PART 5 PART 5 : Employer's Obligations
37. General Duties Of Employers To Their Employees(1) An Employer has a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all its Employees.(2) An Employer shall provide and maintain a workplace that is free of harassment, safe and without risks to an Employee's health.
38. Health And Safety Duties(1) Without limiting the generality of an Employer's duty under section 37, every Employer has a duty, as far as is reasonably practicable, to –(a) ensure adequate systems are in place that minimize risks to health concerning fire hazards and the use, handling, storage and transport of dangerous articles and substances;(b) provide information, instruction, training and supervision to Employees, in English or, if necessary, another language understood by the Employees, to ensure their health and safety at work;(c) inform each Employee in writing at the time of recruitment of the dangers, if any, connected with the employment and of the protective measures the Employee shall take;(d) provide and maintain adequate and safe access to, and from, the workplace; and(e) provide any other facilities or meet any other requirements as prescribed in any rules made by the Board.
An Employer shall ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air.
40. Temperature In Indoor Workplaces
An Employer shall ensure that, during working hours, the temperature in all workplaces inside buildings shall be reasonable.
An Employer shall ensure that its workplace has suitable and sufficient lighting.
An Employer shall keep its workplace and its furniture, furnishings and fittings clean.
43. Room Dimensions And Space
An Employer shall ensure that every room where persons work has sufficient floor area, height and unoccupied space for purposes of health, safety and welfare.
44. Workstations And Seating
An Employer shall ensure that workstations are suitable for Employees and the nature of the work required to be done at the workstation.
45. Sanitary Conveniences
An Employer shall provide suitable and adequate sanitary conveniences at readily accessible places in the workplace.
46. Drinking Water
An Employer shall provide an adequate supply of wholesome drinking water for all Employees in the workplace.
47. No Penalties For Preventing Health And Safety Risks(1) An Employer shall not dismiss or otherwise penalise, directly or indirectly, any Employee for –(a) carrying out activities that prevent or reduce risks to health and safety in the workplace where the Employee has been specifically designated to do so; or(b) taking reasonable steps to avert serious and imminent danger and for refusing to return to the place of danger until the danger no longer exists.(2) An Employee is not to be regarded as having been penalised for conduct referred to in subsection (1) if the Employer proves that the Employee's conduct was negligent or inappropriate in the circumstances and that a reasonable Employer would have treated the Employee as the Employer did.
48. Work‐related Injuries
The Employer shall immediately obtain, at the Employer's expense if such expense is not covered by the Employer‐provided health insurance, adequate medical assistance for any Employee who suffers an injury as a result of an accident arising out of or in the course of his employment.
49. Compensation For Employment Accidents And Occupational Diseases(1) Where an Employee sustains an injury as a result of an accident arising out of or in the course of his employment, and the Employee can show that such accident arose as a result of the Employer’s negligence or actions, the Employer shall pay compensation to the Employee in accordance with any scale of compensation amounts specified for the purposes of this section by the Board in rules made by the Board.(2) No compensation is payable under this section until such amounts have been so specified.Where an Employee dies as a result of an accident or illness arising out of or in the course of his employment, and the Employee’s estate can show that such accident or illness arose as a result of the Employer’s negligence or actions, the Employer shall pay compensation to the Employee’s estate equal to no less than 24 months' Wages calculated on the basis of the last monthly wage the Employee was paid before his death.
50. Health Insurance
An Employer is required to obtain and maintain health insurance cover for its Employees.