Section 105: Transitional provisions

105. Transitional provisions (1) Notwithstanding section 10, every employer shall, from 1 September 2007, make a risk assessment in accordance with that section, in respect of his undertaking. (2) Section 17 (3) shall apply to any manufacturer, importer or supplier of substances referred to in that subsection after 3 months from 1 September 2007. (3) Any application, complaint, inspection, investigation made or initiated under the repealed enactment, and pending at 1 September 2007, shall be deemed to have been made or initiated under this Act and action shall be taken thereon in accordance with this Act, subject to such additional requirements of this Act being complied with. (4) The Advisory Council for Occupational Safety, Health and Welfare appointed under the repealed enactment shall, notwithstanding the appointment of the Advisory Council for Occupational Safety and Health under section 28, continue in existence for a period not exceeding 6 months as if this Act has not been enacted only for the purpose of completing any matter referred to it by the Minister for the purposes of advice and assistance. (5) (a) Every person who, on 1 September 2007, holds or obtains within one year 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 as specified in section 29 (2). (b) Every person who, on 1 September 2007, was registered as a Safety and Health Officer under the Occupational Safety, Health and Welfare (Fees and Registration) Regulations 1989 may continue to practise as a Safety and Health Officer without being registered under this Act for a period of 12 months from 1 September 2007. (c) Notwithstanding section 30 (4) (a) and paragraph (b), every employee who was also registered as a part-time Safety and Health Officer for his employer may continue to act as such, without being registered under this Act, for a period of 24 months from 1 September 2007, following which he shall opt to occupy one of his 2 positions. (d) No employee who exercises an option to practise as Safety and Health Officer shall start his practice unless he is registered, under section 29, as a Safety and Health Officer. (6) Any boiler inspector or machinery inspector registered under the repealed enactment shall be deemed to have been registered under this Act. (7) Any employer whose place of work does not comply with section 36 shall, at latest, 12 months after 1 September 2007, make suitable arrangements for compliance with that section. [Issue 7] O2 – 68 Revised Laws of Mauritius (8) Any fire certificate and any factory building permit issued under the repealed enactment shall be deemed to have been issued under this Act. (9) (a) Every proceeding commenced under the repealed enactment and wholly or partly heard may be continued and completed as if the repealed enactment were still in operation. (b) Every appeal that had been commenced under the repealed enactment and not finally determined shall be dealt with as if this Act had not come into operation. (10) Where this Act does not make provision for the necessary transition from the repealed enactment to this Act, the Minister may make regulations for such transition. (11) In this Part, “repealed enactment” means the Occupational Safety, Health and Welfare Act. 106. — FIRST SCHEDULE [Sections 29 and 105] REGISTERED SAFETY AND H ration. (b) Every appeal that had been commenced under the repealed enactment and not finally determined shall be dealt with as if this Act had not come into operation. (10) Where this Act does not make provision for the necessary transition from the repealed enactment to this Act, the Minister may make regulations for such transition. (11) In this Part, “repealed enactment” means the Occupational Safety, Health and Welfare Act. 106. — FIRST SCHEDULE [Sections 29 and 105] REGISTERED SAFETY AND HEALTH OFFICER MNIMUM QUALIFICATIONS PART I Diploma in Occupational Health and Safety of the University of Mauritius or its equivalence certified by the Tertiary Education Commission PART II AUSTRALIA Certificate in Safety Management of the Royal Melbourne Institute of Technology Certificate of the National Safety Council of Australia CANADA Certificate of the Industrial Accident Prevention Association Certificate of the British Columbia Safety Council FRANCE Certificat d’Etudes Spéciales de Médecine du Travail Le Diplome de I’Institut National de Securité MAURITIUS Diploma in Occupational Health and Safety of the University of Mauritius O2 – 69 [Issue 2] Occupational Safety and Health Act FIRST SCHEDULE—continued NEW ZEALAND Certificate of the National Safety Association of New Zealand SOUTH AFRICA Diploma in Industrial Hygiene of the National College of Industrial Hygiene, now known as the Environment Science Services Consultant (Pty) Ltd, supervised by the Board of Examiners of Australia Diploma in Occupational Health and Safety of the National College of Industrial Hygiene, now known as the Environment Science Services Consultant (Pty) Ltd, supervised by the Board of Examiners of Australia SWITZERLAND Diplôme de la Société Suisse des Contremaîtres de Sécurité UNITED KINGDOM Associateship of the Faculty of Occupational Medicine of the Royal College of Physicians, London Bachelor of Science in Occupational Hygiene of the Polytechnic of the South Bank, London Bachelor of Science in Occupational Hygiene of the South Bank University, London Certificate in Occupational Safety and Health of the University of Aston in Birmingham Corporate Membership Diploma of the Institution of Industrial Safety Officers Corporate Membership Diploma of the Institution of Occupational Safety and Health of Great Britain Diploma in Occupational Health and Safety Management of the Nottingham Trent University Diploma or Certificate in Safety Management of the British Safety Council International Diploma in Health and Safety Management of the British Safety Council Master of Science in Occupational Hygiene of the University of Newcastle upon Tyne The International Diploma in Safety Management of the British Safety Council UNITED STATES OF AMERICA Advanced Safety Certificate of the National Safety Council Licence of the Board of Certified Safety Professionals of the Americas [First Sch. amended by GN 75 of 2008 w.e.f. 1 September 2007.] [Issue 2] O2 – 70 Revised Laws of Mauritius SECOND SCHEDULE [Section 27] THE OCCUPATIONAL SAFETY AND HEALTH ACT [Section 27] PROHIBITION ORDER To ................................................................................................................. I ......................................... of ................................. Tel. No. ...................... hereby give you notice that I am of the opinion that the following activities, namely: ....................................................................................... OND SCHEDULE [Section 27] THE OCCUPATIONAL SAFETY AND HEALTH ACT [Section 27] PROHIBITION ORDER To ................................................................................................................. I ......................................... of ................................. Tel. No. ...................... hereby give you notice that I am of the opinion that the following activities, namely: ...................................................................................................................... ...................................................................................................................... which are being carried on by you/about to be carried on by you/under your control at .................................................................................................................. .............................................. involve/or will involve a risk of serious bodily injury. I am further of the opinion that the said matters involve contraventions of the following statutory provisions:— ...................................................................................................................... ...................................................................................................................... .......................................................................................................... because ...................................................................................................................... ...................................................................................................................... and I hereby direct that the said activities shall be prohibited on/after ..................... ...................................................................................................................... unless the said matters have been remedied to the satisfaction of the undersigned. Date: ................................................. .......................................................... Permanent Secretary THIRD SCHEDULE [Section 46] Blow moulding machines Brick and tile presses Calenders Carding machines in use in the wool textile trades Corner staying machines Dough brakes Dough mixers Garment presses Gill boxes in use in the wool textile trades Guillotine machines Hydro-extractors O2 – 71 [Issue 1] Occupational Safety and Health Act THIRD SCHEDULE—continued Injection moulding machines Lifting machines Loose knife punching machines Machines used for opening or teasing in upholstery or bedding works Meat mincing machines Milling machines in use in the metal trades Pie and tart making machines Platen printing machines Power presses, including hydraulic and pneumatic presses Rubber mixing rolls used in rubber processing Semi-automatic wood turning lathes Softening and stripping machines used in fibre processing Steam boilers Washing machines Wire stitching machines Woodworking machines Worm pressure extruding machines FOURTH SCHEDULE [Sections 51 and 61] THE OCCUPATIONAL SAFETY AND HEALTH ACT [Sections 51 and 61] REPORT OF EXAMINATION OF A CRANE OR LIFTING MACHINE re extruding machines FOURTH SCHEDULE [Sections 51 and 61] THE OCCUPATIONAL SAFETY AND HEALTH ACT [Sections 51 and 61] REPORT OF EXAMINATION OF A CRANE OR LIFTING MACHINE