SUMMARY OF THE MAIN PROVISION OF THE OCCUPATIONAL SAFETY AND HEALTH ACT CHAPTER 99:06- Act 32 of 1997
The Occupation Safety and Health Act of Guyana aims to offer protection to the safety, health and welfare of people at work. This document briefly outlines key responsibilities and requirements for managing risks in, or related to, the workplace.
PART III SAFETY AND HEALTH REPRESENTATIVES AND THEIR FUNCTIONS AND POWERS
(1) The selection of the non-managerial safety and health representative shall be made by those workers who do not exercise managerial functions.
(2) If it is not practical to inspect the workplace on a monthly basis, the representative shall inspect it at least once a year, inspecting at least a part of the workplace in each month.
(3) A safety and health representative shall have power to identify situations that may be a source of danger or hazard to workers and to make recommendations on findings.
(4) An employer who receives written recommendations from a safety and health representative shall respond in writing within twenty-one days.
(5) The safety and health representative shall be paid to carry out his/her duties at the representative’s regular or premium rate as may be proper.
JOINT WORK- PLACE SAFETY AND HEALTH COMMITTEE
(1) A joint workplace safety and health committee is required at a workplace at which twenty or more workers are regularly employed.
(2) A committee shall consist of at least four persons, for a workplace where fewer than fifty workers are regularly employed; or at least six persons for a workplace with fifty or more.
(3) At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions.
(4) The employer shall select the remaining members of a committee from among persons who exercise managerial functions for the employer.
(5) A member of the committee who ceases to be employed at the workplace ceases to be a member of the committee.
(6) Two members of a committee shall, on a rotating basis, co-chair the committee, a worker and a managerial representative.
(7) A committee shall meet at least once every three months at the workplace.
PART IV SAFETY AND HEALTH PROVISIONS AS TO SANITARY OR OTHER ARRANGEMENTS
The employer shall be expected to provide:
(1) suitable and sufficient means of ventilation and lighting.
(2) maintained a supply of wholesome potable water, and water vessel clearly marked “Drinking Water”.
(3) and maintained suitable and sufficient facilities for taking meals.
(4) a suitable and sufficient accommodation for clothing not worn during working hours with separate accommodation where male and female workers are employed.
(5) and maintained a suitable and sufficient sanitary convenience and suitable and sufficient washing facilities.
PART V DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS, ETC
Employers shall ensure that:
(1) suitable and adequate equipment, material and protective equipment and maintained in good condition and used.
(2) the floor, roof, wall, pillar, support or other part of a workplace is capable of supporting all loads.
(3) work activities are carried out without causing a discharge of noxious, hazardous, or polluting matter into air, water, or soil so far as is reasonably practicable.
(4) information, instruction and supervision are provided to a worker.
(5) competent person are appointed to supervise workers and that worker are informed of any hazards in the workplace.
(7) assistance and co-operation is given to a committee and a safety and health representative in the carrying out any of their functions;
(8) a copy of the OHS Act and any explanatory material prepared by the Authority are posted in the workplace.
(9) an occupational safety and health policy statement is prepared and posted in the workplace and reviewed annually in consultation with the committee or safety and health representative.
(10) the working conditions of a pregnant worker is adapted to ensure that terms or conditions of work are not hazardous to her health and the health of the unborn pregnancy.
(11) working environment is safe, sound, healthy and secure as far as is reasonably practicable.
(12) the chemicals, physical agents and biological agents under his/her control are without risk to safety and health when the appropriate measures of protection are taken.
(13) a medical surveillance program shall be established for the benefit of workers.
(14) a fully stocked medicine chest is kept, maintained and available and shall ensure that first aid, including trained personnel, is available at the workplace.
(15) training on the safe and healthy manner of carrying out work is provided to worker.
A worker shall:
(1) use and take care of the equipment, protective devices and clothing that the worker’s employer requires to be used or worn;
(2) report to his or her employer or supervisor the absence of or defect in any equipment or, protective device and clothing of which the worker is aware
(3) report to his or employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows; and
(4) not interfere with or misuse things provided for the safety, health and welfare of persons at work.
(5) not use or operate any equipment, machine, device or article or work in a manner that may endanger himself, or any other worker.
(6) not engage in any prank, contest, feat of strength, unnecessary running or.rough and boisterous conduct.
PART V DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS, ETC REFUSAL TO WORK
A worker may refuse to work or do particular work where he has reasonable justification to believe that any equipment, machine, device or article the worker is to use or operate or physical conditions of workplace presents an imminent and serious danger to the life or health of himself, or another worker.
PART VI HAZARDOUS CHEMICAL, PHYSICAL AGENTS AND BIOLOGICAL AGENTS
(1) An employer shall maintain an inventory of hazardous chemicals and all hazardous physical agents that are present in the workplace.
(2) An employer shall ensure that all hazardous chemicals present in the workplace are labelled in a way easily understandable to the workers, or are identified in the prescribed manner,
(3) The employer shall obtain or prepare an unexpired chemical safety data sheet for all hazardous chemicals in the workplace which shall be in English or language comprehensible to the workers.
(4) Chemicals transferred into other containers or equipment, must be labelled as to their content and any hazards associated with their use, and any safety precautions to be observed.
(5) The employer shall have available in the workplace a recent copy of the
inventory.
(6) Any worker exposed or likely to be exposed to a hazardous chemical or to a hazardous physical agent receives shall be exposed to instruction and training.
(7) An employer shall do annual review of chemical training programme, in consultation with committee or safety and health representative.
PART VII NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL DISEASES NOTIFICATION OF ACCIDENTS
(1) The Authority must be notified immediately where a work related accident occurs and causes loss of life and within four days for disables of such worker, for more than one day through a written notice of the accident in the Form and accompanied by the particulars set out in the First Schedule
(2) Where an accident causing disablement has been notified under this section and the said disablements has ceased, notice in writing of the date when the disablement ceased shall be sent by the employer to the Authority if any within two weeks from that date, in the Form and accompanied by the particular set out in the Second Schedule.
(3) A register of all accidents to which this section applies shall be kept by the employer in the form prescribed.
NOTIFICATION OF OCCUPATIONAL DISEASES AND OTHER DISEASES
(1) Every qualified medical practitioner shall notify the Authority of any case of occupational disease encountered while carrying out their duties.
(2) The employer shall notify the Authority of any actual or suspected case of occupational disease has occurred among workers, in the form, and accompanied by the particulars set out in the Third Schedule.
