TOPIC: INQUEST IN CASE OF DEATH BY ACCIDENT OR OCCUPATIONAL DISEASE.
Application to Government, etc.
THE ACT, in Section 73, says: Without prejudice to the generality of the application of this Part, it is hereby declared that this Part shall apply in the case of accidents, occupational disease, or disease prescribed in regulations made under Section 70, occurring to persons employed by or under:- (a) any department of Government other than members of the Guyana Police Force or of the Guyana Defence Force;

(b) such persons, or class of persons (not being members of the Guyana Police Force or the Guyana Defence Force) employed by or under any department of Government as may be specified by order of the Minister, and in such cases, notice to be given under this Act by the employer, shall be given by such person as the head of the department of Government shall by written instructions direct.
Accidents explosions etc., at an industrial establishment
74: Where any notification is not required under Section 69 or 70 and an accident, premature or unexpected explosion, fire, flood or inrush of water, failure of any equipment, machine, device, article, cave-in, subsidence, rock-burst, or other incident as prescribed occurs at an industrial establishment, notice in writing of the occurrence shall be given to the Authority and to the committee, safety and health representative or trade union, if any, by the employer at such industrial establishment within two days of the occurrence, containing such information and particulars as are prescribed.

I move now to deal with PART VIII of the Act, which speaks to REGULATIONS.
Power of Minister to make regulations

It is very important to note under this sub-head that, subject to negative resolution of the National Assembly, the Minister may from time to time make regulations:-
(a) prohibiting the employment of, or modifying or limiting the period of employment of, all persons or any class of persons in connection with any manufacture, machinery, plant, process or description of labour certified by the Authority, by notice published in the GAZETTE, to be dangerous;

(b) prohibiting, limiting or controlling the use of any material or process;

(c) modifying or extending any special provision for any class of industrial establishments contained in this Act;

(d) for the purpose of ensuring the health or safety of persons who are employed in any industrial establishment or in connection with machinery or with any employment within the meaning of paragraph (a); and

(e) generally for giving effect to the purposes of this Act.

In particular, and without prejudice to the generality of the foregoing provisions, any such regulations may provide for:-
(a) the safe means of approach or access to, and exit from, any industrial establishment, or machinery;

(b) the fencing … of all dangerous places or machines;

(c) life saving and first aid appliances and first aid services to be provided by employers;

(d) securing safety in connection with all operations carried on in an industrial establishment;

(e) securing safety in connection with the use of cranes, winches, pulley-blocks, and of all engines, machinery, mechanical gear and contrivances generally whatsoever;

(f) the periodic inspection, testing and classification, according to age, type or condition, of boilers, and for the issue and display of certificates in connection herewith, and for the regulating of the type of safety valves to be fixed to any boiler and the maximum pt-pressure at which boilers of any age, type, class, or condition may be operated;

(g) amending the duties and responsibilities assignable to airy person under Part V of this Act;

(h) the proper ventilation of any industrial establishment, having regard to the nature of the process carried on therein;

(i) the sanitation, including the provision of lavatory accommodation and sanitary conveniences (having regard to the number of workers employed) at any industrial establishment;

(j) the fees to be paid for the inspection on examination of any industrial establishment or class of industrial establishment and any machinery therein;

(k) the forms and certificates to be used under this Act;

(l) the records and registers to be maintained for the purposes of this Act; 

(m) the lifting or moving of loads by any woman or young person;

(n) the appointment, powers, duties, and fees of medical inspectors;

(o) the medical supervision of workers;

(p) the prescribing of occupations for the purposes of Section 13;

(q) the contents of notices required to be displayed under this Act;

(r) defining any word or expression used in this Act or the regulations that is not defined in this Act;

(s) designating or defining any industry, workplace, employer or class of workplaces or employers for the purposes of this Act, or the regulations or any provision thereof;

(t) exempting any workplace, industry, activity, business, work, trade, occupation, profession, employer or any class thereof from the application of a regulation or any provision thereof;

(u) limiting or restricting the application of a regulation or any provision thereof to any workplace, industry, activity, business, work, trade, occupation, profession, employer or any class thereof;

(v) exempting an employer from the requirements of Section 63(1) (a) or (b) with respect to a hazardous chemical;

(w) any matter or article that is required or permitted to be regulated or prescribed under this Act;

(x) any matter or article, where a provision of this Act requires that the matter or article be done, used or carried out or provided as prescribed;

(y) any matter or article, where it is a condition precedent that a regulation be made prescribing the matter or article before this Act or a provision of this Act has any effect;

(z) the fees other than those referred to in paragraphs (j) and (u) and the payment or refund of fees.

*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.