Cap. 424 Art. 6Duties of employers.

(1) It shall be the duty of an employer to ensure the health and safety at all times of all persons who may be affected by the work being carried out for such employer: Provided that where in pursuance of the foregoing an employer enlists competent external services or persons, the employer shall not be discharged from such incumbent duties arising out of this Act and out of regulations made under this Act:

Provided further that the workers’ obligations in the field of occupational health and safety shall not affect the principle of the responsibility of the employer.

(2) The measures that need to be taken by an employer to prevent physical and psychological occupational ill-health, injury or death, shall be taken on the basis of the following general principles of prevention, that is by -

(a) the avoidance of risk;

(b) the identification of hazards associated with work;

(c) the evaluation of those risks which cannot be avoided;

(d) the control at source of those risks which cannot be avoided;

(e) the taking of all the necessary measures to reduce risk as much as reasonably practicable, including the replacement of the hazardous by the non-hazardous or by the less hazardous;

(f) giving collective protective measures priority over individual protective measures;

(g) adapting the work to the worker, particularly in so far as the design of work places, the choice of work equipment and the choice of working and production methods are concerned, in particular with a view to alleviating monotonous work and work at a predetermined work-rate, and to reducing their effect on health;

(h) by adapting to technical progress in the interest of occupational health and safety; and

(i) by the development of a coherent overall prevention policy which covers technology, the organisation of work, working conditions, social relationships and the influence of factors related to the working environment.

(3) Without prejudice to the generality of the preceding subarticle (2), it shall be the duty of an employer to provide such information, instruction, training and supervision as is required to ensure occupational health and safety.

(4) It shall be the duty of an employer to ensure that at work places wherein a sufficient number of workers are employed, there shall be elected, chosen or otherwise designated a person or persons to act as the Workers’ Health and Safety Representative or Representatives, and who shall be consulted in advance and in good time by the employer on matters which may affect occupational health and safety.