Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012connection with such machine and who are inthe employment or pay of such owner orhirer;“owner” includes a trustee, receiver, mortgagee inpossession, tenant, lessee, or occupier of anylands or premises used or to be used as aworkplace, and a person who acts for or onbehalf of an owner as an agent or delegate;and an owner does not become an employer ata construction site by virtue only of the factthat the owner has engaged an architect,professional engineer or other person solelyoversee quality control at a construction site;“workplace” means a factory, shop, office, place ofwork or other premises but does not include—98. Duties of operators(a) premises occupied for residentialpurposes only; or(b) other categories of establishmentexempted by the Minister in accordancewith this Code.The operator of a work place including a constructionsite shall ensure that—(a) a safe, sound, healthy and secure workingenvironment is provided as far as is reasonablypracticable;(b) the measures and procedures prescribed in this Partare carried out;(c) every supervisor and every employee performingwork complies with the Code;(d) every reasonable precaution is taken in thecircumstances for the protection of a worker;(e) reasonable precaution is taken in the circumstancesto protect the general public who comes into contactwith the work site;62
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(f) a copy of the occupational safety and health policyis posted at a conspicuous location in theworkplace;(g) the equipment, materials and protective devices andclothing as prescribed are provided by the employerfor its employees and are suitable and adequate andmaintained in good condition;(h) the equipment, materials and protective devices andclothing provided by the employer are used by itsemployees as prescribed;(i) the workplace, machinery, equipment and processesunder his or her control are safe and without risk tosafety and health as far as is reasonably practicable;(j) that any machine, device, tool or equipment at itsworkplace is in good condition; and complies withthe Code.99. Registration of work places(1) The operator of a workplace shall, within 3 months ofthe commencement of the workplace, file with theLabour Commissioner a notice stating—(a) the hazardous chemicals, the hazardous physicalagents and the hazardous biological agents presentin the workplace and indicating whether theworkplace is a major hazard installation; and(b) any prescribed particulars.(2) Where there is a material change in any of theparticulars appearing in the notice filed in accordancewith subsection (1), the operator of that workplace shall,within 1 month of that change, file with the LabourCommissioner a notice setting out the details of thechange.100. Risk assessmentThe operator of a workplace shall within 1 year from thecommencement of operations at the workplace make asuitable and sufficient assessment of—63
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Labour Code 2012 - Government of Montserrat

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