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Section 105: Savings and transitional provisions

Occupational Safety And Health Act

This section is inserted by Act No 20 of 2022, section 26.

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

105. Savings and transitional provisions (1) (a) Every person who, on the commencement of this Act, holds or obtains within 3 years of that date, any of the qualifications specified in Part II of the First Schedule may apply for registration under this Act, notwithstanding the fact that he does not possess the qualifications specified in Part I of the First Schedule. (b) Any registered professional engineer in general charge of machinery who, on the date of coming into operation of this Act, is not registered under this Act, may continue to practise as Registered Professional Engineer in general charge of machinery for a period of not more than 6 months from the date of coming into operation of this Act. (c) Any registered boiler inspector or registered machinery inspector, who, on the commencement of this Act, does not hold a certificate of registration issued under this Act, may continue to practise as registered boiler inspector or registered machinery inspector for a period of not more than 6 months from the commencement of this Act. (d) Notwithstanding section 29(4), every full-time employee or registered Safety and Health Officer who, on the date of coming into operation of this Act, was registered as a part-time Safety and Health Officer may continue to practise as a part-time registered Safety and Health Officer for a period not exceeding 12 months from the commencement of this Act. (2) (a) Any factory building permit issued prior to commencement of this Act shall be deemed to have been issued under this Act. (b) Every employer whose place of work is not in accordance with section 39(1)(b) shall, within 3 months of the commencement of this Act, make suitable arrangements to ensure compliance with that section. 668 Acts 2022 (3) (a) The Director, Occupational Safety and Health, of the Ministry shall, on the commencement of this Act, be deemed to be the Director of the National Occupational Safety and Health Department established under this Act. (b) The officers of the Occupational Safety and Health Division of the Ministry shall, on the commencement of this Act, be deemed to be officers of the National Occupational Safety and Health Department established under this Act. (c) The duties and functions of the Director under this Act shall, before the commencement of this Act, be performed by the Director, Occupational Safety and Health. (4) Where this Act does not make provision for any saving or transition, the Minister may make such regulations as may be necessary for such saving or transition.

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