Section 12: Exposure to serious and imminent danger

12. Exposure to serious and imminent danger (1) Every employer shall— (a) establish and give effect to any appropriate procedures to be followed in the event of serious and imminent danger to any person at work in his undertaking; [Issue 1] O2 – 12 Revised Laws of Mauritius (b) nominate a sufficient number of competent persons to implement those procedures in so far as they relate to the evacuation from the premises of persons at work in his undertaking; and (c) ensure that no employee has access to any area occupied by him to which it is necessary to restrict access on grounds of safety and health, unless the employee has received adequate safety and health instructions. (2) The procedures referred to in subsection (1) shall, in particular— (a) so far as is practicable, require any employee who is exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken to protect him from it; (b) enable the employee to stop work and immediately proceed to a place of safety in the event to his being exposed to serious and imminent danger; and (c) save in an exceptional case for reasons duly documented, require the employee to be prevented from resuming work in any situation where there is still a serious and imminent danger. (3) An employee who, in accordance with the procedures referred to in subsection (1), has stopped work on reasonable belief that it presents a serious or imminent danger to his life or health shall not be liable to any civil or criminal action, or any form of disciplinary proceedings.