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OCCUPATIONAL SAFETY AND HEALTH 1

BELIZE

OCCUPATIONAL SAFETY AND HEALTH ACT, 2014

ARRANGEMENT OF SECTIONS

PART I

Preliminary

1. Short title.

2. Interpretation.

3. Purpose.

4. Application.

5. Act to bind the Crown.

PART II

General Duties

6. Duty of employers to workers.

7. Duty of self-employed persons.

8. Duty of employers and self-employed persons to persons others than workers.

9. Duty of persons in control of workplaces, etc.

10. Duties of manufacturers, importers, suppliers, and installers.

11. Duty of workers.

12. Duties of employer at construction site.

13. Additional duties of suppliers.

2 OCCUPATIONAL SAFETY AND HEALTH ACT, 2014

14. Duties of directors and officers of a company.

15. Annual risk assessment.

PART III

National Occupational Safety and Health Authority

16. Establishment and composition of the Authority.

17. Term, remunerations, allowances and conditions of office.

18. Leave, resignation and dismissal of members.

19. Powers and functions of the Authority.

21. Subcommittees.

22. Procedures and meetings.

PART IV

Occupational Safety and Health Inspectorate

23. Establishment of Occupational Safety and Health Inspectorate.

24. Pensions, gratuities and other retirement benefits.

25. Secondment.

26. Duties of Chief Inspector.

27. Conflict of interest of Chief Inspector, etc.

28. Publication of appointment.

29. Powers of inspectors.

30. Preservation of record.

31. Confidentiality.

32. Identification of inspectors.


PART V

Inspections and Notices

33. Inspector may issue improvement notice.

34. Inspector may issue prohibition notice.

35. Inspector may issue penalty notice.

36. Issuing of notices.

37. Notices may include directions.

38. Appeals against notices.

39. Offences in relation to investigations.

PART VI

Workplace Arrangements

40. Duty of employer to establish committee.

41. Composition of committees.

42. Functions of committees.

43. Disqualification of committee members.

44. Responsibilities of employers to committees.

45. Safety and health representatives.

PART VII

Prohibitions Against Reprisals and Related Activities

46. Reprisal against workers.

47. Obstruction in respect of injured worker.

48. Prohibition of false creation of safety and health fears.

49. Remedies for discrimination against workers.


50. Circumstances where a worker can refuse to work.

51. Circumstances where a worker cannot refuse to work.

52. Reporting a work refusal to work—stage 1 investigations.

53. Refusal of worker to work— stages 2 investigations.

54. Appeal against decisions relating to work refusal.

PART VIII

Hazardous Substances, Chemicals, Physical Agents and Biological Agents

55. Powers to prohibit or restrict hazardous substances, chemicals and biological agents or physical agents.

56. New hazardous substances, chemicals or biological agents or physical agents.

57. Inventory of hazardous substances, chemicals and biological agents and physical agents.

58. Employer to supply information on hazardous substances, chemicals or biological agents or physical agents to workers.

59. Access to information on hazardous substances, chemicals or biological agents or physical agents.

60. Hazardous substances, chemicals and biological agents or physical agents assessment.

61. Hazardous substances, chemicals and biological agents or physical agents notice.

62. Hazardous substances, chemicals, and biological agents and physical agents training.

63. Exemption from disclosure of certain information.

64. Notification and assessment of new hazardous substances, chemicals and biological agents or physical agents.

65. Declaration of hazardous substances, chemicals and biological agents or physical agents for priority assessment.


66. Assessment reports for hazardous substances, chemicals and biological agents or physical agents.

67. Publication of assessment reports.

PART IX

Notification of Occupational Safety and Health Accidents and Diseases

68. Notification of accidents and other diseases.

69. Employers to maintain registers.

70. Occupational disease.

71. Record of accidents and other matters.

72. Notification of workplaces.

PART X

Financial

73. National Occupational Safety and Health fund.

74. Initial expenditure, insufficiency of funds.

75. Audits and reports.

76. Loans.

77. Submission of budget estimates.

78. Appointment of financial controller.

PART XI

Offences, Penalties and Legal Proceedings

79. General offences and penalties.

80. Authority to prosecute.

81. Limitation of proceedings.


82. Employers liability for acts of workers.

83. Documentary evidence.

84. Protection against civil and criminal proceedings.

85. Aiding and abetting.

86. Forgery, false declarations, etc.

87. Aggrieved parties may seek redress.

PART XII

Miscellaneous

88. Annual Report.

89. This Act to prevail.

90. Regulations.

91. Codes of practice.

92. Use of codes of practice in proceedings.

93. Commencement.

94. Repeal and transitional.


BELIZE

BILL

for

AN ACT to make new provisions relating to occupational safety and

health of workers, of other persons at work or other persons

affected by such work; to provide for improved standards for

occupational safety and health by providing clear objectives,

obligations and functions beneficial to every workplace; to

provide for duties and obligations of employers, workers, self-

employed persons, manufacturers, suppliers, installers, inspectors,

and other persons at work; to provide for establishment of codes

of practice; to establish the National Occupational Safety and

Health Authority and the Occupation Health and Safety

Inspectorate; to repeal the Factories Act, Chapter 296 of the

Substantive Laws of Belize; and to provide for matters connected

therewith or incidental thereto.

(Gazetted ………………………….., 2014).

BE IT ENACTED, by and with the advice and consent of the House of

Representatives and the Senate of Belize and by the authority of

the same, as follows:

1. This Act may be cited as the Occupational Safety and Health Act, 2014.

2.–(1) In this Act -

―accident" means an event occurring at, or a situation arising in, a workplace which –

(a) results in body injury or any injury or occupation disease,

Short title

Interpretation


(b) results in body injury due to a dangerous occurrence to and from a workplace;

―article‖ means an object which is formed to a specific shape or design during its manufacture and whose use in that form is dependent in whole or in part on its shape or design;

"associated health and safety legislation" includes -

(a) the Electricity Act, Cap. 221;

(b) the Petroleum Act, Cap. 225;

(c) the Mines and Mineral Act, Cap. 226; and

(d) the Belize Building Act, Cap. 131;

―Authority‖ means the National Occupational Safety and Health Authority established under section 16;

―biological agent‖ means bacteria, viruses, fungi, rickettsiae, chlamydiae, and parasites;

―bodily injury‖ includes injury to health;

"chemical" means a chemical element and compound or mixture thereof, whether natural or synthetic;

"Chief Inspector" means the Chief Inspector appointed under section 23;

―Commissioner‖ mean the Labour Commissioner appointed under section 3 of the Labour Act;

―committee‖ means a committee required under section 40;

―construction‖ includes

(a) building, excavation and structural alteration, renovation, repair, maintenance, clean, paint, or demolition of all types of buildings or structures;

(b) civil engineering, excavation, structural alteration, repair, maintenance or demolition of, airports, docks, harbours, inland water ways, dams, rivers, avalanche and sea defence works, roads and highways, railways, bridges, tunnels, viaducts, oil operations and services such as communications, drainage, sewerage, water and energy supplies;


(c) the erection or dismantling of prefabricated buildings and structures, as well as the manufacturing of prefabricated elements on the construction site; and

(d) electrical, plumbing, or installation of air conditioning and cable workings;

―employer‖ has the meaning assigned under the Labour Act;

―engineer‖ means a person who holds a certificate of registration pursuant to the Professional Engineers (Registration) Act;

"Fund" means the National Occupational Safety and Health Fund established under section 73;

"hazardous substance" means

(a) a chemical including ionizing radiation, physical agent or biological agent, or a combination thereof prescribed as hazardous substance, to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled by this Act or any other Ac or subsidiary legislation and any agent or situation capable of potentially injuring or compromising the health and safety of a person or causing damage; and to plant or premises.

(b) Any chemical which has been classified as hazardous in accordance with Article 6 of the International Labour Organization Convention No.170 or for which relevant information exists o indicate that the chemical is hazardous and the International Atomic Energy Agency; or

(c) any substance or mixture of substances which by virtue of its chemical, physical or toxicological properties either alone or in combination, constitutes a hazard;

"Inspectorate" means a Safety and Health Inspector appointed by the Authority under section 23;

―medical officer‖ means a medical practitioner who is employed by the government and who is responsible for monitoring, investigating and making recommendations to the government on matters respecting the health of the public;

"Minister" means the Minister responsible for Labour;

"Ministry" means the Ministry responsible for Labour;


―near miss‖ means stage 1 investigations to be carried out under section 52;

―occupational disease‖ means a prescribed diseases based on standards of International Labour Conventions dealing with occupational safety and health;

―owner‖ includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or intended to be used as a workplace, and a person who has right of title to, and management of, or control over, the plant for use in a workplace or plant intended to be used in a workplace, and includes a person who acts for or on behalf of an owner as an agent or otherwise;

―penalty notice‖ means a notice issued under section 35 for the payment of

a penalty fee within a specified time where a person does not wish to have a

matter dealt with by a court;

―physical agent‖ means electromagnetic radiation, ionizing radiation, lighting , noise, vibration, heat, cold, humidity, and pressure;

"plant" includes:

(a) any machinery, equipment, appliance, implement or tool;

(b) any component, material, fitting or accessory used in conjunction with any machinery, equipment, appliance, implement or tool;

(c) steam boilers, pressure vessels, hoists, lifts, cranes, lifting equipment, handling devices, amusement rides or scaffolding;

(d) apparatus, tackle, gear or any technology;

(e) any combination of mechanical parts that transmits from one part to another, or otherwise modifies, force, motion or energy that arises from any source including hydraulic, pneumatic, chemical or electric reaction;

"premises" includes:

(a) any land, building or part of any building;

(b) any vehicle, ship or aircraft;

(c) any installation on land, on the bed of any water or floating on any water;


(d) any tent or movable structure; and

(e) any workplace

―practicable‖ means reasonably practicable having regard, where the context permits, to

(a) the severity of any potential injury or harm to health that may be involved, and the degree of risk of it occurring

(b) the state of knowledge about:

(i) the injury or harm to health referred to in paragraph (a) of this definition.

(ii) the risk of that injury or harm to health occurring; and

(iii) the means of removing or mitigating the risk or mitigating the potential injury or harm to health; and

(c) the availability, suitability, and cost of the means referred to in paragraph (b) (iii) of this definition;

―right-to-know station‖ means the conspicuous place where the floor plan, report and other documents are located for the attention of workers;

―risk assessment‖ means the process of evaluating the probability and consequences of injury or occupational disease arising from exposure to identified hazards associated with plant or substance;

―self-employed person‖ means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not that person employs one or more other persons;

―supervisor‖ means a person who has charge of a workplace or authority over a worker;

―trade union‖ means a trade union as defined in section 2 of the Trade Unions and Employers Organizations (Registration, Recognition and Status) Act;

[―worker‖ means any person providing a service, whether for wages or not, including an apprentice, or who has entered into or works under a contract of employment with an employer and includes a domestic worker who is employed to do household work in another person’s home, house, building, structure, place or premises occupied as private dwelling;]


―workplace‖ means any place, whether or not in a building or structure, or industrial establishments, mines, or businesses, where workers go and work or which is under the direct or indirect control of the employer.

(2) In this Act, an architect, engineer or any other person engaged solely to oversee the quality control of a construction site is not an employer at the construction site.

(3) In this Act, premises shall not be excluded from the definition of an industrial establishment by reason only that:

(a) it an open air premises;

(b) the establishment is owned by or under the occupation, control of the Crown, a town, city, village or a community council.

3. The purpose of this Act is to -

(a) secure the safety, health and welfare of workers at work;

(b) protect persons other than workers against risks; [of accidents] (to safety or health arising out of the activities of workers)

(c) to promote a safe and healthy occupational environment for workers that protects them from injury and occupational disease and that is adapted to their safety, health, physiological and psychological needs;

(d) to foster a cooperative and consultative relationship between employers and workers on the safety, health and welfare of workers at work and in achieving the objectives of this Act;

(e) to ensure that risks to safety and health are identified, assessed and eliminated or controlled;

(f) to develop and promote community awareness of occupational safety and health issues;

(g) to provide a legislative framework that allows for progressively higher standards of occupational safety and health to take account of changes in technology and work practices;

Purpose


(h) to protect persons other than workers against risks to safety and health arising from the use of plant that affects public safety;

(i) to give effect to the international law obligations of the Government of Belize relating to safety and health at workplace.

4.–(1) This Act shall apply to all workplaces where any person is at work, whether temporarily or permanently.

(2) Notwithstanding subsection (1), this Act does not apply to the workplace of a domestic worker, owner or occupier of a private residence, in or about the private residence or on any land or appurtenances used in connection with that private residence.

(3) Where any of the rights of a worker established by any other Act, collective agreement, contract of employment, custom or practice are more favourable than this Act requires, the provisions so established shall prevail over this Act.

5. This Act binds the State.

PART II

General Duties

6.–(1) Every employer shall ensure, as far as is reasonably practicable, the safety, health and welfare at work of all his workers.

(2) Without prejudice to the generality of subsection (1), the employer’s duty extends to –

(a) providing and maintaining a workplace, plant or systems of work that is safe and without risks of bodily injury;

(b) the arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage or transport of plant and substances;

(c) the provision of adequate and suitable protective clothing or devices to workers who in the course of employment are likely to be exposed to the risk of head, eye, ear, hand or foot injury, injury from air contaminant or any other bodily

Application.

Act to bind the State.

Duties of employers.


injury and the provision of adequate instructions in the use of such protective clothing or devices;

(d) the provision of such information, instruction, training and supervision as is necessary to ensure the safety and health of workers;

(e) the maintenance of the workplace in a condition that is safe and without risks to health;

(f) the provision and maintenance of means of access to and egress from it that are safe and without such risks;

(g) the provision and maintenance of a working environment for a worker that is safe, without risks to health, and adequate as regards facilities, amenities and arrangements for his welfare at work;

(h) the development of a safety and health policy, in consultation with workers and with such other persons as the employer considers appropriate; and

(i) such other duties that may be imposed on him by this Act.

(3) Any information required under subsection (2) to be supplied to a worker shall be in the language of the worker.

(4) A policy under subsection (2)(g) shall–

(a) enable effective cooperation between the employer and the workers in promoting and developing measures to ensure the worker’s safety and health at work; and

(b) provide adequate review mechanisms for the effectiveness of the policy on a continuous basis.

(5) An employer who contravenes this section commits an offence.

7.–(1) A self-employed person shall –

(a) take all reasonable steps to ensure his safety and the safety and health of other persons are not adversely affected by work undertaken at his workplace;

Duties of self employed persons.


(b) at all times use appropriate safe systems of work, preventive and control measures and where not practicable, use suitable personal protective appliances and clothing;

(c) comply with safety and health standards, regulations and procedures;

(d) report to the Chief Inspector –

(i) any situation which he has reason to believe would present imminent danger or hazard and which he cannot correct, and

(ii) any incident or injury that arises in the course of or in connection with his work, as required.

(2) A self-employed person who contravenes this section commits an offence.

8.–(1) Every employer shall conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment, who may be affected by his actions are not thereby exposed to risks to their safety or health while they are at his workplace.

(2) Every self-employed person shall conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons not in his employment, who may be affected by his actions are not thereby exposed to risks to their safety or health while at the workplace of that self-employed person.

(3) A person who contravenes this section commits an offence.

[9.–(1) Each person who has, to any extent, control of –

(a) non-domestic premises which have been made available to persons (not being his or her workers) as a workplace, or die by means of access thereunder or egress therefrom; or

(b) any plant or substance in any non-domestic premises which has been provided for the use or operation of persons at work (not being his or he workers),

shall ensure that the premises, the means of access thereunder or egress therefrom or the plant or substance, as the case may be, are or is safe and without risks to health.

Duties of employers and self-employed persons to non-workers.

Duties of persons in control of workplaces.


(3) Where a person has, by virtue of any contract or lease, an obligation of any extent in relation to-

(a) the maintenance or repair of any premises referred to in paragraph (a) of subsection (1) of this section or any means of access thereunder or egress therefrom; or

(b) the safety of, or the absence of risks to health arising from, any plant or substance referred to in paragraph (b) of subsection (1) of this section,

that person shall be treated, for the purposes of subsection (1) of this section, as being a person who has control of the thing to which his or her obligation extends.

(4) A reference in this Section to a person having control of any thing is a reference to a person having control of the thing in connection with the carrying on by him or her of a trade, business or other undertaking (whether for profit or not).

(2) A person who contravenes this section commits an offence.]

10.–(1) A person who manufactures, imports or supplies any plant or

substance for use at a workplace shall –

(a) ensure that the plant or substance is safe and without risks of bodily injury when properly used;

(b) take such steps as are necessary to make available in connection with the use of the plant or substance at work adequate information –

(i) about the use for which the plant is designed and about any conditions necessary to ensure that, when put to that use, the plant will be safe and without risks to bodily injury or the environment; or

(ii) about the results of any relevant tests which have been carried, out on or in connection with the plant or substance and about any conditions necessary to ensure that the substance will be sate and without risks of bodily injury when properly used;

(c) ensure that a comprehensive independent [Safety Audit] of the workplace is carried out every four years

Duty of manufacturers, importers, suppliers, installers, etc.


(2) A person who undertakes the manufacture of any plant, or substance shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or of bodily injury to which the plant or substance may give rise.

(3) A person who erects or installs any plant in any workplace shall ensure that nothing about the way in which that plant is erected or installed makes it unsafe or exposes persons to risks to their safety or of bodily injury when properly used.

(4) Nothing in this section shall be taken to require a person to repeat any testing, examination or research which has been carried out otherwise than by him or at his instance, in so far as it is practicable for him to rely on the results thereof for the purpose of this section.

(5) Where a person manufactures, imports, installs or supplies any plant for, or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is practicable, that the plant will be safe and without risk of bodily injury when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed by subsection (1) to such extent as is practicable having regard to the terms of the undertaking.

(6) Where a person supplies any plant to another under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the supplier –

(a) carries on the business of financing the acquisition of goods by others by means of such agreements; and

(b) in the course of that business acquired his interest in the plant supplied to the customer as a means of financing its acquisition by the customer from a third person, the third person and not the supplier shall be treated for the purpose of this section as supplying the plant to the customer, and any duty imposed by the preceding provisions of this section on suppliers shall accordingly fall on the third person and not on the supplier.

(7) For the purpose of this section, a plant is not to be regarded as properly used where it is used without regard to any relevant information or advice relating to its use which has been made available by a person by whom it was manufactured, imported or supplied.

(8) A person who manufactures or imports or supplies a substance or chemical product for use in a workplace shall have a Material Safety


Data Sheet for the substance or chemical product and such other prescribed details.

(9) Any person who contravenes this section commits an offence.

11.–(1) A worker shall, while at work,

(a) take all care not to take any action, or make any omission, that creates risk or increases an existing risk, to the safety and health of any worker including himself or to another person;

(b) co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made hereunder;

(c) use equipment, in accordance with any instructions given by the worker’s employer consistent with its safe and proper use, that is –

(i) supplied to the worker by the employer and;

(ii) necessary to protect the safety and health of the worker or of other persons;

(d) at all times wear or use any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health;

(e) comply with the safety and health procedure requirements and instructions given by a supervisor for his own or any other person’s safety;

(f) report to the supervisor, any situation which he has reason to believe would cause accident, or present a hazard and which he cannot correct;

(g) report to his supervisor any accident or injury that arises in the course of or in connection with his work;

(h) have regard to any duty or requirement imposed on his employer or any other person by or under any other relevant law; and

Duties of workers.


(i) co-operate with his employer or any other person to enable

that duty or requirement to be performed or complied with.

(2) A worker who contravenes this section commits an offence.

12.—(1) Before beginning construction work, the owner of the property shall determine whether any hazardous substances are present at the construction site and shall prepare a list of all hazardous substances that are present at the site.

(2) If any work on a construction site is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1).

(3) The owner of the property shall ensure that a prospective employer at the construction site on the owner’s property has received a copy of the list referred to in subsection (1) before entering into a binding contract with the employer.

(4) The employer at a construction site shall ensure that,

(a) the measures and procedures prescribed in this Act and regulations made thereunder are carried out on the construction site; and

(b) the safety and health of workers on the construction site is protected.

(5) The employer at the construction site shall ensure that each prospective contractor for the construction of work has received a copy of the list referred to in subsection (1) before the prospective contractor or subcontractor enters into a binding contract for the supply of work on the construction site.

(6) Where so prescribed, an employer at the construction site shall, before commencing any work on the construction site, give to the Chief Inspector notice in writing of the construction work containing such information as may be prescribed.

(7) The owner of the property who fails to comply with this section shall be liable to the employer at the construction site and to every contractor and subcontractor who suffers any loss or damages as a result of the subsequent discovery on the construction site of a hazardous substance that the owner ought reasonably to have known of but that was not on the list prepared under subsection (1).

Duties at construction site.


(8) The employer at a construction site who fails to comply with this section is liable to every contractor or subcontractor who suffers any loss or damage as the result of the subsequent discovery on the construction site of a hazardous substance that was not on the list prepared under subsection (5).


13.–(1) Every person who supplies any machinery, device, tools, equipment or substance under a sale agreement or any rental, leasing or similar arrangement for use in or about a workplace shall ensure that–

(a) the machinery, device, tools, equipment or substance is in good condition and that the machinery, device, tools, equipment or substance is safe and without risks to safety or bodily injury when properly used;

(b) the standard of the machinery, device, tools, equipment or substance comply with the standards prescribed under this Act and regulations made thereunder,

(c) the machinery, device , tools, equipment or substance is maintained in good condition where it is the supplier’s responsibility under the sale, rental, leasing or other similar arrangement;

(d) adequate information about the machinery, device, tools, equipment or substance is provided to the person to whom it is supplied to ensure its safe use.

(2) This section applies to the advice or certification by architect or engineer with respect to machinery, device, tools, equipment or substance where such advice or certification given or made negligently or incompetently results in the injury or endangerment of a worker.


14.–(1) Every director, manager, or other officer of a company shall take all reasonable steps to ensure that the company complies with -

(a) this Act and regulations made thereunder; and

(b) orders and directives of the Authority, the Chief Inspector, the Deputy Chief Inspector or an Inspector.

Additional duties of suppliers.

Duties of directors and officers of companies.


(2) For the purposes of subsection (1), a ―company‖ means a company Registered under the Companies Act, Chapter 250.

15.–(1) Every employer shall make a suitable and sufficient annual assessment of,

(a) the risks to the safety and health of his workers to which they are exposed whilst they are at work; and

(b) the risks to the safety and health of persons other than his workers arising out of or in connection with the environmental impact of his undertaking, for the purpose of identifying what measures are necessary for compliance with this Act or any other law.

(2) Any assessment referred to in subsection (1) shall be reviewed by the employer who made it if –

(a) there is reason to suspect that it is no longer valid; or

(b) there has been a significant change in the matters to which it relates; and

where as a result of any such review, changes to an assessment are required, the employer or self-employed person concerned shall make them.

PART III

National Occupational Safety and Health Authority

16.–(1) There is hereby established a body to be known as the National Occupational Safety and Health Authority.

(2) The Authority shall consist of the following members appointed by the Minister-

(a) two representatives nominated by the National Trade Union Congress of Belize;

(b) a representative nominated by the Belize Chamber of Commerce and Industry;

(c) a representative nominated by the Belize Business Bureau.

(d) a representative who in the opinion of the Minister is qualified and suitable;

Annual risk assessment.

Establishment and Composition of the Authority


(e) a representative of the Social Security Board who is responsible for occupational safety and health matters;

(f) a representative of the Ministry of Health who is responsible for occupational safety and health matters;

(g) the Labour Commissioner or his representative

(h) a representative from the Central Building Authority;

(i) a representative from the Pesticides Control Board;

(j) a representative from the Belize Agricultural Health Authority; and

(k) the Chief Inspector appointed under section 50 of this Act.

(3) The Minister shall appoint the Chairperson of the Authority from amongst the members of the Authority and the members of the Authority shall elect a Deputy Chairperson and Treasurer from among the members of the Authority.

(4)The Chief Inspector and the Labour Commissioner shall be an ex officio member of the Authority and the Chief Inspector shall be the Secretary of the Authority.

17.–( 1) The members of the Authority shall be appointed for a term of three years and at the expiration of that period may be eligible for reappointment.

(2) A person appointed as a member of the Authority shall be paid such remunerations, and allowances as may be fixed by the Minister from time to time.

(3) Notwithstanding subsection (2), all members of the Authority shall be entitled to reimbursements for reasonable expenses incurred in the discharge of their functions.

18. –(1) The Authority may grant leave of absence to a member on such terms and conditions as it considers appropriate.

(2) A member of the Authority shall have vacated his appointment where that member–

Terms, remunerations, allowances and conditions of office

Leave, resignation and dismissal of members


(a) is declared bankrupt by a court of competent jurisdiction;

(b) compounds with his creditors or makes an assignment in whole or in part of his estate for the benefit of his creditors;

(c) is absent from three consecutive meetings of the Authority without leave;

(d) is convicted in any jurisdiction of an offence punishable by imprisonment

(e) is certified of unsound mind; or

(f) is incapacitated

(3) The Minister shall, on the advice of the Authority and after consultation with the organization that nominated the member, terminate the appointment of such member for misbehaviour.

(4) When the Minister terminates the appointment of a member of the Authority, the Minister shall–

(a) provide written reasons for the termination to the member whose appointment is terminated; and

(b) request the organization which nominated the member who is terminated, to nominate another person for appointment.

(5) Any member of the Authority may, other than the Chief Inspector or the Labour Commissioner, resign his office by letter addressed to the Minister.

(6) The person appointed pursuant to subsection 4(b) shall serve for the outstanding period of appointment of the member whose appointment was terminated.

19. The functions of the Authority shall be as follows:

(a) to enforce the provisions of this Act and regulations made thereunder by issuing directives to the Inspectorate;

(b) facilitate the development of national safety and health standards and codes of practice in liason with the Inspectorate;

Functions and powers of the Authority


(c) monitor the occupational safety and health standards at workplaces;

(d) supervise and control the Inspectorate;

(e) advise and make recommendations to the Minister on occupational safety and health matters;

(f) provide instructions to the Inspectorate regarding investigation and reporting on matters referred to the Authority by the Minister; and

(g) perform any other function as required by this Act and regulations made thereunder or any other act.

20.–(1) A member of the Authority who has a pecuniary interest in any

matter coming before the Authority shall on each and every occasion on

which the matter comes before the Authority declare his interest and,

unless otherwise directed by the Chairman, withdraw from the meeting

and take no further part in the proceeding or voting of the Authority in

relation to that matter.

(2) A declaration of interest, and the withdrawal of a member after any such declaration as provided in subsection (1) above, shall be recorded in the minutes of the meeting of the Authority.

21.–(1) The Authority may appoint subcommittees and specify their terms

of reference as necessary or expedient to assist in the performance of their

functions.

(2) A subcommittee established pursuant to subsection (1) may be appointed from amongst the members of the Authority or any other persons who the Authority believes to be qualified for such appointment.

22.–(1) The Authority shall meet at least once a month for the performance

of its business and such meetings shall be held at such places and times and on

such days as the Authority may determine.

(2) The Minister may from time to time it is necessary or expedient, direct the Authority to meet on occupational safety and health matters.

(3) The Chairperson shall preside at all meetings but if the Chairperson is unable to attend a meeting, the Deputy Chairperson shall preside at that meeting.

Members of Authority to declare interest.

Subcommittees

Procedures and meetings


(4) The quorum of the Authority shall be the Chairperson or the Deputy Chairperson and half of the other members for the time being holding office, providing that at least one member each from the employers and workers organization are present.

(5) The Authority’s decision shall be my a majority of votes, and in addition to an original vote, the Chairman or other person presiding at a meeting shall have a casting vote in any case in which the voting is equal.

(6) Subject to this section, the Authority may regulate its own proceedings and meetings.

(7) The Authority shall maintain proper records of the meetings.

(8) No Act done or proceeding taken by the Authority under this Act or regulations made thereunder shall be questioned or invalidated on the ground of–

(a) the existence of any vacancy in the membership;

(b) any defect in the constitution of the Authority; or

(c) any omission or irregularity.

PART IV

Occupational Safety and Health Inspectorate

23.–(1) There is established a Secretariat to be called the Occupational Safety and Health Inspectorate (hereinafter called the ―Inspectorate‖) which shall be charged with the performance of the administrative and management functions of the Authority.

(2) The Inspectorate shall provide such information and support to enable the Authority to execute its functions.

(3) The Inspectorate shall consist of the following persons who shall be appointed by the [Authority after consultation with the Minister] –

(a) a Chief Inspector who shall be the head of the Inspectorate;

Establishment of Occupational Safety and Health Inspectorate


(b) one or more Deputy Chief Inspectors who shall deputize for and assist the Chief Inspector in the daily administration of the inspectorate;

(c) at least six Inspectors; and

(d) such other persons who in the opinion of the Authority, have the necessary training, qualifications and expertise to assist in the effective management and delivering of the services of the Inspectorate.

(4) The Chief Inspector shall be the Accounting Officer of the Accounts and Funds for the Authority and shall –

(a) carry out any directions given to him by the Authority in pursuance of its functions; and

(b) if requested by the Minister, provide the Minister with information about the activities of the Authority or any other related matter.

24.–(1) The Authority may prescribe regulations providing for pension,

gratuities and other retirement benefits of the Chief Inspector, the Deputy

Chief Inspector and other staff of the Inspectorate.

(2) Where an officer of the Public Service is seconded to the Authority by the Governor-General or the Public Service Commission, his service in the Authority shall be counted as pensionable service for the purpose of the Pensions Act and the Pensions Act shall apply as if that public officer has remained in the Public Service.

25. An officer in the public service may, with the approval of the appropriate Commission’s consent to be transfer on secondment to the service of the Inspectorate upon such terms and conditions as are acceptable to him or his union representative and the Authority.

26.–(1) The Chief Inspector shall be responsible for the administration and operation of the Inspectorate and report to the Authority on such matters concerning the administration, enforcement and furtherance of the purposes of this Act as the Authority may request and to carry out any directions given to him by the Authority.

(2) Without prejudice to the generality of subsection (1), the Chief Inspector shall –

Pension, gratuities and other retirement benefits.

Cap.30

Secondment

Duties of Chief Inspector


(a) oversee the activities of Inspectors and other officers appointed under section 23;

(b) evaluate the performance of Inspectors and other officers on an annual basis;

(c) ensure that prescribed standards for inspectors and investigations are adhered to by Inspectors, and where appropriate, conduct inspections and investigations to monitor inspector-performance against such standards;

(d) respond to complaints from employers, workers, committees or union representatives about the standard of inspections or investigations performed by an inspector or ;

(e) issue an identity card to every Inspector, bearing his signature or a facsimile thereof, and the identity card shall-

(i) state that it was issued under this Act;

(ii) give the name of the Inspector;

(iii) contain a facial photograph of the Inspector; and

(iv) state the date, if any, on which it expires;

(f) advise the Authority on national, regional and international matters relating to safety and health administration and policy and related matters affecting Belize;

(g) guide the Authority in its deliberation on matters referred to the Authority by the Minister;

(h) provide periodic information to the employers, the workplace safety and health committees and trade unions relating to –

(i) the annual number of accidents;

(ii) the annual number of lost workday cases caused by work-related accidents, work related injuries, and other work-related illnesses;

(iii) the annual number of non-fatal cases, accidents or occupational diseases, that required the attention of a medical practitioner; and


(iv) standards for the promotion of occupational safety and health of workers generally.

(i) issue Certificate of Registration to industrial establishments, mines and construction businesses;

(j) publish a register of industrial establishment, mines and construction businesses annually;

(k) display the register of industrial establishments, mines and construction businesses as public documents for inspection by the members of the public at its office premises during normal working hours free of cost; and

(l) monitor the level of chemicals, physical agents or biological agents in a work place and keep and post accurate records thereof.

27.–(1) When discharging their duties under this Act or regulations, the

Chief Inspector, the Deputy Chief Inspector or any other inspector or officer

shall not be in conflict of interest arising out of direct or indirect pecuniary

interest, quotas or any other reason whatsoever.

28.–(1) The appointments of the Chief Inspector, Deputy Chief Inspector and all other inspectors or officers shall be published in the gazette annually.

29.– (1) Every inspector shall, for the purposes of the enforcement of this Act, have power to do all or any of the following –

(a) to enter with a warrant and with proper identification card, any workplace at any time in the performance of his functions;

(b) take up in any such workplace, any applicable machine, device, article, material, chemical, physical agent or biological agent or any equipment as he considers appropriate;

(c) require the production of any relevant drawings, specifications, licences, documents, records or reports and inspect, examine and copy the same;

Conflict of interest of Chief Inspector, etc.

Publication of appointments

Powers of Inspector


(d) upon giving a receipt thereof, remove required certified copies of any drawing, specifications, licences, documents, records or reports inspected or examined;

(e) inspect workplace, take photographs of and examine, at all reasonable times, either alone or together with such other person possessing technical or special knowledge as the Chief Inspector may authorise in writing;

(f) conduct at the expense of the employer on written notice to him such examination, tests or inquiry of any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about workplace including examination of any plant, substance or tiling, or take and carry away such samples for such purposes as he considers necessary to ascertain whether there is compliance with this Act;

(g) direct in writing that any equipment, machine or device not be used pending the testing described in paragraph (f);

(h) take or remove samples of any substance or thing as may be required for analysis;

(i) take possession of any plant or thing for further examination or testing or for use as evidence;

(j) direct that the workplace, or any part of it, be left undisturbed for as long as the Inspector considers necessary;

(k) interview in the course of an inspection or investigation either in private or otherwise, as he considers appropriate, and person with whom he finds as at workplace or whom he has reasonable grounds to believe is, or was at any time during the past, a worker working at a workplace;

(l) require any person whom he interviews under paragraph (k) of this subsection to answer any questions put to him and if the Inspector considers it appropriate, to verify any such answer by declaration;

(m) require any person or persons having special, expert or professional knowledge of any matter to assist the Inspector in the examination, inquiry or tests under this Act or regulations made thereunder;


(n) require the employer or ay person who works at a workplace to render such assistance to the Inspector as the Inspector considers necessary for the performance of his functions under this Act;

(o) exercise such other powers as may be conferred on him by the regulations or as may be necessary for the performance of his functions under this Act; or

(p) an Inspector may, by notice in writing, require a person to furnish to him such information, in such form, as he reasonably requires for the purposes of this Act.

(2) On concluding an investigation, inspection or examination at a workplace, an Inspector may give to the employer, and any safety and health representative or health and safety committee concerned, information about the investigations, inspections or examinations and the steps, if any, he proposes to take as a result of that investigation, inspection or examination.

(3) In exercising any of his powers under this Act an Inspector may be accompanied by any other person, including a Police Officer, whose assistance the Inspector considers necessary, and that person may do such things as are necessary to assist the Inspector in the performance of his functions, and anything so done shall be deemed to have been done by the Inspector.

30.–(1) Every register or record kept in pursuance of this Act shall be preserved and kept available for inspection by an inspector for at least five years after the date of the last entry in the register or record, or for such other period as may be prescribed for any class or description of register or record, except in the case of a health record, the record shall be kept for at least twenty-five years.

(2) Where an employer who holds health records in accordance with subsection (1) ceases to trade, he shall forthwith notify the Authority thereof in writing and offer these records to the Authority.

31.–(1) An inspector or other person employed for the purpose of this Act

shall not disclose –

(a) information relating to commercial operations or trade processes;

Preservation of record

Confidentiality


(b) information relating to the personal affairs of a person; or

(c) the name of a person who has made a complaint to an inspector in relation to health and safety, the person shall not disclose that information unless –

(i) the disclosure is necessary for the proper performance of official duties;

(ii) the disclosure is made with the consent of the person who furnished the information; or

(iii) the disclosure is required by a court or tribunal constituted by law.


32. Every inspector shall, upon visiting work place, produce the prescribed certificate of appointment, identifying himself as an inspector, to the employer.

PART V

Inspections and Notices

33.–(1) Where an Inspector is of the opinion that a person-

(a) is contravening any of the provisions of this Act or regulations made thereunder; or

(b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

he may serve on that person an improvement notice stating that he is of that opinion, specifying the provision or provisions in respect of which he is of that opinion, giving particulars of the reasons why he is of that opinion and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within seven days of the date of the improvement notice.

(3) A person-

(a) to whom an improvement notice is issued and in relation to which an appeal has not been made under section 38; and

Identification of inspector.

Inspector may issue improvement notice


(b) who fails to comply with the improvement notice,

commits an offence.

34.–(1) Where an Inspector is of the opinion that at a workplace there is occurring or may occur an act which involves or will involve an immediate threat or risk to the safety of a person or risk of bodily injury, the Inspector may issue to the person who has or which he reasonably believes has control over the act or the activity in which the act may occur a prohibition notice prohibiting the continuation of the act or the carrying out of the activity until, the Inspector certifies in writing that the immediate threat or risk has been removed or, in his opinion, the act will not occur.

(2) A prohibition shall –

(a) state that the Inspector is of the opinion that in the workplace there is occurring or may occur an act which involves or will involve an immediate threat or risk to the safety or health of such person;

(b) state the reasons for that opinion;

(c) specify the act which, in the Inspector’s opinion, involves or will involve the risk and the matters which give or will give rise to the risk; and

(d) where in the Inspector’s opinion the act involves or will involve a contravention or likely contravention of this Act, specify the relevant provision and state the reasons for that opinion.

(3) A person –

(a) to whom a prohibition notice is issued and in relation to which an appeal has not been made under section 38 ; and

(b) who fails to comply with the prohibition notice,

commits an offence.

(4) Where an appeal has been made under section 38, against a prohibition notice, the Inspector shall not certify under subsection (1) until after the appeal is withdrawn or decided.

(5) Where an Inspector issues a prohibition notice in respect of an act relating to the use of any plan at a workplace, the Inspector may place a

Inspector may issue prohibition notice


mark on the plan, or any part of the plan, to indicate that the plan, or the part so marked, is not to be used until the Inspector certifies, under subsection (1), in respect of the act which the prohibition notice was issued.

(6) A person who –

(a) uses any plan, or part of any plan, on which a mark has been placed; or

(b) without the permission of the Inspector, removes, obliterates or otherwise interferes with a mark placed on any plan, or a part of any plan, under subsection (5),

commits an offence.

35.–(1) An Inspector may serve a penalty notice to a person if it appears to the Inspector that the person has committed an offence under this Act.

(2) Where the prescribed penalty fee is paid under this section, that person is not liable to any further proceedings for the alleged offence.

(3) Payment under this section shall not be regarded as an admission of liability for the purpose of, nor in any way as affecting or prejudicing, any civil claim, action or proceedings arising out of the same occurrence.

(4) The prescribed regulations may provide for –

(a) an offence for which a penalty notice may be issued;

(b) the amount of penalty fee payable for the offence if dealt with under this section; and

(c) different amounts of penalty fees for different offences or classes of offences.

(5) The penalty fee prescribed under this section for an offence shall

not exceed the maximum amount of penalty which could be imposed for the

offence by a court.

36. For the purposes of sections 33, 34 and 35, a notice may be issued to a person by—

(a) delivering it personally to the person;

(b) leaving it at the person’s usual or last known place of residence or business with some other person, apparently

Inspector may issue penalty notice

Issuing of notices


resident or employed there and who is apparently in charge or in a position of authority; or

(c) service by post.

37.–(1) An Inspector may include in an improvement notice or a prohibition notice or a penalty notice directions as to the measures to be taken to remedy the matters to which the notice relates.

(2) A direction under subsection (1) of this section may–

(a) refer to a code of practice; and

(b) offer the person to whom it is issued a choice of ways in which to remedy the matters to which the notice relates.

38.–(1) A person to whom an improvement notice or a prohibition notice is issued, may, within seven days of the date of the notice or such further time as the Authority allows, appeal in writing to the Minister who may, after considering the appeal, by order in writing confirm, revoke or vary the notice.

(2) Pending the decision by the Minister on an appeal under subsection (1), the operation of the notice shall –

(a) in the case of an improvement notice, be suspended; or

(b) in the case or a prohibition notice, continue unless the Minister decides otherwise.

(3) Where–

(a) the Minister affirms an improvement notice or a prohibition notice or affirms such a notice with modifications; and

(b) the person to whom the notice was issued does not comply with the notice as so affirmed or modified ,

that person commits an offence.

39. A person who—

(a) obstructs an Inspector in the exercise of his powers under this or any other Act or induces or attempts to induce a person to do so;

Notices may include directions

Appeals against notices

Offences in relation to investigations


(b) conceals the location or existence of a person or any plant or substance from an Inspector; or

(c) in any other way, hinders, impedes or opposes an Inspector in the performance of the Inspector’s functions or exercising of his powers under this or any other Act,

commits and offence.

PART VI

Workplace Arrangements

40.–(1) An employer who employs twenty or more workers at a workplace shall establish a committee for that workplace.

(2) Any employer who contravenes this section commits an offence.

41.–(1) A committee shall consist of—

(a) the persons elected by the workers in accordance with the regulations; and

(b) the persons nominated by the employer.

(3) The size and function of a committee shall be prescribed by regulations.

(4) A person is not eligible for election or nomination, as member of a committee for a workplace unless he is a worker who works at the workplace, and the persons nominated by the employer shall include persons having the authority of the employer to give effect to such matters as the committee might reasonably resolve in connection with the safety and health of persons at the workplace.

(5) The committee may determine its own procedures.


42.–(1) A committee may for the purpose of safety and health at a

workplace—

(a) monitor all safety and health matters in the whole or any part of the workplace;

Duty of Employer to establish committees

Composition of committees

Functions of committees


(b) inspect the workplace at any time after giving reasonable notice to the employer;

(c) in the event of any accident, hazardous situation, dangerous occurrence or immediate threat or risk to the safety and health of any person, it shall immediately facilitate necessary procedures under Part IX ;

(d) accompany any Inspector during an inspection of workplace;

(e) with the consent of the workers, be present at any interview between a worker and an Inspector or between the employer or the representative of the employer and a worker concerning safety and health;

(f) investigate on behalf of the Inspector complaints relating to occupational safety and health made by workers in the workplace;

(g) consult and cooperate with employer on all matters relating to the safety and health of persons in the workplace;

(h) liaise with the workers regarding matters concerning their safety and health in the workplace;

(i) facilitate cooperation between the employer and the workers in relation to safety and health at workplace;

(j) assist in the formulation, review and dissemination (in such languages as are appropriate) to workers of the safety and health practices, procedures and policies that are to be followed at the workplace; and

(k) investigate any matter at the workplace which has been brought to the attention of the employer.

(4) A committee member incurs no civil liability arising from his performance of, or failure to perform, any function of the committee.

43.–(1) Any employer or worker may apply to the Chief Inspector to have a committee member to be disqualified on any one or more of the following grounds –

Disqualification of committee members.


(a) that the committee member has performed any function or duty under this Part—

(i) with the intention of causing harm to the employer or the employer's undertaking: or

(ii) unreasonably, capriciously or otherwise than for the purpose for which the power was conferred on the committee member;

(b) that the safety and health committee member has intentionally used or disclosed to another person any information acquired from the employer for a purpose which is not connected with the performance of any function or duty under this Part;

(c) that the person is considered to no longer represent the majority of the workers.

(2) Where the [Chief Inspector] is satisfied that a safety and health committee member or inspector has acted in the manner referred to in subsection (1), the [Chief Inspector] may disqualify the committee member or inspector for a specified period or permanently.

(3) For the purpose of determining what (if any) action he should take under subsection (2), the [Chief Inspector] shall take into account—

(a) what (if any) harm was caused to the employer or the employer’s undertaking by or as a result of the action of the committee member;

(b) the past record of the committee member in performing any functions and duties under this Part;

(c) whether the action of the committee member or inspector was contrary to the public interest;

(d) the committee member’s or inspector’s submission; or

(e) other matters he considers relevant.

44.–(1) An employer shall—

(a) consult the committee on the occupational safety and health

Responsibilities of 'employers to committees


practices, procedures or policies that are to be followed at the workplace and on proposed changes to these practices, procedures or policies;

(b) at the request of the worker, permit a committee member to be present at any interview concerning occupational safety or health between the employer (or a representative of the employer) and a worker in the workplace that the committee represents.

(c) permit a safety and health representative or committee member to accompany an Inspector during an inspection of the workplace;

(d) permit committee member to have access to such information as the employer possesses-

(i) relating to hazard and associated risks that arise;

(ii) concerning the safety and health of the workers of the employer, and, when requested to do so, supply a copy of that information to the committee;

(e) immediately notify the committee members of the occurrence of an accident, injury, dangerous occurrence, threat, risk, hazardous substance or hazardous substance

(f) provide such other facilities and assistance to the committee as are necessary to enable them to perform their functions under this Act and regulations made thereunder.

(2) An employer is not required to give to committee member under subsection (1) (d) –

(a) information that is privileged on the ground of legal professional privilege;

(b) personal information regarding the health of a worker without the consent of the worker; or

(c) information that is relevant to proceedings that have been commenced under this Act and regulations made thereunder.

(3) An employer shall permit the committee or any of its members to the workplace which the employer manages to take such time off from work with pay as is necessary for the purposes of performing their functions or duties or taking part in any course of training relating to occupational safety


and health which is approved by the Minister on the recommendation of the Authority.

45.–(1) At a construction site or other workplace where no committee is required, and where the number of workers regularly exceeds five but does not exceed nineteen, 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.

(2) Any disagreement about the appointment of a safety and health representative shall be resolved in accordance with prescribed regulations.

(3) A person shall cease to be a health and safety representative upon—

(a) ceasing to be a worker;

(b) resigning as a safety and health representative; or

(c) being disqualified under section 43(3).

PART VII

Prohibitions Against Reprisals and Related Activities

46.–(1) An employer shall not dismiss a worker or act in any way detrimental to a worker for the reason only that the worker –

(a) assists or has assisted or gives or has given information to an inspector;

(b) makes or has made a reasonable complaint in relation to safety and health to the employer or to the Authority or the Inspectors;

(c) ceases work under section 45; or

(d) has exercised his functions as a member of the joint workplace safety health committee or is a safety and health representative.

(2) Where the worker has complained that an employer or person acting on behalf of an employer has contravened subsection (1), the employer may either have the matter dealt with by final and binding

Safety and health representative

Reprisal against workers


settlement, or the worker may file a complaint with the Authority for redress.

(3) Where a worker elects to file a complaint for redress against an employer under subsection (2), the Authority shall after consideration of any relevant labour law investigate the complaint and make a determination on the complaint within ninety days of the receipt of the complaint.

(4) An employer shall have the onus of disposing any complaint referred to in subsection (1) during an inquiry by the Authority pursuant to subsection (3).

48.–(1) A person shall not, by intimidation or by any other act or omission, intentionally hinder or obstruct or attempt to hinder or obstruct, without reasonable excuse:-

(a) the giving or receiving of aid in respect of the injury or illness of a person at work; or

(b) the doing of an act or thing to avoid or prevent a risk to the safety or health of a person at work.

(2) A person at work shall not, without reasonable excuse, refuse any reasonable request:-

(a) for assistance in the giving or receiving of aid in respect of the injury or illness of any person at work; or

(b) for the doing of any act or thing to assist in the avoidance or prevention of a risk to the safety or health of any person at work.


48.–(1) A person shall not, without reasonable excuse, deliberately create a risk, falsely create fear of risk or create the appearance of risk to the committee at a place of work with the intention of causing a disruption of work at workplace.


Obstruction in respect of injured workers

Prohibition of false creation of safety and health fears.


49. Where a person is convicted of an offence against this section, the court by which he is convicted may, in addition to imposing a penalty on the person—

(a) order the convicted person to pay within a specified period such amount as it thinks fit to compensate the person against whom the offence was committed; or

(b) order that the worker be reinstated or re-employed in the worker's former position or, where that position is not available, in a similar position.

50. Without prejudice to any provision of this Act providing otherwise, a worker may refuse to work or do particular work where he has reasonable justification that –

(a) any equipment, machinery, device or article the worker is to use or operate presents an imminent and serious danger to the safety, health or life of that worker, or another woker or the general public;

(b) he physical condition of the workplace or the part thereof in which he works or is to work presents an imminent and serious danger to the life or health of himself, another worker or the general public; or

(c) any equipment, machinery, device or article he is to use or operate or the physical condition of the workplace or the part thereof in which he works or is to work is in contravention of this Act or regulations made thereunder and such contravention presents an imminent and serious danger to the life or health of himself, another worker or the general public.

51.–(1) Section 50 does not apply –

(a) where circumstance described in that section is inherent in the workers’ work, or is a normal condition of the workers’ employment;

(b) where the worker’s refusal to work would directly endanger the life, safety or health of another person;

(c) in restricted circumstances prescribed by regulations;

Remedies for discrimination against workers

Circumstances where a worker can refuse to work.

Circumstances where a worker cannot refuse to work.


(d) to workers performing essential services as defined in the Settlement of Disputes in Essential Services Act, Chapter 298;

(e) to members of the security services as defined in section 110D (2) of Belize Constitution, Chapter 4;

(f) to prison officers and officers of the fire department; or

(g) to workers of a hospital, sanatorium, nursing home, home for the aged, psychiatric institution, mental health institution ambulance service, first aid clinic or station, food service, power plant, or technical service or facility, or a telecommunications service or facility.

(2) Notwithstanding subsection (1), the employer shall take reasonable precaution in the circumstances for the protection of his workers, including the provision of-

(a) personal and general safety gears or equipment; and

(b) appropriate and relevant training of the worker.

52.–(1) Where a worker refuses to work or to do particular work, the worker shall forthwith report the refusal to the employer or supervisor who shall forthwith investigate the report in the presence of the worker, the committee, or the safety and health representative or the representative of the employer if any or a worker who because of the knowledge, experience and training is selected by a trade union, who is selected by the worker to represent him.

(2) An investigation of a refusal to work under subsection (1) shall be referred to as a near miss investigation.

(3) Until the investigation referred to in subsection (1) is completed, the worker shall remain in a safe place near his work station.

(4) A worker who refuses to work under subsection (1) shall be deemed to be at work, and the employer shall pay his regular or premium rate of emoluments, as may be proper, for the period when the investigation referred to in subsection (2) is being carried out.

53–(1) Where, following the near miss investigation or any remedial action taken by the employer or supervisor to deal with the circumstances that caused the worker to refuse to work or do particular work under section 52, the worker has reasonable justification to believe that-

Reporting a work refusal—stage 1 investigation

Refusal of worker to work—stage 2 investigations


(a) the equipment, machinery, device or article that was the cause of the refusal to work or do particular work continues to present an imminent and serious danger to life or health of himself, another worker or the general public;

(b) the physical condition of the workplace or the part thereof in which he works continues to present an imminent and serious danger to the life or health of himself, another worker or the general public; or

(c) any equipment, machinery, device or article he is to use or operate or the physical condition of the workplace or the part thereof in which he works or is to work is in contravention of this Act or regulations made thereunder and such contravention continues to present an imminent and serious danger to the life or health of himself, another worker or the general public the worker may refuse to work or to do the particular work and the employer or the worker or a person on behalf of the employer or worker shall notify the Inspector thereof without delay.

(2) Subject to the provisions of subsection (3), an Inspector shall investigate the refusal to work in the presence of the employer or a person representing the employer, the worker and if there is such, the person mentioned in section 52(1).

(3) An Inspector may proceed with an investigation in the absence of any person referred to in subsection (2) if that person chooses not to be present.

(4) The Inspector shall follow the investigation referred to in subsection (2) and (3), and decide whether the equipment, machinery, device, article or the place or part thereof presents an imminent and serious danger to the life or health of the worker or another person.

(5) The Inspector shall give his decision in writing as soon as is practicable, to the employer, the worker and if there is such, the person mentioned in section 52(1).

(6) During the investigation and decision of the Inspector, the worker shall remain at a safe place near his work station during the worker’s normal working hours unless the employer, subject to the provisions of a collective agreement, if any, assigns to the worker any reasonable alternative work during such hours, or where an assignment or reasonable alternative work is not practicable, gives other directions to the worker.

(7) during the investigation and decision of the Inspector, no worker shall be assigned to use or operate the equipment, machinery, device or


article or to work in the workplace or in the part of the workplace being investigated as long as there is continuing imminent and serious danger to the life of health of any worker or other person and after the employer or supervisor has taken remedial action, to deal with the circumstances that caused the worker to refuse to do the work or the particular work.

(8) Subject to subsection (9), a worker who refuses to work under this section shall be deemed to be at work and the employer shall pay him the regular or premium rate of the emoluments, as may be proper, for the period when the worker refused to work to the time the Inspector gives his decision.

(9) If the Inspector decides under subsection (5) that the equipment, machinery, device, article or workplace or part thereof does not present an imminent and serious danger to the life, health or safety of the worker, another person or the general public, then the worker shall not be paid emoluments under subsection (8).

(10) For workplaces within Belize, registered or government owned ships or aircrafts of any kind, when the ships or aircrafts are moving within or outside the territorial waters or airspace of Belize or when berthed in a seaport or airport not within the territorial waters or airspace, the ―inspector‖ or ―supervisor‖ referred to under this Act shall be the captain of the ship or the pilot of the aircraft, whichever is applicable in these cases-

(a) the captain of the ship or the pilot of the aircraft shall, in the interim, resolve any imminent or serious danger to life or health of the worker occurring thereto;

(b) the captain of such ship or the pilot of such aircraft shall relay to the Chief Inspector the information on his interim resolution on the matter as soon as possible on arrival in Belize seaport or airport.

(c) the Chief Inspector shall deliver his substantive decision or order on the interim resolution made by the captain of the ship or the pilot of the aircraft as he considers just and appropriate in the circumstances.

(d) where any party is aggrieved with the decision or order of the Chief Inspector made under subsection (10)(b) such aggrieved party may appeal to the Minister within three days after the decision of the Chief Inspector of the resolution relayed to him.

(e) The Authority shall make a decision in respect of the appeal made to it and make such order or orders as it considers just and appropriate in the circumstances.


54.–(1) An employer, worker, or a committee at a workplace where the worker refuses to work or to perform a particular type of work under section 53, who is aggrieved with any decision of the inspector in respect of such refusal to work may appeal against such decision in writing to the [Chief Inspector.]

(2) An appeal under subsection (1) shall be made within three days after the decision complained of is made.

(3) The Chief Inspector shall make a decision in respect of the appeal, and may make such order or orders as he considers just and appropriate in the circumstances.

(4) Where any party is aggrieved with the decision of the [Chief Inspector] made under subsection (3), such aggrieved party may appeal to the Authority within three days after the decision of the [Chief Inspector] of the complaint appealed to him.

(5) The Authority shall make a decision in respect of the appeal made to it and make such order or orders as it considers just and appropriate in the circumstances.

PART VII

Hazardous Substances, Chemicals, Biological Agent or Physical Agent

55.–(1) Where a hazardous substance, chemical, biological agent or physical agent , is used or is intended to be used in a workplace and its presence in the workplace or the manner and extent of its use in the workplace, is in the opinion of the Authority likely to endanger the safety or health of a worker, the Authority shall instruct the Chief Inspector to notify the employer in writing, and order that the use, intended use, presence or manner of use of such hazardous substance, chemical, biological agent or physical agent as the case may be, shall be;

(a) prohibited;

(b) limited or restricted in such manner and to the extent prescribed;

(c) subject to such conditions regarding administrative control, work practices, engineering controls and standards, and time limits for compliance as may be prescribed for that purpose.

Appeals against decisions relating to work refusal

Powers to prohibit or restrict hazardous substances, chemicals, biological agents or physical agents.


(2) Before an order referred to in subsection (1) is made, the Authority shall consider –

(a) whether the hazardous substance, chemical, biological agent or physical agent or a by- product thereof is known to be a source of danger to safety or health;

(b) the quantities of the hazardous substance, chemical, biological agent or physical agent, or a combination thereof that is used, intended to be used, or present at the workplace;

(c) the number of workers exposed or to be exposed to the hazardous substance, chemical, biological agent or physical agent, or a combination thereof, and the extent of such exposure;

(d) the availability of alternative processes, hazardous substances, chemicals, biological agent or physical agents or equipment which may achieve or produce the same or a substantially similar result achieved or produced by the hazardous substance, chemical, biological agent or physical agent, or a combination thereof;

(a) available data and information regarding the effect of the hazardous substance, chemical, biological agent or physical agent, or a combination thereof on safety or health; and

(b) any criteria or guidelines with respect to the exposure of a worker to the hazardous substance, chemical, biological agent or physical agent, or a combination or by-product thereof that are prescribed by regulations for that purpose.

(3) An order under subsection (1) shall,

(a) identify the type of hazardous substance, chemical, biological agent or physical agent and the manner and extent of use that is the subject of the order;

(b) state the findings (if any) of the Authority in respect of the risk to health or safety of workers posed by the hazardous substance, chemical, biological agent or physical agent or the combination thereof;


(c) state the reasons of the Authority in directing the making of the order, including the matters or causes that gave rise to the order.

(4) On receipt of the order made under subsection (1), the employer shall –

(a) provide a copy of the order to the committee, and to the trade union, if any, and

(b) cause a copy of the order to be posted in a conspicuous place in the employer’s 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 hazardous substance, chemical, biological agent or physical agent, or a combination of such hazardous substance, chemical biological agent and physical agents.

(5) An employer, worker, or trade union aggrieved by an order made under subsection (1) may appeal in writing to the Authority within fourteen days of the making of the order. [The order was issued on the instruction of the Authority. review?]

56.–(1) Except for purposes of research and development, no person shall manufacture, distribute or supply for commercial, agricultural or industrial use in a workplace any new hazardous substance, chemical, biological agent or physical agent unless the person first submits to the Authority notice in writing of the person’s intention to manufacture, distribute or supply such hazardous substance, chemical, biological agent or physical agent.

(2) The Authority may designate a suitably qualified person, at the expense of the manufacturer, distributor or supplier, to assess any new hazardous substance, chemical, biological agent or physical agent referred to in subsection (1), and to make a report thereon for the consideration of the Authority.

(3) No new hazardous substances , chemicals, biological agent or physical agents shall be manufactured, distributed or supplied for agricultural, commercial or industrial use except with the prior written permission of the Authority.

(4) A hazardous substance, chemical, biological agent or physical agent is new for the purposes of this section if it is manufactured, distributed or supplied for the first time in Belize after the commencement of this Act.

New hazardous substances, chemicals, biological agent or physical agents.


57.–(1) An employer shall make or cause to be made and maintained, an inventory in the prescribed form, of all hazardous substances, chemicals, biological agent and physical agents, materials and any combinations thereof that are present at a workplace of the employer.

(2) The inventory required by subsection (1) shall ,

(a) contain such information as may be prescribed, including

(i) toxic properties, including both acute and chronic health effects in all parts of the body;

(ii) hazardous substance with characteristics of chemical, biological agent or physical agents, including flammable, explosive, oxidizing and dangerously reactive properties;

(iii) corrosive and irritant properties;

(iv) allergic and sensitizing effects;

(i) carcinogenic effects;

(ii) teratogenic and mutagenic effects; and

(iii) effects on the reproductive system;

(b) be prepared in consultation with committee and the Authority, or a worker selected by the workers to represent them, if there is no committee;

(c) be kept current at all times;

(d) be open to examination by a worker or an Inspector.

(3) The employer shall keep readily accessible at the right-to-know station of a workplace a floor plan, as prescribed, showing the names of all hazardous substances, chemicals, biological agent and physical agents and their locations.

58.–(1) An employer shall –

(a) ensure that all hazardous substances, chemical, biological agent and physical agents present in the workplace are labeled in a way easily understandable to the workers, or are identified in the prescribed manner;

Inventory of hazardous substances, chemical, biological agents and physical agents.

Employer to supply information on hazardous substances, chemical, biological agent and physical agents to workers.


(b) obtain or prepare, as may be prescribed, an unexpired material safety data sheet for all hazardous substances, chemical, biological agent and physical agents present in the workplace;

(c) ensure that the identification required in paragraph (a) and material safety data sheets required in paragraph (b) are available in English and Spanish and such other prescribed languages;

(d) ensure that when hazardous substances, chemicals, biological agent and physical agents are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use, and any safety precautions to be observed, as per guidelines for the transportation of dangerous goods;

(e) ensure that information is provided on the handling and disposal of hazardous substances, chemicals, biological agent and physical agents which are no longer required or are expired, and containers which have been emptied but which may contain residues of hazardous substances, chemicals, biological agent or physical agent so that the risk to safety and health and to the environment is eliminated or minimized.

(2) A person who removes a label or identification required under subsection (1) (a) commits an offence.

(3) An employer shall ensure that a hazardous substance, chemical, biological or physical agent is not used, handled or stored at a workplace unless the prescribed requirements concerning identification, hazardous substance, chemical biological agent and physical agents’ safety data sheets and worker instructions and training are met.

59.–A copy of inventory of the hazardous substances, chemicals, biological agent and physical agents and any copy of the information an employer is required under this Part to provide to an worker shall be,

(a) made available by the employer in the workplace in such a manner as to allow examination by the workers;

(b) furnished by the employer to the committee or the safety and health representative, as the case may be;

(c) furnished by the employer on request or if so prescribed to a designated medical officer of health;

Access to information on hazardous substances, chemical, biological agent and physical agents.


(d) furnished by the employer on request or if so prescribed to the fire department which serves the location in which the workplace is located; and

(e) filed by the employer with the Authority on request or if so prescribed.

60.–(1)The Authority may direct the Inspectorate to require an employer, prior to manufacturing, producing, distributing, supplying or using any hazardous substances, chemicals , biological agent or physical agents in a workplace, to cause a hazardous substances, chemical, biological agent or physical agents assessment to be done by a suitably qualified person or organization at the workplace and at the employer’s expense.

(2) A report of an assessment referred to in subsection (1) shall be in writing and a copy thereof shall be,

(a) made available by the employer to the workers in a workplace;

(b) posted by the employer in the right-to-know station;

(c) furnished by the employer to the committee, or the safety and health representative, as the case may be; and

(d) furnished by the employer to the Inspectorate and the Authority.

61.–(1) A person who distributes or supplies, directly or indirectly, or manufactures, produces or designs an article for use in the workplace that causes, emits or produces a hazardous substance, chemical, biological agent or physical agent when the article is in use or operation shall ensure that such information is contained in the material safety data sheet.

(2) Where an employer has in the workplace an article described in subsection (1), the employer shall ensure that the information referred to in that subsection is available at the right-to-know station.

(3) An employer shall post notices in a conspicuous place identifying and warning of the hazardous substance, chemical, biological agent or physical agent in the part of the workplace in which the article is used or operated, or is to be used and operated.

(4) A notice referred to in subsection (3) shall contain such information as may be prescribed and shall be in English and Spanish and such other language or languages as may be prescribed.

Hazardous substances, chemical, biological agent and physical agents’ assessment.

Hazardous physical substance, chemical, biological agent or physical agent notice.


62.–(1) In addition to providing information and instructions to a worker as required under this Act, an employer shall also ensure that a worker exposed or likely to be exposed to hazardous substance, chemicals, biological agent or physical agents receives or participates in such training as may be prescribed and identified in the material safety data sheet.

(2) The instructions and training referred to in subsection (1) shall be developed and implemented by the employer in consultation with the Authority, the Ministry of Health and the committee for the workplace.

(3) An employer shall review, in consultation with the Authority and the committee, the instructions and training provided to a worker and the worker’s familiarity therewith at least annually.

(4) The review referred to in subsection (3) shall be held more frequently if –

(a) the employer, on the advice of the Authority and the committee, if any, for the workplace, determines that such review is necessary;

(b) there is a change in circumstances that may affect the safety or health of a worker; or

(c) there is risk of bodily injury, an accident or a near miss investigation.

63.–(1) An employer may file a claim with the Authority, for an exemption under this Act from disclosing any information required under this Act in an inventory, label, or material safety data sheet, or form disclosing the name of a toxicological study used by the employer to prepare a material safety data sheet on the grounds that it is confidential business information and that disclosure of such information to a competitor would be liable to cause harm to the employer’s business so long as –

(a) the safety and health of a worker is not compromised thereby;

(b) the ability of emergency and medical personnel to diagnose and treat cases of exposure to hazardous substances, chemicals, biological agent or physical agents, or a combination thereof is not compromised thereby; and

(c) there is no adverse effect on the environment.

(2) The Authority shall consider every claim made under subsection (1), and shall make a determination thereon, which shall be communicated to the employer.

Hazardous substances, chemical, biological agent and physical agents training.

Exemption from disclosure of certain information.


(3) Upon the filing of a claim under subsection (1), the information contained in the claim shall be deemed to be confidential business information until a determination is made under subsection (2), and shall continue to be confidential business information if the Authority determines that the claim is valid.

64.–(1) The Chief Inspector may establish a Belize Hazardous Substances , Chemicals, Biological Agents and Physical Agents Inventory.

(2) The Authority, with the approval of the Minister may, decide that persons importing, manufacturing or supplying a hazardous substance, chemical, biological agent or physical agent which is not listed on the inventory, shall notify and provide prescribed information on the health, safety or environmental effects of the hazardous substances, chemicals, biological agent or physical agents not listed on the Inventory to the Chief Inspector

(3) An application under subsection (2) shall be accompanied by payment of a prescribed fee.

(4) The Chief Inspector shall make arrangements for the Belize Hazardous Substances, chemicals, Biological Agents, and Physical Agents inventory to be opened for inspection by the public.

65.–(1) Where the Chief Inspector has reasonable grounds for believing that the manufacture, handling, storage, use or disposal of an and hazardous substance, chemical, biological agent or physical agent gives or may give rise to a risk of adverse health effects or adverse environmental effects, the Chief Inspector may recommend to the Authority that the hazardous substance, chemical, biological or physical agent be declared a priority existing hazardous substance, chemical, biological agent or physical agent.

(2.) Where the Chief Inspector makes a recommendation under subsection (1) about a hazardous substance, chemical, biological agent or physical agent, the Minister may by notice in the Gazette, declare such to be a priority existing hazardous substances, chemicals, biological agent or physical agents, as the case may be.

(3) A declaration under subsection (2) may be expressed to apply to a material deemed to be a hazardous substance, chemical, biological agent or physical agent either generally or only when the material is –

(a) used for a specified purpose; or

(b) manufactured, handled, stored, used or disposed of in a specified geographical area or a specified circumstance.

Notification and assessment of new hazardous substances, chemical, biological agent and physical agents.

Declaration of hazardous substances, chemical, biological agent or physical agents for priority assessment.


(4) For the purposes of assessing a priority existing hazardous chemical, biological agent or physical agent , the Chief Safety and Health Inspector may, by notice in the Gazette, require a person (in this section called the "notifier") to whom the notice applies, to provide information for assessment about the hazardous substance, chemical, biological agent or physical agent in accordance with the regulations".

(5) The Chief Inspector shall maintain a list of priority existing hazardous substances, chemicals, biological agents and physical agents list and may publish the list in the Gazette at least once a year.

(6) A notifier shall not, without reasonable, excuse, refuse or fail to comply with the notice.

(7) A notifier who contravenes subsection (4) commits an offence.

66.–(1) The matters addressed in the assessment report may be prescribed by regulations.

(2) Assessment reports published under any nominated foreign assessment scheme, prescribed by regulation, will be accepted assessment reports for the purposes under this Act.

(3) Assessment reports published under a nominated foreign scheme may be varied by the Chief Inspector to ensure that the report and the recommendations in the report properly reflect local conditions, and any recommended control measures are relevant and practicable.

67.–(1) An assessment report for hazardous substances, chemicals, biological agents and physical agents shall be published no later than eighteen months after it has been declared for priority assessment.

(2) The Authority may extend this time specified in subsection (1) by six months on special request by the Chief Inspector.

(3) The Chief Inspector shall make arrangements to publish Assessment Reports, and shall provide notice in the Gazette that a report is published.

(4) A hazardous substance, chemical, biological agent or physical agent shall no longer be a priority hazardous substance, chemical, biological agent or physical agent once notice of its publication is made in the Gazette informing that the priority no longer exists.

PART IX

Assessment reports for hazarduous substances and chemicals.

Publication of assessment report.


Notification of Occupational Safety and Health Accidents and Diseases

68.–(1) In this Part,

(a) ―critical injury‖ means an injury of a serious nature that

(i) places a life in jeopardy or produces unconsciousness;

(ii) results in substantial loss of blood;

(iii) involves the fracture of a leg or arm but not a finger or toe;

(iv) involves the amputation of a leg, arm, hand or foot but not a finger or toe;

(v) consists of burns to a major portion of the body;

(vi) causes the loss of sight in an eye; or

(vii) the person dies.

(b) ―critically injured‖ means a person who has received a critical injury of any nature described in paragraph (a).

(2) Where a person is killed or is critically injured from any cause at a workplace, the employer shall notify the Chief Inspector by the quickest means possible, and the committee, and trade union, if any, immediately of the accident by the most reliable means or other direct means and the employer shall, immediately after the occurrence, send to the Chief Inspector a written report of the circumstances of the accident containing such information and particulars as may be prescribed in regulations for that purpose.

(3) Where any critical injury is notified under subsection (1), and after such notification, the accident results in the death of the person who received the critical injury, the employer shall notify the Chief Inspector, and committee, and trade union, if any, of the death by telephone, electronic mail or other direct means as soon as the fact of the death comes to the knowledge of the employer, and the employer shall, immediately after learning of the death, send to the Chief Inspector a written notification of the death containing such information and particulars as may be prescribed in Regulations for that purpose.

(4) Where any critical injury occurs to a worker whose services are for the time being temporarily lent to another person by the employer, the

Notification of accidents and other diseases.


duties specified in this section for the employer apply to that person, and the employer shall not be liable under the provisions of subsections (1) and (2) unless it is established that he knew of the incident that caused the death or critical injury of the worker.

(5) Where a person dies as a result of a critical injury or is critically injured at a workplace, no person shall, except for the purpose of,

(a) saving life or relieving human suffering;

(b) maintaining an essential public utility or service; or

(c) preventing unnecessary damage to plant, equipment or other property,

interfere with, disturb, destroy, alter or carry away any wreckage or article at the scene of or connected with the death until permission so to do has been given by an Inspector or police officer in command, who may be investigating the cause of death, as the case may be.

(6) Where an incident mentioned in subsection (7) has occurred at a workplace which did not cause death, no person shall, except for the purposes of –

(a) saving life or relieving suffering;

(b) maintaining an essential public utility service or a public transportation system; or

(c) preventing unnecessary damage to equipment machinery, device, article or other property,

interfere with, disturb, destroy, alter or carry away any wreckage of the equipment, machinery, device or article at the scene of or connected with the occurrence until permission so to do has been given by an Inspector.

(7) Where an accident, explosion or fire causes injury to a person at a workplace whereby the person is unable to perform his usual work or requires medical attention, and such accident, explosion or fire does not cause death or critical injury leading to the disability of any person, the employer shall, give notice in writing within four days of the occurrence of such accident, explosion or fire, to the Chief Inspector, and committee, trade union, if any, containing such information and particulars as are prescribed.

69. The employer shall maintain or cause to be maintained separate registers for ―accidents‖, ―incidents‖ and ―near misses‖ in a form prescribed in the regulations as follows –

Employer to maintain registers.


(a) ―Register of Accidents‖

(b) ―Registrar of Incidences‖

(c) ―Registrar of Near Misses‖;

(d) ―Register of Deaths and Critical Injuries‖; and

(e) any other register required by regulations.

70. (1) Where an employer is advised by or on behalf of a worker that-

(a) the worker has an occupational disease ; or

(b) a claim in respect of an occupational disease is filed with the Belize Social Security Board by or on behalf of a worker,

the employer shall give notice in writing, within four days of being so advised, to the Chief Inspector, to the committee, and to the trade union, if any, containing such information and particulars as are prescribed.

(2) Subsection (1) applies, with the necessary modifications, if the Chief Inspector is advised by or on behalf of a former worker, or company, that the worker has or had an occupational disease, or that a claim in respect of an occupational disease is filed with the Belize Social Security Board by or on behalf of that former worker.

(3) Notwithstanding subsection (1), every medical practitioner attending or called in to visit a patient whom it is believed to be suffering from occupational disease contracted in the course of his employment shall, unless the notice referred to in subsection (1) was previously sent in respect of the patient, forthwith send a notice in writing to the Chief Inspector stating the name and address of the patient and the occupational disease from which, in the opinion of such medical practitioner, the patient is suffering, and the name and address of the place at which, and of the employer by whom, he is or was last employed.

(4) Notwithstanding subsection (1), any employer who believes or suspects or has reasonable grounds for believing or suspecting that a case of occupational disease has occurred among the workers employed by him shall forthwith send a written notice of such case, in the prescribed form and accompanied by the particulars as prescribed, to the Chief Inspector and to the committee or trade union, if any, and the provisions of this Act relating to the notification of occupational disease shall apply to any such case.

Occupational disease.


71. Every employer at the workplace or such other persons as are prescribed shall maintain, in the prescribed form, a record of accidents, critical injury, incidents and other matters as prescribed by the regulations.

72.–(1) Where there are more than ten persons employed at a workplace the employer shall give notice each year of the conditions of the workplace in accordance with subsection (3).


(3) A notice in respect of a workplace referred to in subsection (1) shall–

(a) be given to such persons, within such time and in such manner as are prescribed; and

(b) be accompanied by the prescribed fee.

(4) The prescribed fee under subsection (3) may differ according to the nature of the workplace in respect of which the fee is payable.

PART X

Financial

73.-(1) For the purposes of this Act, there shall be established under the control and management of the Authority, a Fund called the National Occupational Safety and Health Fund.

(2) The purpose of the fund shall be to–

(a) secure the development and coordination of a sound and effective occupational safety and health system;

(b) implement an effective system for the prevention of occupational diseases and accidents, ill health and damage to property at workplaces;

(c) carry out research on occupational safety and health, including research on factors leading to occupational diseases and accidents;

(d) develop and disseminate information materials, such as safety posters and pamphlets, newsletters and guidance notes on occupational safety and health including the holding of safety exhibitions, and awareness creation

Record of accidents and other matters

Notification of workplaces

National Occupational Safety and Health Fund


opportunities among employers, employees and the general public; and

(e) promote occupational safety and health through the holding of annual safety award events for outstanding performance in safety and health among the employers and workers.

(3) The Fund shall be kept at such banks or other financial institutions as the Authority may from time to time determine.

(4) There shall be paid into the Fund–

(a) all rent, interest on investment or other income derived from the assets of the Fund;

(b) all sums recovered under this Act or regulations or fines, fees, penalties or costs; and

(c) any sum as may from time to time be provided by the National Assembly for any purpose of this Act;

(d) all donations, grants, assistance by any person or international organization to the Authority; and

(e) such other sums as may from time to time be accepted by the Authority on behalf of the Fund.

(3) There shall be paid out of the Fund with the approval of the Authority–

(a) loans;

(b) all expenses properly incurred in the administration of this Act or regulations;

(c) claims for benefits determined by the Authority;

(d) any other purpose not specified in this section which the Authority considers to be for the general welfare of the employee.

(4) Any moneys forming part of the Fund may be invested by the Authority in such a manner and in such securities as the Minister may direct.

74.–(1) The initial expenditure incurred in bringing this Act into force shall be defrayed out of such sums as the National Assembly may provide for that purpose;

Initial expenditure, insufficiency of funds.


(2) Any temporary insufficiency of assets of the Fund shall be met from such sums as the National Assembly may vote for this purpose by way of an advance.

75.–(1) The accounts of the Authority shall be audited annually by a suitably qualified accountant appointed by the Authority (in this Act referred to as ―the auditor‖).

(2) The auditor shall forward his report to the Authority and a copy thereof to the Minister.

(3) The Minister or an officer delegated by him shall at all reasonable times have access to the books, accounts and other documents of the Authority and may call for such explanation and information as he may require, or examine any inspector or officer of the Authority.

(4) The Minister shall cause a copy of every report submitted to him under this section to be laid before the National Assembly along with the annual report required by section 89.

76.–(1) The Authority may, with the approval of the Minister of Finance, borrow sums required by it for meeting any of its obligations or discharging any of its functions.

(2) Subject to subsection (1), it shall be lawful for the Authority to establish companies under the Companies Act Chapter 250 to raise funds for safety and health at workplace, inspections training and other infrastructural development projects that would enhance its funds.

(3) The Authority may, either directly or through companies established by it, float bonds or issue shares or debentures for the purpose of exercising its borrowing powers under this Act.

(4) Notwithstanding this section, it shall be lawful for the Minister responsible for Finance to advance from the public funds of the Authority any sum required by the Authority, on such terms and conditions as the said Minister may determine, if the said Minister is satisfied that the Authority shall be able from its ordinary revenue to repay the amount advanced within such time as he may determine.

77. (1) The Authority shall, in such form and by such dates as may be prescribed by the Financial Secretary, prepare and present to the Minister for submission to the Minister responsible for Finance estimates of income receivable and the expenditure to be incurred during each financial year (including any supplementary estimates), and the said Minister shall present

Audits and reports.

Loans

Submission of budget estimates.


the estimates to the National Assembly with such amendments, if any, as he may consider necessary.

(2) The Authority shall-

(a) after the end of each calendar year prepare a report of its activities during the last preceding year and shall furnish that report to the Minister not later than 30th June;

(b) submit to the Minister every account certified by the auditor together with the report of the auditor thereon, within one month of such certification; and

(c) submit annually to the Minister an account of the securities in which moneys of the Fund are for the time being invested.

78.–(1) Where the Minister, after considering the financial affairs of the Authority, forms the opinion that its financial affairs are not being conducted in accordance with the regulations, or that the financial position of the Authority is such that requires strengthened fiscal management and financial controls, he may, after consultation with the Authority, appoint a financial controller to oversee the financial affairs of the Authority and may direct that all disbursements from the Fund as may be prescribed shall be certified by such financial controller in order to be valid.

(2) In any case where the Minister appoints a financial controller in pursuance of subsection (1), he shall lay a report thereof on the table of the National Assembly at its next practicable sitting.

(3) In every case where the approval or certification of the financial controller is required pursuant to subsection (1), every person who makes or authorises a payment without such certification or approval is, without prejudice to any civil liability which may be incurred in that behalf, commits an offence.

PART XI

Offences, Penalties and Legal Proceedings

79.–(1) Any person who contravenes a provision of this Act, regulations made thereunder or any order or notice issued by the Authority, commits an offence against this Act and is liable on conviction -

(a) in the case of a natural person, to a fine not exceeding twenty five thousand dollars or imprisonment for a term not exceeding twelve months;

Appointment of financial controller.

General offences and penalties


(b) in the case of a corporate or unincorporated body, to a fine not exceeding two hundred and fifty thousand dollars or imprisonment for a term not exceeding thirty six months [check who will be imprisoned here].

(2) Any person who commits an offence under this Act for which no express penalty is provided shall be liable on conviction to the prescribed penalty.

(3) Subsection (1) shall not apply to offences for which a safety and health penalty notice had been issued.

(4) Where a [company] contravenes, whether by act or omission, this Act or the regulations made thereunder, each person concerned with the management of the company is taken to have contravened the same provision unless the director, employer, owner or person in control of the company satisfies the Authority that-

(a) he was not in a position to influence the conduct of the body corporate in relation to its contravention of the provisions; or

(b) being in such a position, he used all due diligence to prevent the contravention by the company,

that person may be proceeded against and convicted under subsection (2)(a) whether or not the company has been proceeded against or convicted under this Act.

80.–(1) The Chief Inspector may prosecute, conduct or defend before a magistrate’s court any charge, information, complaint or other proceeding arising under this Act, or in the discharge of his duty as Chief Inspector.

(2) It shall not be an objection to the competency of an inspector to give evidence as a witness in any prosecution for an offence under this Act that the prosecution is brought at his instances or conducted by him.

81. Subject to the provisions of the Evidence Act Chapter 95, no prosecution or proceedings under this Act may be instituted after the period of three years from the date of the alleged offence.

82. Subject to the Evidence Act Chapter 95, in any proceedings under this Act, it shall be a defence to a director, employer, owner or a person in control of a workplace that he has taken every reasonable precaution in the

Authority to prosecute

Limitation of proceedings

Employers liability for acts of workers


circumstances that the act or omission done by the worker, agent, representative, officer or supervisor of the workplace was done without his knowledge.

83.–(1) Subject to the provisions of the Evidence Act, Chapter 95 in any proceeding or prosecution under this Act,

(a) a copy of an order or decision purporting to have been made under this Act or the regulations made thereunder and purporting to have been signed by an authorized representative of the Authority;

(b) a document purporting to be a copy of a notice, drawing, record or other document, or any extract thereof given or made under this Act or the Regulations thereunder and purporting to be certified by an authorized representative of the Authority;

(c) a document purporting to certify the results of an environmental test or sample analysis and setting forth the concentration or amount of a chemical, hazardous substance, physical agent, or biological agent in a workplace or part thereof and purporting to be certified by an authorized representative of the Authority; or

(d) a document purporting to certify the result of a test or an analysis of any equipment, machinery, device, article, or substance and purporting to be certified by an authorized representative of the Authority,

is evidence of the order, decision, writing or document, and the facts appearing in the order, decision, writing or document shall be received in evidence without proof of the signature or official character of the person appearing to have signed the order or the certificate.

(2) In any proceeding or prosecution under this Act a copy of an order or decision purporting to have been made under this Act or regulations made thereunder and purporting to have been signed by the Chief Inspector or an authorized representative of the Authority may be served-

(a) personally in the case of an individual, or in the case of a partnership, upon a partner, and in the case of a company upon the president, vice president, secretary, treasurer or a director, or upon the manager or person in charge of the workplace;

(b) by registered letter addressed to a person or company mentioned in paragraph (a) of this subsection at the last

Documentary evidence


known place of business of the person or company, and the same shall be deemed to be good and sufficient service thereof.

84.–(1) No action or proceeding, civil or criminal, shall lie or be continued against any member of the Authority or any person appointed to perform a duty under this Act and or regulations made thereunder , for anything done or omitted in good faith in the exercise or purported exercise of any function designated under this Act or the regulations.

(2) Nothing in this Act is to be construed,

(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Act or regulations made thereunder; or

(b) as conferring a defense to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.

85. A worker or any other person commits an offence if he,

(a) aids, abets, counsels, or procures; or

(b) knowingly is concerned in or party to, or is in any way directly or indirectly, by act or omission,

86. A person who,

(a) forges or counterfeits any certificate required by, under or for the purposes of this Act;

(b) gives or signs any certificate knowing it to be false in any material particular;

(c) knowingly utters or makes use of any forged, counterfeited or false certificate;

(d) knowingly utters or makes use of, as applying to any person, any certificate which does not so apply;

(e) impersonates any inspector or person named in any certificate;

(f) falsely pretends to be an inspector;

Protection against civil and criminal proceedings

Aiding and abetting

Forgery, false declarations, etc


(g) willfully connives at any counterfeiting, giving, signing, uttering, making use, personating or pretending as aforesaid;

(h) wilfully makes a false entry in any register, notice, certificate or document required by, under or for the purposes of this Act to be kept, served or sent;

(i) wilfully makes or signs a false declaration required by, under or for the purposes of this Act;

(j) knowingly makes use of any such false entry or declaration,

commits an offence.

(2) A person shall not be required to answer a question or give information incriminating himself and the inspector shall caution such person accordingly.

(3) A person required to furnish information who, without lawful excuse, refuses or fails in furnish the information within the time specified in the notice, commits an offence.

87. Where an inspector acts outside of the authority given him under this Act, a person aggrieved by such action may seek redress from the Chief Inspector.

(5) Where an Inspector takes possession of a substance, plant or thing from a workplace, the employer at the workplace may appeal to the court against that action or the continued possession by the Inspectorate of that substance, plant or thing.

PART XII

Miscellaneous

88.– Within four months after the end of each financial year, the Authority shall submit to the Minister a report on its operations during that and the Minister shall cause the report to be tabled in the National Assembly within four months of the receipt of the report.

89.–(1) Except as provided by subsection (2), where any provision of the associated health and safety legislation or any other law in force in Belize is associated safety and health legislation or any other law in force in Belize is

Aggrieved parties may seek redress.

Annual report

This Act to prevail


inconsistent with a provision of this Act or the regulations, the provision of this Act or the regulations shall prevail.

(2) A person shall not be guilty of an offence under this Act in respect of any act or omission which is expressly required or permitted to be done or omitted by or under the associated safety and health legislation.

90.–(1) The Authority may, with approval of the Minister, make regulations, not inconsistent with the provisions of this Act prescribing matters–

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for giving effect to this Act.

(2) Without limiting the generality of subsection (1), regulations may provide for –

(a) formulating the financial and general regulations under this Act;

(b) rules and resolutions governing the procedure at its meetings, including the procedure for calling meetings, the conduct of meetings, and the manner of recording minutes at meetings;

(c) regulating or prohibiting–

(i) the manufacture, supply or use of any plant;

(ii) the manufacture, supply, use, storage or transport of any substance; or

(iii) the carrying on of any process or the carrying out of any operation;

(d) the standards of safety and health of workers engaged in particular industries or other workplaces;

(e) the certification of operators in prescribed plant or machinery:

(f) the registration of a workplace or any plant or substance;

(g) the licensing of a person carrying out processes or activities regulated under this Act;

Regulations


(h) conditions applying to registrations and;

(i) the service of notices under this Act;

(j) the powers of the Inspectors in relation to investigations at workplaces;

(k) procedures for the appointment of committees at workplace;

(l) composition, election or appointment of persons to committees at workplace;

(m) labeling requirements for hazardous substances, chemicals, physical agents, biological agents and material safety data sheets;

(n) notification and record keeping of accidents, occupational disease, critical injury and other matters:

(m) forms for the purposes of this Act;

(n) prescribing of fines and penalty fees for a contravention of the Act and regulations where none is specified;

(o) prescribing offences which may be dealt with by penalty notices;

(p) any matter relating to any of the associated safety and health legislation;

(q) prescribing fees to be paid by employers and workers to augment the expenses of administering this Act and regulations made thereunder;

(r) governing the efficient management and administration of the Fund; or

(s) any other matter in relation to the administration of the Act.

(3) Regulations made under this section shall be subject to negative resolution by the National Assembly.

(4) The regulations may incorporate or adopt by reference the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether,


(a) wholly or partly, or as amended by the regulations;

(b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(c) as amended after the making of the regulations, but only where the Authority has published in the Gazette a notice that the particular amendment is to be incorporated in the regulations.

(5) The regulations may provide that a prescribed employer or a member of the prescribed class of employers shall,

(a) monitor the safety and health of his workers;

(b) keep information, and records relating to the safety and health of his workers;

(c) employ or engage a person who, being suitably qualified in relation to occupational safety and health, is able to provide advice to the employer in relation to the safety and health of the employer's workers;

(d) monitor conditions likely to affect the safety and health of his workers under his control and management; or

(e) keeping additional records and files.

(6) A regulation may,

(a) apply generally or be limited in its application by reference to specified exceptions or factors;

(b) apply differently according to different factors of a specified land;

(c) authorise any matter or filing to be from time to time determined, applied or regulated by any specified person or body; or

(d) exempt any person or class of persons, either absolutely or subject to conditions, from any provision of the regulations.

(6) The regulations may provide for the implementation of international conventions including International Labour Organization Conventions in respect of safety in the use of chemicals at work and other occupational safety and health requirements and standards.


91.–(1) For the purpose of providing practical guidance on any matter relating to this Act, the Authority shall, with approval by the Minister, by order published in the Gazette, develop a national code of practice.

(2) A code of practice may consist of a code, standard, rule, specification or provision relating to matters in this Act formulated or prepared by the Authority in liaison with the Inspectorate and consultation other interested persons, and may apply, incorporate or refer to a document formulated or published by a body or authority as in force at the time the code of practice is approved or as amended, formulated or published.

(3) An order under subsection (1) shall indicate where a copy of the approved code of practice to which it relates, and all documents incorporated or referenced to in the code, may be inspected by members of the public without charge, and the times during which it may be inspected, and the Authority shall make the code of practice and those documents available for that purpose accordingly.

(4) Any codes of practice shall take into account any current and relevant international or overseas codes of practice and convention in its development.

92. Where in proceedings under or for an offence against this Act or regulations made thereunder, it is alleged that a person contravened this Act in relation to which the approved code of practice was in force at the time of the alleged contravention -

(a) the code of practice shall be admissible in evidence in those proceedings; and

(b) if the court is satisfied in relation to a matter which it is necessary for the prosecution to prove in order to establish the alleged contravention that–

(i) a provision of the code of practice is relevant to that matter; and

(ii) the person failed at a material time to observe that provision of the code of practice,

that matter shall be taken as proved unless the court is satisfied that in respect of that matter the person complied with that provision of this Act or regulations made thereunder otherwise than by way of observance of that provision of the code of practice.

Codes of practice

Use of codes of practice in proceedings.

Commencement.


93.–(1) This Act shall come into force on a date to be appointed by the Minister by an Order published in the Gazette.

(2) The Minister may in pursuance of subsection (1), appoint the date of commencement of this Act in phases.

(3) The Minister shall, within reasonable time but not exceeding three months of the coming into force of the Act, appoint Members of the Authority.

(4) Where the Minister appoints Member of the Authority in pursuance to subsection (3), the Authority shall commence full operations within three years of the appointment of the Members.

94.–(1) Subject to the provisions of subsection (2), the Factories Act Chapter 296 is repealed.

(2) Notwithstanding the provisions of subsection(1) ,

(a) anything done under the provisions of the Factories Act or the Minister under the provisions of the Factories Act before the commencement of this Act shall be deemed to have been done under the provisions of this Act;

(b) any subsidiary legislation issued before the commencement of this Act shall, as long as it is not inconsistent with this Act remain in force until repealed or revoked by subsidiary legislation under the provisions of this Act and shall, for all purposes be deemed to have been made under this Act.

(3) Any rights and or obligations that accrued under the repealed Factories Act, shall continue to be enforced under this Act.

(4) Any pending prosecution and or preceding that were instituted under the repealed Factories Act, shall be continued and determined as if they were instituted under this Act.

Repeal and transitional

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