INSTITUTE OF SAFETY PROFESSIONALS OF NIGERIA ACT
CENTER FOR LAWS OF THE FEDERATION OF NIGERIA
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INSTITUTE OF SAFETY PROFESSIONALS OF NIGERIA ACT
EXPLANATORY MEMORANDUM
This Act establishes the Institute of Safety Professionals of Nigeria and regulates the practice of Professional Safety Management in Nigeria.
ARRANGEMENT OF SECTIONS
1. Establishment of the Institute of Safety Professionals of Nigeria, etc.
2. Objectives of the Institute
3. Functions and powers of the institute
4. Membership of the Institute
5. Establishment and Composition of the Governing Board
6. Membership of the Board
7. Funds of the Institute
8. Investment of the Funds of the Institute
9. Expenditure of the Institute
10. Audited Accounts of the Institute.
11. Appointment and Functions of the Registrar
12. Approval of Courses and Qualification
13. Establishment of Disciplinary Committee for professional misconduct
14. Offences and penalties under the Act.
15. Miscellaneous
16. Interpretation
17. Short Title.
Federal Republic of Nigeria – Official Gazette – Government Notice No. 72
INSTITUTE OF SAFETY PROFESSIONALS OF NIGERIA ACT
An Act to establish the Institute of Safety Professionals of Nigeria (ISPON)
[Commencement 19/05/2014]
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria-
Establishment of the Institute of Safety Professionals of Nigeria, etc.
1. There is established a body to be known as the Institute of Safety Professionals of Nigeria (in this Act referred to as the, ”Institute”) which shall be a body corporate with perpetual succession and a common seal and may sue and be sued.
Objectives of the Institute.
2. The objective of the Institution shall be to-
(a) organise and provide professional training in the area of Safety Management;
(b) set standards of practice and determine the knowledge and skills to be acquired by persons seeking to register and practise as Safety Professionals and improving upon such standards from time to time; and
(c) do all such things as may be necessary to promote the interest of its members and the advancement of the safety management profession.
Functions and powers of the Institute
3. The Institute shall-
(a) conduct examinations and award certificates and diplomas as well as advise on matters relating to qualifications for the practice of safety management in Nigeria;
(b) conduct research into all aspects of safety management;
(c) organise lectures, seminars, workshops and otherwise provide training for persons aspiring to qualify and practice as Safety Management Professionals;
(d) establish and maintain a register of persons entitled to practice as Safety Professionals and publish from time to time the list of those so registered;
(e) perform such other functions, as may be necessary for the advancement of the institute and the safety management profession;
(f) acquire and hold such movable and immovable property as may be necessary or expedient for putting into effect the provisions of this Act;
(g) demand and receive from any course participant, student member of the Institute such fees as the board may from time to time prescribe;
(h) have power to affiliate with any University or other Tertiary Institutions for the purpose of offering degree programmes; and
(i) have powers to regulate the practice of safety management in Nigeria
Membership of the Institute
4.-(1) Subject to the provisions of this Act, a person admitted to the Membership of the Institute shall be registered as such and be entitled to use the appropriate title/letters after his name, as may be prescribed by the Institute.
(2) Members of the Institute may make recommendations with regard to safety designs in buildings and other structures and may conduct safety audits, training and consultancy work training and consultancy work
(3) No firm or person may practice as a safety professional in Nigeria unless they have been registered by the Institute.
Establishment and Composition of the Governing Board
5.-(1) There is established for the Institute a Governing Board (hereinafter in this Act referred to as the “Board”) which shall provide general policy guidelines for the effective administration of the Institute.
(2) The Board shall consist of-
(a) a chairman who shall be a person of proven ability and integrity and a registered member of the Institute with not less than ten years post registration experience to be elected from amongst the registered member of the Institute;
(b) one representative each from-
(i) Federal Ministry of Labour and Productivity,
(ii) Federal Ministry of Environment,
(iii) Federal Ministry of Education,
(iv) Society of Occupational Physicians of Nigeria,
(v) Federal Fire Service;
(vi) National Emergency Management Agency,
(vii) Federal Road Safety Commission, and
(viii) Nigerian Society of Engineers;
(c) three other members of the Institute with not less than 5 years practical experience who shall be elected into the Board from amongst the registered members of the Institute; and
(d) the registrar of the Institute
Membership of the Board.
6.-(1) Subject to the provisions of this Act, a person appointed or elected as a member of the Board shall hold office for a period of four years from the date of his appointment or election and may be reappointed or re-elected for a further term of four years and no more.
(2) The Chairman shall hold office for a period of 2 years from the date of his election and may be re-elected for a further term of 2 years and no more.
(3) Membership of the board shall be on part time basis.
Funds of the Institute.
7. There is established for the Institute a fund into which shall be paid and credited-
(a) all fees, subscriptions and other monies due to the Institute;
(b) gifts, loans, grants-in-aid, testamentary dispositions, endowments, contribution from philanthropic organisations, etc.;
(c) returns on investments made by the Institute; and
(d) all other assets or monies that may from time to time accrue to the Institute.
Investment of the Funds of the Institute
8. The Board may invest the funds of the Institute In accordance with the Security and Investment Act.
Expenditure of the Institute
9. The Institute may from time to time apply the proceeds of the funds of the Institute to-
(a) administration of the Institute;
(b) the payment of the emoluments, fees and other entitlements of members of the Board;
(c) the payment of salaries, allowances or other remunerations and benefits payable to the officers and other employees of the Institute;
(d) development and maintenance of any property vested in or owned by the Institute; and
(e) such other activities that will promote the growth of the Institute or are connected with its functions
Audited Accounts of the Institute.
10. The Board shall keep proper accounts for the Institute in respect to each financial year and proper records in relation to such accounts, and shall cause the accounts to be audited by a firm of auditors approved by the Board and the result of the audit published within six months from the end of the financial year to which the accounts relate.
Appointment and Functions of the Registrar.
11.-(1) The Board shall appoint a fit and proper person to be the Registrar of the Institute.
(2) The Registrar shall-
(a) be the Secretary to the Board;
(b) prepare and maintain in accordance with rules approved by the Board, a register of the names, addresses, qualifications and such other particulars as may be required of all persons who are entitled in accordance with the provisions of this Act to be registered as Safety Management Professionals and who apply in the specified manner and have been so registered;
(c) correct in accordance with the Board’s directive any entry in the Register which the Board directs him to correct as being in the Board’s opinion an entry which was incorrectly made;
(d) cause the Register to be published and put on sales to members of public not later than two years from the date in which this Act comes into effect and thereafter to be published and put on sale either a corrected or an updated edition of the Register at no more than two year intervals;
(e) subject to the provisions of this section, the Institute may make such other rules as may be expedient for the proper keeping of the Register and the making of entries therein; and
(f) subject to the provision of this Act, a person who holds a qualification obtained outside Nigeria and for the time being acceptable to the Institute shall be eligible to be registered as a Safety Management Professional.
Approval of Courses and Qualification.
12. The Institute may-
(a) approve courses of training which are intended for persons seeking to become or are already registered members of the Institute;
(b) accredit any institution whether in Nigeria or abroad which the Institute considers is properly organized and equipped for conducting the whole or any part of a programme of training approved by the Institute; and
(c) approve any qualification which as a result of an examination taken in conjunction with the course of training approved by the Institute under this section is granted to candidates reaching a standard at the examination indicating in the opinion of the Institute that such candidates have sufficient knowledge and skill to practice safety management as a profession
Establishment of Disciplinary Committee for professional misconduct.
13.-(1) There shall be a committee to be known as the Institute of Safety Professionals Disciplinary Committee (hereinafter in this Act referred to as (“the Disciplinary Committee”) which shall be charged with the duty of considering and determining any cases of professional misconduct referred to it.
(2) The Disciplinary Committee shall consist of a chairman and four other members of the Board of the Institute.
(3) The Disciplinary Committee shall conduct investigation into any allegations against any registered member of the Institute for professional misconduct or such other conduct that warrants proceedings against him before the Disciplinary Committee and shall make determination as to his guilt or innocence.
(4) Where the Disciplinary Committee determines that a member is guilty of misconduct, it shall refer the matter including all its proceedings to the Board of the Institute and the Board shall make determination as to whether the member should be-
(i) reprimanded, or
(ii) suspended for a period not exceeding 12 months; or
(iii) be deregister………………………………………….red, that is to say have his name remove from the Register.
(5) The Board of the Institute may make rules not inconsistent with this Act as to acts, which constitute professional misconduct.
(6) If a member is convicted of a criminal offence by a court or tribunal of competent jurisdiction, he shall have his name removed from or struck off the Register.
(7) A person suspended by the Board shall cease to practice as a Safety Professional during the period of his suspension.
(8) A person whose name is removed from the Register in pursuance of a directive of the Board under this section shall not be entitled to be registered again except in pursuance of a new directive in that behalf given by the Board upon the application of that person; not less than two years from the date on which his name was removed from the Register.
Offences and penalties under the Act.
14.-(1) Any person who is not registered by the Institute practices or holds himself out to practice as a registered Safety Management Professional commits an offence.
(2) Any person who for the purpose of procuring registration as a Safety Management Professional makes a false claim makes a false entry; or willfully falsifies the register, commits an offence.
(3) A person who commits an offence under this section is liable on conviction to-
(i) for an individual a fine not exceeding N50,000 or imprisonment for a term not exceeding one year or to both such fine and imprisonment; and
(ii) for a corporate body to a fine of not less than N250, 000.
Miscellaneous.
15. The Board shall have powers to make regulations and rules for such incidental and supplementary matters as it may from time to time consider to be in the interest of the Institute and its members.
Interpretation.
16. “A Safety Professional” means any person qualified in an engineering discipline, occupational health sciences, `2environmental sciences or other scientist or specialist in a related discipline with an acceptable qualification who has acquired knowledge in the practice of safety management and whose name is in the Register of the Institute.
Short Title.
17. This Act may be cited as the Institute of Safety Professionals of Nigeria Act, 20114.
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