Cap. 646 Art. 12Duties of employers.

(1) It shall be the duty of an employer to ensure the physical and psychological wellbeing of his workers at all times and of all persons who may be affected by the work being carried out for such employer at their workplace.

(2) The measures that shall be taken by an employer to prevent physical and psychological ill-health, injury or death at work, shall be taken on the basis of the following general principles of prevention, that is:

(a) by the avoidance of risk;

(b) by the identification of hazards associated with work;

(c) by the evaluation of those risks which cannot be avoided;

(d) by the control at source of those risks which cannot be avoided;

(e) by taking all the necessary measures to reduce risk and danger as much as reasonably practicable, according to the particular case;

(f) by giving collective protective measures priority over individual protective measures;

(g) by adapting the work to the worker, particularly insofar as the design of workplaces, the choice of work equipment and the choice of working and production methods are concerned, in particular with a view to alleviating monotonous work and work at a predetermined work-rate, and to reducing their effect on health;

(h) by adapting to technical progress in the interest of health and safety at work;

(i) by the development of a coherent overall prevention policy which covers technology, the organisation of work, working conditions, social relationships and the influence of factors related to the working environment;

(j) by replacing the dangerous by the non-dangerous or the less dangerous; and

(k) by giving appropriate instructions to workers.

(3) Without prejudice to the generality of sub-article (2), it shall be the duty of an employer to provide such information, instruction, training and supervision as is required to ensure health and safety at work.

(4) It shall be the duty of an employer to ensure that at workplaces wherein a number of workers are employed as may be established by regulations issued by virtue of this Act, there shall be elected, chosen or otherwise designated a person or persons to act as the workers’ health and safety representative or representatives, and who shall be consulted in advance and in good time by the employer on matters which may affect health and safety at work. Such representatives shall:

(a) be given access to, and may request electronic copies of documents prepared in connection with health and safety at work; and

(b) they shall also be provided with the necessary means, including the time necessary to allow them to carry out their role as representatives:

Provided that no action, disciplinary or otherwise, may be taken by an employer against a representative who acts in good faith in carrying out the duties pertaining to such a position.

(5) An employer shall prepare and review as and when appropriate, a statement of the general policy with respect to health and safety at work, which shall include the main measures for the implementation of such a policy, and to bring the declaration and any review of it to the notice of all the workers and their representatives.

(6) It shall be the duty of the employer to inform any contractor, self-employed person and workers from outside the organization of the contents of the health and safety at work policy, the presence of specific hazards at work, the resultant risks, and the preventive and protective measures required to be taken, and shall ensure that the provisions of the policy are abided by at all times.

(7) An employer shall ensure that any measure required to be taken by virtue of any provision of this Act or of any regulations made thereunder, does not involve financial cost to the workers.

(8) The Minister may by regulations issued in accordance with this Act, in order to address proper compliance with the terms of this Act and the regulations made thereunder or otherwise in view of the nature of work conducted by an employer, require an employer to appoint an HSRO who shall be tasked with the supervision and monitoring of the day-to-day implementation of the health and safety at work measures, policies and procedures of this Act and any regulations made thereunder:

Provided that, without prejudice to the rights of the Authority under this Act and the regulations made thereunder, the Authority may, in such cases where serious and consistent breaches of this Act and the regulations made thereunder become apparent, order that an HSRO is appointed by an employer for such time as the Authority may deem necessary. In such cases, the terms of the Act relating to the HSRO shall apply to such employer irrespective of whether regulations in terms of this sub-article have been published.