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Section 67: Substances hazardous to health

Occupational Safety And Health Act · PART VI: SAFETY (GENERAL PROVISIONS)

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.

67. Substances hazardous to health (1) No substance prohibited under regulations made by the Minister shall be handled, stored or used in any place of work. (2) Every employee who may during the course of his work handle or use any substance hazardous to health shall be fully informed and instructed as to the risks associated with the substance and the necessary precautionary measures to be observed for protection against such risks. (3) Every employer shall ensure that the exposure of any employee to a substance hazardous to health is either prevented, or where this is not reasonably practicable, adequately controlled. (4) The prevention or adequate control of exposure to a substance hazardous to health, except a biological agent, shall as far as possible be secured by measures other than the provision of personal protective equipment. (5) Where the measures taken in accordance with subsection (4) do not prevent or provide adequate control of exposure to substances hazardous to the health of employees, the employer shall in addition to taking those measures, provide the employees with suitable and appropriate personal protective equipment and clothing that shall adequately prevent their exposure to substances hazardous to health. (6) Every employer who provides any control measure, personal protective equipment and clothing shall take all reasonable steps to ensure that it is effectively used or applied, as the case may be, and is properly maintained. (7) Where engineering controls are provided to prevent the exposure of employees to substances hazardous to health, the employer shall ensure that thorough examinations and tests of the engineering controls are carried out by a competent person— (a) in the case of local exhaust ventilation plant, at least once in every period of 12 months; or (b) in any other case, at suitable intervals. O2 – 47 [Issue 1] Occupational Safety and Health Act (8) In the case of engineering controls, the employer shall keep a record of the examinations, tests and any repairs carried out as a result of the examination and tests. (9) Where in any room any substance hazardous to health which may contaminate food or drink is stored, handled or used, no employee shall be permitted to partake of food or drink in that room, and no food or drink shall be kept in or conveyed through that room at any time.

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