The Public Health Bill, 1999

PART XV: OCCUPATIONAL SAFETY AND HEALTH

Policy, regulations, orders and directives

159. (1) For purposes of this Act the Minister, in close consultation or in collaboration with the Minister or department responsible for the Occupational Safety and Health Act, shall from time to time review legislation regarding occupational safety and health, and lay down in writing policies, regulations, directives and orders deemed necessary by the parties on occupational safety and health in order to ensure the most effective and practical way or action of protecting and compensating an employee or any person at a workplace and outside a workplace, whose health may be affected or put at risk by any action or omission done at a workplace.

(2) An employee who is injured, poisoned or suffers an occupational accident or disease or an occupational related accident or disease shall be adequately compensated by the employer or such other person the law may require so to do.

(3) An employee or other person who is aggrieved by a compensation assessment, may, within such time as may be provided in an applicable legislation, appeal to the Minister or to such other authority provided in any law.

(4) Where the Minister receives an appeal, the Minister shall within thirty days assist the aggrieved employee or such other person in any manner not inconsistent with the provisions of this Part, Act or other law.

(5) The Minister in collaboration with the Minister or department responsible for the legislation on occupational safety and health may make regulations and procedures for this Part with a view to avoiding any conflict which may arise between this Act and other legislation administered by the other Minister or department respecting the occupational safety and health of employees and other persons and the compensation for employees and other persons arising from occupational accidents, diseases, nuisance and pollution of whatever nature.

(6) Regulations and orders made under this section may prescribe offences and penalties.

Collaboration between the Ministry and other Ministries

160. (1) There shall be established a system of communication and consultation between the Ministry and the Ministry and department responsible for the Occupational Safety and Health legislation and other ministries or other persons relevant for the purposes of this Act so as to ensure regular and effective exchange of information, actions and reporting.

(2) The department responsible for the legislation on occupational safety and health shall transmit on each and every month on a monthly basis or on such times as may be agreed between the Minister and the responsible department reports and statistics on occupational accidents, diseases, infections and afflictions and on occupational related accidents, diseases, infections, afflictions, chemical injuries and poisoning, injuries and such other related matters at workplaces or related to workplaces for the Minister's information and action if need be.

(3) The reports may be made on a prescribed form or manner which the Director of Health Services shall from time to time review and update and the report shall be used for purposes of information and action by the Minister in the furtherance of the purposes of this Act.

(4) Every medical officer or medical practitioner who has attended to a person who is injured, poisoned or suffers an occupational accident or disease or an occupational related accident, shall as soon as practicable make and deliver to the Commissioner of Labour a medical report based on the findings or results or expected results of the attended person.

Establishment of an Occupational Experts Committee

161. (1) The Minister ,for purposes of this Part, shall establish a committee to be known as an Occupational Experts Health Committee or to be known by any other name the Minister thinks appropriate on such terms and conditions by regulations published in the Gazette.

(2) The functions of the Committee shall be prescribed in the regulations establishing it and such functions shall include the principal functions of -

(a) advising the Minister on occupational safety and health in Swaziland;

(b) reviewing and advising the Minister on appropriate standards pertaining to occupational safety and health;

(c) liaising or cooperating with other bodies on occupation safety and health, including cooperating with the Experts Committee established under the Occupational Safety and Health Act; and

(d) deliberating on matters instructed by the Minister to deliberate on and within the time specified by the Minister.

(3) The Committee shall at least consist of the following persons -

(a) the Deputy Director of Health Services;

(b) a psychologist;

(c) a chemical engineer or occupational hygienist;

(d) an environmental health officer;

(e) a mechanical engineer;

(f) a medical practitioner or medical officer;

(g) a nurse;

(h) a laboratory technologist;

(i) a legal adviser; and

(j) an inspector or chief inspector appointed under an applicable legislation on occupational safety and health.

(4) The Committee shall be chaired by the Deputy Director of Health Services or one of the members in the event the Deputy Director of Health Services is absent.

(5) The Committee shall at least hold quarterly meetings at such places as the committee may agree upon or on a resolution or direction of the Minister.

Regulations

162. (1) The Minister may make regulations for the purposes of this Part and such regulations shall be published in the Gazette.

(2) Without prejudice to subsection (1) the Minister, in close consultation with the Minister or department responsible for occupational safety and health, may make regulations -

(a) regarding the handling, inspection and storage of radio-active materials;

(b) monitoring and controlling of dust, smoke, minute particles and pollutants; (c) regarding the setting of standards on lighting and ventilation standards at work places;

(d) pertaining to the provision of suitable protective clothing of employees engaged in specific tasks;

(e) regarding noise levels or vibration and thermal stress;

(f) in respect of sanitary conveniences, ventilation and lighting of workplaces, space area per an employee, water, water supply, disposal of waste generated from workplaces, and control of the pollution of the atmosphere by fumes or smoke and other substances from workplaces;

(g) prohibition and regulating the use of dangerous chemicals and pesticides and such other like substances; and

(h) generally for the better carrying out the provisions and the attainment of the objectives and purposes of this Part.

(3) Regulations made under this section may prescribe offences and penalties.

Discipline

163. Any person or body empowered by this Part to do what ought to be done and that person or body fails or refuses so to do shall be liable to discipline by the appropriate authority, including the Parliament, or its committees so empowered to discipline defaulting or erring persons or bodies.

Offences and penalties

164. (1) Any person, who fails or refuses to comply with or who contravenes a provision or requirement of this Part or regulations or orders made under this Part, commits an offence and shall be liable, on conviction, where a punishment is not specified, to a fine not exceeding twenty thousand Emalangeni or, in default, to imprisonment for a period not exceeding two years.

(2) Where a responsibility is placed on a ministry, department or body it shall, for purposes of an initial discipline, be deemed that the responsibility is placed on the Minister or Minister responsible for that other ministry or department.