Gazette July 21, 2022 Part A VOL. CLVII No. 80

Jul 21, 2022 | Part A

VOL. CLVII No. 80
Part A BRIDGETOWN, BARBADOS, 21ST JULY, 2022
Contents
Act 2022-11: Safety and Health at Work (Amendment) Act, 2022. Act 2022-12: Debt Conversion (Counter-Guarantee) Act, 2022.

SAFETY AND HEALTH AT WORK (AMENDMENT) ACT, 2022-11
Arrangement of Sections

  1. Short title
  2. Amendment of section 33 of Cap. 356
  3. Amendment of section 34 of Cap. 356
  4. Amendment of section 35 of Cap. 356
  5. Amendment of section 36 of Cap. 356
  6. Amendment of section 63 of Cap. 356
  7. Amendment of section 65 of Cap. 356
  8. Amendment of section 79 of Cap. 356
  9. Amendment of section 93 of Cap. 356
  10. Amendment of section 108 of Cap. 356
  11. Amendment of section 109 of Cap. 356
  12. Amendment of section 110 of Cap. 356
  13. Amendment of section 111 of Cap. 356
  14. Insertion of new section 136A into Cap. 356

BARBADOS
I assent
S. MASON President of Barbados 18th July, 2022.
2022-11
An Act to amend the Safety and Health at Work Act, Cap. 356 to make better provision for the issue of certificates by the Chief Fire Officer and to extend the power to make regulations.
[Commencement: 21st July, 2022] ENACTED by the Parliament of Barbados as follows:
SAFETY AND HEALTH AT WORK (AMENDMENT) ACT, 2022-11

  1. This Act may be cited as the Safety and Health at Work (Amendment) Act, 2022.

Amendment of section 33 of Cap. 356

  1. Section 33 of the Safety and Health at Work Act, Cap. 356, in this Act referred to as the principal Act, is amended
    (a)
    in paragraph (c) of subsection (6), by deleting the word “inflammable” and substituting the word “flammable”;

(b)
by deleting subsection (7) and substituting the following:

“(7) Where a certificate of the Chief Fire Officer is issued in accordance with subsection (5),
(a)
an original copy shall be displayed in a conspicuous place at the workplace for the benefit of employees and persons who visit the premises in connection with work;

(b)
one duplicate copy shall be lodged on the general register; and

(c)
one duplicate copy shall be forwarded by the Chief Fire Officer to the Chief Labour Officer.”.

Amendment of section 34 of Cap. 356

  1. Section 34 of the principal Act is amended in subparagraph (iii) of paragraph (a) by deleting the word “inflammable” and substituting the word “flammable”.
  2. Section 35 of the principal Act is amended in paragraph (c) of subsection (3) by deleting the word “inflammable” and substituting the word “flammable”.

Amendment of section 36 of Cap. 356

  1. Section 36 of the principal Act is amended in subsection (1) by deleting paragraph (d) and substituting the following:
    “(d) the length of time within which he is required to comply with any requirement made under section 33, 35 or 37; or”.

Amendment of section 63 of Cap. 356

  1. Section 63 of the principal Act is amended in subsection (9) by deleting the words “section 85” and substituting the words “section 86”.

Amendment of section 65 of Cap. 356

  1. Section 65 of the principal Act is amended by deleting subsection (6) and substituting the following:
    “(6) Notwithstanding subsections (3) and (4), where less than 10 persons or such other number as the Chief Labour Officer may determine are employed, or the only persons employed are members of the same family, the Chief Labour Officer may permit the operation of a workplace with such modifications to the requirements of this section as he deems proper.”.
    SAFETY AND HEALTH AT WORK (AMENDMENT) ACT, 2022-11
  2. Section 79 of the principal Act is amended in subsection (4) by deleting the words “section 32” and substituting the words “section 33”.

Amendment of section 93 of Cap. 356

  1. Section 93 of the principal Act is amended by deleting subsection (2) and substituting the following:
    “(2) The occupier referred to in subsection (1) shall keep in the general register the following information:
    (a)
    a copy of all accident reports sent to the Chief Labour Officer;

(b)
a copy of the certificate of the Chief Fire Officer relating to means of escape in case of fire;

(c)
a certificate of examination of an air receiver;

(d)
a certificate of examination of a boiler;

(e)
a certificate of examination of hoists and lifts;

(f)
a certificate in respect of any other examination required under this Act;

(g)
a certificate of exemption in respect of a workplace or category of workplace;

(h)
any other report and particulars required by any other provision of this Act to be entered into or attached to the general register;

(i)
any reports regarding the safety and health conditions in the workplace; and

(j)
any other matter as may be prescribed.”.

  1. Section 108 of the principal Act is amended in subsection (1) by
    (a) inserting immediately after paragraph (g) the following new paragraphs:
    “(h) respecting the right to refuse to carry out tasks where there is imminent danger to the health and safety of an employee;
    (i)
    prescribing the forms to be used for the purposes of this Act;

(j)
prescribing the fees to be paid for services provided under this Act;”; and

(b) renumbering paragraph (h) as paragraph (k).

Amendment of section 109 of Cap. 356

  1. Section 109 of the principal Act is amended
    (a)
    in subsection (1) by inserting the words “or employer” immediately after the word “occupier”;

(b)
in subsection (3) by inserting the words “, employer” immediately after the word “occupier” wherever it appears; and

(c)
in subsection (4) by inserting the words “or employer” immediately after the word “occupier”.

Amendment of section 110 of Cap. 356

  1. Section 110 of the principal Act is amended by deleting the words “owner or occupier” wherever they appear and substituting the words “occupier, employer or owner”.
    SAFETY AND HEALTH AT WORK (AMENDMENT) ACT, 2022-11
  2. Section 111 of the principal Act is amended
    (a)
    in subsection (1) by inserting the words “, employer” immediately after the word “occupier”; and

(b)
by deleting subsection (2) and substituting the following:

“(2) Where an extension is allowed under subsection (1), the occupier, employer or owner is not liable in respect of any continuation of the contravention during the extended time, but if, after the expiration of the time as originally specified or as extended, the order is not complied with, the occupier, employer or owner, as the case maybe, is liable to a fine of $100 for each day on which the non-compliance continues after the date on which the conviction was first obtained.”.

Insertion of new section 136A into Cap. 356

  1. The principal Act is amended by inserting the following new section immediately after section 136:
    “Act binds State 136A. This Act shall bind the State.”.

DEBT CONVERSION (COUNTER-GUARANTEE) ACT, 2022-12
Arrangement of Sections

  1. Short title
  2. Interpretation
  3. Purpose
  4. Counter-guarantee agreement
  5. Redemption of debt
  6. Power to sign agreement
  7. Implementation of obligations

BARBADOS
I assent
S. MASON President of Barbados 18th July, 2022.

2022-12
An Act to authorize the Government of Barbados to enter into a counter-guarantee agreement with any body in respect of debt to be issued by the Government of Barbados, the proceeds of which will be used for debt conversion transactions for the purpose of supporting environmental, economic or social development in Barbados and for related matters.
[Commencement: 21st July, 2022] ENACTED by the Parliament of Barbados as follows:
DEBT CONVERSION (COUNTER-GUARANTEE) ACT, 2022-12

  1. This Act may be cited as the Debt Conversion (Counter-Guarantee) Act, 2022.

Interpretation

  1. In this Act, “body” means any international lending agency, bank, corporation or organization, whether corporate or unincorporate; “counter-guarantee agreement” means a counter-guarantee agreement concluded under section 4; “debt” means any security or loan issued by the Government for the purposes of
    this Act; “Minister” means the Minister responsible for Finance.

Purpose

  1. The purpose of this Act is to authorize the Government to enter into counter-guarantee agreements in respect of debt to be issued in order to facilitate the execution of programmes to provide for the environmental, economic and social development of Barbados.

Counter-guarantee agreement
4.(1) For the purposes of this Act, the Government may, in such manner, on such terms and subject to such conditions as may be agreed with any body, enter into a counter-guarantee agreement in respect of debt to be issued by the Government, the proceeds of which will be used for debt conversion transactions to support environmental, economic and social development in Barbados.
(2) The amount of any debt in respect of which the Government enters into a counter-guarantee agreement shall be, and is hereby appropriated to the purposes specified in the counter-guarantee agreement.
(3) A copy of every counter-guarantee agreement shall be laid before Parliament within 30 days of the conclusion of that agreement or, if Parliament does not sit within that time, within 30 days after the commencement of its next sitting.

Redemption of debt

  1. All amounts required for the redemption of the debt to which a counter-guarantee agreement applies are hereby charged upon and shall be payable out of the Consolidated Fund.

Power to sign agreement

  1. The Minister or such person as the Minister designates in writing for the purpose may sign any counter-guarantee agreement referred to in section 4.

Implementation of obligations

  1. Notwithstanding any law in force in Barbados, a counter-guarantee agreement entered into by the Government shall be valid and enforceable and shall have full force and effect in accordance with its terms.
    Printed and Published by the Barbados Government Printing Department