Health and Safety at Work Act 1996


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19 HEALTH AND SAFETY AT WORK ACT 1996

ARRANGEMENT OF SECTIONS

SECTION

PART I – PRELIMINARY

1.

Short title

2.

Commencement

3.

Application of Act

4.

Act to bind Government

5.

Definitions

6.

Non-derogation

7.

Contracting out

PART II – GENERAL DUTIES RELATING TO HEALTH AND SAFETY AT WORK

8.

Defence

9.

Duties of employers to workers

10. Duties of employers and self-employed persons to non-workers

11. Duties of persons in control of workplaces etc.

12. Duties of manufacturers, importers, suppliers, and installers

13. Duties of workers

14. Duties applicable to all persons

15. Civil liability not affected by Part II

PART III-WORKPLACE ARRANGEMENTS

16. Health and safety representatives 17. Functions of health and safety representatives
18. Establishment of health and safety committees 19. Composition of health and safety committees 20. Functions of health and safety committees 21. Responsibilities of employers to health and safety representatives and
committees
22. Disqualification of health and safety representatives or committee members 23. Discrimination against workers 24. Remedies for discrimination against workers
25. Immediate threat

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PART IV-OCCUPATIONAL HEALTH AND SAFETY STATISTICS
26. Notification of accidents and other matters 27. Notification under associated health and safety legislation 28. Record of accidents and other matters 29. Notification of certain workplaces
PART V – OCCUPATIONAL HEALTH AND SAFETY EDUCATION AND ACCIDENT PREVENTION FUND
30. The Fund 31. Payments from Fund
PART VI – NATIONAL OCCUPATIONAL HEALTH AND SAFETY ADVISORY BOARD
32. Advisory Board 33. Term of office 34. Leave, resignation and dismissal of members 35. Functions and powers of Board 36. Advisory Committees 37. Remuneration 38. Meetings of Board 39. Annual Report of Board
PART VII-HEALTH AND SAFETY INSPECTORS
40. Chief Health and Safety Inspector 41. Health and Safety Inspectors 42. Functions of Inspectors 43. Powers of Inspectors 44. Confidentiality
PART VIII-INSPECTIONS AND NOTICES
45. Offences in relation to investigations 46. Inspector may issue improvement notice 47. Inspector may issue prohibition notice 48. Inspector may issue penalty notice 49. Issuing of notices 50. Notices may include directions 51. Appeals against notices

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PART IX-ASSESSMENT AND CONTROL OF CHEMICALS
52. Powers to prohibit or restrict a chemical 53. Notification and assessment of new chemicals 54. Declaration of a chemical for priority assessment 55. Assessment reports for chemicals 56. Publication of assessment reports
PART X – ASSOCIATED HEALTH AND SAFETY LEGISLATION
57. Saving 58. This Act to prevail 59. Double jeopardy 60. Associated health and safety legislation 61. Repeal
PART XI – REGULATIONS AND CODES OF PRACTICE
62. Regulations 63. Codes of practice 64. Use of codes of practice in proceedings
PART XII - OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
65. Offences 66. General penalties 67. Offences by corporations 68. Protection against civil and criminal proceedings 69. Authority to prosecute 70. Time for instituting proceedings for offences 71. Aiding and abetting 72. Repetition of certain offences - additional penalty

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23

FIJI

ACT NO. 4 OF 1996

[LS.]

I assent.

K. K. T. MARA President
[28 June 1996]

AN ACT
TO-
(1) REFORM THE LAW RELATING TO THE HEALTH AND SAFETY OF WORKERS, AND OTHER PEOPLE AT WORK OR AFFECTED BY THE WORK OF OTHER PEOPLE;
(2) PROVIDE CLEAR OBJECTIVES, OBLIGATIONS AND FUNCTIONS WHICH COVER EVERY WORKPLACE;
(3) SET OUT THE ROLES OF EMPLOYERS, INCLUDING WORKERS, SELF-EMPLOYED PERSONS, MANUFACTURERS, DESIGNERS, SUPPLIERS, INSTALLERS, INSPECTORS AND PROVIDES METHODS FOR THE DEVELOPMENT OF DETAILED STANDARDS AND CODES OF PRACTICE; AND
(4) PROVIDE FOR THE CONSOLIDATION AND PROGRESSIVE REPLACEMENT OF THE ASSOCIATED HEALTH AND SAFETY LEGISLATIONS AS DEFINED AND RELATED MATTERS.

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Health and Safety at Work – 4 of 1996

ENACTED by the Parliament of Fiji–

PART I - PRELIMINARY

Short title
1. This Act may be cited as the Health and Safety at Work Act, 1996.

Commencement
2. This Act shall enter into force on the day appointed by the Minister and published in the Fiji Republic Gazette.

Application of Act

3.(1) This Act applies to all workplaces in Fiji including territorial waters, land and airspace of Fiji, except those workplaces or operations connected with the Mining Act, Quarries Act, Explosives Act, and Petroleum (Exploration and Exploitation) Act.

(2) The Minister may, after consultation with the Minister responsible for mining and quarries, by declaration published in the Gazette, extend all or part of the provisions of this Act to cover workplaces or operations connected with all or any of the legislation mentioned in subsection (1) of this Section.

(3) This Act also applies to workplaces within a Fiji registered or Government owned ship or aircraft of any kind, whether or not the ship or aircraft is within the territorial waters, land or airspace of Fiji.

(4) In relation to the notification, assessment and control of chemicals and related matters the Act applies to the people of Fiji and the bio physical environment and related matters.

(5) (a)

Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Fiji's national security or defence or to an existing or future covert operation or dangerous operation of the Fiji Military Force or the Fiji Police Force.

(b) Without limiting the generality of subsection (5)(a), of this Section, the Minister may, after consultation with the Minister responsible for national defence and security, by notice in the Gazette, declare that specified provisions of this Act do not apply, or apply subject to such modifications and adaptations as are set out in the declarations, in relation to-

(i) specified operations or members of the Fiji Military Force or Police Force; or

Health and Safety at Work–4 of 1996

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(ii) a workplace under the control of the Minister responsible for national defence and security and such declaration has effect accordingly.

(6) This Act does not apply to domestic servants.
Act to bind Government
4. This Act shall bind the Government, including Government departments and statutory authorities.
Definitions
5.—(1) In this Act, unless the contrary intention appears-
"accident" means an event occurring at, or a situation arising in, a workplace which results in an injury or disease;
"approved" means approved by the Minister or the Chief Health and Safety Inspector or the Board;
"associated health and safety legislation" means the legislation declared by Part X to be associated health and safety legislation;
"Board" means the National Occupational Health and Safety Advisory Board constituted by this Act;
"chemical" means a chemical as defined in the regulations and includes a pesticide;
"Chief Health and Safety Inspector" means the person appointed under subsection (1) of Section 40 of this Act as Chief Health and Safety Inspector and includes the Deputy Chief Health and Safety Inspector(s) appointed under subsection (3) of Section 40 of this Act;
"Code of practice" means a code of practice under Section 63 of this Act;
"contract of service" means any contract, whether oral or in writing, whether expressed or implied, or under a law of Fiji or not and includes-
(a) a contract under which a person is employed by another; (b) a contract of apprenticeship; (c) a contract arrangement or understanding under which a person receives
on-the-job training in a trade or vocation from another;
"Court" means the Magistrate Court constituted under Section 3 of the Magistrate's Courts Act or the High Court of Fiji, as appropriate;

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Health and Safety at Work–4 of 1996

"Deputy" means a Deputy Chief Health and Safety Inspector appointed under subsection (3) of Section 40 of this Act;

"disease" includes a physical or mental ailment disorder, defect or morbid

condition, whether of sudden or gradual development and whether contracted before or after the commencement of this Act;

"domestic premises" means premises occupied as a private dwelling;

"domestic servant" means a person defined as a domestic servant under the Employment Act;

"employer" means a corporation or an individual by whom a worker is employed under a contract of service. It includes Government Departments and statutory authorities;

"Fund" means the Occupational Health and Safety Education and Accident Prevention Fund established under Part V;

"Gazette" means the Fiji Republic Gazette;

"hazard" means any agent or situation capable of potentially injuring or compromising the health and safety of a person or causing damage to plant or premises;

"health and safety" means health and safety at work;

"health and safety legislation" means-

(a) the provisions of this Act; and

(b) the associated health and safety legislation;

"health and safety committee" means a health and safety committee established under Part III;

"health and safety representative" means a health and safety representative appointed under Part III;

"improvement notice" means an improvement notice under Section 46 of this Act;

"incident" means an event occurring at, or a situation arising in, a workplace which may or may not result in an injury or disease. It includes an accident or a dangerous occurrence;

Health and Safety at Work–4 of 1996

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"injury", in relation to a worker, means a physical or mental injury arising out of or in the course of his or her work and includes-
(a) a disease; and
(b) the aggravation, acceleration, exacerbation, recurrence or deterioration of a pre-existing injury or disease;
"Inspector" means a Health and Safety Inspector appointed under Section 41 of this Act and includes the Chief Health and Safety Inspector or his or her Deputy;
"Inspectorate" means the Health and Safety Inspectorate of the Ministry. It comprises all the persons gazetted by the Minister to be Inspectors under this Act;
"ionising radiation" means ionising radiation as defined in the regulations or in the Ionising Radiations Act;
"lease" means any kind of agreement or arrangement under which payments are or are to be made for the supply of goods for use by any person;
"manufacture" includes design;
"Material Safety Data Sheet" means a Material Safety Data Sheet as defined in the regulations;
"Minister" means the Minister responsible for the administration of this Act;
"Ministry" means the Ministry responsible for the administration of this Act;
"penalty notice" means a penalty notice under Section 48 of this Act;
"Permanent Secretary" means the Permanent Secretary for the "Ministry";
"pesticides" means pesticides as defined in the regulations or in the Pesticides Act;
"petroleum" means petroleum as defined in the regulations or in the Petroleum Act;
"plant" includes-
(a) any machinery, equipment, appliance, implement or tool;
(b) any component, fitting or accessory used in conjunction with any machinery, equipment, appliance, implement or tool;
(c) steam boilers, pressure vessels, hoists, lifts, cranes, lifting equipment, handling devices, amusement rides or scaffolding;

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Health and Safety at Work–4 of 1996

"plant for use at work" means any plant designed for use or operation (whether exclusively or not) by persons at work, and includes any article designed for use as a component in, or an accessory to, any such plant;

"premises" includes-

(a) any land, building or part of any building;

(b) any vehicle, ship or aircraft;

(c) any installation on land, on the bed of any waters or floating on any waters;

(d) any tent or movable structure; and

(e) any workplace;

"prohibition notice" means a prohibition notice under Section 47 of this Act;

"registered" means registered under the relevant marine or aviation legislation of Fiji;

"regulation" means a regulation under this Act;

"risk" means the probability that a hazard's potential to cause injury or compromise

the health and safety of a person or to cause damage to plant or premises may become actual;

"self-employed person" means an individual who works for gain or reward otherwise than under a contract of service;

"ship" includes a boat, vessel, hovercraft or craft of any kind;

"substance" means a natural or artificial substance, whether in solid, liquid, gas or vapour form. It includes a chemical;

"substance for use at work" means any substance intended for use (whether exclusively or not) by persons at work;

"suitably qualified person" means a person deemed by the Public Service Commission to satisfy the requirements for relevant occupational health and safety training, education and experience;

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Health and Safety at Work Act 1996