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259.   Reports and records

Revised Laws of Saint Lucia (2021)

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259.   Reports and records

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    (1)   In addition to the duties imposed by section 257, an employer shall—

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      (a)     establish an occupational health programme for employees and maintain the same according to the standards prescribed;

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      (b)     keep and maintain accurate records of the handling, storage, use and disposal of chemicals, physical agents or biological agents as prescribed;

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      (c)     accurately keep, maintain and make available to an employee affected such records of the exposure of the employee to chemicals, physical agents or biological agents as may be prescribed;

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      (d)     notify the Department of Labour of the use or introduction into a workplace of such chemicals, physical agents or biological agents as may be prescribed;

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      (e)     monitor at such times or at such intervals the levels of chemicals, physical agents or biological agents in a workplace and keep and post accurate records as prescribed;

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      (f)     comply with any standards limiting the exposure of employees to chemicals, physical agents or biological agents as prescribed;

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      (g)     establish a medical surveillance program for the benefit of workers as prescribed;

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      (h)     provide for medical examinations and tests for employees as prescribed;

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      (i)     only permit an employee to work in a workplace who has undergone such medical examinations, tests or X rays and who is found to be physically fit to work in the workplace;

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      (j)     where so prescribed, provide an employee with written instructions as to the measures and procedures to be taken for the protection of the employee;

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      (k)     adopt measures to protect the privacy of employees and ensure that medical information is not used for discriminatory purposes or in any manner prejudicial to their interests; and

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      (l)     adopt measures to ensure the welfare, safety and health of physically challenged employees.

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    (2)   Where an employee undergoes prescribed medical examinations or tests, his or her employer shall pay—

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      (a)     the employee's costs for medical examinations or tests required by the medical surveillance programme or required under the Regulations;

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      (b)     the reasonable travel costs, examinations or tests of the employee; and

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      (c)     for the time the employee spends to undergo the examinations or tests, including travel time, which shall be deemed to be work time for which the employee shall be paid at his or her regular rate.

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    (3)   In addition to providing information and instruction to an employee as required under this Part, an employer shall provide—

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      (a)     to every employee, training on the safe and healthy manner of carrying out his or her work; and

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      (b)     subject to subsection (5), to every committee member who represents employees, if any, or a safety and health representative, if any, training under this Act and the Regulations that apply to the workplace.

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    (4)   In relation to the training that an employee, a committee member who represents employees, if any, or a safety and health representative, if any, receives under subsection (3), his or her employer shall pay for the employee's, committee members, or representative's—

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      (a)     costs for the training;

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      (b)     reasonable travel to the location where the training is provided; and

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      (c)     time spent to undergo the training which shall be deemed to be work time which the worker, committee member or representative shall be paid at his or her regular rate.

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    (5)   If a trade union exists at the workplace, the employer shall involve the trade union in the provision of any occupational safety and health training required under this Act.

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