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The osh act, looking at the way forward   mrs arlene john-seow
 

The osh act, looking at the way forward mrs arlene john-seow

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    The osh act, looking at the way forward   mrs arlene john-seow The osh act, looking at the way forward mrs arlene john-seow Presentation Transcript

    • THE LEGAL FRAMEWORKOF OCCUPATIONALDISEASES UNDER THEOCCUPATIONAL SAFETYAND HEALTH ACT CHAPTER88:08The Legal Perspective of Occupational Diseases
    • PETER RAMKISSOONACTING STATE COUNSEL IIMINISTRY OF HEALTHThe Legal Perspective of Occupational Diseases
    • PART VIIINOTIFICATION ANDINVESTIGATION OF ACCIDENTSAND OCCUPATIONAL DISEASES
    • Section 48(1) Where a medical practitioner who, havingattended to a patient, forms the opinion that thepatient is suffering from an occupational diseasecontracted in any industrial establishment or in thecourse of his employment, he shall within forty-eight hours of having formed that opinion send tothe Chief Medical Officer a notice stating thedisease from which the medical practitioner is ofthe opinion that the patient is suffering and theindustrial establishment in which the patient is andwas last employed.
    • Section 48(3) If an employer is advised byor on behalf of an employee thatthe employee suffers from adisease referred to in Schedule1, he shall give notice in writingto the Chief Inspector within fourdays of being so advised.
    • Section 48(4) Where a notice is sent to the ChiefInspector under this section, he shallarrange, within two weeks of havingreceived the notice, for a medicalinspector to investigate and submit tohim a report on the case ofoccupational disease referred to inthe notice within two weeks.
    • Section 48(5) The ChiefInspector, upon receivingthe report referred to insubsection (4), shall conductthe necessary enquiries.
    • Section 48(6) Every employer whocontravenes subsection (3)commits an offence and is liableon summary conviction to a fineof five thousand dollars and toimprisonment for three months.
    • Section 48(7) Every medical practitioner who contravenessubsection (1) commits an offence and isliable, on summary conviction, to a fine of fivethousand dollars, and to imprisonment for threemonths if it is proven that he ought reasonablyto have formed the opinion that the patient wassuffering from an occupational diseasecontracted in an industrial establishment or inthe course of his employment.
    • Schedule IList of Occupational Diseases….2. Disease by Target Organ Systems2.1.1 Occupational respiratory diseases….2.1.8 Diseases of the lung caused byaluminum
    • Section 48(2) The Chief MedicalOfficer shall send forthwithto the Chief Inspector anynotice that he receivesunder subsection (1).
    • Section 49Where a District Medical Officer has reason tobelieve that a death is caused by an accident inan industrial establishment or in the course ofemployment or by occupational disease, heshall arrange for an autopsy to be conducted inrespect of such death and shall forward, withintwenty-one days of the death, a copy of theresults of the autopsy to the Chief MedicalOfficer, who shall forward forthwith to the ChiefInspector a statement as to the cause of death.
    • Section 50(1) Where a coroner holds an inquest onthe body of a person whose death mayhave been caused by accident or diseaseof which notice is required by this Act tobe given, the coroner shall, at least forty-eight hours before holding aninquest, send to the Chief Inspector anotice in writing of the time and place ofholding the inquest.
    • Section 50(2) Where an inspector is not present to witnessthe proceedings of an inquest, the coroner mayadjourn the inquest and shall, at least four daysbefore holding the adjourned inquest, send tothe Chief Inspector notice in writing of the timeand place of holding the adjourned inquest, butthe coroner may, before the adjournment, takeevidence to identify the body and order theinterment thereof.
    • Section 50(3) Subject to the power of the coroner at an inquestreferred to in this section to disallow a question, which inhis opinion is not relevant, or is otherwise not a properquestion, the following persons shall be entitled toexamine a witness either in person or through anAttorney-at-law or an agent:(a) an inspector;(b) a relative of the person in respect of whose death theinquest is being held;(c) the employer of the person in respect of whose deaththe inquest is being held;
    • Section 50(3) Subject to the power of the coroner at an inquest referred to inthis section to disallow a question, which in his opinion is notrelevant, or is otherwise not a proper question, the followingpersons shall be entitled to examine a witness either in person orthrough an Attorney-at-law or an agent:(d) the occupier of the industrial establishment in which theaccident occurred or the disease is alleged to have beencontracted;(e) a person appointed in writing by—(i) a trade union, friendly society or other association towhich the deceased at the time of his deathbelonged; and(ii) an association of employers of which the occupier oremployer is a member.
    • Section 50(4) Where at an inquest at which an inspector is notpresent, evidence is given of neglect as havingcaused or contributed to the accident or disease, orof a defect in or about the industrial establishmentappearing to the coroner to require a remedy, thecoroner shall send to the Chief Inspector notice inwriting of the neglect or defect, as the case may be.(5) In this section, “inspector” includes a medicalinspector.
    • Section 48(1) Where a medical practitioner who, havingattended to a patient, forms the opinion that thepatient is suffering from an occupational diseasecontracted in any industrial establishment or in thecourse of his employment, he shall within forty-eight hours of having formed that opinion send tothe Chief Medical Officer a notice stating thedisease from which the medical practitioner is ofthe opinion that the patient is suffering and theindustrial establishment in which the patient is andwas last employed.
    • Section 51Where the Minister is of the opinion that anyaccident occurring or any case of occupationaldisease contracted or suspected to have beencontracted in an industrial establishment is amatter of public interest, he may so advise thePresident who may cause an enquiry to beheld, in accordance with the Commissions ofEnquiry Act, into such accident or case ofindustrial disease and its causes andcircumstances.
    • Section 51Where the Minister is of the opinion that anyaccident occurring or any case of occupationaldisease contracted or suspected to have beencontracted in an industrial establishment is amatter of public interest, he may so advise thePresident who may cause an enquiry to beheld, in accordance with the Commissions ofEnquiry Act, into such accident or case ofindustrial disease and its causes andcircumstances.
    • Section 52(1) The Chief Medical Officer shall arrange for a medicalinspector to investigate and submit to him a report—(a) on such cases of death or critical injury occurring in anindustrial establishment or in the course of employment asthe Chief Inspector may refer to the Chief Medical Officer;and(b) on any other matter that the Minister may direct.(2) The Chief Medical Officer shall forward a copy of areportmade under—(a) subsection (1)(a) to the Chief Inspector; or(b) subsection (1)(b) to the Minister.
    • PART XIVOFFENCES, PENALTIESAND LEGAL PROCEEDINGS
    • Section 83(1) Subject to subsection (2), where a personcontravenes a provision of this Act or anyRegulations made there under or fails tocomply with anyduty, prohibition, restriction, instruction ordirective issued under this Act or any suchRegulations, he commits a safety and healthoffence and is subject to the jurisdiction of theIndustrial Court unless otherwise specified.
    • Section 97A(1) Subject to subsection (2), where a personcontravenes a provision of this Act or anyRegulations made there under or fails tocomply with anyduty, prohibition, restriction, instruction ordirective issued under this Act or any suchRegulations, he commits a safety and healthoffence and is subject to the jurisdiction of theIndustrial Court unless otherwise specified.
    • Section 97AAll offences referred to assafety and health offences inthis Act shall be determined bythe Industrial Court.