Health and Safety At Work Act 1982

[29 May 1982]

[preamble and words of enactment omitted]

Short title and commencement

1 This Act may be cited as the Health and Safety At Work Act 1982.

[commencement provisions omitted]

[this Act was brought into operation on 2 April 1984 by BR 13/1984]

Interpretation

2 (1) In this Act, unless the context otherwise requires—

"article for use at work" means —

(a) any plant designed for use or operation (whether exclu sively or not) by persons at work; and

(b) any article designed for use as a component in any such plant;

"code of practice" includes a standard, a specification and any other documentary form of practical guidance;

"contract of employment" means a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing);

"Council" means the Advisory Council for Health and Safety es tablished by section 8;

"employee" means an individual who works under a contract of employment, and related expressions shall be construed ac cordingly;

"employer" means a person who has, in connexion with the op eration of a place of employment, one or more employees in his service;

"health and safety committee" means a committee established pursuant to section 20;

"hire-purchase agreement" means an agreement in writing under which a person hires goods and may buy the goods
upon payment in full of the credit price;

"inspector" means an inspector for the purposes of the adminis tration of this Act;

"instalment-purchase agreement" means an agreement in writing for the purchase of goods on credit under which the credit price is paid by instalments, whether or not under the agree ment the title in the goods remains in the seller until the credit price has been fully paid;

"Minister" means the Minister to whom responsibility for the subject of health and safety of persons at work is assigned;

"personal injury" includes any disease and any impairment of a person's physical or mental condition;

"place of employment" means any building, site, workshop, structure, quarry, or other premises or place in which one or more employees or self-employed persons usually work or have worked;

"plant" includes any machinery, equipment or appliance;

"prescribed" means prescribed by regulations made by the Min ister under section 9;

"self-employed person" means an individual who works for gain or reward otherwise than under a contract of employment whether or not he himself employs others;

"substance" means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;

"supply" where the reference is to supplying articles means sup plying them by way of sale, lease, hire or hire-purchase, whether as a principal or agent for another.

(2) For the purposes of this Act —

(a) "work" means work as an employee or as a self employed person;

(b) an employee is at work throughout the time when he is in the course of his employment, but not otherwise; and

and "work" and "at work", in whatever context, shall be construed ac cordingly.

General duties of employers

3 (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

(2) Without prejudice to the generality of an employer's duty under subsection (1), the matters to which that duty extends include in particular —

(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;

(b) arrangements for ensuring, so far as is reasonably prac ticable, safety and absence of risks to health in connex ion with the use, handling, storage and transport of arti cles and substances;

(c) the provision of such information, instruction training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

(d) so far as is reasonably practicable as regards any place of employment under the employer's control, the main tenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;

(e) the provision and maintenance of a working environ ment for his employees that is, so far as reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work;

(f) arrangements for consulting and co-operating with the health and safety committee at the place of employment for the purpose of resolving concerns on matters of health, safety and welfare at work.

(3) In such cases as may be prescribed, every employer shall prepare and as often as may be appropriate revise a written statement
of his general policy with respect to the health and safety at work of his employees and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any re vision of it to the notice of all his employees.

General duties of employers and self-employed persons to persons not in their employment

4 (1) It shall be the duty of every employer to conduct his un dertaking in such a way as to ensure so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

(3) In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed cir cumstances and in the prescribed manner, to give to persons (not being their employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety.

General duty of employees

5 It shall be the duty of every employee while at work—

(a) to take reasonable care to protect his health and safety and the health and safety of other persons who may be affected by his acts or omissions at work;

(b) as regards any duty or requirement imposed on his em ployer or any other person by or under this Act or the regulations, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

Duty of person controlling premises to persons not employed there

5A (1) This section has effect for imposing on persons duties in relation to those who—

(a) are not their employees; but

(b) use premises which are not domestic premises made available to them as a place of employment or as a place where they may use plant or substances provided for their use there,

and applies to premises so made available and other premises which are not domestic premises used in connection with them.

(2) It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of ac cess thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe without risks to health.

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

(a) the maintenance or repair of

(a) the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or

(b) the safety of or the absence of risks to health arising from plant or substances in any such premises,

that person shall be treated, for the purposes of subsection (2), as being a person who has control of the matters to which his obligation extends.

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

(5) For the purpose of this section "domestic premises" means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).

Prohibition of interference with or misuse of anything provided as statutory safety measure

6 No person shall intentionally or recklessly interfere with or mis use anything provided in the interests of health, safety or welfare under this Act or the regulations.

General duties of manufacturers etc. as regards articles

7 (1) It shall be the duty of any person who designs, manufac tures, imports or supplies any article for use at work—

(a) to ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to health when properly used;

(b) to take such steps as are necessary to secure that there will be available in connexion with the use of the article at work adequate information about the use for which it is designed and about any conditions necessary to en sure that, when put to that use, it will be safe and with out risks to health.

(2) It shall be the duty of any person who erects or installs any article for use at work in any premises where that article is to be used by persons at work to ensure, so far as is reasonably practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used.

(2A) It shall be the duty of any person who manufactures, im ports or supplies any substance for use at work —

(a) to ensure, so far as reasonably practicable, that the sub stance is safe and without risks to health when properly used;

(b) to take such steps as are necessary to secure that there will be available in connexion with the use of the sub stance at work adequate information about the condi tions necessary to ensure that it will be safe and without risks to health when properly used.

(3) Any duty imposed on any person by subsections (1), (2) and (2A) shall extend only to things done in the course of trade, business or other undertaking carried on by him (whether for profit or not) and to matters under his control.

(4) Where a person designs, manufacturers, imports or sup plies an article 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 reason ably practicable, that the article will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed by subsection (1)(a) to such extent as is reasonable having regard to the terms of the under taking.

(5) Where a person ("the ostensible supplier") supplies any arti cle for use at work or substance for use at work to another ("the cus tomer") under a hire-purchase agreement or instalment-purchase agree ment, and the ostensible supplier —

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

(b) in the course of that business acquired his interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer for a third person ("the effective supplier"),

the effective sup plier and not the ostensible supplier shall be treated for the purposes of this action as supplying the article to the customer, and any duty imposed by this section on the suppliers shall accordingly fall on the effective supplier and not on the ostensible supplier.

(6) For the purposes of this section an article or substance 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 designed, manufactured, im ported or supplied.

Advisory Council

8 (1) There shall be an Advisory Council for Health and Safety who, subject to this Act, shall be responsible for—

(a) advising the Minister on proposals for regulations and the policy in relation to the development of new regula tions and codes of practice and the policy in relation to new risks to health and safety;

(b) advising the Minister on matters relating to the protec tion and promotion of the health and safety of persons at work;

(c) advising the Minister on health and safety generally and the protection of employees and self-employed persons in specific kinds of situations;

(d) advising the Minister on any matter relating to health and safety on which the Minister seeks the advice of the Council;

(e) the giving of advice or the making of recommendations

to the Minister on any matter mentioned in this subsec tion.

(2) The Council shall consist of a Chairman appointed by the Minister and not less than nine other persons of whom—

(a) four shall be appointed by the Minister after consulta tion with such organizations representing employers as lie considers appropriate;

(b) four shall be appointed by the Minister after consulta tion with such organizations representing employees as he considers appropriate; and

(3) A member of the Council, other than the inspector, shall hold office for a period not exceeding three years, and shall be eligible for re-appointment.

(4) The Minister may refer to the Council any matter relating to the health and safety of persons at work generally or in particular places of employment, and the Council shall enquire into and report to the Minister upon any matter so referred.

(5) The report of the Council on any matter referred to it under subsection (4) may be published in such manner as the Minister may, after consultation with the Council, determine.

(6) Fees shall be paid to the members of the Council in accor dance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

(7) The Council may regulate its own proceedings.

Regulations

9 (1) Subject to subsection 2, the Minister may make regula tions—

(a) prescribing the standards to be established and main tained by employers and self-employed persons for the protection of the health and safety of persons at work and self-employed persons at places of employment;

(b) regulating or prohibiting the manufacture, supply, keeping or use of any substance and the carrying on of any process or undertaking;

(c) where necessary to ensure the health and safety of per sons at work and self-employed persons, imposing re quirements with respect to the design, construction, guarding, siting, installation, commissioning, examina tion, repair, maintenance, alteration, adjustment, dis mantling, testing, inspection or use of any plant or un dertaking or any equipment or machinery used in any plant or undertaking;

(d) imposing requirements with respect to the marking of any plant or of any articles, equipment or machinery used or made in any plant or undertaking and regulating or restricting the use of specified markings;

(e) imposing requirements with respect to the testing, la belling or examination of any substance;

(f) where necessary to ensure the health and safety of per sons at work, regulating or prohibiting the employment in specified circumstances of any person or any class of persons;

(g) where necessary to ensure the health and safety of per sons at work and self-employed persons, restricting the performance of specified functions to persons possessing specified qualifications or experience;

(h) requiring the making of arrangements to promote the health of persons at work, including arrangements for medical examinations and health surveys;

(i) requiring the making of arrangements to monitor the atmospheric or other conditions in which persons work;

(j) imposing requirements with respect to any matter af fecting the conditions in which persons work, including such matters as the structural condition and stability of places of employment, safe means of access to and egress from places of employment and cleanliness, tem perature, lighting, ventilation, overcrowding, noise, vi brations, ionizing and other radiations, dust and fumes at places of employment;

(k) providing for minimum standards of certain welfare fa cilities for persons at work, including an adequate water supply, sanitary and washing facilities, transportation and first-aid arrangements for sick or injured employees, cloakroom accommodation, sitting facilities
and lunch-room facilities;

(l) imposing requirements with respect to the provision and use in specified circumstances of protective clothing or equipment, including clothing affording protection against the hazards of work and against unusual expo sure to the weather;

(m) imposing requirements with respect to the instruction, training and supervision of persons at work;

(n) requiring in specified circumstances the taking o speci fied precautions in connexion with the risk of fire;

(o) imposing requirements with respect to the keeping, preservation and submission of records and other doc uments necessary for the administration of this Act, in cluding plans and maps;

(p) requiring prompt notification to the Minister of specified kinds of occupational injuries, illnesses, dangerous oc currences and accidents and prescribing actions to be taken or not to be performed to facilitate inquiry and in vestigation into and prevention of recurrences of such injuries, illnesses, dangerous occurrences and accidents;

(q) specifying conditions under which work of a hazardous nature may be performed;

(r) requiring notification respecting any person, premises or thing employed or used in specified hazardous activities as a condition of carrying on any such activity;

(s) respecting the safety of any transportation provided by an employer for use by employees;

(t) prescribing anything authorized or required by this Act to be prescribed;

(u) creating offences and prescribing penalties (including imprisonment), for breaches of such offences;

(v) respecting the composition and functioning of health and safety committees and the participation of employ ees in inspections and related matters;

(w) respecting any matter deemed necessary or advisable to carry out the intent and purpose of this Act.

(2) Before making any regulations under subsection (1), the Minister shall consult the Council and such organizations as appear to him to be representative of the employees and the places of employment concerned.

(3) Different regulations may be made for different places of employment.

(4) Regulations under this Act shall be subject to the negative resolution procedure.

Codes of practice

10 (1) For the purpose of providing practical guidance with respect to the requirements of any provision of the regulations, the Minister may, after consultation with the Council and any interested persons as he considers advisable, approve and issue such codes of practice, or any amendment, repeal or revision thereof, as in his opinion are suitable for that purpose.

(2) Where a code of practice is approved, amended, revised or repealed, the Minister shall cause to be published in the Gazette a notice identifying the code, specifying the provisions of the regulations to which it relates and stating the effective date of the approval, amendment, revi sion or repeal.

(3) The failure by any person to observe any provision of a code of practice is not of itself an offence.

(4) Where a person is charged with a contravention of any reg ulation in respect of which the Minister has issued a code of practice, that code is admissible as evidence in a prosecution for the contraven tion of the regulation.

(5) A copy of a code of practice, or of any amendment or revi sion thereof, certified to be a true copy by the Minister, shall be received in evidence in any court without proof of the signature of the Minister.

Exemption

11 The Minister may, on the advice of the Council and after con sultation with any interested persons as he considers advisable, exempt conditionally or otherwise any person or class of persons from any provi sion of this Act, the regulations or codes of practice, provided that the standard of health and safety of any employee at work is not thereby ad versely affected.

Inspectors

12 (1) The Minister may authorize any public officer to exercise any powers or perform any duties conferred or imposed on an inspector by this Act.

(2) The Minister shall provide every inspector with a written in strument of appointment and every inspector shall produce his instru ment of appointment upon request when exercising or seeking to exer cise any power or to perform any duties conferred upon him by this Act or the regulations.

Powers of inspectors

13 (1) An inspector may —

(a) at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) enter any place of employment where he has reason to believe any person or self-employed person works or has worked, and he may conduct any tests, take any samples and make any examinations be considers necessary or ad visable;

(b) take with him to any place of employment one or more persons to assist him and may make arrangements with the person in charge of the place of employment for the person or persons he takes with him to re-enter the place of employment to perform specified duties,

(c) take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

(d) make any examination and investigation that may be necessary to ascertain whether or not this Act or the regulations are being complied with.

(e) as regards any place of employment which he has power to enter, to direct that the place of employment or any part thereof, or anything therein shall be left undis turbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (d);

(f) take samples of any articles or substances found in any place of employment which he has power to enter, and of the atmosphere in or in the vicinity of any such place of employment;

(g) in the case of any article or substance found in any place of employment which he has power to enter being an article or substance which appears to him to have caused or to be likely to cause danger to health or safety, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purpose of car rying into effect any of the provisions of this Act or the regulations within the field of responsibility of an in spector);

(h) in the case of any such article or substance as is men tioned in paragraph (g), to take possession of it and de tain it for as long as is necessary for all or any of the following purposes—

(i) to examine it and do to it anything which he has power to do under that paragraph;

(ii) to ensure that it is not tampered with before the examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Act or the regulations or any proceedings relating to a notice under section 15;

(i) require the production of, inspect and take copies of any books, records or documents or any entry therein, kept pursuant to this Act or the regulations;

(j) require any person whom he finds in or at a place of employment to afford him any information the person can respecting the identity of the employer at that place of employment;

(k) do such other things as may be authorized by the Min ister.

(2) Where an inspector proposes to exercise the power con ferred by subsection (1)(g) in the case of an article or substance found in any premises, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

(3) Before exercising the power conferred by subsection (1)(g) in the case of any article or substance, an inspector shall consult such per sons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(4) Where under the power conferred by subsection (1)(h) an inspector takes possession of any article or substance found in any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving partic ulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking pos session of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample thereof and give to a re sponsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

Notice of contravention

14 (1) If an inspector is of the opinion that a person—

(a) is contravening any provision of this Act or the regula tions;

(b) has contravened any provision of this Act or the regula tions in circumstances which make it likely that the contravention will continue or will be repeated,

he may serve on that person a notice stating the provision and the rea sons which make him of that opinion and requiring that person to rem edy the contravention within the period specified in the notice.

(2) Where an inspector is of the opinion that any activities which are being carried on or are about to be carried on at a place of employment involve or will involve a risk of serious personal injury he may direct in the notice of contravention that the activities to which the contravention notice relates shall not be carried on after the period speci fied in the notice or until the contravention specified in the notice has been remedied, which ever occurs first.

(3) Where the inspector is of the opinion that a risk of serious personal injury is or will be imminent, he shall, in the direction given pursuant to subsection (2), require that the activities mentioned in sub section (2) other than those necessary to remedy the contravention, shall cease forthwith.

(4) Where there is a health and safety committee at place of employment and a notice of contravention which relate to a contraven tion at that place has been served upon any person the inspector shall provide the committee with a copy of that notice and, where there is no such committee, the inspector shall post a copy of the notice in a promi nent place at the place of employment.

(5) The person on whom a notice has been served shall within seven days of the end of the period specified in the notice provide the safety committee with, or where no committee exists shall post in a prominent place at the place of employment, written report of the progress that has been made towards remedying the contravention and, in the case of a notice relating to risk of serious personal injury, he shall, within seven days of the end of the period specified in the notice, send a copy of the report to the inspector who issued the notice.

Matters to be included in notice of contravention

15 (1) A notice of contravention may include directions as to the measures to be taken to remedy the contravention to which the notice relates, and the directions shall, where practicable, give the person on whom the notice is served a choice of different ways of remedying the contravention.

(2) Where a notice of contravention which is not to take effect immediately has been served —

(a) the notice may be withdrawn by the inspector at any time before the end of the period specified in the notice; or

(b) the period so specified may be extended by the inspector at any time except when an appeal against the notice is pending.

Closing notice

15A (1) Notwithstanding any provision in this Act, where the Min ister on consideration of a report from any of his inspectors or other in formation in his possession is satisfied that any place of employment or part thereof is in such a state as to be a danger to the health or safety or to both health and safety of persons using the place or part thereof, he may in the interests of the public serve a closing notice upon the em ployer or upon the person having control of the place of employment or the part thereof.

(2) A closing notice shall be a notice prohibiting the use of the place of employment or part thereof in respect of which the notice is made for any purpose other than a purpose approved by the Minister.

(3) Any person who knows that a closing notice has become

operative and uses the place of employment or part thereof in contraven tion of the notice or permits the place or part thereof to be so used com mits an offence:

Punishment on summary conviction: imprisonment for 6 months or a fine of $10,000 and a further fine of $1,000 for every day on which he so uses the place or part thereof or permits the place or part thereof to be so used after conviction.

(4) The approval of the Minister under subsection (2) shall not be unreasonably withheld and if the Minister is satisfied that the danger to the health or safety or to both health and safety of persons using the place or part thereof is removed, he shall determine the closing notice.

(5) Any person aggrieved by—

(a) the withholding of approval by the Minister of any use of the place of employment or part thereof to which the closing notice relates; or

(b) a refusal by the Minister to determine the closing notice,

may appeal to the Magistrates' Court and on any such appeal the Court may make such order as it thinks fit.

(6) The procedure in respect of an appeal under this section shall be by way of complaint for an order.

(7) An appeal under this section shall be brought within twenty-eight days after the withholding of approval or the refusal, as the case may be, and for the purposes of this subsection the making of the complaint is deemed to be the bringing of the appeal.

(8) The bringing of an appeal under this section shall not have the effect of suspending the operation of the closing notice.

Appeal to Supreme Court

15B An appeal lies to the Supreme Court against an order, determi nation or other decision of the Magistrates' Court under section 15A.

Appeal against notice of contravention

16 (1) Any person on whom a notice of contravention is served may, within seven days from the date of its service, appeal to the Minis ter who may affirm, amend or cancel the notice.

(2) The bringing of an appeal under subsection (1) shall not have the effect of suspending the operation of the notice, but the Minis ter may suspend the operation of the notice until the appeal is disposed of.

Appeal of certain decisions to Supreme Court

17 (1) Subject to subsection (2), any person aggrieved by the deci sion of the Minister on such appeal may appeal to the Supreme Court against that decision within fifteen days (or such longer period as the Court may in any particular case for good cause allow) after the making thereof by lodging a notice of appeal with the Minister setting forth the grounds of appeal.

(2) No appeal shall lie to the Court pursuant to this section ex cept upon a ground of appeal involving a question of law or mixed fact and law.

(3) Upon the hearing of any such appeal the Court may make such order, including an order for costs, as it thinks fit.

Obtaining information

18 For the purpose of obtaining any information which the Minister needs in the administration of this Act, the Minister may direct any per son to furnish him with such information in such form and manner and within such time as he may specify.

Information confidential

19 No person employed for any of the purposes of this Act shall re veal or in any manner communicate to any other person, except for the purposes of this Act and the regulations or as required by law, any in formation which may come to his knowledge in the course of his duties and employment.

Establishment of health and safety committees

20 (1) At every place of employment where five or more persons are employed, the employer shall cause a committee to be established to be known as a health and safety committee.

(2) The committee shall consist of no fewer than two and no more than twelve persons of whom at least half shall be persons repre senting employees other than employees connected with the manage ment of the place of employment and either elected by the employees they represent or appointed in accordance with the constitution of the trade union of which the employees are members.

(2A) Notwithstanding the provisions of subsections (1) and (2), where an employer has more than one place of employment he may with the agreement of his employees, cause to be established a single com-
mittee covering all his places of employment, and such committee shall consist of no fewer than two persons representing each place of employ ment where five or more persons are employed of whom half shall be persons representing employees other than employees connected with the management of the places of employment and either elected by the employees they represent or appointed in accordance with the constitu tion of the trade union of which the employees are members.

(3) The employer shall cause the names of the committee members to be posted in a prominent place at the place of employment.

(4) The duties of the committee shall include—

(a) participation in the identification and control of the health and safety hazards within the place of employ ment;

(b) the establishment and promotion of health and safety programmes for the education and information of the employees;

(d) such other duties as may be specified in this Act or the regulations.

(5) The committee shall have a continuing concern with respect to the health, safety and welfare of the persons employed in the place of employment.

Offences and penalties

21 (1) Every person who —

(a) fails to discharge a duty to which he is subject by virtue of section 3, 4, 5, 5A or 7;

(b) contravenes any health or safety regulations made under section 9;

(c) contravenes any requirement or prohibition imposed by a notice of contravention, including any such notice as modified on appeal;

(d) intentionally obstructs an inspector in the exercise of his powers or the performance of his duties;

(e) falsely pretends to be an inspector;

(f) intentionally makes or causes to be made a false entry in any register, book, notice or other document to be kept by him under this Act or the regulations or deletes or destroys any true or proper entry in such document;

(g) contravenes any other provision of this Act or fails to comply with an order or direction made under this Act or the regulations,

commits an offence.

(2) Punishment on summary conviction in respect of an offence under subsection (1)(a), (b) or (c)—

(a) in the case of a first conviction for such offence: impris onment for 1 year or a fine of $5,000 or both such im prisonment and fine and, in the case of a continuing of fence, a further fine of $500 for each day during which the offence continues;

(b) in the case of a second or subsequent conviction for such offence: imprisonment for 2 years or a fine of $1,000 or both such imprisonment and fine and, in the case of a continuing offence, a further fine of $1,000 for each day during which the offence continues.

(3) Punishment on summary conviction in respect of an offence under subsection (1)(d), (e), (f) or (g): imprisonment for 6 months or a fine of $500 or both such imprisonment and fine.

(4) Where an offence against this Act or the regulations is committed by a body corporate with the consent or connivance of, or is attributable to any wilful neglect on the part of any director, manager, secretary or any person purporting to act in any such capacity, he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.

(5) No prosecution for an offence under this section shall be brought except by or with the consent of the Attorney-general.

Service of notice or other document

21A (1) Any notice or other document which is required or autho rised by this Act or regulations to be given to or served on an inspector may be given or served by delivering it to him or by leaving it at, or sending it by post to his office.

(2) Any notice or other document which is required or autho-
rised by or under this Act or regulations to be given or served on a per son may be given or served—

(a) by delivering it to that person;

(b) by leaving it, or sending it in a prepaid registered letter addressed to him, at his usual or last known residence;

(c) in the case of a body corporate, by delivering it to the secretary or clerk at the registered or principal office of the body corporate or by sending it in a prepaid regis tered letter addressed to the body corporate's secretary or clerk at that office.

(3) If the name or the address of any employer or person having control of the place of employment or part thereof on or to whom any no tice or other document is to be given or served cannot after reasonable inquiry be ascertained, the notice or other document may be given or served by addressing it to the person on or to whom it is to be given or served by the description of "employer" or "person having control" of the place of employment (describing it) to which the notice or other docu ment relates, and by delivering it to some responsible person who is or appears to be employed in the premises, or, if there is no such person to whom it can be delivered, by affixing it or a copy of it to some conspicu ous part of the place of employment.

Civil liability

22 (1) Nothing in this Act shall confer a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by sections 3, 4, 5 and 7 or any contravention of section 6.

(2) Breach of a duty imposed by any regulations made under this Act shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise.

(3) Subsections (1) and (2) are without prejudice to any right of action which exists apart from this Act.

(4) Any term of an agreement which purports to exclude or re strict the operation of subsection (2), or any liability arising by virtue of that subsection, shall be void, except in so far as the regulations provide otherwise.

(5) In this section "damage" includes the death of, or injury to, any person (including any disease and any impairment of a person's physical or mental condition).

Evidence

23 In any proceedings for an offence under any of the provisions of the Act or the regulations consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is rea sonably practicable, or to use the best practicable means to do some thing, it shall be for the accused to prove, as the case may be, that it was not practicable or not reasonably practicable to do more than was actu ally done to satisfy the duty or requirement, or that there was no better practicable means than was actually used to satisfy that duty or re quirement.

Act binds the Crown

24 This Act shall bind the Crown.

Conflict with other Acts; savings

25 Nothing in this Act or the regulations shall derogate from the Public Health Act 1949 [title 11 item 1], the Building Authority Act 1962 [title 20 item 2], the Development and Planning Act 1974 [title 20 item 1] or any regulations made thereunder or any other Act or regulations re lating to health and safety at work, but in the event of any conflict be tween this Act and any of the aforementioned Acts or regulations, the provisions of this Act or the regulations, as the case may be, shall, in so far as they relate to health and safety at work, prevail.

Expenses

26 All expenses incurred for the purposes of this Act shall be de frayed out of moneys provided by the Legislature.

[Amended by
1986 : 27
1987 : 33 ]

Bermuda Consolidated Legislation

Health and Safety At Work Act 1982