CHAPTER 330
ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT

 

[PRINCIPAL LEGISLATION]

 

ARRANGEMENT OF SECTIONS

 

   Section

 

Title

 

   1.   Short title.

 

   2.   Interpretation.

 

   3.   Notification of accidents and deaths.

 

   4.   Power to extend to dangerous occurrences provisions as to notification of accidents.

 

   5.   Notification of occupational diseases and other diseases.

 

   6.   Inquest in case of death by accident or occupational disease.

 

   7.   Power of Minister to direct formal investigation of accidents and cases of occupational disease.

 

   8.   Penalties.

 

   9.   Institution of proceedings.

 

   10.   Power of Minister to make rules.

 

   11.   Application of Act to Government.

 

   12.   Administration of the Act.

 

   13.   [Amendment of R.L. Cap. 263.]

 

   14.   [Amendment of Cap. 131.]

 

   15.   [Amendment of R.L. Cap. 123.]

 

 

 

SCHEDULE

CHAPTER 330
THE ACCIDENTS AND OCCUPATIONAL DISEASES (NOTIFICATION) ACT

An Act to provide for the notification of accidents and occupational diseases.

[1st September, 1955]

Act No. 25 of 1953
[R.L. Cap. 330]

 

1.   Short title

   This Act may be cited as the Accidents and Occupational Diseases (Notification) Act.

 

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "employer" includes any body of persons, corporate or unincorporate and the legal personal representative of a deceased employer, and, where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the worker while he is working for that other person, and in relation to a person applying for hire with any vehicle or vessel the use of which is obtained by that person under a contract of bailment, the person from whom the use of the vessel or vehicle is so obtained shall, for the purposes of this Act, be deemed to be the employer, and, in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the club shall, for the purposes of this Act, be deemed to be the employer;

   "Labour Commissioner" means the person for the time being holding the appointment, or carrying out the duties, of the head of the Department of Labour, or such other person as may be appointed to administer the provisions of this Act;

   "labour officer" includes the Deputy Labour Commissioner, an Assistant Labour Commissioner and any person appointed to be a labour officer;

   "medical practitioner" means a medical practitioner registered or licensed under the Medical Practitioners and Dentists Act *;

   "Minister" means the Minister responsible for labour matters;

   "occupational disease" means any disease mentioned in the Schedule to this Act;

   "outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles;

   "prescribed" means prescribed by order of the Minister;

   "worker" means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, is oral or in writing, but does not include–

 

   (a)   an outworker; or

 

   (b)   a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade, occupation or business; or

 

   (c)   any class of persons whom the Minister may by notice published in the Gazette declare not to be workers for the purposes of this Act.

 

3.   Notification of accidents and deaths

   (1) Where any accident arising out of and in the course of the employment worker of any worker occurs and–

 

   (a)   causes loss of life to such worker; or

 

   (b)   disables such worker for at least three consecutive days from earning full wages at the work at which he was employed at the time of such accident,

a written notice of the accident, in the prescribed form, and accompanied by the prescribed particulars shall as soon as practicable be sent by the employer to the labour officer for the area within which the accident has occurred:

   Provided that where, to the knowledge of the employer, the accident has been reported or notified pursuant to the provisions of any other law and the written notice or report required by that law complies substantially with the prescribed form and contains the prescribed particulars the employer shall be deemed to have notified the accident in accordance with the provisions of this subsection.

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