Occupational Safety and Health Act

Health, Safety and Welfare Regulations 1980

[GN 358 of 1980 – 27 December 1980] [Section 100]

1. These regulations may be cited as the Health, Safety and Welfare Regulations1980.

2. 

[Reg. 2 revoked by s. 82(h) of Act 34 of 1988 w.e.f.1 May 1989.]

PARTS I – XII

[Parts I – XII revoked by s. 82(h) of Act 34 of 1988 w.e.f. 1 May 1989.]

PART XIII

[Part XIII revoked by reg. 10 of GN 47 of 2009 w.e.f. 1 June 2009.]

PARTS XIV – XVII

[Parts XIV – XVII revoked by s. 82(h) of Act 34 of 1988 w.e.f. 1 May 1989.]

PART XVIII – FOUNDRIES

74. In this Part –

"dressing and fettling operations" –

(a) includes fettling, stripping and other removal of inherent sand, coves, runners, risers, flash, and other surplus metal from a casting and the production of a reasonably clean and smooth surface; but

(b) does not include –

 (i) the removal of metal from a casting when performed incidentally in connection with the machining or assembling of castings after they have been dressed; or

 (ii) any operation which is a knock-out operation;

"foundry" means any premises or undertaking in which the production of castings from metal or any process incidental to such production is carried on;

"knock-out operation" means all methods of removing castings from moulds and any stripping, coring out or the removal of runners and risers done in the course of such operations.

75. (1) The floor of an indoor workplace in which a foundry process is carried on, other than those parts of the floor which are of sand, shall have an even surface of hard material.

(2) No part of the floor of any indoor workplace where a foundry process is carried on shall be of sand except where this is necessary by reason of the work done.

76. (1) Every employer shall provide and properly maintain for the protection of all persons employed on manual operations involving molten metal with which they are liable to be splashed a working space for that operation which is adequate for the safe performance of the work and is free from any obstruction.

(2) No employer shall, without the written authorisation of the Permanent Secretary, require a worker to carry by hand any container holding molten metal on a floor unless the floor is even and on the same level.

77. In a non-ferrous foundry dress and skimmings removed from molten metal or taken from a furnace shall be placed forthwith in suitable receptacles.

78. (1) All raw materials and all kies, pattens, patten plates, core boxes, core plates, grids, moulding boxes, loan plates and ladles, and all other heavy equipment, shall be so arranged and placed as to enable work to be carried on without unnecessary risk.

(2) Suitable and conveniently accessible racks, bins or other receptacles shall be provided and used for the storage of all gear and tools.

79. (1) Whenever a person is required to carry molten metal for pouring into moulds, his safety shall be ensured by providing sufficient and clearly defined pouring aisles.

(2) All aisles provided under paragraph (1), including every workroom where molten metal is being handled or carried, shall be properly maintained and be kept free from obstruction.

80. (1) All knock-out or dressing operations shall be carried on in a separate room in a separate part of the foundry suitably partitioned off or in a separate area of the foundry unless the dust or fumes emitted by the operations can be effectively eliminated, suppressed or controlled.

(2) The knocking out or dressing of dry sand castings shall not be carried out in the same room at the same time as any moulding process.

81. All ventilating plants used for the purpose of extracting, suppressing or controlling dust or fumes shall be properly maintained.

PART XIX – REGULATION FOR BUILDING AND EXCAVATION WORK

82. In this Part –

"builder" means a person who employs anyone on building work;

"building work" means any work in connection with –

(a) the erection, maintenance, alteration, renovation, repair, demolition or dismantling of a building or any other structure;

(b) the installation, erection or dismantling of machinery;

"competent person" means a person who has had at least 10 years' practical experience in a supervisory position in the building industry;

"excavation work" includes loosening, taking out and removing stone, soil and other material in connection with the making, repairing, reopening or closing of any trench, tunnel or similar excavations;

"excavator" means a person who employs anyone on excavation work;

"scaffold" means any structure or framework used for the support of persons, equipment and material in elevated positions in connection with building or excavation work.

83. All building and excavation work shall be subject to the supervision of inspectors designated by the Permanent Secretary to exercise such supervision.

84. The Permanent Secretary may by order in writing addressed to a builder or an excavator prohibit him from proceeding with any building or excavation work specified in the order until he is satisfied that the regulations relating to the carrying out of such building or excavation work have been or are being complied with.

85. (1) Every builder shall cause every building or excavation work undertaken by him to be performed under the general supervision of a competent person.

(2) Every person appointed under paragraph (1) shall –

 (a) exercise supervision over the building or excavation work for which he is responsible;

 (b) ensure that –

  (i) the provisions of these regulations are complied with;

  (ii) every plant or machinery is maintained in good condition and properly used;

  (iii) the work is carried out in a safe manner and in accordance with approved designs and specifications.

86. The Minister may, having regard to the nature and amount of the machinery used in connection with any building or excavation work, require the builder to appoint a registered professional engineer to be in general charge of such machinery.

87. (1) The builder shall cause –

 (a) all stairways, passageways, gangways, basements and other places to be adequately lighted and kept free from any obstruction;

 (b) all openings in floors, hatchways and stairways and any open sides of floors or building through or from which persons are liable to fall, to be adequately boarded over or to be fenced or enclosed;

 (c) a suitable catch platform or net to be erected above any entrance or passageway or above any place where persons regularly work or pass;

 (d) any danger area to be adequately fenced off if work is being performed above such places.

(2) No builder shall require or permit any person to, and no person shall dispose of any debris or material from an elevated position except by hoist or chute unless effective arrangements have been made to secure the safety of such person.

88. No builder shall require or permit any person employed on building work to perform any work in an elevated position unless such work can be performed safely from a ladder or a scaffold or from a position which is as safe as on a scaffold.

89. 

[Reg. 89 revoked by GN 64 of 2011 w.e.f. 28 April 2011.]

90. 

[Reg. 90 revoked by GN 64 of 2011 w.e.f. 28 April 2011.]

91. (1) No builder shall require or permit a ramp to be installed or used unless the slope does not exceed 30 degrees.

(2) The builder shall cause every ramp –

 (a) the slope of which renders additional foothold necessary to be provided with proper stopping laths which shall be placed at suitable intervals and extend the full width of the ramp, except that they may be interrupted over a width of not more than 25 centimetres to facilitate the movement of barrows;

 (b) which is more than 3 metres high to be provided with handrails on both sides.

92. 

[Reg. 92 revoked by GN 64 of 2011 w.e.f. 28 April 2011.]

93. (1) No builder shall require or permit demolition work, excavation work or work incidental thereto to be carried out unless such work is done by or under the constant supervision of a competent person.

(2) The competent person shall ensure that –

 (a) all electric and water supply lines have been effectively disconnected from the source of supply before demolition work is commenced;

 (b) no floor, roof or other part of the structure is so overloaded with debris or materials as to render it unsafe;

 (c) all practicable precautions are taken to avoid danger from collapse of the structure when any part of a framed or partly framed building is demolished or when reinforced concrete is cut;

 (d) precautions are taken by adequate shoring or by such other means as may be necessary to prevent the accidental collapse of of any part of the structure or adjoining structure.

94. (1) The builder or excavator shall cause every excavation which is accessible to the public or which is adjacent to public roads or thoroughfares or whereby the safety of persons may be endangered to be –

 (a) adequately protected by a barrier or fence at least one metre high and as close to the excavation as practicable or to be adequately covered at night if it is shallow;

 (b) provided with red warning lights at night.

(2) The builder or excavator shall cause convenient and safe means of access to be provided to every excavation in which persons are required to work and which is more than 1.5 metres deep.

95. The builder or excavator shall provide to his workers free of charge and maintain in good condition adequate protective clothing, appliances and material, including, where necessary, safety belts, safety helmets, goggles, face masks, gloves and footwear.

96. (1) No person, other than a person authorised by the builder or a person entitled thereto shall enter any premises where building work is performed.

(2) A notice to this effect shall be posted up by the builder in a prominent place on or at the designated entrances to such premises.

97. (1) No person shall consume or offer to any other person or have in his possession intoxicating liquor whilst performing building work.

(2) No person under the influence of liquor shall enter or remain or shall be permitted by the builder to enter or remain on premises where building
work is performed.

98. (1) For the purpose of providing practical guidance with respect to the requirements of any provision of this Part, the Minister may prescribe such standards or codes of practices as he considers appropriate.

(2) Any person who fails to comply with any standard or code of practice prescribed under paragraph (1) shall commit an offence unless he proves to the satisfaction of the Court that he has used an equivalent standard or code of practice.

PART XX

[Part XX revoked by s. 82(h) of Act 34 of 1988 w.e.f.1 May 1989.]

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FIRST SCHEDULE

[EDITORIAL NOTE – Regulation 2, which governed this Schedule, has been revoked by section 82(h) of Act 34 of 1988. The First Schedule therefore has no force of law, and the editor has decided to remove the content of the First Schedule as it was prior to the revocation of regulation 2.]

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SECOND SCHEDULE

[EDITORIAL NOTE – Regulation 20(8), which governed this Schedule, has been revoked by section 82(h) of Act 34 of 1988. The Second Schedule therefore has no force of law, and the editor has decided to remove the content of the Second Schedule as it was prior to the revocation of regulation 20(8).]

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THIRD SCHEDULE

[EDITORIAL NOTE – Regulation 21(5), which governed this Schedule, has been revoked by section 82(h) of Act 34 of 1988. The Third Schedule therefore has no force of law, and the editor has decided to remove the content of the Third Schedule as it was prior to the revocation of regulation 21(5).]

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FOURTH SCHEDULE

[EDITORIAL NOTE – Regulation 32, which governed this Schedule, has been revoked by section 82(h) of Act 34 of 1988. The Fourth Schedule therefore has no force of law, and the editor has decided to remove the content of the Fourth Schedule as it was prior to the revocation of regulation 32.]

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FIFTH SCHEDULE

[EDITORIAL NOTE – Regulation 55, which governed this Schedule, has been revoked by section 82(h) of Act 34 of 1988. The Fifth Schedule therefore has no force of law, and the editor has decided to remove the content of the Fifth Schedule as it was prior to the revocation of regulation 55.]

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Occupational Safety and Health (Electricity at Work) Regulations 2009

[GN 47 of 2009 – 1 June 2009] [Section 100(1)]

1. These regulations may be cited as the Occupational Safety and Health
(Electricity at Work) Regulations 2009.

2. ln these regulations –

"circuit conductor" –

(a)  means a conductor in a system which is intended to carry electric current or to be energised in normal conditions; and

(b)  includes a combined neutral and earth conductor; but

(c) does not include a conductor provided solely to perform a protective function by connection to earth or some other reference point;

"conductor" means a conductor of electrical energy;

"electrical equipment" includes anything used, intended to be used or installed for use and to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy;

"injury" means death or personal injury, from electric shock, electric burn, electrical explosion or arcing or from fire or explosion initiated by electrical energy, which is associated with the generation, provision, transmission, transformation rectification, conversion, conduction, distribution, control, storage, measurement or use of electrical energy;

"isolate" means securely disconnect and separate electrical equipment from every source of electrical energy;

"residual current device" means a mechanical switching device or association of devices intended to cause the opening of the contacts when the residual current attains a given value under specified conditions;

"system" –

(a)  means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy; and

(b) includes such source and equipment.

3. (1) No employer shall operate a system –

 (a) unless the system is constructed, installed and protected in such a manner so as to prevent risk of injury at all times;

 (b) comprising conductors likely to cause injury unless –

  (i) the conductors are suitably covered with insulating material or otherwise adequately protected; or

  (ii) necessary precautions have been taken to prevent injury;

 (c) unless every terminal, plug, socket-outlet, connection or other joint in the system is mechanically and electrically suitable for the purpose for which it is used;

 (d) unless efficient means are suitably located so as to protect every part of the system from excess current.

(2) Every employer who operates a system under paragraph (1)(a), shall –

 (a) maintain the system so as to prevent any risk of injury; and

 (b) use, or work on or near, the system in a manner as to which is not likely to cause injury.

(3) Where a conductor, other than a circuit conductor, is likely to become charged as a result of the use of a system, or a fault in a system, an employer shall prevent any risk of injury by earthing or other suitable means.

(4) For the purpose of paragraph (3), a conductor shall be regarded as earthed when it is connected to the general mass of earth by conductors of sufficient strength and current-carrying capability as to discharge electrical energy to earth.

(5) Where more than one voltage system is used, an employer shall ensure that –

 (a) plugs and socket-outlets in one voltage system are not dimensionally compatible with other voltage systems; and

 (b) the conductors and connections of each voltage system are kept well apart and identified so as to be readily distinguishable.

4. (1) Every employer shall provide protective equipment to his employees working on or near electrical equipment.

(2) The protective equipment referred to in paragraph (1) shall be –

 (a) suitable for the use for which it is provided; and

 (b) maintained in a condition suitable for that use.

(3) No employer shall use, or allow the use of, electrical equipment –

 (a) in excess of its strength and capability to such an extent as is likely to cause injury;

 (b) that is of such construction, or is not adequately protected, as to prevent any risk of injury arising from likelihood of exposure to –

  (i) mechanical damage;

  (ii) the effects of wet, dirt, dust or corrosive conditions;

  (iii) the effects of the weather, natural hazards, temperature or pressure; or

  (iv) any flammable or explosive substance, including dust, vapour or gas;

 (c) which is itself a source of electrical energy, unless he takes reasonable precautions to prevent any risk of injury to any person.

(4) Every employer shall provide suitable means, including methods of identifying circuits, so as to –

 (a) cut-off the supply of electrical energy to any electrical equipment; or

 (b) isolate any electrical equipment.

(5) Where any electrical equipment has been made dead to prevent any risk of injury while work is carried out on or near the equipment, the employer shall take adequate precautions to prevent that equipment from becoming electrically charged during the work so as to cause a risk of injury.

(6) Where any portable equipment is used, the employer shall make provision so that the equipment may be supplied from an adjacent and conveniently accessible socket-outlet.

5. (1) Every employer shall ensure –

 (a) the safety of his employees from any risk of electric shock by taking appropriate protective measures;

 (b) that all residual current devices installed are tested, as recommended by the manufacturer, and a report of the result of the test signed by the person carrying out the test, is recorded in a register kept by the employer.

(2) Where the protective measures include residual current devices, the residual current devices shall have –

 (a) a rated residual operating current of 30 milliamperes or less; and

 (b) an operating time of 40 milliseconds or less at 150 milliamperes.

(3) Where a circuit conductor is connected to earth, or to any other reference point, the employer shall avoid risk of injury by preventing the introduction of anything likely to break the electrical continuity, or to introduce high impedance in that conductor.

6. (1) Every employer shall provide adequate working space, means of access and lighting where work is being done on or near electrical equipment in circumstances which are likely to cause risk of injury.

(2) No employer shall assign work –

 (a) associated with electrical work requiring technical knowledge or experience, unless the employee possesses such knowledge or experience, or is under such supervision as may be appropriate to the nature of the work;

 (b) to an employee on or near a live uninsulated conductor which is likely to cause risk of injury unless –

  (i) it is unreasonable in all the circumstances for it to be dead;

  (ii) it is reasonable in all the circumstances, for him to be at work on or near it while it is live;

  (iii) reasonable precautions, including where necessary the provision of suitable protective equipment, are taken to prevent the risk of injury.

7. Every electrical motor shall be controlled by one or more efficient switches which can be easily used for starting and stopping the motor or any machine driven by the motor.

8. Every employer shall ensure that the general arrangement of switchboards shall be such that –

(a) all parts which may have to be adjusted or handled are readily accessible;

(b) the course of every conductor may be readily traced;

(c) conductors not arranged for connection to the same system are kept well apart and readily distinguishable;

(d) all bare conductors are so placed or protected as to prevent any risk of injury.

9. Every sub-station shall be –

(a) so constructed and arranged that no person other than a person authorised by the employer can have access thereto;

(b) provided with efficient means of ventilations; and

(c) kept dry.

10. - 11.  

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Occupational Safety and Health (Employees'
Lodging Accommodation) Regulations 2011

[GN 27 of 2011 – 28 January 2011] [Section 100(5)]

1. These regulations may be cited as the Occupational Safety and Health (Employees' Lodging Accommodation) Regulations 2011.

2. Interpretation

In these regulations –

"authorised officer" means an officer of the Ministry authorised by the Permanent Secretary or an officer of an enforcing authority;

"bunk bed" means a one storey single bed, where the height between the 2 beds shall not be less than one metre;

"Committee" means the Lodging Accommodation Committee set up under regulation 5;

"employee" means any person employed by an employer, whether on a contract of determinate duration or not, and includes a guest employee;

"enforcing authority" means an authority specified in the First Schedule;

"lodging accommodation" means a dwelling place provided by an employer to an employee;

"member" means a member of the Committee;

"permit" means a lodging accommodation permit issued under regulation 6;

"sheath" means a material used to hold 2 or more electrical conductors together in a power cable;

"single bed" means a bed of not less than 1.9 metres in length and 0.9 metre in width.

3. Enforcing authorities

(1) The Ministry responsible for the subject of health and quality of life shall be the authority responsible for compliance with regulations 12, 13, 14, 15, 16, 17 and 18.

(2) The Mauritius Fire and Rescue Service shall be the authority responsible for compliance with regulation 19.

4. Powers of entry

An authorised officer may, for the purposes of these regulations, enter with the consent of the head of any undertaking, any building used as lodging accommodation, in order to make such inspection or investigation as may be necessary.

5. Lodging Accommodation Committee

(1) There is set up for the purposes of these regulations, a Lodging Accommodation Committee.

(2) The Committee shall consist of –

 (a) 2 representatives of the Ministry, one of whom shall be the Chairperson;

 (b) a representative of each of the enforcing authorities;

 (c) a representative of the most represented employers' organisation;

 (d) a representative of the most represented employees' organisation.

(3) The members of the Committee shall be paid such fees as the Minister may determine.

(4) The Permanent Secretary may refer any complaint to the Committee for any investigation or enquiry as he thinks necessary.

6. Lodging accommodation permit

(1) No employer shall use a building as a lodging accommodation for his employees unless he holds a lodging accommodation permit.

(2) An application for a permit shall be made to the Permanent Secretary in the form set out in the Second Schedule and shall be accompanied by –

 (a) necessary clearances from the appropriate enforcing authorities;

 (b) a site plan and a layout plan of the building which is intended to be used as a lodging accommodation;

 (c) a non-refundable processing fee of 500 rupees; and

 (d) such additional information as the Permanent Secretary may require.

(3) On receipt of an application made under paragraph (2), the Permanent Secretary or any enforcing authority may make such inspections to the building intended to be used as a lodging accommodation.

(4) The Permanent Secretary shall, after inspections are carried out to the building to be used as a lodging accommodation, refer the application to the Committee for its determination.

(5) The Committee may, after considering the application –

 (a) grant the application; or

 (b) reject the application, specifying the grounds for refusal.

(6) Where an application is granted under paragraph (5)(a), the Permanent Secretary may, on payment of the appropriate fee specified in the Third Schedule, issue a permit in the form set out in the Fourth Schedule, on such terms and conditions as he may determine.

(7) A permit issued under paragraph (6) shall be exhibited at all times in a conspicuous place in the lodging accommodation.

(8) (a) Where an employer proposes to make any material extension or major structural alteration to any lodging accommodation or to increase the number of persons entitled to reside in the lodging accommodation, he shall notify the Permanent Secretary in writing and furnish such drawing, plan, documents or any other information as may be required.

(b) On receipt of a notification under subparagraph (a), the Permanent Secretary may require the employer to apply for a new permit.

(9) A permit issued under paragraph (6) may be transferred to the heirs of a deceased permit holder upon an application made by the heirs, subject to such terms and conditions as the Permanent Secretary may determine.

(10) Where an employer loses his permit he may, upon furnishing reasonable justification, obtain a duplicate permit on payment of a fee of 200 rupees.

[Reg. 6 amended by reg. 3 of GN 161 of 2012 w.e.f. 1 November 2012; reg. 3 of GN 51 of 2013 w.e.f. 9 March 2013.]

7. Renewal of permit

(1) A permit shall be valid for a period not exceeding 36 months and may be renewed.

(2) (a) An application for the renewal of a permit shall be made to the Permanent Secretary within 3 months before the date of expiry of the permit and shall be accompanied with fresh clearances from the appropriate enforcing authorities.

(b) The Permanent Secretary or an enforcing authority may carry out inspections in the lodging accommodation before renewing the permit.

(3) Where an application for renewal is received outside the time limit specified in paragraph (1), the Permanent Secretary may renew the permit upon payment of a surcharge of 50 per cent.

(4) Where a permit is not renewed, it shall lapse after 30 days of its date of expiry.

8. Location of lodging accommodation

Subject to regulation 25(2), no lodging accommodation shall be located in the same building as the factory or place of work of the employee.

9. Inventory

(1) Every employer shall affix, in a conspicuous place on the wall of each room of a lodging accommodation, a lodger's inventory sheet in the form specified in the Fifth Schedule.

(2) The lodger's inventory sheet shall be updated as and when changes occur.

10. Conditions of building

(1) Every lodging accommodation shall be kept in a good state of repair.

(2) All floors, steps, stairs and passageways of a lodging accommodation shall be –

 (a) properly maintained; and

 (b) free from any obstruction or substance likely to cause any danger or injury to an employee.

(3) Every staircase in a lodging accommodation shall be provided with handrails.

(4) Where any person is liable to fall from a height of more than 2 metres, secure handrails or other suitable means shall be provided for ensuring his safety.

11. Furniture for clothing and personal belongings

(1) Every employer shall provide each employee with a suitable wardrobe or locker in his bedroom.

(2) The Permanent Secretary may, after conducting such enquiries as he deems necessary, exempt an employer from the application of paragraph (1).

12. Employee accommodation area

(1) The floor area of the bedroom –

 (a) of an employee who is provided with a single bed shall not be less than 4.6 square metres; and

 (b) of any 2 employees who are provided with bunk beds shall not be less than 5.2 square metres.

(2) Every employer shall provide a separate bed with an appropriate mattress to each employee.

(3) The space between single beds shall not be less than 1.1 metres, and where bunk beds are used, the space shall not be less than 1.2 metres.

(4) (a) Every employer shall disinfest every lodging accommodation at interval of 3 months and as and when required.

(b) A period of at least 12 hours shall be observed before allowing employees to re-enter into the lodging accommodation area after it has been disinfested.

(5) Every employer shall provide separate lodging accommodation area for male and female employees.

(6) The height of a bedroom shall not be less than 2.5 metres.

13. Cleanliness

(1) Every employer shall keep every lodging accommodation in a clean state and free from effluvia arising from any drain, sanitary convenience or any other nuisance.

(2) Every employer shall ensure regular cleaning of the lodging accommodation, including its surrounding yard.

(3) Every employer shall provide adequate covered bins for the storage of refuse.

14. Ventilation and lighting

Every lodging accommodation shall be provided with –

(a) openings of not less than one tenth floor area for adequate circulation of fresh or artificially purified air of suitable temperature and relative humidity;

(b) sufficient and suitable lighting, whether natural or artificial;

(c) adequate number of suitable water closets, bathrooms, urinals and washbasins in every lodging accommodation as specified in the Sixth Schedule.

15. Water closet

(1) Every water closet of a lodging accommodation shall –

 (a) have direct openings to the outside air or be mechanically ventilated;

 (b) not have direct communication with any mess room or kitchen;

 (c) be covered;

 (d) have a door and fastenings;

 (e) where common water closets are provided, be partitioned off; and

 (f) be provided with a regular supply of running water.

(2) Every water closet used by female employees shall be provided with pad bins.

(3) Use of water closets as bathrooms shall be prohibited.

16. Sanitary facilities

(1) The sanitary facilities shall be –

 (a) accessible to every employee at all times;

 (b) provided with a regular supply of clean water at all times; and

 (c) cleaned, washed and disinfected everyday.

(2) Floors of water closets and bathrooms shall be impervious and of non-skid material.

(3) The walls of sanitary facilities shall be tiled up to a minimum height of 2 metres.

(4) The walls of bathrooms shall be tiled up or painted with a waterproof paint to a minimum height of 2 metres.

(5) Bathrooms shall be provided with water of suitable temperature and equipped with showers or other suitable means of bathing.

(6) All wastes shall be disposed of regularly.

(7) Adequate refuse bins with airtight covers shall be provided.

17. Supply of water, washing and ironing facilities

(1) Every employer shall ensure that a lodging accommodation is provided with adequate and continuous supply of wholesome water at suitable location which is conveniently accessible.

(2) Every employer shall maintain and keep the water storage tanks clean and disinfected at least once every 6 months.

(3) Every employer shall provide adequate and suitable facilities for washing utensils, clothing and other personal belongings.

(4) Every employer shall provide a separate area with adequate and suitable facilities for washing, drying and ironing of clothing.

18. Kitchen and dining area

(1) Every kitchen of a lodging accommodation shall be provided with –

 (a) adequate cooking facilities;

 (b) sufficient number of freezers and refrigerators and shall be maintained and kept clean at all times; and

 (c) a sufficient number of air extractors.

(2) All cooking shall be done in a kitchen.

(3) Windows and other openings shall be so constructed so as to avoid accumulation of dust and shall be fitted with insect proof screens.

(4) Measures shall be taken for the removal of cooking fumes and odour from the kitchen by means of an air extractor at every cooking point.

(5) Every kitchen table shall be tiled or otherwise covered with other suitable material and shall be properly maintained.

(6) Every door giving access to the kitchen shall have smooth, clean and non absorbent surface and shall be fitted with self-closing device and made to open outward.

(7) (a) A suitable store with all amenities shall be provided for storage of food items.

(b) The store and the amenities referred to in subparagraph (a) shall be kept clean and in good working condition.

(c) Non-foodstuffs shall not be kept in the store.

(8) Perishable food shall be stored at such temperature as will protect it from spoilage.

(9) Every dry food items shall be stored in separate containers of adequate size provided with tight fitting lids and shall be kept on shelves 300 millimetres above floor level.

(10) All bags, containers, crates or boxes shall be kept on racks 300 millimetres above floor level and no food shall be kept on ground or floor level.

(11) There shall be no sewerage pipe, drain or inspection chamber in a food store.

(12) The store shall have no direct communication with any sleeping room, bathroom or toilet or any place in which an animal is kept.

(13) Every kitchen waste shall be kept in impermeable bag in bin of adequate size fitted with a cover and shall be disposed of at least once daily.

(14) Every liquid waste generated in the kitchen shall be discharged to a properly designed disposal system through a grease trap and the disposal system shall be properly maintained and cleaned at regular intervals.

(15) A scullery for washing of kitchen utensils and plates shall be provided separate from the kitchen.

(16) Every employer shall provide a suitable dining hall with an adequate number of chairs, tables and washbasin.

(17) Every employer shall ensure that the kitchen and dining rooms are kept clean and free from flies, rodents and other insects.

19. Safety provisions in case of fire

(1) Every lodging accommodation –

 (a) which does not exceed 200 square metres;

 (b) where the top floor of the building does not exceed 9 metres above ground level; and

 (c) which cannot accommodate more than 60 persons,

shall be provided with an emergency exit, where the final exit cannot be reached within a maximum travel distance of 15 metres.

(2) Every lodging accommodation which –

 (a) exceeds 200 square metres, shall be provided with an alternative emergency exit where the travel distance is more than 15 metres;

 (b) exceeds 200 square metres and has more than 3 floor levels, shall be provided with an alternative emergency staircase.

(3) Every employer shall provide a 4 kilogrammes dry powder fire extinguisher for every floor area of 100 square metres or more.

(4) Where more than 60 employees are lodged in a lodging accommodation, the employer shall provide a fire warning system.

(5) Every emergency exit of a lodging accommodation shall be adequately lighted and be provided with an emergency lighting system.

(6) No person shall carry out ironing, prepare food and boil water in a bedroom.

(7) No person shall smoke in a bedroom.

(8) (a) Except for medical purposes, no flammable and hazardous substances shall be kept or stored in a bedroom.

(b) Flammable and hazardous substances shall be kept in a fire resistant cabinet.

(9) Electrical installation not forming part of the normal electrical circuit shall not be allowed.

(10) Every lodging accommodation shall be equipped with appropriate and adequate safety signs.

20. Electrical safety

(1) Every installation shall be divided into circuits to avoid danger in the event of a fault and to facilitate safe operation, inspection, testing and maintenance.

(2) Every installation and every circuit shall be adequately protected.

(3) Effective means, suitably placed for ready operations, shall be provided to cut off the supply of electrical energy to any electrical equipment in order to prevent danger.

(4) No addition or alteration shall be made to an existing electrical installation, unless it has been ascertained that the ratings of the existing protective devices, the current carrying capacity of the conductors and the earthing arrangements to carry any additional load are adequate for the altered circumstances.

(5) Every electrical joint and connection shall be properly insulated.

(6) (a) Every electrical installation in a building shall be fitted at the mains with a residual current device having –

  (i) a rated residual operating electrical current of 30 milliamperes or less; and

  (ii) an operating time of 40 milliseconds or less at 150 milliamperes.

(b) Notwithstanding subparagraph (a), a residual current device of a higher rating than those specified in subparagraph (a) may be installed at the mains, provided that the final circuit of the electrical installation is protected by a residual current device of ratings specified at subparagraph (a).

(c) Every residual current device installed within the installation shall be tested by activating its test button on a monthly basis and a report of the result of the test, signed by the person carrying out the test, shall be kept by the employer.

(7) Adequate precautions shall be taken either by earthing or by any other suitable means, to prevent danger arising when any conductor not intended to carry electric current in normal conditions from becoming electrically charged as a result of either a fault in a system or the use of a system.

(8) Every cable to be installed on a wall shall incorporate a sheath suitably resistant to any mechanical damage likely to occur, or to be contained in a conduit system or other enclosure affording adequate protection against such damage.

(9) Every cable with the colour combination green and yellow shall be reserved exclusively for the identification of protective conductor and shall not be used for any other purpose.

(10) (a) Every fixed luminary and lamp shall be protected so as to prevent ignition of any material which is placed in proximity to the luminary or lamp.

(b) Every protective material shall be resistant to heat.

(11) At least 2 socket outlets shall be provided in the bedroom for each lodger.

(12) No multiplug shall be used in a bedroom.

(13) Non-sheathed cables, unless enclosed in non-metallic conduits, shall not be used to supply power to portable electrical equipment and luminaries in a lodging accommodation.

21. First-aid

(1) Every employer shall –

 (a) provide and maintain a suitably located first-aid box at every lodging accommodation;

 (b) ensure that there is a sufficient number of appointed persons or first-aiders to provide adequate coverage at all times; and

 (c) where any employee is injured or is ill, promptly and at his own expense provide an appropriate means of conveyance for the employee to any hospital or other similar institution.

(2) Every first-aid box shall be in conformity with the requirements specified in regulation 4 of the Occupational Safety, Health and Welfare (First-Aid) Regulations 1989.

22. Power to revoke permit

(1) Subject to paragraph (2), the Permanent Secretary may, after consultation with the Committee, revoke any permit issued to an employer.

(2) The Permanent Secretary shall, before revoking a permit, give the employer an opportunity to explain why his permit shall not be revoked.

(3) Where a permit is revoked, the employer may make an appeal to the Minister within 30 days from the date of revocation.

23. Enforcement notice

(1) Where an enforcing authority is of the opinion that an employer is contravening or likely to contravene any provisions of these regulations, it may serve on the employer an enforcement notice.

(2) No person shall be prosecuted for a contravention in respect of which an enforcement notice is in force.

(3) Any person who fails to comply with an enforcement notice shall commit an offence and shall, on conviction, be liable to a fine not exceeding 75,000 rupees and to a term of imprisonment not exceeding one year.

24. Exemption

(1) These regulations shall not apply to a lodging accommodation which is occupied by an employee and members of his family.

(2) The Permanent Secretary may, after conducting such enquiry as he may consider necessary, exempt a lodging accommodation from compliance with these regulations.

25. Transitional provisions

(1) –

(2) Every employer who, at the coming into operation of these regulations, uses a building as a lodging accommodation in a factory or place of work, shall, within 4 years of the coming into operation of these regulations, cease to use the building as a lodging accommodation.

[Reg. 25 amended by reg. 4 of GN 51 of 2013 w.e.f. 1 January 2013.]

26. 

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FIRST SCHEDULE

[Regulation 2]

ENFORCING AUTHORITIES

Mauritius Fire and Rescue Service

Ministry responsible for the subject of health and quality of life

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