Revised Laws of Saint Lucia (2021)

Schedule 5

(Section 251 )

REGULATIONS TO BE MADE UNDER SECTION 251

The purposes referred to in section 251 are as follows—

1.     prohibiting the employment of, or modifying or limiting the period of employment of all persons or any class of persons in connection with any manufacture, machinery, plant, process or description of labour certified by the Department of Labour by notice published in the Gazette, to be dangerous;

2.     prohibiting, limiting or controlling the use of any material or process;

3.     modifying or extending any special provision to any class of industrial establishments;

4.     for the purpose of ensuring the health or safety of persons who are employed in any industrial establishment or in connection with machinery or with any employment within the meaning of paragraph (a);

5.     the safe means of approach or access to, and exit from, any industrial establishment, or machinery;

6.     the fencing and covering of all dangerous places or machines;

7.     life saving and first aid appliances and first aid services to be provided by employers;

8.     safety measures in connection with all operations carried on in an industrial establishment;

9.     safety measures in connection with the use of cranes, winches, pulley blocks, and of all engines, machinery, mechanical gear and contrivances generally;

10.     the periodic inspection, testing and classification, according to age, type or condition, of boilers, and for the issue and display of certificates in connection therewith, and for the regulation of the type of safety valves to be fixed to any boiler and the maximum pressure at which boilers of any age, type, class, or condition may be operated;

11.     specifications of proper ventilation of any industrial establishment, having regard to the nature of the process carried on therein;

12.     the sanitation standards, including the provision of lavatory accommodation and sanitary conveniences (having regard to the number of workers employed) at any industrial establishment;

13.     the fees to be paid for the inspection or examination of any industrial establishment or class of establishment and any machinery therein;

14.     the forms and certificates to be used under Division 3 of Part IV;

15.     the records and registers to be maintained;

16.     the lifting or moving of loads by any woman or young person;

17.     the appointment, powers, duties, and fees of medical inspectors;

18.     the manner of medical supervision of employees;

19.     occupations for the purposes of Division 3 of Part IV;

20.     the contents of notices required to be displayed under Part IV;

21.     any industry, workplace, employer or class of workplaces or employers for the purposes;

22.     criteria for exempting any workplace, industry, activity, business, work, trade, occupation, profession, employer or any class from the application of a regulation or any provision;

23.     criteria for limiting or restricting the application of a regulation or any provision to any workplace, industry, activity, business, work, trade, occupation, profession, employer or any class;

24.     criteria for exempting an employer from the provisions relating to a hazardous chemical and the compliance required thereunder;

25.     any matter or article that is required or permitted to be regulated or prescribed;

26.     any fees other than the fees referred to in paragraph 13;

27.     the classes of workplace for which and circumstances under which a committee shall consist of more than 6 persons and in each case prescribing the number of persons;

28.     the employers or workplaces or classes for the purposes of section 192(1)(b);

29.     the criteria for exempting any workplace, industry, activity, business, work, trade, occupation, profession, employer or any class from the application of section 192(2);

30.     the conditions for eligibility, qualifications, selection and term of committee members, and the operation of the committee;

31.     measures regulating or prohibiting the installation or use of any machine, device or article or any class;

32.     the classes of employers who shall establish and maintain a medical surveillance program in which workers may volunteer to participate;

33.     medical surveillance programs;

34.     the reporting system by physicians and others of workers affected by any chemical, physical agent, or biological agent or combination;

35.     atmospheric conditions to which any worker may be exposed in a workplace;

36.     the methods, standards or procedures for determining the amount, concentration or level of any atmospheric condition or any chemical, physical agent, or biological agent or combination in a workplace;

37.     any chemical, physical agent, or biological agent or combination as a critical substance;

38.     the prohibition, regulation, restriction, limitation or control of the handling of, exposure to, or the use and disposal of any critical substance;

39.     the adoption of any code or standard and may require compliance with any such code or standard that is so adopted;

40.     criteria for approving laboratories for the purpose of carrying out and performing sampling, analyses, tests and examinations, and to certify approved laboratories;

41.     training programmes that employers shall provide;

42.     floor plans for the purposes of Part IV;

43.     the forms and notices and providing for their use under Part IV;

44.     building standards for industrial establishments;

45.     the name or description of any chemical as a hazardous chemical, any biological agent as a hazardous biological agent, and any physical agent as a hazardous physical agent;

46.     the criteria to be used by the Labour Commissioner to determine whether information is confidential business information for purposes of section 206(1);

47.     the instances under which an employer can be required to disclose to such persons as may be prescribed the source of toxicological data used by the employer to prepare a chemical safety data sheet;

48.     the format and contents of a chemical safety data sheet;

49.     the intervals at which a safety and health representative or a committee member shall inspect all or part of a workplace;

50.     the medical examinations and tests that an employee is required to undergo to ensure that the employee's health will not affect his or her ability to perform his or her job in a manner that might endanger others;

51.     criteria for declaring certain diseases to be occupational disease for the purposes of Division 3 of Part IV;

52.     the threshold quantity of a given hazardous substance or category of substances which, if exceeded, constitute a major hazard installation;

53.     all other matters which the Minister may consider to be in any way incidental to, connected with or conducive to the discharge of the provisions of Division 3 of Part IV.