Occupational Health and Safety Section

THE LABOUR DEPARTMENT FUNCTIONS AND SERVICE - A NATIONAL PROGRAMME Elements of the National Programme The Factory Inspectorate of the Labour Department working with employers, employees and their respective for the attainment and maintenance of desirable standards of Occupational Safety and Health practice in Barbados. The Inspectorate comprises of a team of four Factory Inspectors and a Senior Factory Inspector. In addition to handling general safety and health matters, specialist skills in Industrial Hygiene, Ergonomics and Work Design reside with the team.   Routine Inspections Routine Inspections are random and unannounced visits to work places falling under the Factories Act, 1982 (Cap 347). As provided under Section 95 of the Act, Inspectors visit work places to ascertain the extent to which the provisions of relevant legislation is being complied with. On a visit, the officer will seek to make contact with the most senior person available at the work place. This person may undertake the inspection or may delegate a stand in. A representative of the general body of workers may be invited to participate. Where there is trade union representation, the appropriate trade union representative may be regarded as that person. Other persons who may be invited to participate in the inspection include representatives of : Plant and equipment maintenance department; Human resources department; Safety committee; Production management; Supervisory personnel. Format Typically an inspection visits will comprise of: opening conference; walk around; closing conference. Opening Conference At the opening conference, a broad outline of the objectives of the exercise are given. Particular concerns, if any, may be discussed and measures taken in response to previously known concerns are reviewed and participants invited to raise any relevant issues. Basic information required for the Factory Inspection Report will be requested and examination of records undertaken. Typical information required: Number of persons employed male/female; Hours of work and overtime; Arrangements for first aid.  Records which should be available are: Pressure vessel examination reports; Factory register; Accident records; Reports of safety committee meetings. Walk Around The inspection party proceeds on a systematic walk around the facility. It is to be noted that under Section 95 of the Factories Act, Inspectors may examine with respect to matters under this Act, any person in the workplace, either alone or in the presence of such other persons, as he thinks fit. Persons are expected to co-operate with the Inspector in this regard. Under the Factories Act, no area of a factory is exempt from inspection. All members of the inspection party are invited to participate on equal terms in the inspection. Persons are encouraged to raise any matters of concern and to communicate freely with the Factory Inspector. Closing Conference Matters raised during the course of the visit will be reviewed, solutions to concerns explored and recommendations made. Commitments, with a time frame for action would be sought and matters considered to be of pressing importance highlighted.  A written report outlining the matters arising out of the inspection visit may follow. However, it is the duty of the occupier to take action to address concerns raised once they come to his notice. Follow-up visits to observe compliance will be made as considered desirable. Under Section 102 of the Factories Act, employee representatives shall be granted access to information relating to all work place hazards and to all reports relating to the workplace environment. Investigation of Accidents and Occupational Disease Investigation of accidents and occupational diseases is not about apportioning blame, neither is it about determining compensation levels. Parties are generally advised as to the appropriate course of action in pursuance of social security benefits and compensation. The aims of investigations are: to determine the real cause of the accident; and to determine the measure which maybe implemented to minimise the risk of recurrence. Legal Requirements Under Section 3 of the Accident and Occupational Disease (Notification) Act (Cap.338), employers are required to report to the Chief Labour Officer: every fatal accident and; every accident which results in more than 3 days absence from doing work at which he was employed at the time of such an accident. Further, every employer is required to keep a book where the occurrence of every accident at the workplace is recorded. Section 25 requires that every medical practitioner and every employer who suspects the occurrence of any occupational disease sends a written notice to the Chief Labour Officer setting out the prescribed information. Reporting provisions under this Act (Cap.338) are independent of reporting requirements for any other agency. Reports received are reviewed and recorded to satisfy both and international reporting requirements. The Department further investigates accidents based on criteria which take into account departmental manpower availability and the furtherance of the overall occupational safety and health objectives. It is also desirable that accident are investigated through the internal mechanisms of the work place and corrective measures taken as appropriate. The report of the inspectorate is intended to be independent, impartial assessment of an accident. All parties provided for under the Act (Section 101, Cap 347) are encouraged to available to avail themselves of a copy of an accident report where it is available. Section 101 of the Factories Act states that no person shall disturb, alter or remove any machinery, equipment or substance that is likely to be of assistance in the investigation of an accident in a factory unless authorised to do so by the Chief Labour Officer. This Section also provides for the disclosure of a report in the case of a person injured in employment at a factory, to the following persons. The injured person or any relative or friend authorised by the injured person. An Attorney-at-Law representing the injured person. Any Trade Union representing workers in the factory. The personal representative of the deceased in any case where an injury results in death. An Attorney-at-Law representing the occupier of the factory. The fee currently prescribed for this report is $50.00 These provisions support the inspectorate’s general mandate to promote occupational safety and health through the investigation of accidents. Accident investigations are somber but vital in a total programme of occupational safety and health. Out of these investigations arise significant measures for the promotion of desirable standards of occupational safety and health. Consultation The inspectorate functions in a consultative role at the request of occupiers. An occupier who is proactive and committed to high standards of occupational safety and health in the workplace would want to invite the Factory Inspectorate for consultation on general or specific matters. Consultation visits should be considered and invited on the following: Significant changes in plant layout; The introduction of new processes; The introduction of new equipment or hazardous substances; The formulation of appropriate safety programmes; In-house review of workplace safety and health conditions. Consultation visits afford the occupier the opportunity to be informed and guided on occupational safety and health matters. In so doing a level of "good faith" is demonstrated. Actions can be pursued from a position of knowledge as to occupational safety and health requirements and conditions are created where routine inspections can be undertaken with a level of confidence that arises out of self-regulation. Complaints The Labour Department through its Factory Inspectorate, in pursuance of its mandate under both the Labour Department Act (Cap.23) and the Factories Act (Cap 347), investigates all representation made to the Chief Labour Officer concerning occupational safety and health matters in all economic sectors. Both Acts prohibit the officers from disclosing the source of any information or complaint. The legal framework intended to ensure that workers may take action to ensure that adequate safety and health conditions are provided at the workplace. Under the Factories Act it os an offence to punish or in any way disadvantage an employee by reason of his requesting an inspection of his workplace by an Inspector. Workers are, however, encourage to use this facility in a responsible manner. The state of relations at the workplace and the circumstances of the particular case should be considered in determining at what point the intervention of the Factory Inspector is considered necessary or desirable. Typically, it would be advise that where employees have a concern, they should follow the chain of command within the organisation before requesting the intervention of the Chief Labour Officer.  Rights and Responsibilities of Employees Employees have the right to : Request an inspection of their work place; Have access to any report relating to work place conditions; Have access to Material Safety Data Sheets (MSDS), labels, equipment manuals, operations manuals or any materials relating to the safe use of a substance or equipment; Be represented on the occasion of any inspection visit by an inspector; To communicate freely with the Inspector on any matter relating to Occupational Safety and Health conditions in the work place; and Not to be exposed to any condition considered immediately dangerous to safety or health. Employees have the responsibility to: Report job related injury or illness to the employer and seek prompt treatment; Ensure reportable accidents and cases of occupational diseases are reported by the employer to the Chief Labour Officer; Be familiar with applicable work place rules, laws and regulations relating to Occupational Safety and Health; Stand for membership and participation in the safety committee; Cooperate fully with the employer in measures intended to promote occupational safety and health; and to Use personal protective equipment (PPE) as prescribed. Report hazardous conditions to the employer. Take reasonable action within his capability to eliminate workplace hazards.  Co-operate with the Factory Inspector on the occasions of visits to the workplace; Comply with applicable rules, laws and regulations relating to occupational safety and health. Exercise all workplace rights in a reasonable manner and pursue responsibilities with diligence.   Training and Awareness The Inspectorate welcomes opportunities to further the objectives of occupational safety and health through training and awareness programmes. The objective of achieving desirable standards of Occupational Safety and Health practice cannot be attained where employers and employees are poorly informed. The following can benefit from the involvement of the inspectorate in Occupational Safety and Health training programmes: Work places in all economic sectors; Trade Unions and employer organisations; Education and training institutions; Safety committees; Community and social organisations. If you think we can assist you with your training and education programme, send a written request to the Chief Labour Officer. Requests are favourably considered subject to man-power availability. The programmes outlined, formed the core of central authority activity for the promotion of Occupational Safety and Health. Employers, employees and their respective representatives all have essential roles to play in pursuance of this desirable national objective. The practice of sound occupational safety and health is critical as we work for personal and national development.