ACT, No. 38 OF 2009

38of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
NATIONAL INSTITUTE OF OCCUPATIONAL
SAFETY AND HEALTH ACT, No. 38 OF 2009
[Certified on 23rd July, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of July 24, 2009
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 10.00 Postage : Rs. 5.00

National Institute of Occupational 1
Safety and Health Act, No. 38 of 2009
[Certified on 23rd July, 2009]
L.D.—O. 24/2007
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL
INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH FOR THE
FORMULATION OF A POLICY ON OCCUPATIONAL SAFETY AND HEALTH
STANDARDS; TOCREATE AN ENVIRONMENT FOR OCCUPATIONAL SAFETY
AND HEALTH AT ALL WORKPLACES TOPROTECT BOTH THE EMPLOYERS
AND EMPLOYEES; AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the National Institute of Short title.
Occupational Safety and Health Act, No. 38 of 2009 and
shall come into operation on such date as the Minister may
appoint by Order published in the Gazette (hereinafter
referred to as the “appointed date”).
PART I
ESTABLISHMENT OF THENATIONAL INSTITUTE OF OCCUPATIONAL
SAFETY AND HEALTH
2. (1) There shall be established an Institute which shall Establishment of
be called the National Institute of Occupational Safety and the National
Institute of
Health (hereinafter referred to as the “Institute”).
Occupational
Safety and
(2) The Institute shall by the name assigned to it by
Health.
subsection (1) be a body corporate and shall have perpetual
succession and a common seal and may sue and be sued in
such name.
3. (1) The general objects of the Institute shall be— General objects
of the Institute.
(a) to advise the Government in the formulation of a
national policy on occupational safety and health
and on the working environment both for employers
and employees taking into consideration the nature
of the occupation and the safety of the employers
and employees;
2—PL 003679— 4,250 (2/2009)
2 National Institute of Occupational
Safety and Health Act, No. 38 of 2009
(b) to advise the Government on measures required for
the prevention of accidents and injuries relating, to
occupation at work places;
(c) to conduct, undertake and assist in investigations,
study programmes, surveys and research in the field
of occupational safety and health;
(d) to provide advisory services to any institution or
person on the correct use of equipment, hazardous
substances, physical, chemical or biological agents
or products or any other hazards;
(e) to educate and provide necessary training to
employees, occupiers, workers or any other person
required of knowledge and training in occupational
safety and health and related subjects either in
collaboration with any other institution or
university in Sri Lanka or abroad, or by the Institute
and award certificates or diplomas on completion
of such education or training;
(f) to provide required services on the correct use of
equipment, hazardous substances, physical,
chemical, biological agents or products and
psychosocial hazards and avoidance of known
hazards;
(g) (i) to advise the Minister on legislative
requirements with regard to standards, codes,
practices and guidelines in matters relating to
occupational safety and health;
(ii) to evaluate and determine the work process,
the substances and agents, the exposure to
which is be prohibited, limited or made subject
to supervision ;
(h) to undertake or collaborate in the collection,
preparation, dissemination and publishing of
information relating to occupational safety and
health;
National Institute of Occupational 3
Safety and Health Act, No. 38 of 2009
(i) to organize or to sponsor conferences, seminars,
workshops, symposiums or such other similar
programmes and publish papers in connection with
occupational safety and health;
(j) to co-ordinate inter-ministerial projects,
programmes and activities on occupational safety
and health;
(k) to establish and maintain libraries and laboratories
for the purpose of promoting and furthering of the
practice of occupational safety and health;
(l) to develop research and special laboratories;
(m) to liaise and establish links and networks with
relevant National and International Institutions,
Universities or any other organizations in the field
of occupational safety and health; and
(n) to establish national standards in the field of
occupational safety and health.
(2) The Institute shall advise the Minister in addition to
advise relating to the matter specified in paragraph (g) of
subsection (1), on all or any of the matters specified in
subsection (1), and on any other matter that may be referred
to the Institution, from time to time, by the Minister.
4. (1) The Institute shall have the power to do all such Powers of the
acts as may be necessary for the discharge of any or all of its Institute.
functions specified in section 3 of this Act.
(2) The Institute without prejudice to the generality of
the powers conferred on it by subsection (1), may—
(a) assess and evaluate, from time to time, the standards
to be maintained in workplaces or working
environments and advise the Minister on the
legislative requirements relating to such standards,
and to provide advisory services to occupiers,
4 National Institute of Occupational
Safety and Health Act, No. 38 of 2009
workers or any other persons, when requested to do
so, on all matters relating to occupational safety
and health and working environment;
(b) levy and charge a fee for services rendered or
facilities or equipments provided by the Institute
to any other institution, organization or any other
person;
(c) acquire, hold, take or give on lease or hire,
mortgage, pledge, sell or otherwise dispose of any
movable or immovable property for the purpose of
discharging the functions of the Institute; and
(d) to enter into and execute, by the Institute or any
other officer or agent authorized in that behalf by
the Institute, all such contracts or agreements as
may be necessary for the discharge of the functions
of the Institute.
PART II
THEGOVERNING COUNCIL OF THE INSTITUTE
Constitution of 5. (1) The Institute shall have a Governing Council
the Governing (hereinafter referred to as the “Council”) in which the powers
Council.
and duties of the Institute shall subject to the provisions of
this Act, be vested in.
(2) The Council shall consist of—
(a) seven members appointed by the Minister
(hereinafter referred to as the “appointed
members”)—
(i) two of whom shall be representatives of
employer’s organizations;
(ii) two of whom are representing the workers’
organization;
(iii) three persons distinguished in the fields of
occupational safety and health and who shall
be members of any Institution established
National Institute of Occupational 5
Safety and Health Act, No. 38 of 2009
under the provisions of an Act, the functions
of which include safety or health.
(b) the following ex-officio members:—
(i) the person for the time being holding office
as the Secretary to the Minister of the
Ministry in charge of the subject of Labour,
who shall be the Chairman of the Council;
(ii) the person for the time being holding office
as the Commissioner-General of Labur, who
shall be the Vice Chairman of the Council;
(iii) the person for the time being holding office
as the Commissioner of Labour (Industrial
Safety);
(iv) the person for the time being holding office
as the Commissioner of Labour
(Occupational Hygiene);
(v) one member, being an officer not below the
rank of a Senior Assistant Secretary
nominated by the Minister in charge of the
subject of Finance;
(vi) one member, being an officer not below the
rank of a Senior Assistant Secretary
nominated by the Minister in charge of the
subject of Health;
(vii) one member, being an officer not below the
rank of a Senior Assistant Secretary
nominated by the Minister in charge of the
subject of Industries;
(viii) one member, being an officer not below the
rank of a Senior Assistant Secretary
nominated by the Minister in charge of the
subject of Agriculture; and
6 National Institute of Occupational
Safety and Health Act, No. 38 of 2009
(ix) the person for the time being holding office
as the Director-General of the Institute.
Secretary to the 6. There shall be a Secretary to the Council who shall
Council. keep and maintain records of the Council. The Council shall
appoint a Director of the Institute as the Secretary.
The term of 7. (1) Every appointed member of the Council shall,
office of the unless he vacates office earlier by death, resignation or
members of the
removal, hold office for a term of three years from the date of
Council.
his appointment and unless he has been removed from office
shall be eligible for reappointment.
(2) Any appointed member may, at any time resign from
office by a letter addressed to that effect to the Minister.
Such resignation shall take effect upon it being accepted by
the Minister, in writing.
(3) Where an appointed member is temporarily unable to
discharge the functions of his office by reason of ill health,
absence from Sri Lanka or any other reason, the Minister
may appoint another person to act in his place.
(4) The Minister, in consultation with the relevant
Minister in charge of the subject, when required, may, if he
thinks it expedient to do so, remove from office, any
appointed member for reasons assigned therefor, and
thereupon such member shall deemed to have vacated his
office.
(5) In the event of vacation of office, resignation or
removal of any member, the Minister may appoint a suitable
person to act in his place. Any member so appointed shall
hold office for the unexpired period of the term of office of
the member whom he succeeds.
Disqualification 8. A person shall be disqualified from being appointed
for membership or continuing as an appointed member of the Council—
of Council.
(1) if he is or becomes a Member of Parliament,
Provincial Council or any local authority; or
National Institute of Occupational 7
Safety and Health Act, No. 38 of 2009
(2) if he is under any law in force in Sri Lanka or in any
other country, found or declared to be of unsound
mind; or
(3) is a person who, having being declared an insolvent,
or a bankrupt under any law in force in Sri Lanka or
in another country, is an undischarged insolvent or
bankrupt; or
(4) if he is serving or has served a sentence of
imprisonment imposed by any court of law in Sri
Lanka or in any other country.
9. (1) The Chairman of the Council shall summon a Meetings.
meeting of the Council at least once in every three months.
(2) The Chairman shall summon a special meeting of the
Council within fourteen days after being requested in writing
to do so by seven members of the Council and shall specify
in such notice the business to be dealt with at such meeting.
(3) The Chairman shall give at least seven days notice in
writing of every meeting of the Council to each of the
members and shall specify in such notice the business to be
dealt with at such meeting.
(4) The Chairman or in his absence the Vice-Chairman
shall preside at all meetings of the Council.
(5) The quorum at any meeting of the Council shall be
seven members.
(6) All questions for decision by the Council shall be
decided by a vote of majority of members present and voting.
In case of an equality of votes, the presiding officer shall
have a casting vote.
(7) The proceedings at every meeting of the Council shall
be recorded.
(8) Subject to the provisions herein, the Council may
make rules determining the procedure to be followed at
meetings of the Council.
8 National Institute of Occupational
Safety and Health Act, No. 38 of 2009
(9) No act, decision or proceedings of the Board shall be
deemed to be invalid by reason of the existence of any
vacancy in the Council or any defect in the appointment or
nomination of election of a member thereof.
Director-General 10. (1) There shall be appointed by the Council a person
of the Institute. to be the Director-General of the Institute (hereinafter
referred to as the “Director- General”) who possesses
sufficient knowledge and at least ten years experience in the
practice of occupational safety and health.
(2) The Director-General shall be a full time officer of the
Institute and shall subject to the direction of the Council, be
responsible for the implementation of the decisions of the
Council and shall discharge such other duties as may be
assigned to him.
(3) The Council may, for reasons assigned therefor,
remove from office the Director-General appointed under
subsection (1).
Directors of the 11. There shall be appointed by the Council such number
Institute. of persons to be Directors of the Institute, as shall be necessary
for the efficient administration of the Institute. The persons
so appointed shall possess seven years experience in a
position with similar function as such Director and possess
sufficient knowledge as is relevant to such position.
Appointment of 12. (1) The Institute may appoint to the staff of the
staff. Institute such officers and servants as it may deem necessary
for the efficient exercise, perform and discharge of its powers,
duties and functions under this Act.
(2) The Institute may subject to the other provisions of
this Act—
(a) exercise disciplinary control of officers and servants
of the Institute;
National Institute of Occupational 9
Safety and Health Act, No. 38 of 2009
(b) fix the wages, salaries or other remuneration of the
staff; and
(c) determine the terms and conditions of service of
the officers and servants of the Institute.
13. (1) At the request of the Council, any officer in the Appointment of
public service may with the consent of that officer and the Public officers
to the Institute.
Chairman of the public Service Commission, be temporarily
appointed to the staff of the Institute for such period as may
be determined by the Council or, with like consent, be
permanently appointed to such staff.
(2) Where any officer in public service is temporarily
appointed to the staff of the Institute, the provisions of
subsection (2) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall mutatis mutandis
apply to, and in relation to, such officer.
(3) Where any officer in public service is permanently
appointed to the staff of the Institute, the provisions of
subsection (3) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis
apply to, and in relation to such officer.
(4) Where the Institute employs an person who has
entered into a contract with Government by which he has
agreed to serve the Government for a specific period, any
period of service to the Institute by that person shall be
regarded as service to the Government for the purpose of
discharging the obligations of that person under such
contract.
(5) At the request of the Council, a member of the Local
Government Service or any officer of any Local Authority
may with the consent of that member, officer or employee be
temporarily appointed to the staff of the Institute for such
period as may be determined by the Institute, or with like
10 National Institute of Occupational
Safety and Health Act, No. 38 of 2009
consent be permanently appointed to such staff on such terms
and conditions including those relating to pension or
provident fund rights as may be agreed upon by the Institute
and the Local Government Service Advisory Board or the
Local Authority, as the case may be.
(6) Where a person is temporarily appointed to the staff
of the Institute under subsection (5) of this section, that
person shall be subject to the same disciplinary control as
any other member of the staff.
Delegation of 14. (1) The Director-General may with the approval of
powers. the Council, and whenever he considers it necessary to do
so, delegate in writing to any officer of the Institute any
power of function conferred or assigned to him under this
Act and such officer shall exercise and discharge any power
or function subject to the direction and control of the
Director-General.
(2) Notwithstanding any such delegation, the Institute
may continue to exercise or perform or discharge any such
power, duty or function.
Collection of 15. The Director-General may by notice in writing
Information. require any occupier or head of Institution in Government
or private sector to furnish to the Institute, within such time
as may be specified in that notice, all such information
relating to the functions of the Institution concerning
occupational safety and health within the purview of such
Institution to enable to exercise and discharge of his powers
and functions of the Institute under this Act.
PART III
FUND AND THE FINANCES OF THE INSTITUTE
Fund of the 16. (1) The Institute shall have its own fund (hereinafter
Institute. referred to as the “Fund”).
National Institute of Occupational 11
Safety and Health Act, No. 38 of 2009
(2) There shall be paid into the Fund—
(a) all sums of money as may be voted from time to
time by Parliament for the use of the Institute and
any funds provided to the Institute by the
Government by way of grant, loan or otherwise;
(b) the proceeds of any cess levied and collected
under this Act;
(c) all sums that may be received by the Institute by
way of fees and charges;
(d) all sums that may be received by the Institute as
income from any investments made by the
Institute;
(e) all sums that may be received by the Institute in
exercise, performance and discharge of its powers,
duties and functions; and
(f) all sums as may be received by the Institute by
way of loans, donations, gifts or grants from any
source whatsoever whether from Sri Lanka or
outside Sri Lanka.
(3) There shall be paid out of the Fund—
(a) the remuneration payable to the members of the
Governing Council as may be determined by the
Minister with the concurrence of the Minister in
charge of the subject of Finance;
(b) the salaries, allowances and such other fees or
payments payable to lecturers, consultants, experts,
officers, servants and employees of the Institute;
and
(c) all sums as are required to defray any expenditure
incurred by the Institute in the exercise, performance
and discharge of its powers, duties and functions
under this Act.
12 National Institute of Occupational
Safety and Health Act, No. 38 of 2009
Financial year 17. (1) The financial year of the Institute shall be the
and audit of calendar year.
accounts.
(2) The Institute shall cause to be prepared in respect
of each financial year a statement of receipts and payments,
a statement of income and expenditure, a statement of
assets and liabilities and a statement of investments showing
the face value, purchase price and market value of each
of the investments. A copy of each of the statements
prepared under this subsection shall be transmitted to the
Minister before the thirtieth day of September of the
succeeding year.
(3) The provisions of Article 154 of the Constitution
relating to the audit of the accounts of public corporations
shall apply to and in relation to the audit of accounts of the
Institute.
Report to be 18. The Institute shall prepare an annual report of the
tabled in work of the Institute and forward such report before the lapse
Parliament.
of the year succeeding the year to which such report relates,
to the Minister who shall table such report in Parliament.
PART IV
GENERAL
Rules of the 19. The Institute may make rules in respect of the
Institute. administration of the affairs of the Institute and in relation
to its officers and servants, including their appointments,
promotions, remuneration, disciplinary control and of grant
of leave to them. Every such rule shall be published in the
Gazette.
Power to make 20. (1) The Minister may make regulations in respect of
regulations. matters which are required to be prescribed or in respect of
which regulations are authorized to be made or where it is
necessary for giving effect to the principles of this Act.
National Institute of Occupational 13
Safety and Health Act, No. 38 of 2009
(2) Every regulation made under subsection (1), shall be
published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified in the regulation.
(3) Every regulation shall, as soon as practicable, after its
publication in the Gazette, be brought before Parliament
for approval. Any regulation which is not so approved shall
be deemed to be rescinded from the date of its disapproval
but without prejudice to anything previously done
thereunder.
(4) The Notification of the date on which any regulation
is so rescinded shall be published in the Gazette.
21. The seal of the Institute shall be in the custody of Seal of the
such person as the Council may decide from time to time Institute.
and may be altered in such manner as may be determined by
the Council. It shall not be affixed to any instrument or
document except in the presence of two members of the
Institute both of whom shall sign the instrument or document
in token of their presence. The Council shall maintain a
register of all documents to which the seal of the Institute is
affixed.
22. It shall be lawful for the Director-General or an Power of entry
and inspection.
officer or agent authorized in that behalf by the
Director-General to enter any work place at all reasonable
hours and to do all such acts as may be required to perform
all or any of the functions and duties of the Institute. Every
officer or agent so authorized shall be issued with such a
certificate of appointment, or authorization as may be
prescribed, and, when visiting any workplace or premises in
order to perform any function or act under this Act, shall if so
required produce such certificate or authority to the occupier
or to the person holding responsibility of the workplace or
premises.
14 National Institute of Occupational
Safety and Health Act, No. 38 of 2009
Acquisition of 23. Where any immovable property is required to be
immovable acquired for any specific purpose of the Institute and the
property under
Minister by order published in the Gazette approves of the
the Land
Acquisition Act. proposed acquisition for that purpose, that property shall be
deemed to be required for a public purpose and may
accordingly be acquired under the Land Acquisition Act
(Chapter 420).
Expenses to be 24. (1) Any expenses incurred by the Institute in any
paid out of Fund
suit or prosecution brought against the Institute, shall be
of the Institute.
paid out of the Fund of the Institute and any costs paid to or
recovered by the Institute in any such suit or prosecution,
shall be credited to the Fund of the Institute.
(2) Any expenses incurred by any member of the Council
or any officer or servant of the Institute in any suit or
prosecution brought against him before any Court in respect
of any act which is done or purported to be done by such
person under this Act or on the direction of the Council
shall, if the Court holds that such act was done in good faith,
be paid out of the Fund of the Institute, unless such expenses
are recovered by him in such suit or prosecution.
Sinhala text to 25. In the event of any inconsistency between the
prevail in case
Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.
Interpretation. 26. For the purposes of this Act unless the context
otherwise requires the “occupier” means any person who
manages or administers the affairs of the government or any
private establishment, institution, public corporation or
statutory body, factory or any industry and includes any
Authority to whom the function of management or
administration is delegated.

National Institute of Occupational 15
Safety and Health Act, No. 38 of 2009
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