Jersey Law 8/1989
HEALTH AND SAFETY AT WORK (JERSEY) LAW, 1989.
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ARRANGEMENT OF
ARTICLES.
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PART I
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INTERPRETATION AND
EXCLUSION.
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ARTICLE
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1.
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Interpretation.
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2.
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Exclusion of application to domestic employment.
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PART II.
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GENERAL DUTIES.
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3.
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General duties of employers to their employees.
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4.
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General duties of employees at work.
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5.
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General duties of employers and
self-employed to persons other than their employees.
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6.
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General duties of persons concerned
with premises to persons other than their employees.
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7.
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General duties of manufacturers and
others as regards articles for use at work, fairground equipment and
substances.
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8.
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Duty not to interfere with or
misuse things provided pursuant to relevant statutory provisions.
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PART III.
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HEALTH AND SAFETY REGULATIONS AND
APPROVED CODES OF PRACTICE.
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9.
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Health and safety Regulations.
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10.
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Approval of codes of practice by the Committee.
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11.
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Effect of failure to observe
approved codes of practice and use of codes in criminal proceedings.
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PART IV.
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ENFORCEMENT.
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12.
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Powers of inspectors.
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13.
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Improvement notices.
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14.
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Prohibition notices.
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15.
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Provisions supplementary to Articles 13 and 14.
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16.
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Appeal against improvement or prohibition notice.
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17.
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Appeal tribunal.
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PART V.
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ENQUIRIES, OBTAINING AND DISCLOSURE OF
INFORMATION.
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18.
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Power of Committee to direct
investigations and inquiries.
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19.
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Obtaining of information by the Committee.
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20.
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Restrictions on disclosure of information.
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PART VI.
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PROVISIONS AS TO OFFENCES.
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21.
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Offences.
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22.
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Offences due to fault of other person.
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23.
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Offences by bodies corporate.
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24.
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Power of court to order cause of
offence to be remedied or, in certain cases, forfeiture.
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25.
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Evidence.
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PART VII.
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MISCELLANEOUS.
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26.
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Civil liability.
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27.
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Appeals in connexion
with licensing provisions in the relevant statutory provisions.
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28.
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Notices, etc.
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29.
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Repeal and savings.
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30.
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Short title and commencement.
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SCHEDULE – Existing statutory provisions.
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HEALTH AND SAFETY AT WORK (JERSEY) LAW, 1989.
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A LAW to
provide for securing the health, safety and welfare of persons at work, for
protecting others against risks to health or safety in connexion
with the activities of persons at work and in connexion
with the use of plant intended for the service or entertainment of the public,
for controlling the possession and use of dangerous substances and for
connected purposes, sanctioned by Order of Her Majesty in Council of the
16th day of MAY, 1989.
____________
(Registered on the
7th day of July, 1989.)
____________
STATES OF JERSEY.
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The 25th day of
October, 1988.
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THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law –
PART I
INTERPRETATION AND EXCLUSION
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“appeal tribunal” means the appeal tribunal established
by virtue of Article 17;
“article for use at work” means –
(a) any
plant designed for use or operation (whether exclusively or not) by persons at
work;
(b) any
article designed for use as a component in any such plant;
“code of practice” (without prejudice to paragraph (6)
of Article 10) includes a standard, a specification and any other documentary
form of practical guidance;
“the Committee” means the Social Security Committee;
“contract of employment” means a contract of employment
or apprenticeship (whether express or implied and, if express, whether oral or
in writing);
“contravene” includes fail to comply;
“the court” means the Inferior Number of the Royal
Court or the Police Court, as the case may be;
“domestic premises” means premises occupied as a
private dwelling (including any garden, yard, garage, outhouse or other
appurtenance of such premises which is not used in common by the occupants of
more than one such dwelling), and “non-domestic premises” shall be
construed accordingly;
“employee” means an individual who works under a
contract of employment, and related expressions shall be construed accordingly;
“the existing statutory provisions” means the
enactments continued in force by paragraph (2) of Article 29;
“health and safety Regulations” has the meaning
assigned to it by Article 9;
“improvement notice” means a notice under Article 13;
“inspector” has the meaning assigned to it by Article
12;
“micro-organism” includes any microscopic biological
entity which is capable of replication;
“Order” means an Order made under sub-paragraph (f) of
paragraph (2) of Article 9;
“personal injury” includes any disease and any
impairment of a person’s physical or mental condition;
“plant” includes any machinery, equipment or appliance;
“police officer” has the meaning assigned to it by the
Police Force (Jersey) Law, 1974;
“premises” includes any place and, in particular,
includes –
(a) any
vehicle, vessel, aircraft or hovercraft;
(b) any
installation on land including the foreshore and other land intermittently
covered by water and any installation (whether floating, or resting on the
seabed or the subsoil thereof or resting on other land covered with water or
the subsoil thereof); and
(c) any
tent or movable structure;
“prescribed” means prescribed by Regulations;
“prohibition notice” means a notice under Article 14;
“the relevant statutory provisions” means –
(a) the
provisions of this Law and of health and safety Regulations; and
(b) the
existing statutory provisions;
“self-employed person” means an individual who works
for gain or reward otherwise than under a contract of employment, whether or
not he himself employs others;
“substance” means any natural or artificial substance
(including micro-organisms) whether in solid or liquid form or in the form of a
gas or vapour;
“substance for use at work” means any substance
intended for use (whether exclusively or not) by persons at work;
“supply”, where the reference is to supplying articles
or substances, means supplying them by way of sale, lease, hire or
hire-purchase, whether as principal or agent for another.
(2) For
the purposes of this Law –
(a) “work”
means work as an employee or as a self-employed person;
(b) an
employee is at work throughout the time when he is in the course of his
employment, but not otherwise; and
(c) a
self-employed person is at work throughout such time as he devotes to work as a
self-employed person;
and, subject to paragraph (3), the expressions “work”
and “at work”, in whatever context, shall be construed accordingly.
(3) The
States may by Regulations –
(a) extend
the meaning of “work” and “at work” for the purposes of
this Law; and
(b) in
that connexion provide for any of the relevant
statutory provisions to have effect subject to such adaptations, as may be
specified in the Regulations.
(4) Where
in this Law there is a reference to an Article or Part by number only, without
further identification, such reference shall be construed as a reference to the
Article or Part of that number contained in this Law.
(5) Where
in any Article of this Law there is a reference to a paragraph, sub-paragraph
or clause by number or letter only, and without further identification, such
reference shall be construed as a reference to the paragraph, sub-paragraph or
clause of that number or letter contained in the Article of this Law in which
such reference occurs.
(6) Where
this Law refers to any enactment, the reference is a reference to that
enactment as amended, and includes a reference to that enactment as extended or
applied by or under any other enactment, including any other provision of that
enactment.
ARTICLE
2
Exclusion of application to domestic employment
Nothing in this Law shall apply in relation to a person by reason
only that he employs another, or is himself employed, as a domestic servant in
a private household.
PART II
GENERAL DUTIES
ARTICLE
3
General duties of employers to their employees
(1) It
shall be the duty of every employer to ensure, so far as is reasonably
practicable, the health, safety and welfare at work of all his employees.
(2) Without
prejudice to the generality of an employer’s duty under paragraph (1), the
matters to which that duty extends include in particular –
(a) the
provision and maintenance of plant and systems of work that are, so far as is
reasonably practicable, safe and without risks to health;
(b) arrangements
for ensuring, so far as is reasonably practicable, safety and absence of risks
to health in connexion with the use, handling,
storage and transport of articles and substances;
(c) the
provision of such information, instruction, training and supervision as is
necessary to ensure, so far as is reasonably practicable, the health and safety
at work of his employees;
(d) so
far as is reasonably practicable as regards any place of work under the
employer’s control, the maintenance of it in a condition that is safe and
without risks to health and the provision and maintenance of access to and
egress from it that are safe and without such risks;
(e) the
provision and maintenance of a working environment for his employees that is,
so far as is reasonably practicable, safe, without risks to health, and
adequate as regards facilities and arrangements for their welfare at work.
ARTICLE
4
General duties of employees at work
It shall be the duty of every employee while at work –
(a) to
take reasonable care for the health and safety of himself and of other persons
who may be affected by his acts or omissions at work; and
(b) as
regards any duty or requirement imposed on his employer or any other person by
or under any of the relevant statutory provisions, to co-operate with him so
far as is necessary to enable that duty or requirement to be performed or
complied with.
ARTICLE
5
General duties of employers and self-employed to persons other than
their employees
(1) It
shall be the duty of every employer to conduct his undertaking in such a way as
to ensure, so far as is reasonably practicable, that persons not in his
employment who may be affected thereby are not thereby exposed to risks to
their health or safety.
(2) It
shall be the duty of every self-employed person to conduct his undertaking in
such a way as to ensure, so far as is reasonably practicable, that he and other
persons (not being his employees) who may be affected thereby are not thereby
exposed to risks to their health or safety.
(3) In
such cases as may be prescribed, it shall be the duty of every employer and
every self-employed person, in the prescribed circumstances and in the
prescribed manner, to give to persons (not being his employees) who may be
affected by the way in which he conducts his undertaking the prescribed
information about such aspects of the way in which he conducts his undertaking
as might affect their health or safety.
ARTICLE
6
General duties of persons concerned with premises to persons other
than their employees
(1) This
Article has effect for imposing on persons duties in relation to those who
–
(a) are
not their employees; but
(b) use
non-domestic premises made available to them as a place of work or as a place
where they may use plant or substances provided for their use there;
and applies to premises so made available and other non-domestic
premises used in connexion with them.
(2) It
shall be the duty of each person who has, to any extent, control of premises to
which this Article applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to
take such measures as it is reasonable for a person in his position to take to
ensure, so far as is reasonably practicable, that the premises, all means of
access thereto or egress therefrom available for use
by persons using the premises, and any plant or substance in the premises or,
as the case may be, provided for use there, is or are safe and without risks to
health.
(3) Where
a person has, by virtue of any contract or tenancy, an obligation of any extent
in relation to the –
(a) maintenance
or repair of any premises to which this Article applies or any means of access
thereto or egress therefrom; or
(b) safety
of, or the absence of risks to health arising from, plant or substances in any
such premises;
that person shall be treated, for the purposes of paragraph (2) as
being a person who has control of the matters to which his obligation extends.
(4) Any
reference in this Article to a person having control of any premises or matter
is a reference to a person having control of the premises or matter in connexion with the carrying on by him of a trade, business
or other undertaking (whether for profit or not).
ARTICLE
7
General duties of manufacturers and others as regards articles for
use at work, fairground equipment and substances
(1) It
shall be the duty of any person who designs, manufactures, imports or supplies
any article for use at work or any article of fairground equipment –
(a) to
ensure, so far as is reasonably practicable, that the article is so designed
and constructed that it will be safe and without risks to health at all times
when it is being set, used, cleaned or maintained by a person at work;
(b) to
carry out or arrange for the carrying out of such testing and examination as
may be necessary for the performance of the duty imposed on him by
sub-paragraph (a);
(c) to
take such steps as are necessary to secure that persons supplied by that person
with the article are provided with adequate information about the use for which
the article is designed or has been tested and about any conditions necessary
to ensure that it will be safe and without risks to health at all such times as
are mentioned in sub-paragraph (a) and when it is being dismantled or disposed
of; and
(d) to
take such steps as are necessary to secure, so far as is reasonably practicable
that persons so supplied are provided with all such revisions of information
provided to them by virtue of sub-paragraph (c) as are necessary by reason of
its becoming known that anything gives rise to a serious risk to health or
safety.
(2) It
shall be the duty of any person who designs, manufactures, imports or supplies
any article of fairground equipment –
(a) to
ensure, so far as is reasonably practicable, that the article is so designed
and constructed that it will be safe and without risks to health at all times
when it is being used for or in connexion with the
entertainment of members of the public;
(b) to
carry out or arrange for the carrying out of such testing and examination as
may be necessary for the performance of the duty imposed on him by subparagraph
(a);
(c) to
take such steps as are necessary to secure that persons supplied by that person
with the article are provided with adequate information about the use for which
the article is designed or has been tested and about any conditions necessary
to ensure that it will be safe and without risks to health at all times when it
is being used for or in connexion with the
entertainment of members of the public; and
(d) to
take such steps as are necessary to secure, so far as is reasonably
practicable, that persons so supplied are provided with all such revisions of
information provided to them by virtue of sub-paragraph (c) as are necessary by
reason of its becoming known that anything gives rise to a serious risk to
health or safety.
(3) It
shall be the duty of any person who undertakes the design or manufacture of any
article for use at work or of any article of fairground equipment to carry out
or arrange for the carrying out of any necessary research with a view to the
discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the
design or article may give rise.
(4) It
shall be the duty of any person who erects or installs any article for use at
work in any premises where that article is to be used by persons at work or who
erects or installs any article of fairground equipment to ensure, so far as it
reasonably practicable, that nothing about the way in which the article is
erected or installed makes it unsafe or a risk to health at any such time as is
mentioned in sub-paragraph (a) of paragraph (1) or, as the case may be, in
subparagraph (a) of paragraph (1) or (2).
(5) It
shall be the duty of any person who manufactures, imports or supplies any
substance –
(a) to
ensure, so far as is reasonably practicable, that the substance will be safe
and without risks to health at all times when it is being used, handled,
processed, stored or transported by a person at work or in premises to which
Article 6 applies;
(b) to
carry out or arrange for the carrying out of such testing and examination as
may be necessary for the performance of the duty imposed on him by subparagraph
(a);
(c) to
take such steps as are necessary to secure that persons supplied by that person
with the substance are provided with adequate information about any risks to
health or safety to which the inherent properties of the substance may give
rise, about the results of any relevant tests which have been carried out on or
in connexion with the substance and about any
conditions necessary to ensure that the substance will be safe and without
risks to health at all such times as are mentioned in sub-paragraph (a) and
when the substance is being disposed of; and
(d) to
take such steps as are necessary to secure, so far as is reasonably
practicable, that persons so supplied are provided with all such revisions of
information provided to them by virtue of sub-paragraph (c) as are necessary by
reason of its becoming known that anything gives rise to a serious risk to health
or safety.
(6) It
shall be the duty of any person who undertakes the manufacture of any substance
to carry out or arrange for the carrying out of any necessary research with a
view to the discovery and, so far as is reasonably practicable, the elimination
or minimisation of any risk to health or safety to
which the substance may give rise at all such times as are mentioned in
sub-paragraph (a) of paragraph (5).
(7) Nothing
in this Article shall be taken to require a person to repeat any testing, examination
or research which has been carried out otherwise than by him or at his
instance, in so far as it is reasonable for him to rely on the results thereof
for the purposes of those provisions.
(8) Any
duty imposed on any person by this Article shall extend only to things done in
the course of a trade, business or other undertaking carried on by him (whether
for profit or not) and to matters within his control.
(9) Where
a person designs, manufactures, imports or supplies an article for use at work
or an article of fairground equipment and does so for or to another on the
basis of a written undertaking by that other to take specified steps sufficient
to ensure, so far as is reasonably practicable, that the article will be safe
and without risks to health at all such times as are mentioned in subparagraph
(a) of paragraph (1) or, as the case may be, in subparagraph (a) of paragraph
(1) or (2) the undertaking shall have the effect of relieving the
first-mentioned person from the duty imposed by virtue of that sub-paragraph to
such extent as is reasonable having regard to the terms of the undertaking.
(10) Nothing
in paragraph (8) or (9) shall relieve any person who imports any article or
substance from any duty in respect of anything which –
(a) in
the case of an article designed outside the Island was done by and in the
course of any trade, profession or other undertaking carried on by, or was
within the control of, the person who designed the article; or
(b) in
the case of an article or substance manufactured outside the Island, was done
by and in the course of any trade, profession or other undertaking carried on
by, or was within the control of, the person who manufactured the article or
substance.
(11) Where
a person (“the ostensible supplier”) supplies any article or
substance to another (“the customer”) under a hire-purchase
agreement, conditional sale agreement or credit-sale agreement, and the
ostensible supplier –
(a) carries
on the business of financing the acquisition of goods by others by means of such
agreements; and
(b) in
the course of that business acquired his interest in the article or substance
supplied to the customer as a means of financing its acquisition by the
customer from a third person (“the effective supplier”),
the effective supplier and not the ostensible supplier shall be
treated for the purposes of this Article as supplying the article or substance
to the customer, and any duty imposed by the preceding provisions of this
Article on suppliers shall accordingly fall on the effective supplier and not
on the ostensible supplier.
(12) For
the purposes of this Article an absence of safety or a risk to health shall be
disregarded in so far as the case in or in relation to which it would arise is
shown to be one the occurrence of which could not reasonably be foreseen; and
in determining whether any duty imposed by virtue of sub-paragraph (a) of
paragraph (1), (2) or (5) has been performed regard shall be had to any
relevant information or advice which has been provided to any person by the person
by whom the article has been designed, manufactured, imported or supplied or,
as the case may be, by the person by whom the substance has been manufactured,
imported or supplied.
(13) In
this Article –
“article of fairground equipment” means any fairground
equipment or any article designed for use as a component in any such equipment;
“credit-sale agreement” means an agreement for the sale
of goods under which the whole or part of the purchase price is payable by instalments;
“fairground equipment” means any fairground ride, any
similar plant which is designed to be in motion for entertainment purposes with
members of the public on or inside it or any plant which is designed to be used
by members of the public for entertainment purposes either as a slide or for
bouncing upon, and in this definition the reference to plant which is designed
to be in motion with members of the public on or inside it includes a reference
to swings, dodgems and other plant which is designed to be in motion wholly or
partly under the control of, or be put in motion by, a member of the public;
“hire purchase agreement” means an agreement for the
bailment of goods under which the bailee may buy the
goods or under which the property in the goods will or may pass to the bailee, whether on the performance of any act by the
parties to the agreement or any of them or in any other circumstances.
ARTICLE
8
Duty not to interfere with or misuse things provided pursuant to
relevant statutory provisions
No person shall intentionally or recklessly interfere with or
misuse anything provided in the interests of health, safety or welfare in
pursuance of any of the relevant statutory provisions.
PART IIi
HEALTH AND SAFETY REGULATIONS AND
APPROVED CODES OF PRACTICE
ARTICLE
9
Health and safety Regulations
(1) The
States may make Regulations (in this Law referred to as “health and
safety Regulations”) for securing the health, safety and welfare of
persons at work, for protecting others against risks to health or safety in connexion with the activities of persons at work and in connexion with the use of plant intended for the service or
entertainment of the public, for controlling the possession and use of
dangerous substances and generally for the purpose of carrying this Law into
effect.
(2) Without
prejudice to the generality of paragraph (1) health and safety Regulations may
–
(a) repeal
or modify any of the existing statutory provisions;
(b) exclude
or modify in relation to any specified class of case any of the provisions of
Part II or any of the existing statutory provisions;
(c) make
a specified authority responsible, to such extent as may be specified, for the
enforcement of any of the relevant statutory provisions;
(d) impose
requirements by reference to the approval of the Committee or an inspector;
(e) prohibit
the carrying on of any specified activity or the doing of any specified thing,
except under the authority and in accordance with the terms and conditions of a
licence issued by the Committee; and may provide for
the grant, renewal, variation, transfer and revocation of such licences (including the variation and revocation of
conditions attached to such licences);
(f) provide
for references in the Regulations to any specified document to operate as
references to that document as revised or re-issued from time to time;
(g) empower
the Committee –
(i) (subject
to the Subordinate Legislation (Jersey) Law, 1960) to make
Orders with respect to any matter specified in the relevant statutory
provisions; and
(ii) to
grant exemptions from any requirement or prohibition imposed by or under any of
the relevant statutory provisions (either unconditionally or subject to
conditions, and with or without limit of time);
(h) enable
exemptions from any requirement or prohibition imposed by or under any of the
relevant statutory provisions to be granted (either unconditionally or subject
to conditions, and with or without limit of time) by any specified person or by
any person authorised in that behalf by a specified
authority;
(j) specify
the persons or classes of persons who, in the event of a contravention of a
requirement or prohibition imposed by or under the Regulations, are to be
guilty of an offence, whether in addition to or to the exclusion of other
persons or classes of persons;
(k) provide
for any specified defence to be available in
proceedings for any offence under the relevant statutory provisions either
generally or in specified circumstances.
ARTICLE
10
Approval of codes of practice by the Committee
(1) For
the purpose of providing practical guidance with respect to the requirements of
any provision of –
(a) Part
II;
(b) health
and safety Regulations; or
(c) the
existing statutory provisions;
the Committee may, after consultation with such persons as it
considers will be affected, or representatives of such persons –
(i) approve
and issue such codes of practice as in its opinion are suitable for that
purpose;
(ii) approve
such codes of practice issued or proposed to be issued otherwise than by the
Committee as in its opinion are suitable for that purpose.
(2) Where
a code of practice is approved under paragraph (1), the Committee shall publish
in the Jersey Gazette a notice –
(a) identifying
the code and stating the date on which approval of it by the Committee is to
take effect;
(b) specifying
for which of the provisions mentioned in paragraph (1) the code is approved;
and
(c) stating
where the code may be inspected.
(3) The
Committee may –
(a) from
time to time revise the whole or any part of any code of practice prepared by
it in pursuance of this Article;
(b) approve
any revision or proposed revision of the whole or any part of any code of
practice for the time being approved under this Article; and the provisions of
paragraphs (1) and (2) shall, with the necessary modifications, apply in
relation to the approval of any revision under this paragraph as they apply to
the approval of a code of practice.
(4) The
Committee may at any time withdraw its approval from any code of practice
approved under this Article and where it does so it shall publish in the Jersey
Gazette a notice identifying the code in question and stating the date on which
its approval of it is to cease to have effect.
(5) References
in this Law to an approved code of practice are references to that code as
revised from time to time under this Article.
(6) The
power of the Committee under clause (ii) of paragraph (1) to approve a code of
practice issued or proposed to be issued otherwise than by the Committee shall
include power to approve a part of such a code of practice; and in this Article
and in Article 11 “code of practice” may be read as including a
part of such a code of practice.
ARTICLE
11
Effect of failure to observe approved codes of practice and use of
codes in criminal proceedings
(1) A
failure on the part of any person to observe any provision of an approved code
of practice shall not of itself render him liable to any civil or criminal
proceedings.
(2) Where
in any criminal proceedings a party is alleged to have committed an offence by
reason of a contravention of any requirement or prohibition imposed by or under
such provision as is mentioned in paragraph (1) of Article 10 being a provision
for which there was an approved code of practice at the time of the alleged
contravention, paragraphs (3) and (4) shall have effect with respect to that
code in relation to those proceedings.
(3) Any
provision of the code of practice which appears to the court to be relevant to
the requirement or prohibition alleged to have been contravened shall be
admissible in evidence in the proceedings.
(4) If
it is proved that there was at any material time a failure to observe any
provision of the code which appears to the court to be relevant to any matter
which it is necessary for the prosecution to prove in order to establish a
contravention of that requirement or prohibition, that matter shall be taken as
proved unless the court is satisfied that the requirement or prohibition was in
respect of that matter complied with otherwise than by way of observance of
that provision of the code.
(5) In
any criminal proceedings a code of practice which appears to the court to be
the subject of a notice published by the Committee under Article 10 shall be
taken to be the subject of that notice unless the contrary is proved.
PART IV
ENFORCEMENT
ARTICLE 12
Powers of inspectors
(1) Any
person generally or specially authorised in writing
by the Committee, in that behalf (in this Law referred to as an
“inspector”) may, for the purpose of the execution of any of the
relevant statutory provisions and subject to the production by him, if so
required, of evidence of his authority, and subject to paragraph (3), exercise
the powers set out in paragraph (2).
(2) The
powers referred to in paragraph (1) are –
(a) at
any reasonable time to enter any premises which he has reason to believe it is
necessary for him to enter for the purpose mentioned in paragraph (1);
(b) on
entering any premises by virtue of sub-paragraph (a) to take with him –
(i) any
person duly authorised by the Committee; and
(ii) any
equipment or materials required for any purpose for which the power of entry is
being exercised;
(c) to
make such examination and investigation as may in any circumstances be
necessary for the purpose mentioned in paragraph (1);
(d) as
regards any premises which he has power to enter, to direct that those premises
or any part of them or anything therein, shall be left undisturbed (whether
generally or in particular respects) for so long as is reasonably necessary for
the purpose of any examination or investigation under sub-paragraph (c);
(e) to
take such measurements and photographs and make such recordings as he considers
necessary for the purpose of any examination or investigation under
sub-paragraph (c);
(f) to
take samples of any articles or substances found in any premises which he has
power to enter, and of the atmosphere in or in the vicinity of any such
premises;
(g) to
require any person whom he has reasonable cause to believe to be able to give
any information relevant to any examination or investigation under
sub-paragraph (c) to answer (in the absence of persons other than a person
nominated by him to be present and any persons whom the inspector may allow to
be present) such questions as the inspector thinks fit to ask and to sign a
declaration of the truth of his answers;
(h) to
require the production of, inspect, and take copies of or of any entry in
–
(i) any
books or documents which by virtue of any of the relevant statutory provisions
are required to be kept; and
(ii) any
other books or documents which it is necessary for him to see for the purposes
of any examination or investigation under subparagraph (c);
(j) to
require any person to afford him such facilities and assistance with respect to
any matters or things within that person’s control in relation to which
that person has responsibilities as are necessary to enable the inspector to
exercise any of the powers conferred on him by this Article;
(k) any
other power which is necessary for the purpose mentioned in paragraph (1).
(3) An
inspector shall not exercise any powers under this Article for the purpose of
investigating a matter which is the subject of a police inquiry save in
conjunction with the Connétable or Centenier conducting the inquiry.
(4) No
answer given by a person in pursuance of a requirement imposed under
sub-paragraph (g) of paragraph (2) shall be admissible in evidence against that
person or the husband or wife of that person in any proceedings.
(5) No
person shall be required under this Article to answer any question or to give
any evidence tending to incriminate himself.
(6) Nothing
in this Article shall be taken to compel the production by any person of a
document of which he would on grounds of legal professional privilege be
entitled to withhold production on an order for discovery in any proceedings in
the Royal Court.
ARTICLE
13
Improvement notices
(1) If
an inspector is of the opinion that a person –
(a) is
contravening one or more of the relevant statutory provisions; or
(b) has
contravened one or more of those provisions in circumstances that make it
likely that the contravention will continue or be repeated,
he may serve an improvement notice on him.
(2) An
improvement notice shall –
(a) state
that the inspector is of that opinion;
(b) specify
the provision or provisions as to which he is of that opinion;
(c) give
particulars of the reasons why he is of that opinion; and
(d) require
that person to remedy the contravention or, as the case may be, the matters
occasioning it within such period (ending not earlier than the period within
which an appeal against the notice can be brought under Article 16) as may be
specified in the notice.
ARTICLE
14
Prohibition notices
(1) If
an inspector is of the opinion that there is a risk of serious personal injury
arising out of activities to or in relation to which any of the relevant
statutory provisions apply, he may serve a prohibition notice on the person
carrying on the activities or under whose control the activities are being or
are likely to be carried on.
(2) A
prohibition notice served pursuant to paragraph (1) shall –
(a) state
that the inspector is of that opinion;
(b) specify
the matters which in his opinion give or, as the case may be, will give rise to
the said risk;
(c) where
in his opinion any of those matters involves or, as the case may be, will
involve a contravention of any of the relevant statutory provisions –
(i) state
that he is of that opinion;
(ii) specify
the provision or provisions as to which he is of that opinion; and
(iii) give
particulars of the reasons why he is of that opinion; and
(d) direct
that the activities to which the notice relates shall not be carried on by or
under the control of the person on whom the notice is served unless the matters
specified in the notice in pursuance of sub-paragraph (b) and any associated
contraventions of provisions so specified in the notice in pursuance of
sub-paragraph (c) have been remedied.
(3) A
direction given in pursuance of sub-paragraph (d) of paragraph (2) shall take
immediate effect –
(a) at
the end of the period specified in the notice; or
(b) if
the notice so declares, immediately.
ARTICLE
15
Provisions supplementary to Articles 13 and 14
(1) In
this Article and in Articles 16 and 17 “a notice” means an
improvement notice or a prohibition notice.
(2) A
notice may (but need not) include directions as to the measures to be taken to
remedy any contravention or matter to which the notice relates.
(3) If
directions are included in a notice they may be framed –
(a) to
any extent by reference to an approved code of practice; and
(b) so
as to afford the person on whom the notice is served a choice between different
ways of remedying the contravention or matter.
(4) Where
an improvement notice, or a prohibition notice which is not to take immediate
effect, has been served –
(a) it
may be withdrawn by an inspector at any time before the end of the period
specified therein in pursuance of sub-paragraph (d) of paragraph (2) of Article
13 ors paragraph (3) of Article 14 as the case may be; and
(b) the
period so specified may be extended or further extended by an inspector at any
time when an appeal against the notice is not pending.
ARTICLE
16
Appeal against improvement or prohibition notice
(1) A
person on whom a notice is served may within such period from the date of its
service as may be prescribed appeal to an appeal tribunal.
(2) On
an appeal under this Article the tribunal may either cancel or affirm the
notice and, if it affirms it, may do so either in its original form or with
such modification as the tribunal may in the circumstances think fit.
(3) Where
an appeal under this Article is brought against a notice within the period
allowed under paragraph (1) then in the case of –
(a) an
improvement notice, the bringing of the appeal shall have the effect of suspending
the operation of the notice until the appeal is finally disposed of or, if the
appeal is withdrawn, until the withdrawal of the appeal;
(b) a
prohibition notice, the bringing of the appeal shall have the like effect if,
but only if, on the application of the appellant the tribunal so directs (and
then only from the giving of the direction).
ARTICLE
17
Appeal tribunal
(1) The
States shall by Regulations provide for the establishment of an appeal tribunal
to determine appeals under Article 16 or Article 27.
(2) Without
prejudice to the generality of paragraph (1) Regulations under this Article may
include provision for –
(a) requiring
persons to attend to give evidence and produce documents and authorising the administration of oaths to witnesses;
(b) prescribing
the procedure to be followed on any appeal;
(c) awarding
compensation to an appellant where a notice is cancelled or modified;
(d) awarding
costs;
(e) appointing
assessors to assist the tribunal in technical matters.
PART V
ENQUIRIES, OBTAINING AND DISCLOSURE
OF INFORMATION
ARTICLE
18
Power of Committee to direct investigations and inquiries
(1) The
Committee may at any time investigate any accident, occurrence, situation or
other matter which it considers necessary or expedient to investigate for the
purposes of this Law.
(2) For
the purposes of the powers conferred on it by paragraph (1), the Committee may
–
(a) authorise any person to investigate and make to it a
special report on any matter referred to in paragraph (1); or
(b) direct
an inquiry to be held into any such matter.
(3) Any
inquiry held by virtue of sub-paragraph (b) of paragraph (2) shall be held in
accordance with Regulations made by the States and may be held in public or in
private.
(4) Regulations
made under paragraph (3) may in particular include provision conferring on the
person holding any such inquiry, and any person assisting him in the inquiry
–
(a) powers
of entry and inspection;
(b) powers
of summoning witnesses to give evidence or produce documents; and
(c) power
to take evidence on oath and administer oaths or require the making of
declarations.
(5) The
Committee may cause to be made public at such time and in such manner as it
thinks fit any report (or part of such report as it thinks fit) made as the
result of an investigation or inquiry under this Article.
ARTICLE
19
Obtaining of information by the Committee
For the purpose of obtaining any information which the Committee
needs for its purposes under this Law it may serve on any person a notice
requiring that person to furnish to the Committee such information about such
matters as may be specified in the notice, and to do so in such form and manner
and within such time as may be so specified.
ARTICLE
20
Restrictions on disclosure of information
(1) In
this paragraph and in paragraphs (2) and (3) –
(a) “relevant
information” means information obtained by the Committee under Article 19
or furnished to any person in pursuance of a requirement imposed by any of the
relevant statutory provisions; and
(b) “the
recipient” in relation to any relevant information means the person by
whom that information was so obtained or to whom that information was so
furnished, as the case may be.
(2) Subject
to paragraph (3) no relevant information shall be disclosed without the consent
of the person by whom it was furnished.
(3) Paragraph
(2) shall not apply to –
(a) disclosure
of information to the Committee;
(b) without
prejudice to sub-paragraph (a), disclosure by the recipient of information to
–
(i) any
person for the purpose of any function conferred on the recipient by or under
any of the relevant statutory provisions;
(ii) a
police officer authorised to receive it by the Chief
Officer of the States of Jersey Police Force or a Connétable,
as the case may be;
(c) disclosure
by the recipient of information in a form calculated to prevent it from being
identified as relating to a particular person or case;
(d) disclosure
of information for the purposes of any legal proceedings or any investigation
or inquiry held by virtue of paragraph (2) of Article 18 or for the purposes of
a report of any such proceedings or inquiry or of a special report made by
virtue of that paragraph.
(4) A
person to whom information is disclosed in pursuance of paragraph (3) shall not
use the information for a purpose other than –
(a) in
a case falling within sub-paragraph (a) of that paragraph, a purpose of the
Committee;
(b) in
the case of information given to a police officer, the purposes of the police
in connexion with the relevant statutory provisions
or any enactment whatsoever relating to public health, public safety or the
safety of the Island.
(5) Subject
to paragraph (7), a person shall not disclose any information obtained by him
as a result of the exercise of any power conferred by Article 12 or
sub-paragraph (a) of paragraph (4) of Article 18 (including, in particular, any
information with respect to any trade secret obtained by him in any premises
entered by him by virtue of any such power) except –
(a) for
the purposes of his functions under the relevant statutory provisions; or
(b) for
the purposes of any legal proceedings or any investigation or inquiry held by
virtue of paragraph (2) of Article 18 or for the purposes of a report of any
such proceedings or inquiry or of a special report made by virtue of that
paragraph; or
(c) with
the consent –
(i) in
the case of information furnished in pursuance of a requirement imposed under
Article 12, the consent of the person who furnished it; and,
(ii) in
any other case, the consent of a person having responsibilities in relation to
the premises where the information was obtained.
(6) Notwithstanding
anything in paragraph (5) an inspector shall, in circumstances in which it is
necessary to do so for the purpose of assisting in keeping persons (or the representatives
of persons) employed at any premises adequately informed about matters
affecting their health, safety and welfare, give to such persons or their
representatives –
(a) factual
information obtained by him as mentioned in that paragraph which relates to
those premises or anything which was or is therein or was or is being done
therein; and
(b) information
with respect to any action which he has taken or proposes to take in or in connexion with those premises in the performance of his
functions;
and where an inspector gives information under this paragraph he
shall also give that information to the employer of the persons employed.
(7) A
person who has obtained information referred to in paragraph (5) may furnish to
a person who appears to him to be a party to any civil proceedings arising out
of any accident, occurrence, situation or other matter, a written statement of
relevant facts observed by him in the course of exercising any of the powers
referred to in that paragraph.
PART VI
PROVISIONS AS TO OFFENCES
ARTICLE
21
Offences
(1) It
is an offence for a person –
(a) to
fail to discharge a duty to which he is subject by virtue of Part II;
(b) to
contravene any health and safety Regulations or any requirement or prohibition
imposed under any such Regulations (including any requirement or prohibition to
which he is subject by virtue of the terms of or any condition or restriction
attached to any licence, approval, exemption or other
authority issued, given or granted under the Regulations);
(c) to
contravene any of the existing statutory provisions;
(d) to
contravene any requirement imposed by or under Regulations under Article 18 or
intentionally to obstruct any person in the exercise of his powers under that
Article;
(e) to
contravene any requirement imposed by an inspector under Article 12;
(f) to
prevent or attempt to prevent any other person from appearing before an
inspector or from answering any question to which an inspector may by virtue of
paragraph (2) of Article 12 require an answer;
(g) to
contravene any requirement or prohibition imposed by –
(i) an
improvement notice; or
(ii) a
prohibition notice,
(including any such notice as modified on appeal);
(h) intentionally
to obstruct an inspector in the exercise or performance of his powers or
duties;
(j) to
contravene any requirement imposed by a notice under Article 19;
(k) to
use or disclose any information in contravention of Article 20;
(l) to
make a statement which he knows to be false or recklessly to make a statement
which is false where the statement is made –
(i) in
purported compliance with a requirement to furnish any information imposed by
or under any of the relevant statutory provisions; or
(ii) for
the purpose of obtaining the issue of a document under any of the relevant
statutory provisions to himself or another person;
(m) intentionally
to make a false entry in any register, book, notice or other document required
by or under any of the relevant statutory provisions to be kept, served or
given or, with intent to deceive, to make use of any such entry which he knows
to be false;
(n) with
intent to deceive, to forge or use a document issued or authorised
to be issued under any of the relevant statutory provisions or required for any
purpose thereunder or to make or have in his
possession a document so closely resembling any such document as to be
calculated to deceive;
(o) falsely
to pretend to be an inspector;
(p) to
fail to comply with an order made by the court under Article 24.
(2) A
person guilty of an offence under sub-paragraph (d), (f), (h) or (o) of
paragraph (1) shall be liable on conviction to a fine not exceeding two
thousand pounds.
(3) A
person guilty of an offence under –
(a) clause
(ii) of sub-paragraph (g) of paragraph (1);
(b) sub-paragraph
(k) of paragraph (l); or
(c) sub-paragraph
(b) of paragraph (l) which is an offence consisting of –
(i) contravening
any of the relevant statutory provisions by doing otherwise than under the
authority of a licence issued by the Committee
something for the doing of which such a licence is
necessary under the relevant statutory provisions;
(ii) contravening
a term of or a condition or restriction attached to any such licence as is mentioned in clause (i);
(iii) acquiring
or attempting to acquire, possessing or using an explosive article or substance
(within the meaning of any of the relevant statutory provisions) in
contravention of any of these provisions,
shall be liable on conviction to imprisonment for a term not
exceeding two years, or a fine or both.
(4) A
person guilty of an offence under –
(a) sub-paragraph
(a), sub-paragraph (b) (except in relation to the matters mentioned in
sub-paragraph (c) of paragraph (3)), sub-paragraph (c), sub-paragraph (e),
clause (i) of sub-paragraph (g), sub-paragraph (j),
sub-paragraphs (l) to (n) or sub-paragraph (p) of paragraph (l); or
(b) any
of the existing statutory provisions for which no other penalty is specified in
those provisions;
shall be liable on conviction to a fine.
(5) where
a person is convicted of an offence under sub-paragraph (g) or (p) of paragraph
(1) then, if the contravention in respect of which he was convicted is
continued after the conviction he shall (subject to paragraph (3) of Article
24) be guilty of a further offence and liable in respect thereof to a fine not
exceeding one hundred pounds for each day on which the contravention is so
continued.
ARTICLE
22
Offences due to fault of other person
(1) A
person charged with an offence under any of the relevant statutory provisions
who proves to the satisfaction of the court that he had used all due diligence
to enforce the execution of the relevant statutory provisions and that the
offence was due to an act or default of some other person who committed it
without his consent, connivance or wilful default,
shall be acquitted of the offence.
(2) Where
paragraph (1) applies the person to whose act or default the offence was
attributable shall be guilty of the offence and that person may be charged with
and convicted of the offence by virtue of this paragraph.
ARTICLE
23
Offences by bodies corporate
(1) Where
an offence under any of the relevant statutory provisions committed by a body
corporate is proved to have been committed with the consent or connivance of,
or to have been attributable to any neglect on the part of, any director,
manager, secretary or other similar officer of the body corporate or a person
who was purporting to act in any such capacity, he as well as the body
corporate shall be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1) shall
apply in relation to the acts and defaults of a member in connexion
with its functions of management as if he were a director of the body
corporate.
ARTICLE
24
Power of court to order cause of offence to be remedied or, in
certain cases, forfeiture
(1) Where
a person is convicted of an offence under any of the relevant statutory
provisions in respect of any matters which appear to the court to be matters
which it is in his power to remedy, the court may, in addition to or instead of
imposing any punishment –
(a) order
him, within such time as may be fixed by the order, to take such steps as may
be specified in the order for remedying the said matters; or
(b) empower
the Committee, at the expense of the person convicted, to take any action
required to be taken under the relevant statutory provisions; and
(c) direct
that, until such action has been taken which fully complies with the relevant
statutory provisions, the premises, machinery, plant, process, substance for
use at work or description of manual labour to which
the relevant statutory provisions relate, or such part thereof as may be
specified by the court, shall not be used or shall only be used in such manner
as the court may specify.
(2) The
time fixed by an order under sub-paragraph (a) of paragraph (1) may be extended
or further extended by order of the court on an application made before the end
of that time as originally fixed or as extended under this paragraph, as the
case may be.
(3) Where
a person is ordered under sub-paragraph (a) of paragraph (1) to remedy any
matters, that person shall not be liable under any of the relevant statutory
provisions in respect of those matters in so far as they continue during the
time fixed by the order or any further time allowed under paragraph (2).
(4) Where
the Committee is empowered by the court to take action under sub-paragraph (b)
of paragraph (1), any person duly authorised in that
behalf by the Committee, may, subject to the production by him, if so required,
of evidence of his authority, at all reasonable times enter the premises
whereon such action is to be taken, and take such action there as the Committee
is empowered by the court to take.
(5) The
expenses incurred by the Committee pursuant to sub-paragraph (b) of paragraph
(1) shall be recoverable as a civil debt due by the person convicted.
(6) Subject
to paragraph (7), where a person is convicted of an offence mentioned in clause
(iii) of sub-paragraph (c) of paragraph (3) of Article 21 in respect of any
explosive article or substance the court may order the article or substance in
question to be forfeited and either destroyed or dealt with in such other
manner as the court may order.
(7) The
court shall not order anything to be forfeited under paragraph (6) where a
person claiming to be the owner of or otherwise interested in it applies to be
heard by the court, unless an opportunity has been given to him to show cause
why the order should not be made.
ARTICLE
25
Evidence
(1) Where
any entry is required by any of the relevant statutory provisions to be made in
any register or other record, the entry, if made, shall, as against the person
by or on whose behalf it was made, be admissible as evidence.
(2) Where
an entry which is so required to be so made with respect to the observance of
any of the relevant statutory provisions has not been made, the fact shall be
admissible as evidence that that provision has not been observed.
PART VII
MISCELLANEOUS
ARTICLE
26
Civil liability
(1) Nothing
in this Law shall be construed –
(a) as
conferring a right of action in any civil proceedings in respect of any failure
to comply with any duty imposed by Part II; or
(b) as
affecting the extent (if any) to which breach of a duty imposed by any of the
existing statutory provisions is actionable; or
(c) as
affecting the operation of section 12 of the Nuclear Installations Act 1965
(1965 c.57) of the United Kingdom (right to compensation by virtue of certain
provisions of that Act) as extended to Jersey by the Nuclear Installations
(Jersey) Order, 1980.
(2) Breach
of a duty imposed by health and safety Regulations shall, so far as it causes
damage, be actionable except in so far as the Regulations provide otherwise.
(3) No
provision made by virtue of sub-paragraph (j) of paragraph (2) of Article 9
shall afford a defence in any civil proceedings
whether brought by virtue of paragraph (2) or otherwise, but as regards any
duty imposed as mentioned in paragraph (2) health and safety Regulations may
provide for any defence specified in the Regulations
to be available in any action for breach of that duty.
(4) Sub-paragraph
(a) of paragraph (1) and paragraph (2) are without prejudice to any right of
action which exists apart from the provisions of this Law, and paragraph (3) is
without prejudice to any defence which may be
available apart from the provisions of the Regulations referred to in that
paragraph.
(5) Any
term of an agreement which purports to exclude or restrict the operation of
paragraph (2), or any liability arising by virtue of that paragraph shall be
void, except in so far as health and safety Regulations provide otherwise.
(6) In
this Article “damage” includes the death of, or injury to, any
person (including any disease and any impairment of a person’s physical
or mental condition).
ARTICLE
27
Appeals in connexion with licensing
provisions in the relevant statutory provisions
(1) Any
person who is aggrieved by a decision of the Committee in exercise of a power
to issue licences under any of the relevant statutory
provisions –
(a) refusing
to issue him a licence, to renew a licence held by him or to transfer to him a licence held by another;
(b) issuing
him a licence on or subject to any term condition or
restriction whereby he is aggrieved;
(c) varying
or refusing to vary any term, condition or restriction on or subject to which a
licence is held by him; or
(d) revoking
a licence by him,
may appeal to the appeal tribunal.
(2) Before
the determination of an appeal the appellant and the Committee shall be asked
whether they wish to appear and be heard on the appeal and –
(a) the
appeal may be determined without a hearing of the parties if both of them
express a wish not to appear and be heard;
(b) the
appeal tribunal shall, if either of the parties express a wish to appear and be
heard, afford to both of them an opportunity of so doing.
(3) The
appeal tribunal may give such directions as it considers appropriate to give
effect to its determination.
ARTICLE
28
Notices, etc
Any notice or other document required or authorised
to be sent or served under or for the purposes of this Law may be sent or
served either by –
(a) delivering
it to the person on whom it is to be sent or served; or
(b) leaving
it at the usual or last-known place of abode of that person or, in the case of a
company, at its registered office or its principal place of business; or
(c) sending
it by post addressed to that person at his usual or last-known place of abode
or, in the case of a company, at its registered office or its principal place
of business; or
(d) delivering
it to some person on the premises to which it relates or, if there is no person
on the premises then by fixing it on some conspicuous part of the premises.
ARTICLE
29
Repeal and savings
(1) The
Safeguarding of Workers (Jersey) Law, 1956 is
repealed.
(2) Notwithstanding
paragraph (1), the enactments set out in the Schedule to this Law and in force
immediately prior to the coming into force of this Law shall, so far as they
are not inconsistent with the provisions of this Law continue in force as if
made under this Law.
(3) Nothing
in this Law shall affect or derogate from –
(a) the
Explosives (Jersey) Law, 1970;
(b) the
Fire Precautions (Jersey) Law, 1977;
(c) the
Petroleum (Jersey) Law, 1984; or
(d) any
other enactment providing for the control of the possession and use of
dangerous substances.
ARTICLE
30
Short title and commencement
This Law may be cited as the Health and Safety at Work (Jersey)
Law, 1989 and shall come into force on such day as the States may by Act
appoint.
E.J.M. POTTER
Greffier of the States.
SCHEDULE
(Article 29(2))
Existing statutory provisions
Protection Against Ionising Radiations
(Jersey) Regulations, 1965.
Safeguarding of Workers (Machsinery and
Woodworking Machines) (Jersey) Regulations, 1967.
Construction (Safety Provisions) (Jersey) Regulations, 1970.
Explosives (Safety Provisions) (Jersey) Regulations, 1972.
Safeguarding of Workers (Cranes and Lifting Appliances) (Jersey)
Regulations, 1978.
Safeguarding of Workers (Highly Flammable Liquids) (Jersey)
Regulations, 1979.
Safeguarding of Workers (Chains, Ropes and Lifting Gear) (Jersey)
Regulations, 1980.
Fire Resisting Structures (Explosion Pressure Relief) (Jersey)
Order, 1980.
Safeguarding of Workers (Electricity at Work) (Jersey) Regulations,
1983.
Safeguarding of Workers (Liquefied Petroleum Gas) (Jersey)
Regulations, 1984.