Enforcement

(1) The Labour Commissioner, the Senior Labour Inspector, or any Labour Inspector may, (a) institute proceedings in respect of any contraventions of, or any offence committed by an employer against, any of the provisions of this Act, and prosecute in his own name and appear in respect of such proceedings; (b) institute proceedings and appear in proceedings on behalf of any workman against his employer in respect of any matter or thing or cause of action arising out of this Act. (2) Notwithstanding anything contained in subsection (1) of this section, any officer of a registered trade union who has been authorised in writing on the prescribed form by the trade union may institute proceedings and appear in proceedings on behalf of any member of the union against his employer in respect of any matter or thing or cause of action arising under this Act. 58 SCHEDULE 1 WORKMEN’S COMPENSATION ACT Compensation Formula (Section 2, 8 (1) (c) and 46 (1)) Injury Degree of disablement per centum Loss of two limbs Loss of both hands or of all fingers and thumbs Total loss of sight Total paralysis Injuries resulting in being bedridden permanently 100 Any other injury causing permanent total disablement Loss of remaining eye by one-eyed workman Loss of remaining arm by one-armed workman Loss of remaining leg by one-legged workman Loss of arm at shoulder 80 Loss of arm above elbow 70 Loss of arm below elbow 60 Loss of hand at wrist 60 Loss of four fingers and thumb on one hand 60 Loss of four fingers 45 Loss of thumb-both phalanges 35 -one phalanx 15 Loss of index finger-three phalanges 15 -two phalanges 10 -one phalanx 8 Loss of middle finger-three phalanges 8 -two phalanges 4 -one phalanx 2 Loss of ring finger-three phalanges 8 -two phalanges 4 -one phalanx 2 } Loss of metacarpals-first or second (additional) 5 -third, fourth or fifth (additional) 5 Loss of leg-at hip joint 75 -above knee 70 -at knee 70 -below knee 60 -at ankle 40 Loss of foot-at ankle 40 -above the junction of foot and toes 35 Loss of toes-all 35 -great, both phalanges 15 -great, one phalanx 15 -other than great, each of more than one toe lost 3 Loss of eye-eye out 40 -sight of 40 -lens of 30 -sight of except perception of light 40 Loss of hearing-both ears 70 -one ear 20 Total permanent loss of the use of a member shall be treated as the loss of that member. The percentage incapacity for ankylosis of any joint shall be reckoned as from 25 to 100 per cent of the incapacity for loss of the use of that member, according to whether the joint is ankylosed in a favourable or unfavourable position. In the case of a right-handed workman, an injury to the left hand or arm, and in the case of a left-handed workman, to the right arm or hand shall be rated at ninety per centum of the above percentages. Where there is a loss of two or more parts of the hand, the percentage of incapacity shall not be more than for the whole hand. A one-eyed workman who, on entering employment has failed to disclose the fact that he is one-eyed to his employer, shall, if 60 Workmen’s Compensation he loses his remaining eye, be entitled to compensation in respect of a degree of disablement of forty per centum only. For the purposes of this Schedule, a “one-eyed workman” means a workman who has lost the sight of one eye. SCHEDULE 2 WORKMEN’S COMPENSATION ACT Disease or Injury Compensation Formula (Sections 2 and 26) Description of disease or injury Nature of occupation 1. Poisoning by- Any occupation involving: (1) Lead the use or handling of, exposure to the fumes, dust or vapour of lead or a substance containing lead or a compound of lead. (2) Phosphorus the use or handling of, or exposure to the fumes, dust or vapour of phosphorus, or a compound of phosphorus, or a substance containing phosphorus. (3) Arsenic the use or handling of or exposure to the fumes, dust or vapour of arsenic, or a compound of arsenic, or a substance containing arsenic. 62 Workmen’s Compensation Description of disease or injury Nature of occupation (4) Mercury the use or handling of or exposure to the fumes, dust or vapour of mercury, or a compound of mercury, or a substance containing mercury. (5) Benzene or its Any process involving the production, liberation or utilisation of benzene or its homologues, or their nitro-and amino- derivatives. homologues, their nitro- and amino-derivatives, and its sequelae (6) Organic phosphates the use or handling of organic phosphates for the destruction of pests or vermin. (7) Metopium brownie work in the forest or the manipulation of “poison wood” or any process in or incidental to the manufacture of articles therefrom. (“black poison wood”) or Cameraria belizensis standl (“savanna white poison wood”) Description of disease or injury Nature of occupation (8) Carbon monoxide gas any process involving the use of, (i) dynamite and gunpowder for blasting in subterranean galleries; (ii) illuminating gas; (iii) power or producer gas; (iv) blast furnaces, furnaces and stoves for the burning of charcoal, coke and other fuel; (v) gas engines. (9) Carbon dioxide gas any process involving blasting, the manufacture of mineral waters, fermenting in breweries and the formation of lime in lime kilns. (10) The halogen derivatives any process involving the production, liberation or use of of hydrocarbons in the aliphatic series 64 Workmen’s Compensation Description of disease or injury Nature of occupation halogen derivatives of hydrocarbons of the aliphatic series. 2. Anthrax infection Work in connection with animals infected with anthrax. Handling of animal carcasses or parts of such carcasses including hides, hoofs and horns. Loading and unloading of transport and merchandise. 3. Glanders contact with equine animals or their carcasses. } 4. (a) Ulceration of the corneal surface of the eye the use or handling of or exposure to tar, pitch bitumen mineral oil (including paraffin) soot or any compound, product, or residue of any of these substances. (b) Localised new growth of the skin, papillomatous or (c) Epitheliomatous cancer or ulceration of the skin, due in any case to tar, pitch, bitumen mineral oil (including paraffin) soot or any compound, product or residue of these substances. Description of disease or injury Nature of occupation } 5. Inflammation, ulceration or malignant disease of the skin or subcutaneous tissues or of the bones, or leukaemia or anaemia of the aplastic type, due to X-rays, ionising particles, radium or other radio-active substances. exposure to X-rays, ionising particles, radium, radium, or other radio-active substances or other or other forms of radiant energy. } 6. Inflammation or ulceration of the skin or of the mucous membrane of the upper respiratory passages or mouth produced by dust, liquid or vapour (including the condition known as chlor-acne, but excluding chrome ulceration. exposure to dust, liquid or vapour. } 7. Subcutaneous cellulitis or acute bursitis arising at or about the knee (Beat knee) manual labour causing severe or prolonged friction or pressure at or about the knee. } 8. Subcutaneous cellulitis of the hand (Beat hand) manual labour causing severe or prolonged friction or pressure on the hand. 66 Workmen’s Compensation Description of disease or injury Nature of occupation } 9. Subcutaneous cellulitis or acute bursitis arising at or about the elbow. manual labour causing severe or prolonged friction or pressure at about the elbow. } 10. Inflammation of the synovial lining of the of the wrist joint and tendon sheaves. manual labour or frequent repeated movements of the hand or wrist. } 11. Telegraphist’s cramp the use of Morse- key telegraphists’ instruments for prolonged periods. } 12. Tuberculosis any occupation involving close and frequent contact with a source or sources of tuberculosis infection by reason of the employment- (a) in the medical treatment or nursing of a person or persons suffering from tuberculosis or in a service ancillary to such Description of disease or injury Nature of occupation treatment or nursing; (b) in attendance upon a person or persons suffering from tuberculosis where the need for such attendance (c) as a research worker engaged in research in connection with tuberculosis (d) as a laboratory worker, pathologist or post mortem worker, while the occupation involves working with material which is a source of tuberculosis infection, or in any 68 Workmen’s Compensation Description of disease or injury Nature of occupation occupation ancillary to such employment. } 13. Dermatitis of the hand the sectionising and peeling by hand of citrus-fruit } 14. Silicosis with or without pulmonary tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death. industries or processes recognised by national law or regulations as involving exposure to the risk of silicosis. } 15. Pathological manifestation due to: any process involving exposure to the action of radium, radio- active substances or X-rays. (a) radium and other radio- active substances; (b) X-rays.