Occupational Safety & Health (Part VI)
My previous presentation ended on SECTION 78 (5) of the OSH Act.  This presentation, therefore, commences with a look at 79 (1) of this Act. Offences
79 (1): Any person who:

(a) being the owner or occupier, or manager of an industrial establishment fails within the time limited by Section 7 to make application to the Authority for registration of such industrial establishment; or

(b) fails to give notice to the Authority as required by Section 7(6); or,

(c) fails to furnish the Authority within a reasonable time with information required by him under Section 7; or

(d) being the owner, occupier or the manager of an industrial establishment contravenes or fails to comply with Section 8; or

(e) obstructs the Authority or inspector in the execution of his powers, duties or functions under this Act; or

(f) is the occupier of an industrial establishment in which an obstruction under Paragraph (e) takes place, shall be liable on summary conviction to a fine of twenty-five thousand dollars.

79 (2): Any person who:

(a) wilfully delays the Authority or inspector in the exercise of any power under Section 13; or

(b) fails to comply with any requirement of the Authority or an inspector in pursuance of Section 13; or

(c) fails to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce; or

(d) wilfully withholds any information as to who is an occupier of an industrial establishment, or as to who is the employer in the case of a prescribed occupation; or

(e) conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by the Authority or an inspector, shall be deemed to obstruct the Authority or an inspector in the execution of his duties under this Act.

79 (3): Any person who:

(a) obstructs a medical inspector in the exercise of his powers under Section 16;

(b) being the occupier of an industrial establishment, contravenes or fails to comply with any requirement of a notice under Section 17;

(c) being the occupier of an industrial establishment, contravenes or fails to comply with any requirement of a notice under Section 40; or

(d) contravenes Section 41 (1); or

(e) contravenes or fails to comply with any requirement of a notice under Section 41(2); or

(f) contravenes or fails to comply with any of the provisions of Section 42; or

(g) being the occupier of an industrial establishment, contravenes or fails to comply with any of the provisions of Section 84 (display of notices); or

(h) being the occupier of an industrial establishment, fails to comply with any requirement of the Authority under Section 85 (power of the Authority to require returns); or

(i) being the occupier of an industrial establishment, fails to comply with any of the provisions of Section 86 (general register), shall be liable on summary conviction to a fine of twenty-five thousand dollars, and in the case of continuing offence shall be liable to a fine of one thousand dollars for every day upon which such offence continues after conviction.

79 (4): Subject to Subsection (5) and (6), any person who by any act or omission contravenes or fails to comply with:

(a) a provision of this Act or the regulations;

(b) an order or requirement of an inspector or the authority; or

(c) an order of the Minister or the Commissioner, shall, unless a penalty is otherwise specifically provided, be liable to a fine of not less than ten thousand dollars nor more than fifty thousand dollars and to imprisonment for a term of not more than twelve months.

79 (5): If a body corporate is convicted of an offence under Subsection (1), the maximum fine that may be imposed upon the body corporate .shall be five hundred thousand dollars.

79 (6): If an inspector or any of the other persons referred to in Section 36(1) (a) is convicted of an offence involving a contravention of Section 36 (1) (a) the fine that may be imposed on such inspector or other person shall be not less than fifteen thousand dollars nor more than fifty thousand dollars.

79 (7): On a prosecution for a failure to comply with:

(a)    Section 45 (1);
(b)    Section 46 (1) (b), (c) or (d); or
(c)    Section 48 (1),

it shall be a defence for the accused to prove that every precaution reasonable in the circumstances was taken.

79 (8): The payment of any fixed fine required under Section 30(12) for contravention of any provision of this Act or the regulations shall have no bearing on the force of this Part.

Special rules as to making of complaints for offences

80 (1): The Permanent Secretary may institute or cause to be instituted prosecution for the purpose of enforcing any of the provisions of this Act or the regulations and any inspector may appear as prosecutor for and on behalf of the Permanent Secretary.

80 (2): All complaints under this Act may be heard and determined and all offences and penalties may be prosecuted and enforced in the manner provided by the Summary Jurisdiction Acts.

80 (3): No prosecution under this Act shall be instituted except by or with the previous sanction of the Authority.

80 (4): Any proceeding under this Act or the regulations may be taken in a magistrate’s court of the district in which the offence or breach is alleged to have been committed or of the district in which the accused is resident or carries on business although the subject matter of the proceeding did not arise in that district.

80 (5): Subject to Section 83 (power to make a complaint at any time for an offence under Part II of this Act), no prosecution under this Act shall be instituted more than one year after the last act or default upon which the prosecution is based, occurred.

Power of court to order cause of contravention to be remedied

Where the occupier of an industrial establishment is convicted of an offence under this Act the court may, in addition to or in substitution for a penalty, order him to take within the time specified in the order, such steps as may be therein specified for remedying the matters in respect of which the contravention occurred and may, on application, enlarge the time so specified, and where such an order is made, the occupier shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier shall be liable to a fine of five thousand dollars for each day on which the non compliance continues.

Proceedings against persons other than occupiers

Where under this Act any person is substituted for the occupier with respect to any provision of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to the occupier is hereby required or authorised (as the case may be) to be served on or taken in relation to that person.

*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.