Safety in Industry Act, 1980

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PART III

Safety Representatives, Safety Committees, Safety Delegates and Safety Statements

Safety representative.

35.—(1) The persons employed in a premises to which this section applies may, unless there is in office a safety committee, from time to time select and appoint from amongst their number a representative (in this Act referred to as “the safety representative”) to represent them in consultations pursuant to this section with the occupier, and unless he sooner resigns or ceases to be an employee in the premises concerned a safety representative appointed under this section shall hold office for a period of three years beginning on the date of his appointment.

(2) When reasonably practicable a person appointed to be a safety representative shall have had, within the period of two years ending immediately prior to his appointment, experience in the work in which are engaged in the course of their employment the persons with whose safety, health and welfare he is concerned.

(3) Where an appointment is made under this section, the occupier concerned shall hold consultations with the safety representative for the purpose of ensuring co-operation in the premises in relation to the provisions of—

(a) the Acts,

(b) regulations under the Acts relating to safety, health and welfare and applicable to or in respect of such persons,

(c) such other enactments applying to the premises or to such persons or to both as may be prescribed.

(4) (a) The Minister may by regulations assign to safety representatives (in addition to those assigned by this Act) such functions, relating to the safety and health of the persons employed, as may be specified in the regulations.

(b) Before making regulations under this subsection the Minister shall consult such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trade unions or bodies analogous to trade unions as he considers appropriate.

(5) An occupier shall consider any representations made to him by the safety representative on any matter affecting the safety, health and welfare of the persons employed.

(6) On receipt of a notification in that behalf, an occupier shall enter in the general register the name of any person who for the time being stands appointed to be the safety representative under this section.

(7) Where an inspector enters a premises for the purpose of making a tour of inspection (other than a tour of inspection to be made for the investigation of an accident), the occupier shall take such steps as are practicable to inform the safety representative.

(8) On a request being made by him in that behalf, the safety representative shall be entitled to accompany an inspector on any tour of inspection of the relevant premises (or on any part of such tour) made by the inspector in the course of duty which is not a tour of inspection made by the inspector specifically to investigate an accident, and in case a safety representative intends so to accompany an inspector he shall, before accompanying the inspector, inform him of his intention.

(9) The foregoing provisions of this section apply to a premises in which not more than twenty people are employed for the time being and which is a premises, other than a dock, wharf, quay or warehouse, to which section 15 of this Act applies.

(10) In case a safety representative is appointed pursuant to this Act and subsequent to the appointment and during his term of office the number of persons employed in the premises concerned at any time exceeds twenty, the safety representative shall not cease to hold office by reason only of the fact that the number of persons so employed so exceeds twenty.

(11) (a) The Minister may by regulations amend subsection (9) of this section by substituting for “twenty” therein a number specified in the regulations.

(b) Before making regulations under this subsection the Minister shall consult such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trade unions or bodies analogous to trade unions as he considers appropriate.

(c) Where regulations under this subsection are for the time being in force each of the references to “twenty” in the following provisions of this Act, namely, subsection (10) of this section and sections 36 (8) and 37 (1) (a) of this Act shall be construed as a reference to the number specified in the regulations.