1. An Overview of the Safety and Health at Work Act Cap. 356
The Labour Department - Barbados
Occupational Safety and Health Section

2. What is Occupational Safety and Health?
A joint committee of the International Labour Organisation and the World Health Organisation defined occupational safety and health as: “the promotion of the highest degree of physical, mental and social well-being of workers in all occupations” (ILO, 1984)

3. Definition of Workplace
“Any place where persons work or are employed including a factory, but does not include a private household where persons work or are employed only in domestic service” (Cap. 356 s. 2)

4. Definition of Factory
Generally, any premises where persons are employed in the making, altering, repairing, cleaning or adapting of articles for sale
Definition also extends to:
Power generating operations
Pumping of water, oil , sewage
Construction sites
Seaports
Agricultural enterprises

5. Rationale for Change Majority of workplaces not covered
Need for holistic approach to OSH - nature of workplace not primary focus
Need to meet the requirements of ILO OSH Convention 155 (1981)

6. General Intent of Safety and Health at Work Act
The SHaW Act makes provision for
Securing health, safety and welfare at work
Protecting other persons against risks to health and safety in connection with the activities of persons at work
Controlling emissions into the environment
Act is administered by the Labour Department with specific responsibilities assigned to Chief Fire Officer

7. Application of Cap.356 Applies to all workplaces except:
The military, armed forces, domestic service in private households,
Work done by the master or crew of a ship or done aboard a ship during a trial run.
In cases of public emergency , the Minister may, by order, exempt workplaces or particular class of workplaces from the provisions of the Act

8. Approach to Management of Safety and Health
The principle of joint responsibility is promoted
Clear definition of roles for government, employers and employees
Self-regulation is encouraged
Mandatory requirements for formal safety and health management systems
Emplasise safety and health committee
25 > more – safety committee
< 25 – safety delegate

9. Duties of Employer Provision and maintenance of: A safe workplace
Safe plant and safe systems of work
Suitable arrangements for storage, transport and use of articles and substances
Adequate information, instruction, training and supervision

10. Duties of Employer Provision and maintenance of:
Working environment that is safe and without risk to health as far as is reasonably practicable
Risk assessment to be undertaken before introducing material, article or process
Adequate welfare arrangements
Prescribed ergonomic standards

11. Duties of Employees Employee expected to:
Take reasonable care for his own safety and that of others
Co-operate with his employer re: statutory duties
Report to his employer unsafe conditions or breaches of the Act
Use personal protective equipment correctly

12. Access to Information in Specific Circumstances
Employees and trade union have right to access reports on workplace conditions where specific representation is made
Accident reports may be requested and issued in the case of any workplace accidents
Implication - employees have the ‘right to know’

13. Training and Supervision
Employees must receive sufficient training or adequate supervision
Employee to be fully instructed on:
The working of the machine
Any associated dangers
Precautions to be observed
Discuss how training aspect applies in the hospitality sector
Commercial kitchen equipment in particular

14. General Provisions for Safety
Specific procedures for examination of pressure vessels, hoists, lifts, chains, ropes and lifting tackle
Fire
Work in confined spaces

15. Health Cleanliness Disposal of wastes and effluents Temperature
Ventilation
Underground rooms
Overcrowding
Lighting
Noise and vibration

16. Welfare Drinking water and washing facilities Lunchrooms
Changing facilities
Sitting facilities
First-aid
Rest-rooms and sanitary conveniences
Lifting excessive weight

17. Safety Organisation Safety committee
Mandatory where there are 25 or more employees (safety delegate < 25 employees)
Where 10 or more are employed, written safety policy to be in place
Equal joint representation on committee
Recommendations to be implemented where practicable, Committee has access to workplace information
Less than 25 - delegate
Clo to be consulted if there is no agreement on implementation of suggestions of committee
Frequency of meeting - at least once per quarter
Formal company safety policy required

18. Right to Refuse Dangerous Task(s)
“Where during the course of his employment, there is sufficient evidence to indicate that an employee’s health and safety are in imminent danger that employee may refuse to carry out the tasks assigned to him pending consultation with his safety committee, trade union , staff association or the Chief Labour Officer.”
Regular process should be followed e.g.,
seek resolution at workplace level before proceeding to other agencies
Resolution offered by the CLO will be binding
No other worker can be assigned to task pending resolution
Involvement of safet6y committee expected

19. New and Expectant Mothers
Employee may inform employer of pregnancy in writing (medical certificate)
Employer to conduct job risk assessment on notification of pregnancy and on return to work
If necessary, suitable alternative work to be offered during pregnancy and for 6 months after birth of child
Notice in writing to be signed by registered medical practitioner or Midwife

20. Employees with Special Needs
Employers have a duty to cater to employees with special needs, appropriately
Information should be communicated in such a manner that persons are able to receive it. For example, fire alarms must be audible and visible.

21. Fire Safety Fire safety provisions apply to all workplaces
Consultation between CFO and CLO
Fire Officers - right of entry similar to that for OSH officers
Multi-tenanted buildings:- owner has specific responsibilities
Existing Hotel Fire Safety procedures will suffice
Consider situations where facilities on the property may be rented to private individuals for business purposes

22. Administration and Enforcement
Chief Labour Officer may issue prohibition and improvement notices
Prohibition notice may be issued to take immediate effect
Employer to lodge appeal with court if there is disagreement with the action of CLO
Certain registers, documents, abstract to be maintained at the workplace

23. Summary Wider application re: proposed legislation
Duties of employers and employees explicit
Improved safety consultation
Prohibition and improvement notices
Nature of the work is primary focus

24. For further information, contact...
Labour Department
Occupational Safety and Health Section
2nd Floor, Warrens Office Complex
Warrens, St. Michael
Tel: /24

25. Thank you for your attention!