Section 17: Duties of designers, manufacturers, importers and exhibitors

17. Duties of designers, manufacturers, importers and exhibitors (1) Every person who designs, manufactures, imports or supplies any article for use at work shall— (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risk to health when used in a reasonable manner; and (b) take such steps as are necessary to ensure that there will be available in connection with the use at work of the article, adequate information, by way of certificate, manual, pamphlet or otherwise, about— (i) the use for which it is designed and has been tested; and (ii) any conditions necessary to ensure that, when put to that use, it will be safe and without risk to health. (2) Every person who erects or installs any article for use at work in any premises where the article is to be used by persons at work shall ensure, so far as is reasonably practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used. (3) The Minister may make regulations for the purposes of preventing injury to be caused to any person by the transfer or exhibition of machinery of which dangerous or projecting parts may, in the course of such transfer or exhibition, be a source of danger to such person. O2 – 15 [Issue 1] Occupational Safety and Health Act (4) Every person who manufactures, imports or supplies any substance for use at work that presents such intrinsic health or physical hazards as may be prescribed, shall— (a) ensure that the packaging and labelling on containers of the substance comply with such standards as may be prescribed, including information as to— (i) the identity of the substance; (ii) the telephone number, name and address of the supplier; (iii) essential information regarding the classification of the substance assigned under a system prescribed by the Minister; (iv) the hazard symbols as specified in the Seventh Schedule to the Dangerous Chemicals Control Act; (v) information on the safety precautions to be observed; (vi) a statement that a material safety data sheet giving additional information is available, where appropriate; and (vii) batch number allocated by the manufacturer; (b) provide to any person supplied with such substance by him, material safety data sheets which comply with such standard as is prescribed and which shall give, so far as is practicable, the following information in relation to the substance— (i) the name of the substance or preparation, including trade or common name; (ii) particulars of the supplier or manufacturer; (iii) the composition or such other information on ingredients; (iv) the classification as prescribed by regulations; (v) the hazards identification; (vi) the first-aid measures; (vii) the fire-fighting measures; (viii) the accidental release measures; (ix) the handling or storage; (x) the exposure controls and personal protection; (xi) the physical and chemical properties; (xii) the stability and reactivity; (xiii) the toxicological information, including the potential routes of entry into the body; (xiv) the ecological information; (xv) the disposal considerations; (xvi) the transport information; (xvii) any statutory information; (xviii) the date of preparation of the material safety data sheet; (xix) any other information as may be prescribed. [Issue 1] O2 – 16 Revised Laws of Mauritius