenty-fours hours other than for observation.

PART VI

NOTICES AND REGISTERS

There shall be kept in every work place or in such place

outside the work place as may be approved by the Director and

Superintendent a register, called the general register, and there

shall be entered in or attached to that register

(a) the prescribed particulars as to every case of industrial

accident and industrial disease occurring at the work

place of which notice is required to be sent to the

Director and the Superintendent; and

(b) all reports and particulars requested by any other

provision of these regulations; and

(c) such matters as may be prescribed.

The general register and every other register or record kept

in pursuance of these regulations shall be preserved and shall be

kept available for inspection by any officer for two years after the

date of the last entry in the register or record.

PART VII

ENFORCEMENT

(1) Every employer shall give to officers all reasonable

facilities and all such information they may require for the purpose

of ascertaining whether the provisions of the Act and the

regulations operative by virtue of the Act are being complied with.

(2) For the purpose of carrying into effect any of these

regulations an officer may exercise the powers set out below

(a) to take with him a member of the Police force to

ensure the execution of his duty;

(b) to take measurements, photographs or recordings as he

considers necessary for the purpose of any

examination or investigation;

(c) to take samples of any article or substance found in the

workplace or within its curtilage or outside in its

vicinity for the purposes of the Act and ensure that

they are available for use as evidence in any

proceedings taken by virtue of the provisions of the

Act;

(d) to inspect any book or document in possession of the

employer the keeping of which is prescribed by the act

or by any regulations made thereunder or any other

book or document held by the employer and inspection

of which is required for the investigation of issues

relating to health and safety at that place of work; and

(e) for the purposes of a prosecution for any offence under

the Act, to disclose to the court such results or

information he receives or collects during the course

of his investigations.

(3) No person shall molest or disturb officers in the

performance of their duties or provide them with misleading

information or break or tamper with any seal or with any

monitoring equipment installed, put up or left by them in a place of

work or on a worker in the case of personal monitoring equipment.

Every officer shall be furnished by the Director with a

certificate of appointment, and shall, if so required when exercising

or se e ki n g t o e x e r c i s e a ny po we r c on f e r r e d o n h i m b y a ny

provisions of these regulations, produce this certificate or a duly

authenticated copy thereof.

PART VIII

OFFENCES AND PENALTIES

In any proceedings for an offence under these regulations

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 the best practicable means to do something, it

shall be for the accused to prove (as the case may be) 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 than was in fact used to satisfy the duty or

requirement.

(1) In the event of a contravention by any person of any of

these regulations which expressly imposes any duty upon him, that

person shall be guilty of an offence and the owner or the person in

whose name the work place is carried on, as the case may be, shall

not be guilty of an offence unless it is proved that he failed to take

all reasonable steps to prevent the contravention.

(2) Where an offence under these regulations is committed by a

body or other association of persons, every person who, at the time

of the commission of the offence, was a director, manager,

secretary or other similar officer of such body or association, or

was purporting to act in any such capacity, shall be guilty of that

offence unless he proves that the offence was committed without

his knowledge and that he exercised all due diligence to prevent the

commission of the offence.