OSHA Trinidad

1. Summary OSH Act No.1 of
2004

2. 2
Strategies
 OSH Act, Regulations,Approved Codes of
Practice
 OSH Authority (Policy, Standards, Advice)
 OSH Agency (Implementing & Enforcing)
 OSH Advisory Council appointed to make
recommendations for the transition.

3. 3
The OSH Act No. 1 of 2004
 Principal OSH legislation passed by Parliament
 Empowers the Minister to make subordinate
regulations, detailing requirements.
 Imposes a duty of care on everyone at work,
related to their roles.
 Lists duties of employers, employees, occupiers,
owner, designers, suppliers and manufacturers of
articles, substances used at work.
 It also provides duties for the self-employed.
 Legislates the establishment of S&H committees.
 Protects the rights of employees, young persons,
pregnant employees, nursing mothers.

4. 4
Broad Provisions 1
 Repeals Factories Ordinance, Women (Night
Work) Act
 Revises & extends parts of existing law
 Covers all persons at work in industrial
establishments.
 Recognizes employers (contractors incl.), occupiers
 Imposes duties on employers,occupiers,employees,
owners, suppliers, designers, importers, the self-
employed.
 Provides additional OSH requirements

5. 5
Broad Provisions 2
 Enhances the powers of Inspectors
 Protects public & environment beyond fence line
 Controls certain emissions into the atmosphere
 Protects pregnant women, nursing mothers, young
persons
 Requires medicals for young persons, pre-
employment medicals for permanent employees.
 Right to refuse work where S or H is in imminent
danger

6. 6
General Duties – Employers 1
To ensure , so far as is reasonably
practicable, the H, S and W of all
employees- Part 11 Section 6 - 8:
 Safe plant and systems of work.
 Safe use, handling, storage, transportation
of equipment, machinery, articles,
substances.
 Provision of any required information,
instruction, training and supervision.
 Safe place of work, safe access, egress.
 Safe work environment, welfare facilities.

7. 7
General Duties – Employers 2
 S. 6. (7) Prepare written safety & health policy
together with organization and arrangements if
more than 25 employees.
 S. 6 (9)Protect pregnant women, nursing mothers,
young persons
 S. 7 Safeguard the S&H of 3rd parties.
 Part III – Rights of employees to refuse work,
where safety or health in imminent danger.

8. 8
Duties of Employers cont’d
 S.12 – Employees can not be charged for anything
done, or provided, for compliance, e.g PPE.
 S.13 – Employers must undertake annual SH&E risk
assessments and implement controls to mitigate
risks
 S.46 – Notice of accidents.
 S.62 - Periodical returns of factory employees.
 S.75 – Preserve registers and inspection records
for for at least 5 years; health records to be
preserved for at least 25 yrs and submitted to
Agency on cessation of trade.

9. 9
General Duties of Occupiers
– Sections 8 & 9
 Ensure safe conditions of premises, means
access and escape
 Ensure safe conditions of plant, equipment.
 Ensure written Safety Policy Program
 Ensure written Emergency Response Plan
based on risk assessment
 May be required by the Chief Inspector to
appoint a Safety Practitioner.
 Protect S&H of the public within the
standards established by the EMA .

10. 10
Duties Of Employees
 Take reasonable care for safety & health of
self and others who may be affected.
 Cooperate with employer in terms of compliance
with employer’s duties.
 Not under the influence of any intoxicant
 Report to employer breaches of the Act,
regulations.
 Use correctly PPE / protective devices
 Not interfere with or misuse H,S&W items.
 Not undertake any willful acts causing death or
critical injury.

11. 11
General Duties of Manufacturers &
Suppliers Section 13 B (1-9)
 Ensure, so far as is reasonable practicable,
the safety of any articles or substances
when properly used in the workplace
 Ensure availability of appropriate
information to enable safe use
 Installer or erector to ensure that nothing
about the way of installation or erection
makes the article unsafe or a risk to health

12. 12
Part IV – Safety Provisions
 S.22 0 - Provision of training, supervision
of young persons working on dangerous
machinery
 S.23 - Protective clothing or devices of
approved standards with instructions.
 S.24 - Removal of dusts and fumes.
 S.25 - Provisions for confined space entry.
 S.25.7 - Certification by Chief Inspector
of competent persons to examine and issue
certificates.

13. 13
Part IV – Safety Provisions
 S.25A-D - Safe guarding prime movers,
transmission machinery and dangerous
parts of machinery
 S.25E/F – S&H committees established.
 S.25H – Construction and maintenance of
machinery fencing.
 S.25I - Construction and sale of new
machinery driven by mechanical power.
 S25J - Cleaning of machinery
 S25K – Appropriate health surveillance

14. 14
Part V – Fire Provisions
 S26.1 - Provision of adequate means of
escape in case of fire, based on risk
assessment.
 S26.2 – Certification by the fire authority
as prescribed under the Act.
 S26.6 – Requirement to give notice to the
fire authority and the municipal
corporation of any change of use.
 S27.1 – Safety provisions in case of fire.
 S28 – Instructions as to use of means of
escape in case of fire.
 S29 – Adequate fire-fighting equipment.

15. 15
Part VI – Health Provisions
The Act makes provisions for:
 S. 31 – Cleanliness
 S. 32 – Respiratory protection
 S. 33 - Lighting, prevention of glare,
shadows
 S. 34 - Noise and vibration
 S. 35 - Prevention of overcrowding
 S. 36 - Suitable ventilation
 S. 37 – Health surveillance medicals may be
required as a precondition of permanent
employment or to determine fitness for
work

16. 16
Part VII – Welfare
Provisions
 S.39-41 – Drinking water, Washing Facilities,
Sanitary Conveniences to be provided.
 S.42 - Suitable accommodation for clothing not
worn during working hours.
 S.43.1-3 – First aid boxes or cupboards under
control of responsible persons trained in first aid
(retested every 3 years).
 S.43.4 - For factory or industrial estate with more
than 250 employees provide emergency health
facilities according to risk assessment
 S.45 - Provision of restrooms and lunchrooms in
every factory.

17. 17
Safety and Health
Committees S25 E&F
 Make recommendations about the safety and
health of persons in the workplace
 Investigate and seek to resolve OSH issues.
 Seek assistance from the Chief Inspector as
needed.
 Obtain information from the employer
 Consulted about testing in the workplace
 Conduct workplace inspections
 Review Risk Assessments and Control Programs

18. 18
BREACH OF DUTIES - EMPLOYER
 Breaches of the pregnancy provisions
under sub-sections 6(9) – 6(12)
determined in the Industrial Court
 Contravention of provisions of the Act is a
Safety & health offence subject to the
jurisdiction of the Industrial Court.
 Aggrieved parties may seek redress in the
Industrial Court - (Section 83A):

19. 19
BREACH OF DUTIES - OCCUPIERS
Breach of general duties listed in Section 8
and failure to comply with directions of the
Chief Inspector is a S & H offence
subject to the jurisdiction of the
Industrial Court.
S.85 – Penalty where none is expressly
provided - $20,000 fine and imprisonment
of 1 year, plus further fine of $10,000 per
day, for continuing offence after
conviction.

20. 20
BREACH OF DUTIES - EMPLOYEES
 Failure to comply with Section 10 (1) is a
safety and health offence and will be
determined in the Industrial Court.
 For willful acts causing death or critical
injury S10(2), employee is liable to a fine
of $10,000 on summary conviction.

21. 21
PERSONAL LIABILITY OF
DIRECTORS OR OTHER OFFICERS
Sub-section 83(3) – Where an offence is
committed by a body corporate with the consent,
connivance or knowledge of, or can be attributable
to any neglect on the part of a director, manager,
secretary or other officer of a company, such
director, manager, secretary or other officer, as
well as the company is liable to prosecution for
commission of the offence.
Failure on the part of any of the above to ensure
that employees under their supervision obey
OSH procedures could lead to their prosecution.

22. 22
Onus of Proof
Onus of proof is on accused to prove not
“reasonable practicable” to do more than
what was already done.

23. 23
FINES IN CASE OF DEATH OR INJURY
Sub-section 86(1) … fine of one hundred
thousand dollars, or of an amount
equivalent to three years pay of that
person which ever is greater – the whole or
part may be applied for the benefit of the
victim or of his estate or otherwise as the
Court may determine.

24. 24
Prescribed Penalties
 Fines range from $2,000 to $100,000.
 Imprisonment from 3 months to 3 years.
 Both fines and imprisonment possible.
 Where no specific penalty is provided,
$20,000 fine

25. 25
Notification of Injury /
Illness
 S.46.1 - Death or critical injury -
immediate notification & written notice
within 48 hrs.
 S.46.2 – Where safety or health of the
public at risk immediate notification &
written notice within 48 hrs.
 S.46A - Non-critical injury - written report
within 4 days.
 S.48 - Occupational illness - written notice
within 48 hrs of being notified by a medical
practitioner.