Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

BR 14/1984

HEALTH AND SAFETY COMMITTEES REGULATIONS 1984

[made under section 9 of the Health and Safety at Work Act 1982 [title 18 item 10] and brought into operation on 2 April 1984]

ARRANGEMENT OF REGULATIONS

1 Citation

2 Interpretation

3 Additional duties

4 Employer to supply infor mation

5 Employer to give time off

6 Meetings

7 Offences

Citation

1 These Regulations may be cited as the Health and Safety Com mittees Regulations 1984.

Interpretation

2 In these Regulations "committee" means a health and safety committee established in accordance with section 20 of the Health and Safety at Work Act 1982 [title 18 item 10].

Additional duties

3 In addition to the duties specified in section 20 (4) of the Health and Safety at Work Act 1982 [title 18 item 10] a committee shall have the following duties—

(a) to consider any report submitted to a place of employ ment by an inspector and to make recommendations thereon to an employer;

(b) to inspect any part of a place of employment where an accident or dangerous occurrence has occurred for the purpose of determining the cause and evaluating the ad equacy of the safety rules and system of work at that part of the place of employment and of making recom mendations for the revision of the rules or the system of work if they consider it necessary;

(c) to give guidance and assistance to individual employees in the development of safe systems of work at places of employment.

Employer to supply information

4 (1) An employer shall make available to a committee any infor mation, within the employer's knowledge, necessary to enable it to per form its duties under the Act or these Regulations except —

(a) any information the disclosure of which would be against the interests of national security; or

(b) any information which he could not disclose without contravening a prohibition imposed by or under an Act; or

(c) any information relating specifically to an individual, unless he has consented to its being disclosed; or

(d) any information the disclosure of which would, for rea sons other than its effect on health or safety at work, cause substantial injury to the employer's undertaking or, where the information was supplied to him by some other person, to the undertaking of that other person; or

(e) any information obtained by the employer for the pur pose of bringing, prosecuting or defending any legal pro ceedings.

(2) Paragraph (1) does not require an employer to give any in formation which is not related to health and safety at work.

Employer to give time off

5 An employer shall permit a member of a committee employed at his place of employment to take such time off without penalty during the employee's working hours as shall be necessary for the purposes of —

(a) performing his duties as a member of the committee;

(b) undergoing such training in aspects of those duties as may be reasonable in all the circumstances.

Meetings

6 (1) A committee shall meet at such intervals not exceeding six months as may be necessary or expedient for the purpose of performing its duties under the Act and these Regulations, and such meetings shall be held at such times and on such days as may be mutually agreed by the employer and the members of the committee.

(2) Minutes in proper form of each meeting of a committee shall be kept.

(3) Subject as provided above, a committee may regulate its own proceedings.

Offences

7 Any person who contravenes any of the provisions of these Reg ulations commits an offence against these Regulations:

Punishment on summary conviction: imprisonment for 1 year or a fine of $1,000 or both such imprisonment and fine.

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