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HAZARDOUS CHEMICALS, PHYSICAL AGENTS AND BIOLOGICAL AGENTS
Orders of authority
WHERE A chemical, physical agent or biological agent or a combination of such chemical and agents is used or intended to be used in the workplace and its presence in the workplace or the manner of its use is in the opinion of the Authority likely to endanger the health of a worker, the Authority shall, by notice in writing to the employer, order that the use, intended use, presence or manner of use be:
(a) prohibited;
(b) limited or restricted in such manner as the Authority specifies; or
(c) subject to such conditions regarding administrative control, work practices, engineering control and time limits for compliance as the Authority specifies.
Where the Authority makes an order to an employer, the order shall:
(a) identify the chemical, physical agent or biological agent, or a combination of such a chemical and agents, and the manner of use that is the subject matter of the order; and
(b) state the opinion of’ the Authority as to the likelihood of the danger to the health of a worker’, and Authority’s reasons in respect thereof, including the matters or causes which give rise to the Authority’s opinion.
Article 59 (3) of the Occupational Safety and Health Act of 1997 states that the employer shall provide a copy of an order made under Subsection (1) of this Article to the committee, safety and health representative and trade union, if any, and shall cause a copy of the order to be posted in a conspicuous place in the workplace where it is most likely to come to the attention of the workers who may be affected by the use, presence or intended use of the chemical, physical agent or biological agent or a combination of such a chemical and agent.
59. (4): Where, the employer, a worker or a trade union considers that he or it is aggrieved by an order made under Subsection (1), the employer, worker or trade union may by notice in writing given within seven days of the making of the order, appeal to the minister.
59. (5): On an appeal under Subsection (4), the Minister or the Commissioner who has been directed under Subsection (6) to determine the appeal, may suspend the operation of the order appealed from pending the disposition of the appeal.
59. (6): The Minister may, having regard to the circumstances determine the appeal within thirty (30) days of notice of such appeal or direct that the appeal be determined on his behalf by the Commissioner within the said period.
59. (7): The Minister or, where the Commissioner has been directed under Subsection (6), the Commissioner so directed, may notwithstanding Section 21(2) give such directions and issue such orders as he considers proper or necessary concerning the procedures to-be adopted or followed.
On an appeal, the Minister or, where the Commissioner has been directed under Subsection (6), the Commissioner so directed. may substitute his findings for those of the Authority and may rescind or affirm the order appealed from or make a new order in substitution therefor, and such order shall stand in the place of and have the same effect under this Act and the regulations as the order of the Authority, and such order shall be final and not subject to appeal under this section.
In making a decision or order, the Authority, the Minister or, where the Commissioner has been directed under Subsection (6), the Commissioner so directed shall consider as relevant factors:
(a) the relation of the chemical or agent, combination of chemicals and agents or by-product to a chemical or a biological agent that is known to be a danger to health;
(b) the quantities of the chemical or agent, combination of chemicals and agents or by-product used or intended to be used or present;
(c) the extent of exposure;
(d) the availability of other processes, chemicals and agents or equipment for use or intended use;
(e) data regarding the effect of the process or chemicals or agent on health; and
(f) any criteria or guide with respect to the exposure of a worker to a chemical, physical agent or biological agent or a combination of such a chemical and agents that are adopted by a regulation.
Article 59 (10) of the Act states: “This section does not apply to critical substances.”
The Authority is not required to hold or afford to an employer or any other person an opportunity for a hearing before making an order under Subsection (1).
New chemical or biological agents
60. (1): Except for purposes of research and development, no person shall:
(a) manufacture,
(b) distribute, or
(c) supply,
for commercial or industrial use in a workplace, any new chemical or new biological agent unless the person first submits to the Authority notice in writing of the person’s intention to manufacture, distribute or supply such a new chemical or agent, and the notice shall include the ingredients of such a new chemical or agent and their common or generic name or names and the composition and properties thereof.
Where, in the opinion of the Authority, which opinion shall be made promptly, the introduction of the new chemical or new biological agent may endanger the safety or health of the workers in a workplace, the Authority shall require the manufacturer, distributor or supplier, as the case may be, to provide, at the expense of the manufacturer, distributor or supplier, a report or assessment, made or to be made by a person possessing such special, expert or professional knowledge or qualifications as are specified by the Authority. In other words, there must be clear information about a new chemical or agent intended to be manufactured, distributed or supplied and the manner of use.
A chemical or biological agent is not considered to be new if before a person manufactures, distributes or supplies the chemical or agent in Guyana, it was used in a workplace other than the person’s workplaces in Guyana or it is included in an inventory compiled or adopted by the Authority.
*The writer is the former General Secretary of the Clerical & Commercial Workers’ Union (CCWU) and also 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.
