OCCUPATIONAL SAFETY AND HEALTHSAMOA
Arrangement of Provisions
PART IPRELIMINARY
1.
2.
3.
4.
5.

Short title
Commencement
Extent of application
Objects of the Act
Interpretation
PART IIADMINISTRATION

6.
7.

8.

9.
10.

Administration of this Act
Appointment ofOccupational Safety and
Health Inspectors
Powers of theCommissioner andOccupational Safety
and Health Inspectors
Employer to allow entry
and inspection
Duty not to charge
employees
PART III
GENERAL DUTIES OF
CARE

11.
12
13
14
15

General duty of
employers to employees
Identification and assessment of hazards
Management of identified
hazards
Training and supervision
Protective clothing and

16
17
18

19

20
21
22

equipment
General duty of
employees
Dangerous work arising
Employer not to dismiss
employees on certain
grounds
Duty of designers,
manufacturers andsuppliers
Accident register
Accident notification andinvestigation
Safety and Health
Employees Committee, orRepresentative
PART IV
SPECIFIC DUTIES OF
CARE

23 Measures to minimise
accidents and injuries
24 Measures to protect
healthPART V
INSPECTIONS ANDNOTICES
25 Commissioner may issue
improvement notice
26 Commissioner may issue
prohibition notice
27 Commissioner may issue
penalty notice
28 Issuing of notices

-229
30

Notices may include
directions
Appeals against notices

34
35

PART VI
REGULATIONS AND CODESOF PRACTICE
31
32
33

Regulations
Codes of practiceUse of codes of practice inproceedings

36
37
38
39
40
41

PART VII
OFFENCES, PENALTIESAND LEGAL PROCEEDINGS

Offences
Circumstances preventing
compliance may be
defence
General penalties
Offences by corporations
Protection against civil
and criminal proceedings
Authority to prosecute
Time for instituting
proceedings for offences
Repetition of certain
offences - additional
penalty__________

2002, No. 5
AN ACT to make provision for the safety, health andwelfare of people at work in Samoa and to establish
procedures for the administration of these matters.
[28th March 2002]
BE IT ENACTED by the Legislative Assembly of Samoa
in Parliament assembled as follows:PART 1
PRELIMINARY
1. Short title - This Act may be cited as the
Occupational Safety and Health Act 2002.
2. Commencement - This Act shall come into force on
the date that it is assented to by the Head of State.
3. Extent of application-(1) This Act is binding on all
employers and employees.
(2) This Act shall bind the Government as from a datenominated by the Minister.

-34. Objects of the Act-(1) The object of this Act is toenhance the productivity, morale and welfare of people atwork, and of people affected by work activity.
(2) Without limiting the generality of subsection (1),this Act also has the objectives of:(a) Securing the safety, health, and welfare at workof employees;(b) Protecting persons at or near places of work, andprotecting the environment, from risks tosafety arising out of the activities of
employees at work; and(c) Fostering a co-operative consultative relationshipbetween government, employers andemployees on the health, safety and welfareof employees at work.
5. Interpretation “Code of Practice” includes any standard, specification
and any other documentary form of practicalguidance approved by the Minister pursuant tosection 32:“Commissioner” means the Commissioner of Labour,or person lawfully acting in the role ofCommissioner:“Committee” and “Safety and Health Committee”
means any committee established under section
22:“Construction Work” means any work in connection
with the construction, erection, installation,
repair, maintenance, painting, alteration or
demolition of any building, structure, road,harbour works, aerodrome, drainage, electricity,water, telephone, bridge, reservoir, pipeline,
tunnel, quarry or similar work and includes any
scaffolding, excavation and site preparation:“Dangerous work” means a task or activity of any kindwhich may cause serious injury to any person:“Department” means the Department of Labour:“Employee” has the same meaning as “worker”.
“Employer” means any person or group of persons forwhom any employee works for hire or reward
and includes a person appointed by the employer

-4to be the employer’s agent in control of thelabour force, or, overseer, engineer, foreperson or
person in charge or having the control ofmanagement of the plant or machinery:“Harmful Noise” means noise that exceeds the
maximum prescribed noise levels to which an
employee can be exposed to over the course ofan eight hour day:
“Improvement Notice” means a notice pursuant tosection 25:“Inspector” means an Occupational Safety and HealthInspector appointed under this Act:
“Machinery” means any prime mover, transmission
machinery and any machine or appliance towhich the motion of a prime mover istransmitted:“Managerial Personnel” has the same meaning as“Employer”:“Minister” means the Minister of Labour:“Next of Kin” means an employee’s spouse andchildren or anyone else so nominated by theemployee:“Person” means a human individual, and also includes
any body of persons corporate or non-corporate:“Place” includes any building, land, room, tent,
vessel, movable structure or business and“premises” has the same meaning:“Plant” means any machinery or hauling, lifting or
carrying apparatus, rolling stock or applianceused in any tree felling or logging operation andalso means any machinery used in construction,
quarrying or mining work for hoisting, lowering,
carrying or the moving from place to place ofmaterial, or for digging or removal of earth, orthe sinking of piles and includes any rope, block,pulley, sling or attachment used in connection
with any plant:“Prime Mover” means any engine, motor or otherappliance which provides mechanical energy
derived from steam, electricity, gas or any othersource:-5“Representative” means a representative appointed
under section 22:“Scaffolding” means any structure, framework,
swinging stage or similar equipment used for the
support or protection of persons engaged inconstruction work for the purpose of carrying outthat work or for the support of materials used inconnection with any such work:“Serious Injury” means an injury or illness of such anature as is likely to incapacitate a person for 48
hours or longer:“Site” in relation to construction, quarrying andmining work, means the place where the work is
being carried out, and includes any area in thevicinity of any such place used for the storage ofmaterials or plant used in connection with thework:“Substance” means any natural or artificial substance,
whether in solid or liquid form or in the form of agas or vapour:“Transmission” means any shaft, wheel, drum, pulley,
gearing, driving belt or other device by which the
motion or a prime mover is transmitted to any
machine or appliance:“Worker” means any person who has entered into orworks under a contract with an employer,
whether the contract be for manual labour,
clerical work or otherwise and whether it be acontract of service or apprenticeship or a contract
personally to execute work, but does not include
managerial personnel.
PART IIADMINISTRATION
6. Administration of this Act-(1) The Department ofLabour shall be responsible for the general administrationand enforcement of this Act and regulations, and of otherenactments relating to labour administration.
(2) The functions of the Department under this Act
shall be directed toward enhancing the productivity, morale

-6and welfare of people at work and people affected by work
activity by way of promoting the safety, health and welfareof people at work; and protecting other persons against risks
to health or safety arising out of or in connection with work
activities.
(3) Without prejudice to the general provisions ofsubsection (2) of this section the functions of the
Department shall include:(a) The provision of general and specific guidance,
advice and assistance to employers andemployees on the provision of this Act andRegulations and Codes of Practice madeunder this Act;(b) The formulation of codes of practice, regulations
and model procedures;(c) The conducting of education and training
programs relevant to occupational safety andhealth;(d) The enforcement of the provisions of the Act,
regulations and codes of practice pursuant tothis Act;(e) As appropriate, the collection of written andstatistical data from employers and othersources, concerning the implementation ofthis Act.
7. Appointment of Occupational Safety and HealthInspectors-(1) The Minister may make arrangements for theadministration of this Act and for the enforcement of any
duty prescribed by this Act, regulation, order or approved
code of practice under this Act.
(2) The Public Service Commission acting on theadvice of the Commissioner shall, appoint such number of
persons to be Occupational Safety and Health Inspectors as
may be necessary for the purposes of this Act.
(3) Where necessary, the Commissioner may appointby writing under his hand, an officer of his Department to
act in the capacity of an Inspector under this Act until suchtime as the Commissioner revokes the appointment andupon such general or special directions or conditions
imposed by the Commissioner.

-7(4) Each person appointed shall be issued an identity
card confirming their appointment.
(5) No person shall be appointed to be an Inspector
unless that person has passed such examination set by theCommissioner of Labour to test the person’s knowledge ofthe provisions of this Act and of work conditions generally
as the Minister requires.
(6) There may from time to time be appointed such
number of Trainee Safety and Health Inspectors as may be
expedient for the purposes of this Act.
(7) While under the supervision of an Inspector, aTrainee appointed under subsection (6) of this section shallbe deemed to be an Inspector for the purposes of this Act.
8. Powers of the Commissioner and Occupational
Safety and Health Inspectors-(1) In accordance with theobjects and provisions of this Act, the Commissioner, or any
officer appointed by him, and an Inspector shall takeappropriate action so as to:(a) Provide information, advice and guidance which
will facilitate the implementation of this Act
by employers and workers;(b) Promote and facilitate voluntary compliancewith the provisions of this Act;(c) Take legal action to enforce compliance with thisAct where evidence can be demonstrated thatvoluntary compliance is unlikely to beachieved within a period reasonable in thecircumstances;(d) Prepare such reports as may be required for theefficient administration of this Act, including
reports on any perceived inappropriateness of
its provisions to circumstances pertaining;(e) Make such inspections, investigations,
examinations, tests, and inquiries and takesuch samples and photographs, and video orfilm as are necessary to ascertain whether theprovisions of this Act have been or are being
complied with; and where any such sample istaken, the Inspector concerned shall, if sorequested, deliver part of it to the employer
concerned;

-8(2) The Commissioner, or any officer authorised byhim, and an Inspector shall have the right to:(a) Enter any business during the day or night where
persons are believed to be employed, except
private residences;(b) Enter in the presence of the occupier, any private
residence during the day solely for the
purpose of investigating a complaint lodged
with the Department by a domestic
employee;(c) Require the production of any book, notice,record, list or other document required by thisAct or other Act administered by the
Department to be kept or exhibited by theemployer, and inspect, examine, and copy ortake notes from it;(d) To question alone or in the presence of any otherperson, the employer or any person who is, or
has in the preceding month, been employedin the place and require that person to sign astatement relating to the matter in question;
PROVIDED THAT no person shall,on being questioned by an Inspector be
required to answer any question tending to beself incriminating;(e) To subpoena any person as a witness in any legal
action taken under this Act;(f) Exercise such other powers and authorities as
may be necessary to carry this Act into effect;(g) Require any process or method of work to be
stopped immediately if the process or methodof work poses an immediate danger to thesafety or health of employees, people
lawfully on the premises or members of the
public.
(3) Every Inspector exercising a power under thissection shall produce the identity card to the employer, theemployer’s representative or an employee or an employee’s
representative, if requested.
(4) Except for the purposes of this Act and theexercising of the functions under this Act, no Inspector shalldisclose to any person any information acquired in the-9course of the exercise of those functions unless directed inwriting by the Minister or a Judge, to release that
information to the Minister or the Court.
(5) Subject to such exceptions as may be prescribed, anInspector:(a) Shall not have any direct or indirect interest in
any business under that Inspector’s
supervision;(b) Shall as far as possible treat as confidential thesource of any complaint relating to a defector breach of the law.
9. Employer to allow entry and inspection-(1) Any
person who obstructs or fails to assist an Inspector who is
exercising his powers and functions under this Act is guiltyof an offence.
(2) All registers or other records required by this Act
shall be retained for a minimum period of 3 years by an
employer.
10. Duty not to charge employees – It shall be an
offence for an employer to levy, or permit to be levied onany employee any charge in respect of anything done orprovided in pursuance of any requirement of this Act.
PROVIDED THAT this section shall not prevent an
employer from recovering from an employee the cost of any
lost or damaged protective or safety equipment, gear or
clothing entrusted to that employee and which is lost or
damaged by reason of the fault of that employee.
PART III
GENERAL DUTIES OF CARE
11. General duty of employers to employees - An
employer must take all reasonably practicable steps toprotect the safety, health and welfare at work of employees
and to provide and maintain a safe and healthy working
environment including substances, systems of work and any
building or public or private area in which work takes place.

-1012. Identification and assessment of hazards-(1) Each
employer must establish and maintain effective methods for:(a) Systematically identifying existing and potential
hazards to employees;(b) Systematically identifying, at the earliest
practicable time, new hazards to employees;(c) Regularly assessing the extent to which a hazard
poses a risk to employees.
(2) Such methods may include but not necessarily belimited to self inspection and hazard identification processes
approved by the Commissioner and notified or publishedfrom time to time in the Savali, and shall be carried out incooperation with workplace representatives and Committees
elected in accordance with any Code of Practice, orotherwise recognised under this Act.
13. Management of identified hazards-(1) Each
employer must take appropriate steps to control hazards
which are identified and assessed as posing a threat to thesafety, health or welfare of employees, and wherepracticable, the hazard shall be eliminated.
(2) If elimination is impracticable then steps shall betaken to isolate hazards from employees.
(3) If elimination or isolation is impracticable, then theemployer must take steps:(i) to minimise the likelihood that thehazard will be a cause or source of harm to
the employees; and(ii) to ensure that protective clothing andgear is provided, such as meets the standards
outlined in this Act, including Codes ofPractice and Regulations issued under thisAct; and(iii) to monitor the exposure of employees
to the hazard; and(iv) to monitor, with their informed
consent, the health of employees in relation
to exposure to the hazard.

-11(4) The steps taken under this section shall include
action to protect the environment, and persons in theenvironment from emissions, leakage or spillage from any
machine, process or substance used or stored in the courseof the employer’s business or operations.
14. Training and supervision-(1) Each employer musttake all reasonably practicable steps to provide to his
employees, in appropriate languages, the information,
instruction, training and supervision necessary to protect
each employee’s health and to deal with emergencies thatmight reasonably be expected to arise in the course of work.
(2) Without limiting the generality of subsection (1), an
employer contravenes the requirements specified if theemployer fails to ensure that an employee undertakes any
work with machinery:(a) With proper instruction about the dangers likely
to arise in connection with that work or
machinery and the precautions to be taken; or(b) The employee:(i) is a person with training andexperience of that work or machinery; or(ii) is effectively supervised by a person
who possesses knowledge and experience ofthat work or machinery,so as to enable the employee to avoid those dangers and takethose precautions.
15. Protective clothing and equipment - Each
employer shall:(a) Provide, maintain and make accessible toemployees the protective clothing andequipment necessary to avoid injury anddamage to their health; and(b) Take all reasonably practicable steps to ensurethat employees use that protective clothing
and equipment whenever the circumstances
for which it is provided arise; and(c) Make provision, in the place of work, forprotective clothing and equipment so
provided to be cleaned and securely stored
without risk of damage when not required.

-1216. General duty of employees - Each employee shall:(a) Take all reasonable care to protect his or her
health and safety at work, and, of fellow
workers and, as appropriate, other persons in
the vicinity;(b) Use protective clothing and equipment suppliedin accordance with this Act and its related
Codes of Practice and Regulations; and(c) Not use protective clothing and equipment
supplied in accordance with this Act and its
related Codes of Practice and Regulations forany purpose not directly related to the work
for which it is provided.
17. Dangerous work arising-(1) An employee who
believes, on reasonable grounds, that there is a serious
danger (being a danger the differs in kind or form, and isgreater than the dangers inherent in the work the employee
is employed to do) to the worker or that a serious danger tothe public has arisen or might arise from work for his
employer, shall bring that belief to the attention of theemployer.
(2) An employer to whose attention a matter is brought
under subsection (1) must consider it and, where theemployee’s belief is reasonable, take all reasonably
practicable steps to eliminate the danger to the employee or
the public, whether by stopping the work or otherwise.
(3)
A disagreement between an employee andemployer as to whether steps should be taken undersubsection (2) may be referred by either party to theCommissioner who may issue directions accordingly toresolve the disagreement consistent with the objects of thisAct.
(4) A person to whom a direction is issued mustcomply with the direction.
18. Employer not to dismiss employees on certain
grounds - An employer must not:(a) Dismiss an employee; or(b) Injure the employee in his or her employment; or-13(c) Prejudicially alter the employee’s position; or(d) Threaten to take action in relation to theemployee referred to in paragraph (a), (b) or(c), because the employee;(i) has complained or proposes tocomplain about a matter related to the safety,
health or welfare of employees at work; or(ii) has assisted or proposed to assist, by
the giving of information or otherwise, in the
conduct of an investigation or in theperformance of the functions of an Inspector
or other Public Officer or a Safety and HealthCommittee, or Representative; or(iii) has ceased to perform work inaccordance with section 17 of this Act; or(iv) is, has been, or proposes to become amember of a Safety and Health Committee ora Safety and Health Representative.
19. Duty of designers, manufacturers and suppliers- Every person who designs, manufactures or supplies any
article, or substance or machinery for use at a place of work,
shall:(a) Ensure so far as is reasonable that the article,
substance or machinery is so designed andconstructed or manufactured as to be safe andwithout risk to health and safety when it isused properly and in accordance with
relevant information or advice relating to its
use which has been provided by the designer,
manufacturer or supplier; and(b) Take such steps as are necessary to ensure theprovision of adequate information in the
English and Samoan language to purchasers
and users about the use of which each sucharticle, substance or machinery has been
designed and about any requirements
necessary to ensure that it will be safe andwithout risk to health when properly used.

-1420. Accident register – Every employer shall keep aregister containing details of every accident/incident whichcauses or which nearly causes death, serious injury, or
illness to any person whether employed at the workplace ornot. Such register shall comprise copies of all accident
report forms and all accident investigation sheets asapproved from time to time by the Commissioner andnotified or published in the Savali.
21. Accident notification and investigation-(1)Where there occurs in or about an employers’ place of work
an accident that causes death or serious injury or illness toany person, the employer shall:(a) Notify the Commissioner as soon as possible; and(b) Give written notice of the occurrence withinseven (7) days.
(2) Every notice under subsection (1) of this section
shall be in accordance with the forms applicable under
section 20, and shall specify:(a) The name, place of residence, and age, of every
person killed or suffering serious injury orillness as a result of the accident concerned;and(b) The nature and circumstances of the accident;and(c) Such details as are sufficient to enable an
Inspector to locate with accuracy the place
where the accident occurred.
(3) If the Commissioner considers that the accident
should be investigated he shall, as soon as practicable after
receiving the notice, make such enquiries as are necessary to
determine the nature and cause of the accident and where
necessary, the nature and extent of the injury or illness it
caused.
(4) Except for the purpose of caring for an injury, no
person shall do any act likely to prevent the discovery of thecause of the accident until the Inspector has visited the scene
thereof and completed an inquiry.
22. Safety and Health Employees Committee, orRepresentative-(1) Subject to the provision of this section,
an employees’ committee or representative may be-15established or appointed in every business should theemployees decide to elect such a committee or appoint a
representative.
(2) The function of a committee, or representative is tofurther the interests of the employees and the employer in
relation to safety and health matters.
(3) Should such a committee be formed or
representative be appointed in any workplace the approved
Code of Practice for Safety and Health Committees andRepresentatives prescribing the procedures and requirements
will apply.
PART IV
SPECIFIC DUTIES OF CARE
23. Measures to minimise accidents and injuries Without limiting the generality of the duties outlined underPart III of this Act, all employers and employees shall takemeasures and adopt work practices which will eliminate,
isolate or minimise the incidence of accidents and injuries
which might derive from:(a) Transporting of employees to work, from workor during working hours;(b) Storage, stacking or securing any material which
is or is likely to be corrosive, irritant, toxic,
explosive or otherwise capable ofendangering safety or health;(c) Working with loads which must be lifted or
moved or supported, either manually or by amechanical or other device;(d) The need to have free access and egress to andfrom every place where an employee isrequired to walk including into and out ofbuildings, and including fire exits;(e) Falling from heights which are likely to cause
injury, or falling onto or into anything whichis potentially harmful;(f) Floors, steps, stairs, ramps, landings, passageways, gangways, and ladders which are notsoundly constructed and maintained;-16(g) Dust, gas, liquid, mist, vapours or other substanceliable to give rise to explosion or to explodeon ignition or to seriously impair the qualityof air available to an employee;(h) Electrical equipment, fittings, tools and wiring
which is not of sound construction or which
is not properly maintained or installed;(i) Machinery, moving parts or otherwise dangerous
parts of machinery;(j) Tree felling and logging;(k) Earthmoving work of any kind, including by
manual or mechanical equipment or byblasting;(l) Building construction work of any kind, including
temporary structures, scaffolding, andunderwater construction;(m) The use of hand tools and power tools,
especially their suitability for the work forwhich they are used, and their proper
maintenance;(n) Fishing and other work at sea.
24. Measures to protect health - Without limiting thegenerality of the duties mentioned in section 23, allemployers and employees shall take measures and adopt
work practices which will eliminate, isolate or minimiserisks to the health and safety of employees by ensuring that:(a) Each place of work is kept clean and free fromany smell or leakage from any drain or
sanitary convenience;(b) Each place of work is ventilated to provide anadequate supply of fresh air, to carry off andrender harmless all steam, fumes, dust,
smoke and other impurities;(c) Each place of work has sufficient and suitable
natural or artificial light and all glazed
windows and skylights are kept clean.
(d) There is provision of adequate and convenient
access to suitable sanitary conveniences forthe use of employees, both male and female;(e) There is provision of an adequate andconveniently accessible supply of wholesome
drinking water for the free use of employees;

-17(f) There is provision of adequate and conveniently
accessible facilities for personal washing by
employees;(g) There is provision, in cases where an employee’s
clothing is likely to become contaminatedwhile at work, of facilities or arrangements
by which contaminated clothing can belaundered before being removed from theplace of work by the employee;(h) There is provision and maintenance, for the useof employees whose work is done standing,of suitable facilities for sitting sufficient toenable them to take advantage of any
opportunity for resting which may occur inthe course of their work;(i) There is provision and maintenance of suitableseats for employees who can conveniently
and satisfactorily do some or all of their workfrom a seated position;(j) There are available arrangements so that meals
can be eaten in areas which are clean,
sheltered and adequately lit and ventilated;(k) Noise that is likely to impair the hearing ofworkers is controlled, isolated or insulated, or
where the noise itself cannot practicably be
so controlled, that the employees areprovided with suitable protective equipment;(l) Effective arrangements are taken to eliminate,
isolate or minimise the harmful andpotentially harmful effects to employees ofany chemicals, corrosives, contaminants,
atmospheric pollutants or other substances
which are either stored or used in theworkplace;(m) There is provision and maintenance of suitableand effective fire fighting equipment tostandards approved by law, with fire exits
clearly marked and employees fully aware of
emergency evacuation procedure;(n) There is provision and maintenance of suitable
and adequate supplies of first aid facilities,

-18appliances and requisites, and the availability
at all times of persons who have Red Cross
approved or equivalent qualifications in theapplication of basic first aid.
PART V
INSPECTIONS AND NOTICES
25. Commissioner may issue improvement notice-(1)Where the Commissioner is of the opinion that a person:(a) Is contravening this Act; or(b) Has contravened this Act in circumstances thatmake it likely that the contravention willcontinue or be repeated,
he may issue to the person an improvement notice requiring
the person to remedy the contravention or the matters or
activities giving rise to his or her opinion that thecontravention will be repeated.
(2) An improvement notice shall:(a) State that the Commissioner is of the opinion
that the person (i) is contravening this Act; or(ii) has contravened this Act incircumstances that make it likely that thecontravention will continue or be repeated;(b) State the reasons for that opinion;(c) Specify the provision of this Act in respect ofwhich that opinion is held; and(d) Specify the day (being a day later than 7 days
after the day on which the notice is issued)
before which the person is required to
remedy the contravention or the matters or
activities giving rise to his opinion that thecontravention will be repeated.
(3) An improvement notice will not be invalid or
ineffective on the grounds that any matter referred to in
subsection (2) is not contained in it, if it is sufficient to
identify to an employer the nature of the problem and theneed for its rectification within a reasonable time.

-1926. Commissioner may issue prohibition notice-(1)Where the Commissioner is of the opinion that at aworkplace there is occurring or may occur an act which
involves or will involve an immediate threat or risk to thehealth and safety of a person, he may issue to the person
who has, or the person he reasonably believes has control
over the act or the activity in which the act may occur, aprohibition notice prohibiting the continuation of the act or
the carrying out of the activity until the Commissioner
certifies in writing that the immediate threat or risk has been
removed or, in his opinion, the act will not occur.
(2) A prohibition notice shall:(a) State that the Commissioner is of the opinion thatin the workplace there is occurring or may
occur an act which involves or will involvean immediate threat or risk to the health orsafety of a person;(b) State the reasons for that opinion;(c) Specify the act which, in the Commissioner’s
opinion, involves or will involve the risk andthe matters which give or will give rise to therisk; and(d) Where, in the Commissioner’s opinion the act
involves or will involve a contravention or
likely contravention of this Act, specify therelevant provision and state the reasons forthat opinion.
(3) Where the Commissioner issues a prohibition noticein respect of an act relating to the use of any plant at aworkplace, he may place a mark on the plant, or any part ofthe plant, to indicate that the plant, or the part so marked, is
not to be used until he certifies, under subsection (1) of thissection, in respect of the act in respect of which theprohibition notice was issued.
27. Commissioner may issue penalty notice-(1) The
Commissioner may serve a penalty notice on a person if itappears that the person has committed an offence under thisAct (or the regulations under this Act) or a provision of any
associated health and safety legislation.

-20(2) A penalty notice is a notice to the effect that, if theperson served does not wish to have the matter dealt with bya court, the person may pay, within the time and to theperson specified in the notice, the amount of penalty
prescribed by the Act or regulations for the offence if dealt
with under this section.
(3) A penalty notice may be served personally or by
post.
(4) If the amount of the penalty prescribed for an
alleged offence is paid under this section, no person is liable
to any further proceedings for the alleged offence.
(5) Payment under this section is not to be regarded as
an admission of liability for the purpose of, nor in any way
as affecting or prejudicing, any civil claim, action orproceedings arising out of the same occurrence.
(6) The regulations may:(a) Prescribe an offence for the purposes of thissection by specifying the offence or byreferring to the provision creating theoffence; and(b) Prescribe the amount of penalty payable for theoffence if dealt with under this section; and(c) Prescribe different amounts of penalties fordifferent offences or classes of offences.
(7) The amount of a penalty prescribed under thissection for an offence shall not exceed the maximum
amount of penalty which could be imposed for the offence
by a court.
(8) This section does not limit the operation of any
other provision of this or any other Act relating toproceedings which may be taken in respect of offences.
28. Issuing of notices - For the purposes of sections
26 and 27 of this Act, a notice under those sections may be
issued to a person by:(a) Delivering it personally to the person;(b) Leaving it at the person’s usual or last known
place of residence or business with someother person, apparently resident or employed
there and who is apparently in charge or in aposition of authority; or-21(c) Posting it in a registered letter addressed to theperson at the person’s usual or last known
place of residence or business.
29. Notices may include directions-(1) The
Commissioner may include in an improvement notice or aprohibition notice or a penalty notice, directions as to themeasures to be taken to remedy the matters to which thenotice relates.
(2) A direction under subsection (1) of this section may:(a) Refer to an approved code of practice; and(b) Offer the person to whom it is issued a choice ofways in which to remedy the matters towhich the notice relates.
30. Appeals against notices-(1) A person to whom an
improvement notice or a prohibition notice is issued or,where that person is a worker, that person’s employer, may,within seven days after the notice is issued or such further
time as the Court allows, appeal in writing to the Supreme
Court against the notice.
(2) Pending the decision by the Court on an appeal
under subsection (1) of this section, the operation of thenotice shall:(a) In the case of an improvement notice, besuspended; and(b) In the case of a prohibition notice, continue
unless the Commissioner decides otherwise.
PART VI
REGULATIONS AND CODES OF PRACTICE
31. Regulations-(1) The Head of State, acting on theadvice of Cabinet, may make regulations, not inconsistent
with this Act, prescribing matters:(a) Required or permitted by this Act to beprescribed; or(b) Necessary or convenient for carrying out or
giving effect to this Act.
(2) Without limiting the generality of subsection (1) of
this section, regulations may be made for or with respect to:(a) Regulating or prohibiting --22(i) the manufacture, supply or use of any
plant;(ii) the manufacture, supply, use, storage
or transport of any substance; or(iii) the carrying on of any process or the
carrying out of any operation;(b) The safety and health of workers engaged inparticular industries or other workplaces;(c) The certification of operators in prescribed plantor machinery;(d) The registration of a workplace of any plant or
substance;(e) The licensing of a person carrying out processesor activities under this Act;(f) Conditions applying to registrations and licences(including conditions by prescribed persons);(g) The service of notices under this Act;(h) The powers of the Inspectors in relation toinvestigations at workplaces;(i) Procedures for the appointment of health andsafety representatives;(j) Composition, election or appointment of persons
to health and safety committees;(k) Labelling requirements for chemicals andMaterial Safety Data Sheets;(l) Notification and record keeping of accidents andother matters;(m) Forms for the purposes of this Act;(n) Prescribing of fines, not exceeding the fines
imposed by section 36, for a breach of theregulations;(o) Prescribing matters to be dealt with penalty
notices.
(3) The regulations may incorporate or adopt byreference the provisions of any document, standard, rule,
specification or method as formulated, issued, prescribed or
published by any authority or body whether:(a) Wholly or partly, or as amended by theregulations;(b) As formulated, issued, prescribed or published at
the time the regulations are made or at any
time before then; or-23(c) As amended after the making of the regulations,but only where the Minister has published in
the Gazette a notice that the particularamendment is to be incorporated in theregulations.
(4) The regulations may provide that a prescribed
employer or a member of a prescribed class of employers
shall:(a) Monitor the health of his or her workers;(b) Keep information and records relating to thehealth and safety of his or her workers;(c) Authorise any matter or thing to be from time totime determined, applied or regulated by any
specified person or body;(d) Exempt any person or class of persons, either
absolutely or subject to conditions, from any
provision of the regulations,or may do any combination of those things.
32. Codes of practice-(1) For the purpose of providing
practical guidance on any matter relating to this Act, theMinister may on the recommendation of the Commissioner,
by notice in the Gazette or the Savali, approve a national
code of practice.
(2) A code of practice may consist of a code, standard,rule, specification or provision relating to matters in this Act
formulated, prepared or recommended by the Commissioner
in liaison with the inspectorate, and may apply, incorporate
or refer to a document formulated or published by any otherbody or authority exercising powers and responsibilities
similar to those vested in the Minister or Department under
this Act.
(3) A notice under subsection (1) shall indicate where a
copy of the approved code of practice to which it relates,
and all documents incorporated or referred to in the code,
may be inspected by members of the public without charge,
and the times during which it may be inspected, and theMinister shall make the code and those documents available
for that purpose accordingly.
(4) Any codes of practice may take into accountcurrent and relevant international or overseas codes ofpractice in its development.

-2433. Use of codes of practice in proceedings - Wherein proceedings for an offence against this Act, it is allegedthat a person contravened or failed to comply with aprovision of this Act in relation to which an approved codeof practice was in force at the time of the alleged
contravention or failure.
(a) The approved code of practice shall be
admissible in evidence in those proceedings;
and(b) If the court is satisfied in relation to a matter
which it is necessary for the prosecution toprove in order to establish the alleged
contravention or failure that (i) a provision of the approved code ofpractice is relevant to that matter; and(ii) the person failed at a material time toobserve that provision of the approved codeof practice,that matter shall be taken as proved unless the Court issatisfied that in respect of that matter the person compliedwith that provision of this Act otherwise than by way ofobservance of that provision of the approved code ofpractice.
PART VII
OFFENCES, PENALTIES AND LEGALPROCEEDINGS
34. Offences - Any person who contravenes or fails tocomply with any provision of this Act or the regulations
shall be guilty of an offence against this Act.
35. Circumstances preventing compliance may be
defence - Where this Act requires any act or thing to bedone by a person, other than in terms of the person taking all
reasonably practicable steps to do the act or thing it is adefence to a prosecution of the person for refusing or failingto do the thing if the person proves that, because of an
emergency prevailing at the time of the refusal or failure, it
was not reasonably practicable to do the act or thing.

-2536. General penalties-(1) Subject to subsection (2),any person who is guilty of an offence against this Act for
which no penalty is specifically provided shall be liable to afine not exceeding:(a) Where that person is a corporation, 150 penalty
units; or(b) In any other case, 10 penalty units.
(2) In relation to a contravention which was likely tocause the death of, or bodily injury to, any person, the fineshall not exceeded:(a) 1000 penalty units in the case of a corporation;or(b) 100 penalty units in any other case.
37. Offences by corporations-(1) Where an offence
against this Act is committed by a corporation and is proved
to have been committed with the consent or connivance of,or to have been attributable to a wilful neglect on the part of
an officer of the corporation or person purporting to act assuch an officer, that officer or person is also guilty of that
offence and liable to the penalty for that offence.
(2) When in proceedings under this Act it is necessary
to establish the intention of a corporation, it is sufficient toshow that a servant or agent of the corporation had that
intention.
(3) In subsection (1) of this section, “officer”, inrelation to a corporation means:(a) A director, secretary or executive officer of thecorporation;(b) Any person in accordance with whose directions
or instructions the directors of thecorporation are accustomed to act; or(c) A person exercising any power of managementin the corporation.
38. Protection against civil and criminal proceedings- No action or proceedings, civil or criminal, shall lie or becontinued against the Minister, Commissioner, or any
person acting under his authority in accordance with thisAct, or any Inspector or any other body established by orunder this Act, for anything done or omitted in good faith inthe exercise or purported exercise of a function or power
under this Act.

-2639. Authority to prosecute - Proceedings for an
offence against this Act may be instituted only with thewritten consent of the Commissioner of Labour or the
Attorney General.
40. Time for instituting proceedings for offences Notwithstanding anything in any other Act, proceedings for
an offence against this Act may be instituted within the
period of three years after the act or omission alleged toconstitute the offence.
41. Repetition of certain offences - additional
penalty-(1) This section applies to proceedings for a secondor subsequent offence against this Act which comprises arepetition of the Act or omission which constituted theprevious offence.
(2) If the defendant in proceedings to which this section
applies is a natural person, a sentence of imprisonment for aperiod not exceeding two years may be imposed in addition
to or in substitution for any other fine which may be
imposed under this Act.

__________The Occupational Safety and Health Act 2002 is administeredin the Ministry of Commerce, Industry and Labour

Printed by the Clerk of the Legislative Assembly,
by authority of the Legislative Assembly.