OCCUPATIONAL HEALTH AND SAFETY (2)

The duties extend to;a) Their own employeesb) Their independent contractors and

their workers who may be working in the employer’s premises.

c) The contractor who carry out a once-off job such as renovation or maintenance of the said premises;

d) visitors

The law also put the responsibilities on the employees;a) to take reasonable care of the health and safety of themselves and of others; b)to wear at all time any protective equipments provided by their employers; c)not to misuse any equipment that is provided for safety purposes (eg fire extinguishers or safety goggles)

d) follow instructions from the employer on health and safety matters and attend relevant health and safety training

e) report hazards and defects observed in the workplace.

The requirement to comply with the employer’s orders on safety is part of the employee’s obligation in the contract of service and the employer has the tight to take disciplinary action against the employee.

- The OSHA also put the responsibilities on those who design, manufacture and supply plan machinery, equipment and substance to ensure occupational safety.

- They are required to take all steps to test their equipment to ensure their safety and to provide sufficient information about their proper use.

a) Legislate and enforce the law

b) The minister has the power to make regulations under the Act requiring regular medical check up of workers in high-risks industries and organisations.

c) Establish National Council for Occupational Safety and Health.

This Council has been established under the OSHA.

Consists of between 12 and 15 members appointed by the Minister of Human resources.

Must have the representatives from employers, employees and the ministry and also three members from professional bodies in the field of safety and health.

In order to claim for compensation

Under the; a) the law of contract b) the law of tort

Duty of care is personal to the employer, it cannot be delegated under any circumstances.

Held: the duty of care is not merely personal, but non-delegatable. If an employer engages an independent contractor, a failure by the employer to ensure that the contractor adopts a safe system of work will nevertheless constitute a breach of the duty of care, if the contractor’s negligence causes injury to employees of the employer.

Where an employee wilfully ignores all the safety procedures, the employer cannot be held liable for not providing safe system of work.