Safety Legislation: The Factories Act & OHSA 2025 Practice Flashcards

This flashcard set covers the legal definitions, employer/employee duties, and procedural requirements under the Factories Act, CAP 441 and the Occupational Health & Safety Act No. 16 of 2025.

Factory

A place where manufacturing or processing work is done.

The Factories Act, CAP 441

Legislation aimed at imposing a duty on employers to provide a safe working environment and providing for the examination and inspection of certain plant and machinery.

Labour Commissioner

The authority with whom factories must be registered under part III of the Factories Act.

General Health Conditions (Factories Act)

Requirements provided in Part V covering cleanliness, overcrowding, ventilation, lighting, sanitary conveniences, and medical supervision.

Lifting Machinery Provisions

Regulations under Part VII of the Factories Act covering hoists, lifts, teagle openings, chains, ropes, lifting tackle, and cranes.

Welfare of Employees (Factories Act)

Provisions under Part IX including drinking water, washing facilities, accommodation for clothing, change rooms, sitting facilities, and first-aid.

Employee (OHSA 2025)

A term carrying the meaning assigned to it in the Employment Code Act.

Exit medical examination

A health assessment carried out on an employee on the termination of a contract of employment or retirement to assess hazards which might cause future health impairment.

Health and safety committee

A body established under section 9 of the OHSA 2025 by an employer of ten or more persons.

Health and safety representative

A person elected from among employee representatives on a health and safety committee to coordinate safety activities at the workplace.

Institute

The Occupational Health and Safety Institute continued under section 4 of the Occupational Health & Safety Act No. 16 of 2025.

In-employment medical examination

A health assessment carried out on an employee at periodic intervals (yearly or earlier) during employment, depending on the degree of risk to health.

Occupational disease

A disease contracted by an employee as a result of that employee’s employment.

Occupational injury

An injury suffered by an employee as a result of that employee’s employment.

Risk assessment

A systematic process used to identify, quantify, evaluate, and prioritise potential risks in relation to occupational hygiene.

Imminent harm

Includes failure to comply with standards, engaging unlicensed persons, continuous emission of poisonous substances, or continuous accidents and dangerous occurrences.

Post-employment medical examination

A health assessment carried out on a retired employee who worked in a hazardous workplace, performed one year after leaving employment.

Pre-placement medical examination

A health assessment carried out on a prospective employee before they are employed or assigned to a specific task involving health risks.

Workplace

Any premises or place where a person performs work.

Section 9 OHSA 2025 Establishment Rules

An employer of ten or more persons must establish a health and safety committee immediately after starting business or within thirty days of employing ten employees.

Health and Safety Committee Composition (S10)

Consists of an equal number of members (at least two on each side) representing the employer and the employees.

Section 13 OHSA 2025

Provides factors for determining 'reasonably practicable' measures, including likelihood of risk, degree of harm, knowledge of the hazard, availability of solutions, and cost.

Medical Examination Certificate Statuses

Possible results include fit for work, fit for work with restrictions, fit for work on condition, temporary unfit for work, or permanently unfit for work.

Section 14 Employer Duty

Requires employers to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to employee health.

Section 16 Employee Duty

Requires employees to take reasonable care of their own health and safety and that of others, and not operate unsafe machinery.

Section 22 OHSA 2025

Prohibits dismissal or victimisation of employees for making safety complaints, being part of a health and safety committee, or assisting an authorised officer.