PART III

Safety Representatives, Safety Committees, Safety Delegates and Safety Statements

35. —(1) The persons employed in a premises to which this section applies may, unless there is in office a safety committee, from time to time select and appoint from amongst their number a representative (in this Act referred to as “the safety representative”) to represent them in consultations pursuant to this section with the occupier, and unless he sooner resigns or ceases to be an employee in the premises concerned a safety representative appointed under this section shall hold office for a period of three years beginning on the date of his appointment.

(2) When reasonably practicable a person appointed to be a safety representative shall have had, within the period of two years ending immediately prior to his appointment, experience in the work in which are engaged in the course of their employment the persons with whose safety, health and welfare he is concerned.

(3) Where an appointment is made under this section, the occupier concerned shall hold consultations with the safety representative for the purpose of ensuring co-operation in the premises in relation to the provisions of—

(a) the Acts,

(b) regulations under the Acts relating to safety, health and welfare and applicable to or in respect of such persons,

(c) such other enactments applying to the premises or to such persons or to both as may be prescribed.

(4) (a) The Minister may by regulations assign to safety representatives (in addition to those assigned by this Act) such functions, relating to the safety and health of the persons employed, as may be specified in the regulations.

(b) Before making regulations under this subsection the Minister shall consult such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trade unions or bodies analogous to trade unions as he considers appropriate.

(5) An occupier shall consider any representations made to him by the safety representative on any matter affecting the safety, health and welfare of the persons employed.

(6) On receipt of a notification in that behalf, an occupier shall enter in the general register the name of any person who for the time being stands appointed to be the safety representative under this section.

(7) Where an inspector enters a premises for the purpose of making a tour of inspection (other than a tour of inspection to be made for the investigation of an accident), the occupier shall take such steps as are practicable to inform the safety representative.

(8) On a request being made by him in that behalf, the safety representative shall be entitled to accompany an inspector on any tour of inspection of the relevant premises (or on any part of such tour) made by the inspector in the course of duty which is not a tour of inspection made by the inspector specifically to investigate an accident, and in case a safety representative intends so to accompany an inspector he shall, before accompanying the inspector, inform him of his intention.

(9) The foregoing provisions of this section apply to a premises in which not more than twenty people are employed for the time being and which is a premises, other than a dock, wharf, quay or warehouse, to which section 15 of this Act applies.

(10) In case a safety representative is appointed pursuant to this Act and subsequent to the appointment and during his term of office the number of persons employed in the premises concerned at any time exceeds twenty, the safety representative shall not cease to hold office by reason only of the fact that the number of persons so employed so exceeds twenty.

(11) (a) The Minister may by regulations amend subsection (9) of this section by substituting for “twenty” therein a number specified in the regulations.

(b) Before making regulations under this subsection the Minister shall consult such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trade unions or bodies analogous to trade unions as he considers appropriate.

(c) Where regulations under this subsection are for the time being in force each of the references to “twenty” in the following provisions of this Act, namely, subsection (10) of this section and sections 36 (8) and 37 (1) (a) of this Act shall be construed as a reference to the number specified in the regulations.

36. —(1) (a) Subject to section 37 (4) (b) of this Act, should they so wish the persons employed in premises to which this section applies may select and appoint from amongst their number members of a committee (in this Act referred to as “a safety committee”) to perform the functions assigned by or under this section to safety committees.

(b) The number of members of a safety committee shall not be less than three and shall not exceed one for every twenty persons employed in the relevant premises at the time when the committee is appointed or ten, whichever is the less.

(c) Where pursuant to paragraph (b) of this subsection the number of members of which a safety committee is to be comprised is—

(i) four or less, one member of the committee may be appointed by the relevant occupier and, subject to section 37 of this Act, the remaining members of the committee may be selected and appointed by the persons employed in the relevant premises from amongst their number,

(ii) not more than eight and not less than five, two members of the committee may be appointed by the relevant occupier and, subject to the said section 37, the remaining such members may be so selected and appointed,

(iii) more than eight, three members of the committee may be appointed by the relevant occupier and, subject to the said section 37, the remaining such members may be so selected and appointed.

(2) Where immediately before the commencement of this section a body having at least three members was either a safety committee within the meaning of section 73 (1) of the Principal Act or a committee or other body as regards which a certificate issued under section 73 (2) of the Principal Act was then in force, even if the number of members of the body is greater than ten the body shall for the purposes of this Act be deemed to have been appointed immediately after such commencement under subsection (1) of this section and references in this Act to a “safety committee” shall be construed as including references to the body.

(3) Where a safety committee is appointed under this section and at the time of the appointment any representative stands appointed under section 35 or 37 of this Act as regards the premises concerned, the appointment under this section shall operate to revoke the appointment of such representative.

(4) In case a safety committee is, or is deemed to have been, appointed under this section, the following provisions shall have effect:

(a) it shall be a function of the safety committee to assist the occupier concerned and the persons employed in the relevant factory or other premises in relation to the provisions of the Acts and of regulations under the Acts and to perform or exercise such other functions (if any), relating to the safety or health of such persons, as may stand for the time being specified in regulations made by the Minister, after consulting such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trade unions or bodies analogous to trade unions as the Minister considers appropriate,

(b) (i) the safety committee may select and appoint from amongst those of their number who were selected and appointed by the persons employed in the relevant premises a representative (in this Act referred to as “the safety delegate”) to make representations on their behalf to and accompany inspectors pursuant to this section,

(ii) when reasonably practicable a person appointed to be a safety delegate shall have had, within the period of two years ending immediately prior to his appointment, experience in the work in which are engaged in the course of their employment the persons with whose safety, health and welfare he is concerned,

(iii) where a safety delegate ceases to be a member of the safety committee by whom he was appointed, he shall at the same time cease to be such delegate,

(c) the quorum for a meeting of a safety committee shall be such number, being not less than three, as shall for the time being be fixed by the committee,

(d) where a member of a safety committee ceases to be employed in the factory or other premises concerned, he shall at the same time cease to be a member of the committee,

(e) the relevant occupier shall be entitled to attend personally, or to nominate a person or persons to attend on his behalf at, each meeting of the safety committee,

(f) the said occupier or his nominee or nominees shall attend the first meeting after the commencement of this section of the safety committee and shall, as soon as may be after it is available, present to the members of the committee the statement required under section 39 of this Act,

(g) the said occupier shall consider any representations made to him by the safety committee on matters affecting the safety, health and welfare of persons employed in the relevant factory or other premises,

(h) the safety committee shall consider any representations made to it by the said occupier on matters affecting the safety, health and welfare of persons employed in the said factory or other premises,

(i) the safety delegate may make representations to an inspector on matters affecting the safety, health and welfare of the persons employed in the said factory or other premises (being representations made on the request of the safety committee) and, for the purpose of considering the representations, an inspector may inspect any records of the proceedings of the safety committee,

(j) where an inspector enters a premises for the purpose of making a tour of inspection (other than a tour of inspection to be made for the investigation of an accident), the said occupier shall take such steps as are practicable to inform the safety delegate,

(k) on a request being made in that behalf by him, the safety delegate shall be entitled to accompany an inspector on any tour of inspection of the said factory or other premises (or on any part of such tour) made by the inspector in the couse of duty which is not a tour of inspection made specifically to investigate an accident.

(5) Upon receipt of a notification in that behalf, the occupier concerned shall make an entry in the general register noting—

(a) the appointment of the safety committee,

(b) where appropriate, the revocation by that appointment of an appointment under section 35 or 37 of this Act,

(c) if the safety committee has appointed a safety delegate, the name of the safety delegate.

(6) On a request being made in that behalf by a safety committee, the relevant occupier shall consult with the safety committee with the object of reaching agreement concerning—

(a) facilities for holding meetings of the safety committee, and

(b) the frequency, duration and times of meetings of the safety committee.

(7) Subject to the terms of any agreement between the relevant occupier and a safety committee, meetings of the safety committee shall be held from time to time on such days as the committee shall decide and such meetings may be held during normal working hours without loss of remuneration to the members of the committee if the following conditions are satisfied, namely:

(a) except in the case of an emergency such meetings shall not be held more frequently than once every two months,

(b) the duration of each such meeting shall not exceed two hours, and

(c) the number of members of the safety committee attending such a meeting shall be at least such as is required to form a quorum, and

(d) the times at which the meetings of the safety committee are held shall be compatible with the efficient operation of the factory or other premises concerned.

(8) In case the number of persons employed for the time being at a premises to which this section applies is not a multiple of twenty, then for the purposes of this section the number of persons who are for the time being so employed shall be deemed to be the next highest number which is a multiple of twenty.

(9) This section applies to any premises which are premises, other than a dock, wharf, quay or warehouse, to which section 15 of this Act applies and are not a premises to which section 35 of this Act applies.

37. —(1) Where for a period of six months neither a safety representative nor a safety committee stands appointed under section 35 or 36 of this Act as regards a factory or other premises, then the relevant occupier shall, as soon as may be, and in any case not later than three months after the expiration of the said period, appoint from amongst the persons employed in the factory or other premises—

(a) in case when the appointment is made there are not more than twenty persons employed in the factory or other premises, a safety representative,

(b) in any other case, a safety committee and safety delegate (which delegate shall be appointed from amongst the members of such committee).

(2) Before making an appointment under this section the occupier concerned shall afford to the persons employed in the relevant factory or other premises an opportunity for consultation regarding the appointment.

(3) Subject to section 36 (3) of this Act, a safety representative appointed under this section shall, unless he sooner resigns, or ceases to be an employee in the factory or other premises concerned, hold office for a period of three years beginning on the date of his appointment.

(4) (a) Where a safety committee is appointed under this section, the number of members of the committee, shall be fixed, in accordance with section 36 (1) (b) of this Act by the occupier by whom the members of the committee are appointed at the time when the appointments are made.

(b) Each member of a safety committee which is appointed under this section shall be appointed on the same day and shall hold office during the period of three years beginning on that day.

(5) (a) Where a vacancy (in this subsection referred to as “a casual vacancy”) occurs among the members of a safety committee appointed under this section by reason of the death or resignation from the committee of a member or by reason of the application to him of section 36 (4) (d) of this Act as extended by subsection (8) of this section, the relevant occupier shall, as soon as may be, appoint a person to fill the vacancy.

(b) A person appointed to fill a casual vacancy shall, unless he sooner resigns from the safety committee concerned or ceases to be a member of such committee by reason of section 36 (4) (d) of this Act as extended by subsection (8) of this section, hold office for the remainder of the term of office of the member occasioning the vacancy.

(6) Any person who fails to comply with the requirements of subsection (1) of this section shall be guilty of an offence.

(7) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he used all due diligence and took reasonable steps to comply with the requirement.

(8) References in this Act to a safety representative, a safety committee or a safety delegate, other than references to a safety committee in subsection (1) or (2) of section 36, shall be construed as including references to a safety representative, safety committee or safety delegate appointed pursuant to this section.

38. —Where the Minister, having received a request in that behalf from a safety representative, a safety committee or a safety officer, considers it appropriate, he may cause an investigation to be carried out by an inspector as regards a danger or potential danger to the safety, health or welfare of persons employed in the relevant factory or specified premises which the safety representative, safety committee or safety officer believes to exist and specifies in the request, and when completed the Minister may, if he thinks fit, communicate the outcome of the investigation to the person or committee by whom the request was made.

39. —(1) (a) The occupier of a premises to which this section applies shall, as soon as may be, prepare or cause to be prepared a statement in writing specifying the manner in which the safety and health of persons employed in the premises will be secured, and without prejudice to the generality of the foregoing, the statement shall specify the arrangements for safeguarding the safety and health of such persons, the co-operation required from such persons as regards safety and health, the duties of safety officers (if any), any safety training facilities which are available and the measures to be taken in relation to dangers so specified arising in relation to the premises or in relation to risks of such danger, and the statement shall also include any information required by regulations under this section which are for the time being in force.

(b) A statement prepared in pursuance of paragraph (a) of this subsection shall if necessary be revised from time to time.

(2) The Minister may by regulations require that information regarding matters specified in the regulations shall be included in statements prepared pursuant to subsection (1) of this section.

(3) As soon as may be after a statement is prepared or revised by him pursuant to this section the occupier concerned shall give a copy of the statement or revision, or cause it to be given, to—

(a) in case there is a safety representative for the premises concerned, that person,

(b) in case there is a safety committee for such premises, that committee,

(c) in case there is neither such a representative nor such a committee, to every person employed in the premises.

(4) (a) Where a statement is prepared pursuant to this section and the Minister is not satisfied that the statement is adequate for the purposes of this section (and whether or not the statement has been revised), the Minister may direct that the statement he revised in a manner specified in the direction, and in case the Minister gives a direction under this subsection he shall as soon as may be cause a copy thereof to be served on the occupier of the premises to which the direction relates, and the occupier shall comply with the direction not later than one month after the date of the direction or such later date as may be specified in the direction.

(b) The Minister may, if he thinks fit, cancel a direction given by him under this subsection.

(5) Where a statement is prepared or revised pursuant to this section, then the occupier concerned shall ensure that a copy of the statement or revision is attached to the general register of the premises concerned, and a copy of the statement (as revised, where this is appropriate) shall be given to an inspector on a request being made by him in that behalf.

(6) (a) This section applies to any premises in which ten or more persons are employed for the time being, and which is a premises to which section 26 of this Act applies.

(b) Where the Minister is satisfied that any manufacture, plant or process is of such a nature as is likely to cause risk of bodily injury to persons employed, he may by regulations apply this section to any factory or other premises in which the manufacture, plant or process is used and which apart from the regulations would not be a premises to which this section applies.

(7) The Minister may by regulations exempt from the provisions of this section factories or other premises of a prescribed class or description and such exemption may be absolute or subject to conditions.