Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(a) require the operator of a workplace to take specialmeasures regarding the health, safety or welfare ofemployees;(b) require the operator of a workplace to take specifiedmeasures regarding the health, safety or welfare ofemployees whose duties relate to the business of theworkplace and are performed, in whole or in part,outside the workplace;(c) require arrangements to be made for medicalsupervision in any workplace; or(d) require medical examinations of employees in anyworkplace at the expense of the operator of theworkplace to ascertain whether their health has beenor is being adversely affected by their employment.113. Joint workplace safety and health committees(1) The operator of a workplace that employs 20 or moreemployees shall establish a joint managementemployeessafety and health committee with equalrepresentation from management and employees.(2) The joint committee established in accordance withsubsection (1) shall have power to—(a) identify situations that may be a source of danger orhazard to employees;(b) recommend to the operator and the employees theestablishment, maintenance and monitoring ofprogrammes, measures and procedures respectingthe safety of employees;(c) obtain information from the operator respecting—(i) the identification of potential or existinghazards involving materials, processes orequipment; and(ii) safety and health experience and work practicesand standards in similar or other industries ofwhich the operator has knowledge;72
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(d) obtain information from the operator concerning theconducting or taking of tests of any equipment,machine device, article, material, chemical, physicalagent or biological agent in or about a workplacefor the purpose of occupational safety and health;and(e) be consulted about and have a designated memberrepresenting employees present at the beginning ofthe testing referred to in paragraph (d) to ensure thatvalid testing procedures are used or that the testresults are valid.114. Accident and safety programme(1) The Labour Commissioner may, with the approval ofthe Governor acting on the advice of Cabinet,undertake—(a) research into the cause of, and the means ofpreventing, employment injury, and(b) programmes to reduce or prevent employmentinjury.(2) In fulfilling his or her obligations under subsection (1),the Labour Commissioner may cooperate with any otherdepartment of Government or any organisationperforming similar research or programmes.115. Reports by an operatorAn operator of a workplace shall, within 48 hours of anaccident, report to—(a) the Labour Commissioner, the joint managementemployeessafety and health committee, theemployees’ safety representative and the recognisedtrade union, an accident involving an employee, orany other person present in the workplace, whichresults in disability for more than 3 days or death;(b) the Labour Commissioner—(i) an accident not covered under paragraph (a);73
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Labour Code 2012 - Government of Montserrat

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