The Gazette 1981

JANUARY/FEBRUARY 1981

GAZETTE

versa, or matters affecting the safety, health and welfare of the workers. Safety Delegate: Safety Statement To facilitate communication on a day-to-day basis the safety committee is entitled to choose somebody from the worker members to be its delegate. This safety delegate, as he is called, makes representations on behalf of the committee and, like the safety representative described above, is entitled to accompany an industrial inspector on a normal tour of inspection. Nor will the safety committee discuss safety and health in a vacuum; very early on, the employer will be expected to provide it with a "Safety Statement" which will be the basis for a more structured dialogue between workers and management. This "Safety Statement" is something entirely new. It is to cope with the fact that the law cannot lay down provisions to counter every hazard which can arise nor can inspectors be present every day in every workplace to enforce them. The new Act obliges employers in virtually every factory, and certain other premises where ten or more persons are employed, to produce a written statement showing how the safety and health of the workers is going to be achieved. These "Safety Statements" will be vetted by industrial inspectors and if they are not satisfactory the Minister for Labour can order them to be revised in a way in which he directs. As soon as the "Safety Statement" has been prepared — or indeed whenever it

those of the safety representative; to assist the employer and the workers in relation to the Acts and Regulations and to perform such other functions (if any) relating to the safety and health of workers as may be written into Regulations by the Minister after consultations by the Minister with ICTU and FUE. There is some guidance on how the safety committee will function. At the request of the committee the employer is obliged to consult with it with a view to reaching agreement on facilities for meetings and on their frequency, duration and times. The law provides that meetings shall take place at times settled by the committee. These meetings may be held during normal working hours and without loss of pay provided: —there is a quorum; —except for emergencies, they are held not more frequently than once every two months; —they do not last longer than two hours; —the times are compatible with the efficient operation of the enterprise. The interaction between the workers and the employer does not cease with the appointment of committee members by the employer. The employer is entitled to attend personally or to nominate a person or persons to attend each meeting on his behalf. He or his nominee(s) must attend the first meeting. He must consider any representations made to him by the committee, and vice-

Table 2 Safety Representatives, Safety Committees, and Safety Statements

Comments

rype of Premises

No. of Workers

System

The Minister can exempt prescribed premises from this requirement. He can, equally, apply it to premises to which the provisions do not apply but which feature any manufacture, plant or process which could give rise to bodily injury.

(i) a factory (ii) electrical stations ;iii) institutions [iv) training

Ten or over

Safety Statement

establishments

(v) docks,

wharves quays warehouses

Workers have the option of selecting a Safety Representative or a Safety Committee in premises with not more than twenty workers: if within six months they do not appoint one or the other, the employer must within three months appoint a safety representative if there are less than twenty employees; otherwise he must appoint the safety committee and the delegate. The employer- appointed representative and committee members and delegate will hold office for three years.

Safety Representative Not more than twenty (i) a factory (ii) electrical stations (iii) institutions (iv) training establishments

(i) a factory (ii) electrical stations (iii) institutions (iv) training

Two or more

Safety Committee

establishments

11