74 No.

5 The Occupational He alth and S afe ty 2003

(3) The Minister may grant exemption -
(a) to an organization of employers or an organization of users in
a ccorda nce with the re quire me nts of e ithe r pa ra gra ph (a ) or
Paragraph (b) of subsection (2).
(b) from any health and safety standard incorporate&in the regu-
la tions ma de unde r this Act, in a ny ma nne r which he ma y
deem expedient.

(4) A certificate of exemption made under sub-section (2)(a) and a

notice ma de unde r subse ction (2)(b) ma y a t a ny time be a me nde d or
withdrawn by the Minister.

Delega- 105.- (1) The Minis te r ma y de le ga te a ny powe r confe rre d upon

tion of him unde r this Act to a n office r e xce pt the powe r to ma ke Re gula tions,
powers
and Rule s, Orde r a nd Notice s unde r this Act.
assign-
ment of (2) A de le ga tion ma de unde r subse ction (1) sha ll not pre ve nt the
func-
e xe rcise of the re le va nt powe r by the Ministe r himse lf.
tions
(3) The Minis te r My a uthorize a ny loca l a uthority to P e rform a ny
function re fe rre d to in this Act.

(4) An authorization made under subsection (3) shall not prevent the
pe rforma nce of the re le va nt function by the Minis te r, Chie f Ins pe ctor
or an Inspector, as the case may be.

Ge ne ra l 106.-(I) It s ha ll be the duty of e ve ry pe rs on who de s igns , ma nufa c-

dutie s of
ma nufa c- tures, imports Or Supplies any article for use in a factory or work-
ture rs pla ce -
(a) to ensure, that the article is so designed and constructed as to be
safe and without risks to health when Properly used;
(b) to ca rry out or a rra nge for the ca rrying out of s uch te s ting a nd
examination as may be necessary for the performance of the duty
imposed on him by Paragraph (a);
(c) to take such steps to ensure that there will be available in connec-
tion with the use of the article at work adequate information about
the use for which it is designed and has been tested, and about any
No. 5 The Occupational He alth and S afe ty 2003 75
conditions ne ce s s a ry to e ns ure tha t, whe n put to tha t us e , it will be
safe and without risks to health.

(d) to ta ke such ste ps a s re a sona bly pra ctica ble to e nsure tha t the re
will be a va ila ble in conne ction with the us e of the s ubs ta nce a t
work, adequate information about the results of any relevant tests
which ha ve be e n ca rrie d out on or in conne ction with the s ub-
stance and about any conditions necessary to ensure that it will be
sa fe a nd without risks to he a lth whe n prope rly use d.

(2) It shall be the duty of any person who undertakes the design or
manufacture of any article for use in a factory or workplace to carry out
or arrange for the carrying out of any necessary research with a view to
the discovery and, so far as is reasonably practicable, the elimination or
minimization of any risks to health or safety which the design or article
may afford.

(3) It s ha ll be the duty of a ny pe rs on who e re cts or ins ta lls a ny

article for use at work in any premises where that article is to be used by
pe rs ons in a fa ctory or workpla ce to e ns ure tha t nothing is a bout the
way in which it is erected or installed makes it unsafe or a risk to health
when properly used.

(4) Nothing in subsections (1), (2),(3) of this section shall be taken

to re quire a pe rs on to re pe a t a ny te s ting, ins pe ction or re s e a rch which
has been carried out otherwise than by him or at his instance, in so far as
it is re a s ona ble for him to re ly on the re s ults the re of for purpos e s of
those provisions.

(5) For the purposes of this section, an article or substance is not to

be re ga rde d a s prope rly us e d whe n it is us e d without re ga rd to a ny
re le va nt informa tion or a dvice re la ting to its use which ha s be e n ma de
available by a person by whom it was designed, manufactured, imported
or supplied.