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191.   Functions and powers of safety and health representatives

Revised Laws of Saint Lucia (2021)

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191.   Functions and powers of safety and health representatives

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    (1)   Unless otherwise required under the regulations or by an order of an authorize d officer, a safety and health representative shall inspect the physical conditions of the workplace at least once a month.

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    (2)   If it is not practical to inspect the workplace at least once a month, the safety and health representative shall inspect the physical condition of the workplace at least once a year, inspecting at least a part of the workplace in each month.

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    (3)   The inspection required by subsection (2) shall be undertaken in accordance with a schedule agreed upon by the employer and the safety and health representative.

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    (4)   The employer and workers shall provide a safety and health representative with such information and assistance as such representative may require for the purpose of carrying out an inspection of the workplace.

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    (5)   A safety and health representative who identifies situations that may be a source of danger or hazard to employees shall make recommendations or report his or her findings thereon to the Department of Labour, the employer, the employees and the trade union or trade unions representing the employees.

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    (6)   A safety and health representative has the power—

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      (a)     to obtain information from an employer concerning the conducting of tests on any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of ensuring or safeguarding occupational safety and health;

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      (b)     to be consulted about and be present at the beginning of testing referred to in paragraph (a), if the representative believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid; and

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      (c)     to obtain information from an employer respecting

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        (i)     the identification of potential or existing hazards of materials, processes or equipment; and

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        (ii)     safety and health, experience and work practices and standards in similar or other industries of which the employer has knowledge.

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    (7)   An employer who receives recommendations from a safety and health representative under subsection (5), shall respond in writing within 21 days and a response of an employer under this subsection shall contain a timetable for implementing the recommendations the employer agrees with and where he or she does not agree with any of the recommendations shall give reasons why he or she disagrees with the recommendations.

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    (8)   Where a person is killed or critically injured at a workplace, the safety and health representative shall notify the Department of Labour, the employer and the Police immediately.

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    (9)   A safety and health representative or a representative of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the employer and the employees has, in addition to his or her functions and the powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon safety and health representatives by this section.

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    (10)   A safety and health representative shall maintain and keep a record of the exercise of his or her functions and powers conferred upon him or her by this section and shall make the same available for examination by an authorized officer.

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