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Section 29: Registration and deregistration of Safety and Health

Occupational Safety And Health Act

This section is inserted by Act No 20 of 2022, section 11.

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.

29. Registration and deregistration of Safety and Health Officers (1) No person shall practise as a Safety and Health Officer unless he is registered in respect of the employer who has employed him as a Safety and Health Officer. (2) Any person who possesses the qualifications specified in Part I of the First Schedule and intends to practise as a Safety and Health Officer for any employer shall, within 14 days of the acceptance of an offer of employment – (a) make an application to the Permanent Secretary in the form set out in the Sixteenth Schedule; and (b) furnish such documents and information as the Permanent Secretary may require. Acts 2022 655 (3) On receipt of an application under subsection (2), the Permanent Secretary shall, after making such enquiry as he may deem necessary – (a) register the Safety and Health Officer and issue a certificate of registration in respect of such employers as may be specified in the application on payment of the prescribed registration fee; or (b) refuse to register the applicant and specify the grounds of refusal. (4) No employee or Safety and Health Officer who is employed on a full-time basis by an employer shall be employed as Safety and Health Officer on a part-time basis by another employer. (5) (a) (i) Where there is any change in the particulars of the current certificate of registration of a registered Safety and Health Officer, he shall, in accordance with subsection (2), make a fresh application to the Permanent Secretary within 14 days of such change. (ii) Any application submitted under paragraph (i) shall be processed in accordance with subsection (3). (b) Where a registered Safety and Health Officer ceases to practise as a Safety and Health Officer, he shall notify the Permanent Secretary of that fact and surrender his certificate of registration to the Permanent Secretary within a period of 14 days of ceasing to practise as Safety and Health Officer. (6) The Permanent Secretary shall keep and maintain a register of registered Safety and Health Officers. (7) (a) Any person who performs the duties of a Safety and Health Officer under this Act, without a certificate of registration issued by the Permanent Secretary, shall commit an offence. 656 Acts 2022 (b) Any Safety and Health Officer who makes any – (i) report or record; or (ii) entry in the register provided to him under this Act by any employer, which is false in any material particular, shall commit an offence. (8) Any Safety and Health Officer may be deregistered – (a) where he is convicted of an offence under or related to this Act; (b) on ground of incapacity to discharge the duties of Safety and Health Officer under this Act; (c) for misconduct in the discharge of his functions and duties under this Act; or (d) for having contravened section 30(8)(a) for giving false or misleading information in a record kept under section 30(8)(b).

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