Cap. 424 Art. 8Establishment and composition of the Authority.

(1) There is hereby established an authority which shall be known as the Occupational Health and Safety Authority.

(2) The Authority shall consist of nine members, as follows:

(a) a Chairperson, appointed by the Minister;

(b) the Director of Industrial and Employment Relations, ex officio, as Deputy Chairperson;

(c) a person, appointed by the Minister, with competence in occupational health and, or safety;

(d) a person appointed by the Minister responsible for health;

(e) a person appointed by the Minister responsible for economic affairs;

(f) two members appointed by the Minister to represent the interests of workers, following consultation with such body or bodies as the Minister may from time to time consider to be the principal representatives of workers;

(g) two members appointed by the Minister to represent the interests of employers, following consultation with such body or bodies as the Minister may from time to time consider to be the principal representatives of employers.

(3) The Minister shall appoint a person to be the Secretary of the Board.

(4) The Chairperson and the other members of the Authority shall hold office for a period of two years, but the members so appointed may be re-appointed on the expiration of their term of office: Provided that if a member is appointed at any time after the other members have already been appointed, the term of appointment of such member shall end on the same date as that of the other members.

(5) A person shall not be qualified to hold office as a member of the Authority, if the person:-

(a) is a Minister or a Parliamentary Secretary; or

(b) is legally incapacitated; or

(c) has been declared bankrupt or has made a composition or arrangement with his/her creditors; or

(d) has been convicted of a crime affecting public trust or theft or fraud or knowingly receiving property obtained by theft or fraud, or of any offence against this Act; or

(e) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of the functions as a member of the Authority: Provided that the disqualification of a person under this paragraph may be waived by the Minister if the interest is declared and the declaration is published in the Gazette.

(6) Subject to the provisions of this article, the office of a member of the Authority shall become vacant -

(a) at the expiration of the term of office, or

(b) if any circumstances arise that, if that person were not a member of the Authority, would cause that person to be disqualified for appointment as such.

(7) A member of the Authority may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit to continue in office or has become incapable of properly performing the duties as a member.

(8) If a member resigns or if the office of a member of the Authority is otherwise vacant or if a member is for any reason unable to perform the functions of the office, the Minister may appoint a person who is qualified to be appointed to be a member to be a temporary member of the Authority; and any person so appointed shall, subject to the provisions of subarticles (5) and (6), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of the office resumes those functions.

(9) Any member of the Authority who has any direct or indirect interest in any contract made or proposed to be made by the Authority, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of the interest at the first meeting of the Authority after the relevant facts have come to that member’s knowledge; such disclosure shall then be recorded in the minutes of the meeting, and the member having an interest as aforesaid shall withdraw from any meetings at which such contract is discussed. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify that member from remaining a member, he/she shall report the fact immediately to the Minister and tender his/her resignation.

(10) The appointment of any person as a member of the Authority and the termination of office or resignation of any such person, as well as any additional functions assigned to the Authority by the Minister, shall be notified in the Gazette, and it shall have effect forthwith:

Provided that failure to publish the appointment or termination of office, as the case may be, shall have no effect on the validity of such appointment or termination.