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Notification of a Major Construction Activity

The Occupational Safety and Health Act No. 1 of 2004, as amended (the Act) requires that approval of the Chief Inspector be obtained before undertaking any major construction activity. This requirement is stated in Section 59 of the Act:

Section 59.

  1. No person shall undertake, without the prior approval of the Chief Inspector —
    1. the construction of any new factory or warehouse;
    2. the reconstruction of any existing factory or warehouse or the extensive installation of any new plant or machinery therein;
    3. or the alteration, modification or changes in the existing plant or machinery which is likely to change significantly the working environment in a factory or warehouse.

  2. A period of not more than thirty (30) days shall be allowed for the consideration of every application made under this section and where the Chief Inspector’s decision is not issued to the applicant during that period; Such application shall deemed approved for the purposes of this section.

  3. Every application under this section shall be made on the prescribed form and shall be accompanied by the prescribed documents.

In addition, the Act requires that the Chief Inspector be notified of any work of engineering construction. This is a requirement of Section 63 of the Act:

Section 63.

Any person undertaking any building operations or works of engineering construction shall, not later than seven days after the beginning thereof, serve on the Chief Inspector a written notice stating the name and postal address of the person so undertaking the operations or works, the place and nature of the operations or works, the name of the regional health authority within whose district the operations or works are situated and such other particulars as may be prescribed where —

  1. this section shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the Chief Inspector may direct; and

  2. where a person undertakes any building operations or works of engineering construction in a place where such operations or works are in progress, he shall not be required to give notice, if a notice was given in respect of the operations or works in progress.


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