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Bahamas
The Health and Safety at Work Act, 2002


AN ACT TO MAKE PROVISIONS RELATING TO HEALTH AND SAFETY
AT WORK AND FOR CONNECTED PURPOSES.
                                            Enacted by the Parliament of The Bahamas
       (Date of coming into force: 1st February 2002)
Short title and
commencement.
Interpretation.
1. (1)        This Act may be cited as the Health and Safety at Work Act,
2001.
(2) This Act shall come into operation on such day as the
Minister may, by notice published in the Gazette, appoint.
2.       (1)         In this Act —
             “article for use at work” means —
(a) any plant designed for use or operation (whether
exclusively or not) by persons at work; and
(b) any articles designed for use as a component in any
such plant;
          “code of practice” includes a standard, a specification and any other
documentary form of practical guidance;
           “Council” means the Advisory Council Safety established by section
18;
       “employee” means any person who has entered into or works under
(or, in the case of a contract which has been terminated, worked
under) a contract of employment, whether the contract is for
manual labour, clerical work or otherwise and whether it is a
contract of service or apprenticeship, and any reference to
employment shall be construed accordingly;
                   Reproduction for Lexbahamas © 2002  2
                    “employer”, in relation to an employee, means any person or
undertaking, corporation, company, public authority or body of
person including -
   (a) the owner of a business in which the employee is employed;
   (b) any managing agent of an employer;
   (c) in relation to a person engaged in plying for hire with any
vehicle or vessel the use of which is obtained from the owner
thereof under a contract of bailment (other than a hirepurchase agreement), the said owner;
   (d) in relation to a person employed for the purposes of any
game or recreation and engaged or paid through a club, the
manager, or, where the club is managed by a committee, the
members of the managing committee, of the club,
who or which employs any person to work under a contract of
employment or uses the services of a commission agent or contract
worker; and includes the heirs, successors and assigns of an
employer;
                 “health and safety committee” means a committee established pursuant to
section 20;
                 “inspector” means an inspector designated under section
                 “Minister” means the Minister responsible for Labour;
                 “regulations” means regulations made under this Act and in the manner
provided by this Act; Reproduction for Lexbahamas © 2002  3
 “personal injury” includes any disease and any impairment of a person’s
physical or mental condition;
“place of employment” means any building, site, workshop, structure,
quarry, or other premises or place in which one or more employees
or self-employed persons usually work or have worked;
“plant” includes any machinery, equipment or appliance;
“ self-employed person” means an individual who works for gain or reward
otherwise than under a contract of employment whether or not he
himself employs others;
“substance” means any natural or artificial substance, whether in solid or
liquid form or in the form of a gas or vapour;
“supply” where the reference is to supplying articles means supplying them
by way of sale, lease, hire or hire-purchase whether as a principal or
agent for another;
“Tribunal” means the Industrial Tribunal established under the Industrial
Relations Act.
(2) For the purposes of this Act -
(a) “work” means work as an employee or as a selfemployed person;
(b) an employee is at work throughout the time when he
is in the course of his employment, but not otherwise;
and
(c) a self-employed person is at work throughout such
ti h d t t k lf l dReproduction for Lexbahamas © 2002  4
Application of Act.
General duties of
employers to their
employees.
time as he devotes to work as a self-employed person.
3. (1)     The provisions of this Act shall have effect with a view to –
(a) securing the health, safety arid welfare of persons at 
             work;
(b) protecting persons other than persons at work against
risks to health or safety arising out of or in connection
with the activities of persons at work;
(c) controlling the keeping and use of explosive or highly 
           flammable or otherwise dangerous substances, and
generally preventing the unlawful acquisition,
possession and use of such substances.
(2) For the purposes of this Act, risks arising out of or in
connection with the activities of persons at work shall be treated as including risks
attributable to the manner of conducting an undertaking, the plant or substances used
for the purposes of an undertaking and the condition of premises so used or any part
of them.
4. (1)         It shall be the duty of every employer to ensure, so far as is
reasonably practicable, the health, safety and welfare at work of all his employees.
(2) Without prejudice to the generality employer’s duty under
subsection (1) the matters to which that duty extends include in particular —
(a) the provision and maintenance of plant and systems
of work that are, so far as is reasonably practicable,
safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably
practicable, safety and absence of risks to health in
connection with the use handling storage andReproduction for Lexbahamas © 2002  5
General duties of
employers and selfemployed to
persons other than
their employees.
connection with the use, handling, storage and
transport of articles and substances;
 (c) the provision of such information, instruction,
training and supervision as is necessary to ensure, so
far as is reasonably practicable, the health and safety
at work of his employees;
(d) so far as is reasonably practicable as regards any
place of work under the employer’s control, the
maintenance of it in a condition that is safe and
without risks to health and the provision and
maintenance of means of access to arid egress from it
that are safe arid without such risks;
(e) the provision and maintenance of a working
environment for his employees that is, so far as is
reasonably practicable, safe, without risks to health,
and adequate as regards facilities and arrangements
for their welfare at work.
5. (1)   It shall be the duty of every employer to conduct his
undertaking in such a way as to ensure, so far as is reasonably practicable, that
persons not in his employment who may be affected thereby are not thereby exposed
to risks to their health or safety.
(2) It shall be the duty of every self—employed person to
conduct his undertaking in such a way as to ensure, so far as is reasonably
practicable, that he and other persons (not being his employees) who may be
affected thereby are not thereby exposed to risks to their health or safety.
(3) In such cases as may be prescribed, it shall be the duty of
every employer and every self-employed person, in the prescribed circumstances
and in the prescribed manner to give to persons (not being his employees) who mayReproduction for Lexbahamas © 2002  6
General duties of
rnanufacturers etc
as regards articles
and substances for
use at work.
and in the prescribed manner, to give to persons (not being his employees) who may
be affected by the way in which he conducts his undertaking the prescribed
information about such aspects of the way in which he conducts his undertaking as
might affect their health or safety.
6.     (1)       It shall be the duty of any person who designs, manufactures,
imports or supplies any article for use at work or any article of fairground equipment

(a) to ensure, so far as is reasonably practicable, that the
article is so designed and constructed that it will be
safe and without risks to health at all times when it is
being set, used, cleaned or maintained by a person at
work;
(b) to carry out or arrange for the carrying out of such
testing and examination as may be necessary for the
performance of the duty imposed on him by
paragraph (a);
(c) to take such steps as are necessary to secure that
persons supplied by that person with the article are
provided with adequate information about the use for
which the article is designed or has been tested and
about any conditions necessary to ensure that it will
be safe and without risks to health at all such times as
are mentioned in paragraph (a) and when it is being
dismantled or disposed of; and
(d) to take such steps as are necessary to secure, so far as
is reasonably practicable, that persons so supplied are
provided with all such revisions of information
provided to them by virtue of paragraph (c) as are
necessary by reason of its becoming known that
thi i i t i i k t h lthReproduction for Lexbahamas © 2002  7
anything gives rise to a serious risk to health or
safety.
(2) It shall be the duty of any person who designs,
manufacturers, imports or supplies any articles of fairground equipment -
(a)      to ensure, so far as is reasonably practicable, that the
article is so designed and constructed that it will be
safe and without risks to health at all times when it is
being used for or in connection with the entertainment
of members of the public;
(b) to carry out or arrange for the carrying out of such
testing and examination as may be necessary for the
performance of the duty imposed on him by
paragraph (a);
(c) to take such steps as are necessary to secure that
persons supplied by that person with the article are
provided with adequate information about the use for
which the article is designed or has been tested and
about any conditions necessary to ensure that it will
be safe and without risks to health at all times when it
is being used for or in connection with the
entertainment of members of the public; and
  
  (d)  to take such steps as are necessary to secure, so far as 
   is reasonably practicable, that persons so supplied are
   provided with all such revisions of information 
   provided to them by virtue of paragraph (c) as are 
   necessary by reason of it becoming known that 
   anything gives rise to a serious risk to health or
    safety.
(3) It shall be the duty of any person who undertakes theReproduction for Lexbahamas © 2002  8
 (3) It shall be the duty of any person who undertakes the
design or manufacture of any article for use at work (or of any article of fairground
equipment) to carry out or arrange for the carrying out of any necessary research
with a view to the discovery and, so far as is reasonably practicable, the elimination
or minimisation of any risks to health or safety to which the design or article may
give rise.
(4) It shall be the duty of any person who erects or installs any
article for use at work in any premises where that article is to be used by persons at
work (or who erects or installs any article of fairground equipment) to ensure, so far
as is reasonably practicable, that nothing about the way in which the article is
erected or installed makes it unsafe or a risk to health at any such time as is
mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a)
of subsection (2).
(5) It shall be the duty of any person who manufactures, imports
or supplies any substance -
(a) to ensure, so far as is reasonably practicable, that the
substance will be safe and without risks to health at
all times when it is being used, handled, processed,
stored or transported by a person at work;
    
                                     (b)      to carry out or arrange for the carrying out of such 
    testing and examination as may be necessary for the 
    performance of the duty imposed on him by paragraph
                                                (a);
    
                                      (c)      to take such steps as are necessary to ensure that 
    persons supplied by that person with the substance are 
    provided with adequate information about any risks
    to health or safety to which the inherent properties of 
                                                the substance may give rise, about the results of any 
l t t t hi h h b  i d tReproduction for Lexbahamas © 2002  9
    relevant tests which have been carried out on or
    in connection with the substance and about any 
    conditions necessary to ensure that the substance will 
    be safe and without risks to health at all such times
    as are mentioned in paragraph (a) and when the 
   substance is being disposed of; and
  (d)  to take such steps as are necessary to secure, so far as 
   is reasonably practicable, that persons so supplied are
   provided with all such revisions of information 
   provided to them by virtue of paragraph (c) as are 
   necessary by reason of its becoming known that 
    anything gives rise to a serious risk to health or
    safety.
 (6) It shall be the duty of any person who undertakes the
manufacture of any substance to carry out or arrange for the carrying out of any
necessary research with a view to the discovery and, so far as is reasonably
practicable, the elimination or minimisation of any risks to health or safety to which
the substance may give rise (at all such times as are mentioned in paragraph (a) of
subsection (5)
(7) Nothing in the preceding provisions of this section shall be
taken to require a person to repeat any testing, examination or research which has
been carried out otherwise than by him or at his instance, in so far as it is reasonable
for him to rely on the results thereof for the purposes of those provisions.
(8) Any duty imposed on any person by any of the preceding
provisions of this section shall extend only to things done in the course of a trade,
business or other undertaking carried on by him (whether for profit or not) and to
matters within his control.
(9) Where a person designs, manufacturers, imports or supplies
ti l (f t k ti l f f i d i t d d f tReproduction for Lexbahamas © 2002  10
an article (for use at work or an article of fairground equipment and does so for or to
another) on the basis of a written undertaking by that other to take specified steps
sufficient to ensure, so far as is reasonably practicable, that the article will be safe
and without risks to health (at all such times as are mentioned in paragraph (a) of
subsection (1) or, as the case may be, in paragraph (a) of subsection (2), the
undertaking shall have the effect of relieving the first-mentioned person from the
duty imposed (by virtue of that paragraph) to such extent as is reasonable having
regard to the terms of the undertaking.
(10) Nothing in subsection (8) or (9) shall relieve any person who
imports any article or substance from any duty in respect of anything which —
(a) in the case of an article designed outside The
Bahamas was done by and in the course of any trade,
profession or other undertaking carried on by, or was
within the control of, the person who designed the
article; or
(b) in the case of an article or substance manufactured
outside The Bahamas was done by and in the course
of any trade, profession or other undertaking carried
on by, or was within the control of, the person who
manufactured the article or substance.
(11) For the purposes of this section an absence of safety or a risk
to health shall be disregarded in so far as the case in or in relation to which it would
arise is shown to be one of the occurrence of which could not reasonably be
foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of
subsection (1), (2) or (5) has been performed regard shall be had to any relevant
information or advice which has been provided to any person by the person by
whom the article has been designed, manufactured, imported or supplied or, as the
case may be, by the person by whom the substance has been manufactured, imported
or supplied. Reproduction for Lexbahamas © 2002  11
General duties of
employees at work.
Duty not to interfere.
Duty not to charge
employees.
Inspector.
Improvement
notices.
7. It shall be the duty of every employee while at work -
(a) to take reasonable care for the health and safety of
himself and of other persons who may be affected by
his acts or omissions at work; and
(b) as regards any duty or requirement imposed on his
employer or any other person by or under any of the
relevant statutory provisions, to co-operate with him
so far as is necessary to enable that duty or
requirement to be performed or complied with.
8. No person shall intentionally or recklessly interfere with or
misuse anything provided in the interests of health, safety or welfare in pursuance of
any provisions of this Act.
9. No employer shall levy or permit to be levied on any
employee of his any charge in respect of anything done or provided in pursuance of
any of the provisions of this Act.
10. The Minister may designate any suitably qualified public
officer as an inspector to ensure compliance with this Act.
             11.                     If an inspector is of the opinion that a person -
(a) is contravening any provision of this Act;
(b) has contravened one or more of those
provisions in circumstances that make it
likely that the contravention will continue or
be repeated,
he may serve on him a notice (in this Act referred to as “an improvement notice”)
stating that he is of that opinion, specifying the provision or provisions as to which
he is of that opinion, giving particulars of the reasons why he is of that opinion, and
i i th t t d th t ti th b th ttReproduction for Lexbahamas © 2002  12
Prohibition notices.
requiring that person to remedy the contravention or, as the case may be, the matters
occasioning it within such period (ending not earlier than the period within which an
appeal against the notice can be brought under section 14) as may be specified in the
notice.
                               12.       (1)        This section applies to any activities which are
being or are likely to be carried on by or under the control of any person, being
activities to or in relation to which any of the relevant statutory provisions apply or
will, if the activities are so carried on, apply.
                                           (2) If as regards any activities to which this
section applies an inspector is of the opinion that, as carried on or likely to be carried
on by or under the control of. the person in question, the activities involve or, as the
case may be, will involve a risk of serious personal injury, the inspector may serve
on that person a notice (in this Part referred to as a prohibition notice”)
                                           (3) A prohibition notice shall -
(a) state that the inspector is of
           the said opinion;
(b) specify the matters which in his
opinion give or, as the case
may be, will give rise to the
said risk;
(c) where in his opinion any of
those matters involve or, as the
case may be, will involve a
contravention of any of the
relevant statutory provisions,
state that he is of that opinion,
specify the provision or
provisions as to which he is ofReproduction for Lexbahamas © 2002  13
Provisions supplementary to sections
10 and 11.
provisions as to which he is of
that opinion, and give
particulars of the reasons why
he is of that opinion; and
(d) direct that the activities to
which the notice relates shall
not be carried on by or under
the control of the person on
whom the notice is served
unless the matters specified in
the notice in pursuance of
paragraph (b) and any
associated contravention or
provisions so specified in
pursuance of paragraph (c)
have been remedied.
                                          (4)        A direction contained in a prohibition notice in
pursuance of subsection (3) (d) shall take effect —
(a) at the end of the period
specified in the notice; or
(b) if the notice so declares,
immediately.
13. (1) In this section “a notice” means an improvement notice or a
prohibition notice.
(2) A notice may include directions as to the measures to be
taken to remedy any contravention or matter to which the notice relates; and any
such directions - Reproduction for Lexbahamas © 2002  14
(a) may be framed to any extent by reference to any
approved code of practice; and
(b) may be framed so as to afford the person on whom
the notice is served a choice between different ways
of remedying the contravention or matter.
(3) Where any of the relevant statutory provisions applies to a
building or any matter connected with a building and an inspector proposes to serve
an improvement notice after consultation with the relevant building authorities
relating to a contravention of that provision in connection with that building or
matter, the notice shall riot direct any measures to be taken to remedy the
contravention of that provision which are more onerous than those necessary to
secure conformity with the requirements of any building regulations for the time
being in force to which that building or matter would be required to conform if the
relevant building were being newly erected unless the provision in question imposes
specific requirements more onerous than the requirements of any such building
regulations to which the building or matter would be required to conform as
aforesaid.
(4) In subsection (3) “the relevant building”, in the case of a
building, means that building, and, in the case of a matter connected with a building,
means the building with which the matter is connected.
(5) Before an inspector serves in connection with any premises
other than a private dwelling used or about to be used as a place of work a notice
requiring or likely to lead to the taking of measures of affecting the means of escape
in case of fire with which the premises are or ought to be provided, he shall consult
with the fire brigade of the Royal Bahamas Police Force.
(6) Where an improvement notice or a prohibition notice which
is not to take immediate effect has been served - Reproduction for Lexbahamas © 2002  15
Appeal against
improve merit or
prohibition notice.
Power to deal with
cause of imminent
danger.
(a) the notice may be withdrawn by an inspector at any
time before the end of the period specified therein in
pursuance  of section 11 or subsection (4) of
section 12, as the case may be; and
(b) the period so specified may be extended or further
extended by an inspector at any time when an
appeal against the notice is not pending.
   
                14.    (1)      In this section “a notice” means an improvement notice or a
prohibition notice.
(2) A person on whom a notice is served may within such period
from the date of its service as may be prescribed appeal to the Tribunal; and on such
an appeal the Tribunal may either cancel or affirm the notice and, if it affirms it, may
do so either in its original form or with such modifications as the Tribunal may in
the circumstances think fit.
(3) Where an appeal under this section is brought against a
notice within the period allowed under subsection (2), then —
(a) in the case of an improvement notice, the bringing of
the appeal shall have the effect of suspending the
operation of the notice until the appeal is finally
disposed of or, if the appeal is withdrawn, until the
withdrawal of the appeal;
(b) in the case of a prohibition notice, the bringing of the
appeal shall have the like effect if, but only if, on the
application of the appellant the Tribunal so directs
(and then only from the giving of the direction)
15. (1)     Where, in the case of any article or substance found by him in
any premises which he has power to enter, an inspector has reasonable cause to
b li  th t  i  th  i  t  i  hi  h h  fi  d  it  th  ti l  b t  iReproduction for Lexbahamas © 2002  16
believe that, in the circumstances in which he finds it, the article or substance is a
cause of imminent danger of serious personal injury, he may seize it and cause it to
be made harmless (whether by destruction or otherwise)
(2) Before there is made harmless under this section -
(a) any article that forms part of a batch of similar
articles; or
(b) any substance,
the inspector shall, if it is practicable for him to do so, take a sample thereof and
give to a responsible person at the premises where the article or substance was found
by him a portion of the sample marked in a manner sufficient to identify it.
(3) As soon as may be after any article or substance has been
seized and made harmless under this section, the inspector shall prepare arid sign a
written report giving particulars of the circumstances in which the article or
substance was seized and so dealt with by him, and shall —
(a) give a signed copy of the report to a responsible
person at the premises where the article or substance
was found by him; and
(b) unless that person is the owner of the article or
substance, also serve a signed
copy of the report on the owner;
and if, where paragraph (b) applies, the inspector cannot after reasonable enquiry
ascertain the name or address of the owner, the copy may be served on him by
giving it to the person to whom a copy was given under paragraph (a). Reproduction for Lexbahamas © 2002  17
Power of customs
officer to detain
articles and substances.
Offences.
Advisory Council.
16. (1)   A customs officer may, for the purpose of facilitating the
exercise or performance by an inspector of any of the powers or duties of the
inspector under any of the provisions of this Part, seize any imported article or
imported substance and detain it for not more than two working days.
(2) Anything seized and detained under this section shall be dealt
with during the period of its detention in such manner as the Comptroller of
Customs may direct.
(3) In subsection (1) the reference to two working days is a
reference to a period of forty—eight hours calculated from the time when the goods
in question are seized but disregarding so much of any period as falls on a Saturday,
Sunday or a public holiday.
17. Any person who contravenes any provision of this Act is
guilty of an offence and shall be liable on summary conviction to a fine of five
thousand dollars.
18. (1)      There shall be an Advisory Council for Health and Safety
which, subject to this Act, shall be responsible for such matters as the Minister may
prescribe.
(2) The Council shall consist of a Chairman appointed by the
Minister and not less than ten other persons of whom - 
(a) three shall be appointed by the Minister after
consultation with such organizations representing
employers as he considers appropriate;
(b) three shall be appointed by the Minister after
consultation with such organizations representing
employees as he considers appropriate;
(c) one shall be appointed by the Minister of Health; Reproduction for Lexbahamas © 2002  18
Regulations.
(d) one shall be appointed by the Minister responsible for
Building Regulation;
(e) one shall be appointed by the Director of Fire
Services; and
(f) the inspector designated by the Minister under section
10(1).
(3) A member of the Council, other than the inspector, shall hold
office for a period not exceeding three years, and shall be eligible for re—
appointment.
(4) The Chairman and other members of the Council, other than
the inspector, shall be paid such remuneration (whether by way of honorarium,
salary of fee) as the Minister may determine.
 (5) The Council may regulate its own proceedings.
19. (1)     Subject to subsection 2, the Minister may make regulations
respecting any matter deemed necessary or advisable to carry out the intent and
purpose of this Act.
(2) Before making any regulations under subsection (1), the
Minister shall consult the Council and such organizations as appear to him to be
representative of the employees and the places of employment concerned.
(3) Different regulations may be made for different places of
employment.
(4) Regulations under this Act shall be subject to the negative
resolution procedure. Reproduction for Lexbahamas © 2002  19
Codes of
practice.
Exemption.
Establishment of
health and safety
committees.
Conflict with other
Acts and savings.
Expenses.
Act binds the
Crown.
20. For the purpose of providing practical guidance with respect
to the requirements of any provision of the regulations, the Minister may, after
consultation with the Council and any interested persons as he considers advisable,
approve and issue such codes of practice, or any amendment, repeal or revision
thereof, as in his opinion are suitable for that purpose.
21. The Minister may, on the advice of the Council and after
consultation with any interested persons as he considers advisable, exempt
conditionally or otherwise any person or class of persons from any provision of this
Act, the regulations or codes of practice, provided that the standard of health and
safety of any employee at work is not thereby adversely affected.
22. At every place of employment where twenty or more persons
are employed, the employer shall cause a committee to be established to be known
as a health and safety committee in accordance with regulations made under this
Act.
23. Nothing in this Act or the regulations shall derogate from the.
Environmental Health Act, the Buildings Regulation Act, the Town Planning Act or
any regulations made thereunder or any other Act or regulations relating to health
and safety at work, but in the event of any conflict between this Act and any of the
aforementioned Acts or regulations, the provisions of this Act or the regulations, as
the case may be, shall, in so far as they relate to health and safety at work, prevail.
24. All expenses incurred for the purposes of this Act shall be
defrayed out of moneys provided by Parliament.
25. This Act binds the Crown.
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Council Decision of 18 July 2011 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Germany, Hungary and Portugal [2011-07-23]
Council Decision of 21 March 2011 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg, Malta and Austria [2011-03-24]
Council Decision of 21 March 2011 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg and Malta [2011-03-24]
DECISION Approving the National Program on labor protection, safety and sanitation up to 2010 [2006-10-18]
COMMISSION RECOMMENDATION OF 19 SEPTEMBER 2003 CONCERNING THE EUROPEAN SCHEDULE OF OCCUPATIONAL DISEASES (TEXT WITH EEA RELEVANCE) (NOTIFIED UNDER DOCUMENT NUMBER C(2003) 3297) [2003-09-19]