Cap. 646 Art. 4Establishment and composition of the Authority.

(1) There shall be established an Authority which shall consist of a Board and the Executive.

(2) The Authority shall be responsible for promoting health and safety at work as defined in the Act and to ensure, within the limits of its responsibilities as prescribed in this Act, that duty holders fulfil their obligations at law.

(3) The Authority shall be a body corporate having a distinct legal personality and subject to the provisions of this Act, shall be capable of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and shall be empowered to do all such things and enter into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act.

(4) The legal and judicial representation of the Authority shall be vested in the Chief Executive:

Provided that the Chief Executive may appoint any one (1) or more of the employees of the Authority to appear in the name and on behalf of the Authority in any proceedings and in any act, contract, instrument, or other document whatsoever.

(5) The Board shall be composed of the following nine (9) members:

(a) a Chairperson appointed by the Minister;

(b) the Director of Industrial and Employment Relations;

(c) a person appointed by the Minister with competence in health and, or safety at work or who has been listed in the register of competent persons;

(d) a person appointed by the Minister responsible for health;

(e) a person appointed by the Minister responsible for economic affairs;

(f) two (2) members appointed by the Minister to represent the interests of workers, following consultation with the said body or bodies as the Minister may, from time to time, consider to be the principal representatives of workers;

(g) two (2) members appointed by the Minister to represent the interests of employers, following consultation with the said body or bodies as the Minister may, from time to time, consider to be the principal representatives of employers.

(6) The Minister shall appoint a person to be the secretary of the Board as well as any one (1) of its members as a Deputy Chairperson who shall exercise the duties of the Chairperson in the case that the Chairperson is unable to attend to his duties for whatever reason.

(7) The Chairperson and the other members of the Board shall hold office for a period of two (2) years, but the members so appointed may be reappointed on the expiration of any of their term of office: Provided that if a member is appointed at any time after the other members have already been appointed, the term of appointment of the said member shall end on the same date as that of the other members.

(8) A person shall not be qualified to hold office as a member of the Board, if that person:

(a) is a Minister or a Parliamentary Secretary;

(b) is legally incapacitated;

(c) has been declared bankrupt or has made a composition or arrangement with his creditors;

(d) has been convicted of a crime affecting public trust, theft or fraud, or knowingly receiving property obtained by theft or fraud, or of any offence under this Act; or

(e) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of the functions as a member of the Board:

Provided that the disqualification of a person under this paragraph may be waived by the Minister if the interest is declared and the declaration is published in the Gazette.

(9) Subject to the provisions of this article, the office of a member of the Board shall become vacant at the expiration of the term of office.

(10) A member of the Board may be removed from office by the Minister if, in the opinion of the Minister, the said member is unfit to continue in office or has become incapable of properly performing the duties as a member.

(11) If a member resigns or if the office of a member of the Board is otherwise vacant or if a member is for any reason unable to perform the functions of the office, the Minister may appoint a person who is qualified to be appointed as a temporary member of the Authority and any person so appointed shall, subject to the provisions of sub-articles (5) and (6), cease to be a member when a person has been appointed to occupy the vacancy or, as the case may be, when the member who was unable to perform the functions of the office resumes such functions.

(12) Any member of the Board who has any direct or indirect interest in any contract made or proposed to be made by the Authority, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of the interest at the first meeting of the Board after the relevant facts have come to such member’s knowledge. The said disclosure shall then be recorded in the minutes of the meeting and the member having an interest as aforesaid shall withdraw from any meetings at which such contract is discussed. Any such disclosure shall be communicated to the Minister without delay:

Provided that where the interest of the member is such as to disqualify that member from remaining a member, he shall report the fact immediately to the Minister and tender his resignation.

(13) The appointment of any person as a member of the Board and the termination of office or resignation of any such person, as well as any additional functions assigned to the Board by the Minister shall be notified in the Gazette and it shall have immediate effect:

Provided that failure to publish the appointment or termination of office, as the case may be, shall have no effect on the validity of the said appointment or termination.

(14) The Chairperson and the members of the Board shall be remunerated as the Minister may determine, from time to time.