Occupational Safety & Health (Part VI) cont’d…
A NUMBER of legal positions prior to the coming into being of this Act have been repealed. They are identified under 88 (1).
And the Act goes on:
88 (2): The Accidents and Occupational Disease (Notification) Act is hereby repealed. [Cap 99:06]
88 (3): Sections 13 and 14 of the Shops (Consolidation) Act are hereby repealed [Cap 91:04].
88 (4): The provisions of the Factories Act that are not repealed under Subsection (1) and specified in the first column of the Fourth Schedule are hereby amended in the manner specified in the second column of that Schedule [Fourth Schedule].
88 (5): Notwithstanding Subsections (1) and (2), every subsidiary legislation made under the Acts referred to in Subsections (1) and (2) shall, with any necessary modifications and subject to the power of the Minister to amend or revoke them, continue in force as if they were made under Section 75 of this Act.
Finally, I reproduce here the content of the First, Second, Third and Fourth Schedules as outlined in the Act. Action in accordance with the schedules ensures, when necessary, that all concerned do as required by law.
But first, let me encourage all employers and workers to follow what the law says to ensure a safe and healthy workplace. If you are not sure about anything in relation to the law, seek advice from those who know. Let me also share this quote with you:
‘God intends no man to live in this world without working; but it seems to me no less evident that He intends every man to be safe and happy in his work.’
___________________________________
FIRST SCHEDULE
s. 69 (1)
NOTICE OF ACCIDENT
Accident Register No. __________
1. Name of employer ________________________________
2. Address of place where accident happened ________________________________
3. Nature of occupation* ________________________________
4. Branch or department and exact place where
the accident happened: ________________________________
5. Injured person’s surname ________________________________
Other names ________________________________
Address ________________________________
6. (a) Sex______________ (b) Age (last birthday) ____________________
(c) Occupation of injured person ________________________________
7. Date and time of accident ________________________________
8. (a) Cause or nature of the accident ________________________________
(b) If caused by machinery—
(i) give name of the machine
and part causing accident ________________________________
(ii) state whether it was worked by
mechanical power at the time ________________________________
(c) State exactly what injured person was
doing at the time ________________________________
9. Nature and extent of injuries (e.g. fatal, loss of
finger, fracture of leg, scalp, scratch followed
by sepsis) ________________________________
10. (a) State whether the accident was fatal or
not ________________________________
(b) If the accident was not fatal state
the estimated period that the injured
person will be unable to earn full
wages at the work at which he was
employed at the time of the accident ________________________________
11, Has the accident been entered in the Register? ________________________________
“Occupation” includes agriculture, business, commerce, industry and trade.
Signature of Employer or Agent.
____________________________
SECOND SCHEDULE
s. 69 (3)
NOTICE OF CESSATION OF DISABILITY
(To be submitted when disability ceases)
Accident Register No. __________..
Name of employer _____________________________________________
Address of place of employment _____________________________________________
Injured person’s surname _____________________________________________
Other names _____________________________________________
Date of accident _____________________________________________
Dates when disability ceased _____________________________________________
Actual number of days of disability _____________________________________________
Amount of compensation paid _____________________________________________
________________________________
Signature of Employer or Agent
THIRD SCHEDULE
s. 70(3)
NOTICE OF OCCUPATIONAL DISEASE
Works 1. Name of employer
2. Address of place of employment
3. Address of office: (if work on the place of employment is only temporary)
4. Nature of industry, occupation or business
5. Nature of occupational disease
6. (a) Surname:
(b) Other names:
Person affected 7. Address (permanent):
8. Temporary address (if any):
9. Sex and Age last birthday
10. Precise occupation:
(Avoid the term “labourer” where possible)
Date: _______________________________
Signature of Employer or Agent:______________________________
FOURTH SCHEDULE
s.88
ACT – How amended –
Factories Act,
Cap. 25;02
The long title For the words ‘registration and regulation of” substitute “regulation of hours of work and holidays in”;
Section 1 For “Factories Act” substitute ‘Factories (Hours and Holidays) Act”;
Section 2(1)- In paragraph (a) and (b) of the definition of “factory” delete the words “in manual labour”; –
Section 27 For “one thousand dollars” substitute “fifty thousand dollars”;
Section 29(1) For “five hundred dollars” substitute “twenty five thousand dollars”;
Section 29(3) For “five hundred dollars” and “twenty dollars” substitute “twenty-five thousand dollars” and “one
thousand dollars”, respectively
Schedule Substitute for paragraph 14 the following paragraph-
“14. Any “mine” as defined in section 2(1) of the Occupational Safety and Health Act
*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.