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236.   Prohibition of certain chemicals and appeals against prohibition orders

Revised Laws of Saint Lucia (2021)

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236.   Prohibition of certain chemicals and appeals against prohibition orders

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    (1)   Where a chemical, physical agent or biological agent or a combination of such chemical, physical and biological agents is used or is intended to be used in the workplace and its presence in the workplace or the manner of its use is, following an inspection, in the Chief Occupational Safety and Health Officer's opinion, likely to endanger the health of an employee, the Chief Occupational Safety and Health Officer shall by notice in writing to the employer order that the use, intended use, presence or manner of use be—

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      (a)     prohibited;

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      (b)     limited or restricted in such manner as the Chief Occupational Safety and Health Officer specifies; or

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      (c)     subject to such conditions regarding administrative control, work practices, engineering control and time limits for compliance as the Chief Occupational Safety and Health Officer specifies.

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    (2)   Where the Chief Occupational Safety and Health Officer makes an order under subsection (1), the order shall—

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      (a)     identify the chemical, physical agent or biological agent, or a combination of such a chemical and agents, and the manner of use that is the subject matter of the order; and

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      (b)     state the opinion of the Chief Occupational Safety and Health Officer as to the likelihood of the danger to the health of employees, and the Chief Occupational Safety and Health Officer reasons in respect, including the matters or causes which give rise to the Chief Occupational Safety and Health Officer's opinion.

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    (3)   The employer shall provide a copy of an order made under subsection (1), to the committee, safety and health representative and trade union, if any, and shall cause a copy of the order to be posted in a conspicuous place in the workplace where it is most likely to come to the attention of the employees who may be affected by the use, presence or intended use of the chemical, physical agent or biological agent or a combination of such a chemical and agent.

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    (4)   Where an employer, considers that he or she is aggrieved by an order made under subsection (1), the employer may, by notice in writing, within 7 days of the making of the order, appeal to the Tribunal.

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    (5)   On receipt of a notice of appeal under subsection (4), the Tribunal may suspend the operation of the order appealed from pending the disposition of the appeal.

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    (6)   The Tribunal may, having regard to the circumstances, determine the appeal within thirty days of notice of such appeal.

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    (7)   On an appeal, the Tribunal, may substitute its findings for those of the Chief Occupational Safety and Health Officer and may rescind or affirm the order appealed from or make a new order in substitution therefor and such order shall stand in the place of and have the like effect as the order of the Chief Occupational Safety and Health Officer.

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    (8)   The Chief Occupational Safety and Health Officer, in making a decision or order under subsection (1), or the Tribunal under subsection (8), shall consider as relevant factors—

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      (a)     the relation to the chemical or agent, combination of chemicals and agents or by product to a chemical or a biological agent that is known to be a danger to health;

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      (b)     the quantities of the chemical or agent, combination of chemicals and agents or by product used or intended to be used or present;

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      (c)     the extent of exposure;

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      (d)     the availability of other processes, chemicals and agents or equipment for use or intended use;

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      (e)     data regarding the effect of the process or chemical or agent on health; and

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      (f)     any criteria or guide with respect to the exposure of employees to a chemical, physical agent or biological agent or a combination of such a chemical and agents that are adopted by the regulations.

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    (10)   This section does not apply to critical substances.

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