Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012109. Employment of young persons on dangerous machines(1) In every workplace, a young person shall not work at amachine to which this section applies, unless he or she isfully instructed as to the dangers arising in connectionwith its operation, and the precautions to be observed,and—(a) has received sufficient training in the operation ofthe machine; or(b) is under adequate supervision by a person who hasspecial knowledge and experience in the operationof the machine.(2) The section applies to prescribed machines, which are ofsuch a dangerous character that a young person oughtnot to work at them unless the requirements ofsubsection (1) are complied with.110. Obligations of persons employed(1) An employee shall make use of all means, appliances,conveniences or other things provided under the Codefor the health, safety and welfare of employees, to theextent that his or her employment involves their use.(2) An employee shall not—(a) wilfully interfere with, misuse or damage anymeans, appliance, convenience or other thing;(b) wilfully and without reasonable cause do anythinglikely to endanger himself or herself or others;(c) fail to wear protective clothing and use protectiveequipment or devices as instructed by the employer;or(d) enter, or remain, when under the influence ofalcohol, addictive drugs or other substance whichmay adversely affect the health and safety of theemployee or other persons in or about thatworkplace.(3) An employee shall report to his or her employer—70
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(a) the absence of, or defect in, any equipment orprotective device and clothing which he or she isaware and which may endanger himself or herselfor another employee or person; and(b) any contravention of the Code of which he or she isaware.(4) An employee shall have the right to remove himself orherself from a work situation which he or she reasonablybelieves presents an imminent or serious danger to lifeor health.(5) An employer may deem any breach by an employee ofthis section as an act of gross misconduct.111. Prohibition of deduction of wages(1) The operator of a workplace shall not, in respect of thecost of anything done or to be done by him or her inpursuance of this Code, make any deduction from thesum contracted to be paid by him or her to any personemployed, nor shall he or she receive or allow any otherperson to exact or to receive any payment in lieu of sucha deduction.(2) Despite subsection (1), an employer may make adeduction from the wages of an employee for anyabsence arising out of action taken by the employeeunder section 103(2).112. Regulations and Orders(1) The Governor acting on the advice of Cabinet may makeRegulations—(a) prescribing the standards to be achieved in respectof any of the obligations contained in this Part andthe methods required to attain them;(b) establishing advisory committees on whichemployers and employees are represented to assisthim or her in this function.(2) The Governor acting on the advice of Cabinet may, byOrder—71
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Labour Code 2012 - Government of Montserrat

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