Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012116. Duties of operator(ii) a fire or an explosion;(iii) the collapse or failure of any building orstructure; and(iv) an accident involving machinery or plant whichresults in the cessation of work beyond the shiftor day on which the accident takes place.The operator of a workplace that is not a constructionsite shall ensure that—(a) the facilities prescribed are provided;(b) the facilities prescribed to be provided aremaintained as prescribed;(c) the arrangements at the workplace comply with theCode; and(d) the workplace is not constructed, developed,reconstructed, altered or added to, except incompliance with the Code.117. Exemptions and extensions(1) The Governor acting on the advice of Cabinet may, byOrder, exempt a workplace from the application of anyprovision of this Part.(2) An exemption shall not be effective for more than 6months.(3) Despite subsection (2), the Governor acting on theadvice of Cabinet may, by Order, extend an exemptionfor 6 months.(4) An Order made under subsection (1) or (3) shall set outthe reasons for and terms of the exemption.(5) An Order under this section may contain conditions.74
MONTSERRATLABOUR CODE, 2012No. 20 of 2012118. Offences(1) A person who contravenes an obligation under this Partcommits a summary offence and where no penalty isprovided is liable to a fine of $5,000.(2) If the contravention is by an employee, the operator ofthe workplace shall also be liable if it is proved that theoperator failed to take reasonable steps to prevent thecontravention.(3) Where the contravention committed by the operator of aworkplace under subsection (1), is proved to have beencommitted with the consent or connivance of, or to havebeen facilitated by any neglect on the part of anydirector, chairman, manager, other officer or personother than the operator, he or she, as well as theoperator, is deemed to have committed the offence andis liable.119. Multiple offencesWhere an operator of a workplace employs persons in aworkplace other than in accordance with this Part, thereshall be deemed to be a separate contravention in respectof each person so employed.120. Penalties for specific offences(1) A person who—(a) forges or counterfeits any certificate required by,under or for the purposes of this Code;(b) gives or signs any certificate knowing it to be falsein any material particular;(c) knowingly utters or makes use of any certificate soforged or counterfeited, or which is false asmentioned in paragraph (b);(d) knowingly utters or makes use of any certificate asapplying to a person to whom it does not apply;(e) falsely pretends to be the Labour Commissioner or alabour officer;75
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Labour Code 2012 - Government of Montserrat

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