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192.   Establishment of joint workplace safety and health committees

Revised Laws of Saint Lucia (2021)

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192.   Establishment of joint workplace safety and health committees

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    (1)   A joint workplace safety and health committee representing both employers and employees is required to be established—

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      (a)     at a workplace at which twenty or more employees are regularly employed;

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      (b)     at a workplace with respect to which an order to an employer is in effect under section 236; or

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      (c)     at a workplace where fewer than 20 employees are regularly employed, with respect to a prescribed critical substance.

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    (2)   This section does not apply to an employer at a construction site at which work is expected to last less than 3 months.

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    (3)   The Minister may make regulations exempting an employer or workplace or class of employers or workplaces from the provisions of this section.

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    (4)   The employers of a workplace referred to in Schedule 10 are exempt from the requirements of this section.

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    (5)   Notwithstanding subsections (1), (2) and (3), the Labour Commissioner may, by order, require an employer to establish and maintain one or more joint workplace safety and health committees for a workplace or a part and may, in such order, provide for the composition, practice and procedure of any committee so established.

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    (6)   The employer shall cause a joint workplace safety and health committee to be established and maintained at the workplace unless the Labour Commissioner is satisfied that a committee of like nature or an arrangement, programme or system in which the workers participate was, on the date of commencement of this Act, established and maintained under a collective agreement or other agreement or arrangement and that such committee, arrangement, programme or system provides benefits for the safety and health of the employees equal to or greater than the benefits to be derived under a committee established under this section.

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    (7)   In exercising the power conferred under subsection (5), the Labour Commissioner shall consider—

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      (a)     the nature of the work being done;

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      (b)     the request of an employer, a group of the employees or the trade union or trade unions representing the employees in a workplace;

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      (c)     the frequency and severity of occupational disease, occupational illness, or injury in the workplace or in the industry of which the employer is a part;

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      (d)     the existence of safety and health programmes and procedures in the workplace and the effectiveness; and

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      (e)     such other matters as the Labour Commissioner considers advisable.

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    (8)   A committee shall, under subsection (6), consist of—

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      (a)     at least 4 persons, for a workplace where fewer than 50 employees are regularly employed; or

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      (b)     at least 6 persons or such greater number of persons as may be prescribed, for a workplace where 50 or more employees are regularly employed.

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    (9)   Where an employer establishes a committee under this section the employer shall in writing notify the Labour Commissioner of the same within 14 days after the establishment of the committee.

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