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NO. 7 OF 2006
maintain the machinery, the duty under subsection (4)(a) shall apply to that other person instead of the owner, hirer or lessee of the machinery.
(7) Subsections (1), (2) and (3) shall apply only to machinery or equipment specified in Part I of the Fifth Schedule.
Other related duties of occupiers and employers
18.—(1) An employer shall not—
- (a) deduct, or allow to be deducted, from the sum contracted to be paid by him to any employee of his; or
- (b) receive, or allow any agent of his to receive, any payment from any employee of his,
in respect of anything to be done or provided by him in accordance with this Act in order to ensure the safety, health or welfare of any of his employees at work.
(2) An employer shall not dismiss or threaten to dismiss an employee because the employee—
- (a) has assisted (whether by the giving of information or otherwise) an inspector, authorised person or any other public authority in the conduct of any inspection or investigation under this Act for a breach or an alleged breach of this Act, or proposes to do so;
- (b) has in good faith sought the assistance of, or made a report to an inspector or authorised person in relation to a safety and health matter, or proposes to do so;
- (c) is performing his duties in good faith as a member of a workplace safety and health committee; or
- (d) has complied with an order made under section 21 or otherwise complied with this Act, or proposes to do so.
(3) The occupier of a workplace shall cause to be kept in the workplace the following records:
- (a) every document issued in respect of the workplace by the Commissioner under the provisions of this Act;
- (b) a copy of every notice furnished to the Commissioner as required under this Act; and
