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179.   Orders

Revised Laws of Saint Lucia (2022)

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179.   Orders

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    (1)   Where an authorized officer finds that a provision of this Part or Regulations made thereunder is being contravened, that authorized officer may order, orally or in writing, the owner, employer, or person in charge of a workplace to comply with the provision and may require the order to be carried out promptly or within such period of time as the authorized officer specifies.

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    (2)   Where an authorized officer makes an oral order under subsection (1), he or she shall confirm the order in writing before leaving the workplace.

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    (3)   An order made under subsection (1) shall indicate generally the nature of the contravention and, where appropriate, the location of the contravention.

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    (4)   An order made under subsection (1) may require an employer or person in control to submit to the Department of Labour a compliance plan prepared in the manner as directed by the Chief Occupational Safety and Health Officer and including such items as required by the order.

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    (5)   The compliance plan shall specify what the employer or person in control has to do to comply with the order and when the employer intends to achieve compliance.

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    (6)   Where an authorized officer makes an order under subsection (1) and finds that the contravention of this Part or the Regulations is a danger or hazard to the safety and health of employees, he or she may—

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      (a)     order that any place, equipment, machine, device, article or any process or chemical shall not be used until the order is complied with;

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      (b)     order that the work at the workplace or in the affected area as indicated in the order shall stop until the order to stop work is withdrawn or cancelled by the Department of Labour after an inspection; or

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      (c)     order that the workplace or the affected area where the contravention exists be cleared of employees and isolated by barricades, fencing or any other means suitable to prevent access thereto by any employee until the danger or hazard to the safety or health of employees is removed.

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    (7)   Notwithstanding subsection (6)(b), an employer or person in control who gives notice to the authorized officer of compliance with an order made under subsection (6), may resume work pending an inspection and decision by the Department of Labour respecting compliance with the order and the employer shall bear all liability arising out the decision to resume.

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    (8)   Where an authorized officer makes an order under subsection (1), or where the Department of Labour has been advised of an employer's inability to obtain an unexpired chemical safety data sheet, an authorized officer may order that the hazardous chemical shall not be used or that the article that causes, emits or produces the hazardous physical agent shall not to be used or operated until the order is withdrawn or cancelled.

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    (9)   Where an authorized officer makes an order under this section, he or she may affix to the workplace, or to any equipment, machine, device or article a copy or a notice in the prescribed form and no person, except an authorized officer, shall remove such copy or notice unless authorized to do so by an authorized officer.

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    (10)   Where an authorized officer makes an order in writing or issues a report of his or her inspection to an employer or person in charge of the workplace, the employer or person in charge of the workplace shall promptly cause a copy or copies of the order to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the employees and shall furnish a copy of such order or report to the safety and health representative or the committee, and the recognized trade union, if any.

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    (11)   An authorized officer shall hold or afford to an employer or a person in charge of a workplace, an opportunity for a hearing before making an order.

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    (12)   Where an order is made under this section, the Chief Occupational Safety and Health Officer shall notify the National Insurance Corporation in writing and the relevant recognized trade union, if any.

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