Work in a private residence
THE ACT does not apply to work performed by the owner or occupant of a private residence; in or about a private residence; or the lands and appurtenances used in connection therewith. The Act applies to a domestic worker, and to an owner or occupant of a private residence, with respect to work performed by the domestic worker for the owner or occupant of a private residence.

Safety and Health representatives and their functions and powers

At a workplace where the number of workers regularly exceeds five, the employer shall cause the workers to select at least one safety and health representative from among the workers at the workplace who do not exercise managerial functions.

Where there is a trade union or trade unions representing the workers, the selection of a safety and health representative may be delegated by a majority of such workers to the trade union or trade unions.

A safety and health representative shall inspect the physical conditions of the workplace at least once a month. If it is not practical to inspect the workplace at least once per month, then the safety and health representative (as required by law) “shall inspect the physical condition of the workplace at least once a year, inspecting at least part of the workplace in each month.”

The inspection, as required by law, “shall be undertaken in accordance with a schedule agreed upon by the employer and the safety and health representative.

“The employer and workers shall provide a safety and health representative with such information and assistance as such representative may require for the purpose of carrying out an inspection of the workplace.”

A safety and health representative has the power to identify situations that may be a source of danger or hazard to workers, and to make recommendations or report his findings to the employer, the workers and the trade union or trade unions representing the workers.

The Act, 22 (12) reads as follows:
A safety and health representative has the power:
(a)    To obtain information from the employer concerning the conducting or taking of tests of any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of occupational safety and health;
(b)    to be consulted about, and be present at the beginning of testing referred to in paragraph (a) conducted in or about the workplace if the representative believes his presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid; and
(c)    to obtain information from the employer respecting:
(i)    the identification of potential or existing hazards or materials, processes or equipment, and
(ii)    safety and health experience and work practices and standards in similar or other industries of which the employer has knowledge.

22 (13) of the Act says that an “employer who receives written recommendations from a safety and health representative shall respond in writing within twenty-one days.”  This suggests therefore that the safety and health representative has to make his recommendations in writing and this is outlined in the Act.

Let’s look at the following as stated in the Act:
22. (14): A response of an employer under Subsection (13) shall contain a timetable for implementing the recommendations the employer agrees with and give reasons why the employer disagrees with any recommendations that the employer does not accept.
22. (15): Where a person is killed or critically injured at a workplace from any cause, the safety and health representative may, subject to Section 69 (2), inspect the place where the accident occurred and any machine, device or article, and shall report his findings in writing to the employer and the Authority.
22. (16): A safety and health representative is entitled to take such time from work as is necessary to carry out his duties under Subsection (7) and (15), and the time so spent shall be deemed to be work time for which the representative shall be paid by his employer at the representative’s regular or premium rate as may be proper.
22. (17): A safety and health representative or representatives of like nature appointed or selected under the provisions of a collective agreement, or other agreement, or arrangement between the employer and the workers, has in addition to his functions and the powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon a safety and health representative by this section.
22. (18): A safety and health representative shall maintain and keep a record of the exercise of his functions and powers conferred upon him by this section and shall make the same available for examination by an inspector.

Earlier on, mention is made of the safety and health committee. This committee from time to time may make recommendations to the employer as it sees fit. It must therefore meet as required under the law.

Let’s take a look now at another part of the Act that speaks to ‘Worker trades committee’. Here is what the Act says:
24. (1)     If a committee is required at a construction site, other than a construction site where fewer than fifty workers are regularly employed or that is expected to last less than three months, the committee shall establish a worker trades committee for the construction site.
24. (2)     The members of a worker trades committee shall represent workers employed in each of the trades at the workplace.
24. (3)     The members of a worker trades committee shall be selected by the workers employed in the trades the members are to represent.
24. (4)     Where there is a trade union representing the workers referred to in subsection (3), the selection of the members of a worker trades committee may be delegated by a majority of such workers to the trade union.
24. (5)     It is the function of a worker trades committee to inform the committee at the workplace of the safety and health concerns of the workers employed in the trades at the workplace.
24. (6) Subject to subsection (7), a member of a worker trades committee is entitled to such time from work as is necessary to attend meetings of the worker representative of the committee with respect to proposed testing strategies for the representative of the committee concerning testing strategies to be used …
24. (7) The committee for a workplace shall determine the maximum amount of time for which members of a worker trades committee for the workplace are entitled to be paid under subsection (6) for each meeting of the worker trades committee.

Consultation on industrial hygiene testing
The Act calls for an employer at a workplace to consult a safety and health representative regarding proposed testing strategies for investigating industrial hygiene at the workplace.
25. (2)     The employer shall provide information to a safety and health representative of the committee concerning testing strategies to be used to investigate industrial hygiene at the workplace.
25. (3)     A safety and health representative or a designated committee member representing workers at a workplace, is entitled to be present at the beginning of testing conducted with respect to industrial hygiene at the workplace, if the representative or member believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid.
25. (4)     The committee members representing workers shall designate one of them for the purpose of Subsection (3).
To be continued on Sunday….
*The writer is the former General Secretary of the Clerical & Commercial Workers’ Union (CCWU); a former President of the Federation of Independent Trade Unions of Guyana (FITUG) and a former Vice President of the Guyana Trades Union Congress (GTUC). He served the Caribbean Congress of Labour (CCL) as Research Officer 1983 – 1998.