INSTITUTE OF SAFETY PROFESSIONALS OF NIGERIA ACT

201417 sectionsFederal Republic of Nigeria

Section 1: Establishment of the Institute of Safety Professionals of Nigeria.

There is established the Institute of Safety Professionals of Nigeria (in this Act referred to as the "Institute") which:(a) shall be a body corporate with perpetual succession and a common seal; and
(b)
may sue and be sued in its corporate name.

Section 2: Objectives of the Institute.

The objectives of the Institute shall be to:(a) organize and provide professional training in the area of safety management;
(b) in collaboration with relevant government agencies, set standards of practice and determine the knowledge and skills to be acquired by persons seeking to register and practice as safety professionals and to improve on such standards from time to time; and
(c) do all such things as may be necessary to promote the advancement of safety profession in both the public and private sectors of the economy.

Section 3: Functions and Powers of the Institute.

The Institute shall:(a) conduct examinations and award certificates and diplomas as well as advise employers on matters relating to qualifications for the practice of safety management in Nigeria;
(b) conduct research into all aspects of safety management;
(c) organize lectures, seminars, workshops and otherwise provide training for persons aspiring to qualify and practice as safety professionals;
(d) establish and maintain list of persons registered as safety professionals in Nigeria and publish from time to time 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 or student of the Institute such fees as the Board may from time to time determine;
(h) have power to affiliate with any university or other tertiary institutions for the purpose of offering higher degree programmes; and
(i) in collaboration with relevant agencies of government, regulate the practice of safety management in Nigeria.

Section 4: Membership of the Institute.

(1) Subject to the provisions of this Act, a person admitted to membership of the Institute shall be registered as such and shall have the right to use the appropriate title after his or her name, as may be prescribed by the Institute.
(2) Members of the Institute may make recommendations to their employers and clients with regard to safety designs in building and other structures, and may conduct safety audits, training and consultancy.

Section 5: Establishment and composition of the Governing Board.

(1) There is established for the Institute a Governing Board (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) President and Deputy President of the Institute who shall be elected by members of the Institute at the annual general meeting and hold office each for a term of 2 years from the date of election;
(b) 10 members of the Institute with not less than 15 years practical experience who shall be elected into the Board from amongst the registered members of the Institute; and
(c) the Registrar of the Institute.
(3) Seven members of the Board, including the President or, in his or her absence, his nominee shall form the quorum of the meeting of the Board.
(4) Vacancies existing at the Board shall be filled by election.

Section 6: Tenure of Office of Members.

(1) Subject to the provisions of this Act, a person elected as a member of the Board shall hold office for a period of 2 years from the date of election and may be re-elected for a further term of two years and no more, except the Registrar whose membership of the Board terminates when he or she ceases to be the Registrar of the Institute.
(2) Membership of the Board shall be on part time basis.

Section 7: Funds of the Institute.

There is established for the Institute a Fund into which shall be paid and credited:(a) fees, subscriptions and other monies due to the Institute;
(b) gifts, loans; grants-in-aid, testamentary disposition, 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.

Section 8: Expenditure of the Institute.

The Institute may, from time to time, apply proceeds of the Funds of the Institute to :(a) the administration of the Institute;
(b) the payment of the emoluments, allowances and benefit of members of the Board as well as for such other employees of the Institute as may be appropriate;
(c) the development and maintenance of any property vested in or owned by the Institute; and
(d) such other activities that will promote the growth of the Institute or are connected with its functions

Section 9: Audited accounts of the Institute.

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.

Section 10: Appointment and Functions of the Registrar.

(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 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 being in the Board's opinion an entry which was incorrectly made;
(d) cause the register to be published and put on sale to members of the public not later than 2 years from the date in which this Act comes into effect and thereafter cause to be published and put on sale either a corrected or an updated edition of the register every 2 years.
(3) Subject to provisions of this section, the Institute may make such other rules as may be expedient for the proper keeping of the register and making of entries therein.

Section 11: Registration.

A person shall be entitled to be registered as a member of the Institute under this Act if:(a) he or she holds a qualification obtained within or outside Nigeria and for the time being acceptable to the Institute; and
(b) he or she is of good character.

Section 12: Approval of Courses and Accreditation.

The Institute may:(a) approve a course oftraining which is intended for persons seeking to become or are already registered members of the Institute;
(b) accredit any institute whether in Nigeria or elsewhere, which the Institute considers is properly organised and equipped for conducting the whole or any part of a programme of training approved by the Institute; and
(c) approve any qualification granted, as a result of an examination taken in a course of training approved by the Institute under this section, to candidates reaching a standard at an examination which in the opinion of the Institute, such candidates have sufficient knowledge and skill to practice safety management as a profession.

Section 13: Establishment of Safety Professionals Disciplinary Committee.

(1) There shall be the Safety Professionals Disciplinary Committee (in this Act referred to as "the Disciplinary Committee") which shall be charged with the duty of considering and determining cases of professional misconduct referred to it.
(2) The Disciplinary Committee shall consist of a chairman and four other members of the Board ofthe Institute appointed by the Board.
(3) The quorum of the meeting of the Committee shall be three members, including the Chairman or, in his or her absence, his or her nominee.
(4) The Disciplinary Committee shall conduct investigations into any allegation against any registered member of the Institute for professional misconduct or such other conduct that warrants proceedings against him or her or before the Disciplinary Committee and shall make determination as to his or her guilt or innocence.
(5) Where the Disciplinary Committee determines that a registered 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 :
(a) reprimand;
(b) suspended for a period not exceeding 12 months; or
(c) deregistered, that is to say have his or her name removed from the register.
(6) The Board of the Institute may make rules not inconsistent with this Act as to acts which constitute professional misconduct.
(7) If a member is convicted of a criminal offence by a court or tribunal of competent jurisdiction, he or she shall have his or her name removed from or struck out of the register.
(8) A person whose name is removed from the register in pursuance of a directive of the Board under this section the person 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 or her name was removed from the register.

Section 14: Offences and Penalties.

(1) A person who is not registered by the Institute but holds himself or herself out as a registered safety professional is been guilty of an offence.
(2) A person who, for the purpose of procuring registration as a safety professional:
(a) makes false claim as to his or her qualifications or experiences;
(b) makes false entry or willfully falsifies the register, is guilty of an offence.
(3)
A person who commits an offence under this Act is liable on conviction to:
(a) a fine not exceeding N 100,000.00 or imprisonment for a term not exceeding 6 months or both such fine and imprisonment for an individual; or
(b) a fine of not less than N500,000.00 for a corporate organization.

Section 15: Regulations.

The Board shall have powers to make regulations and rules for such incidental and supplementary matters as it may, from time to time, consider expedient for the purposes of this Act.

Section 16: Interpretation.

In this Act:
"*approved*" means for the time being approved under section 12 of this Act;
"*approved Safety Professional Qualification*" means a qualification which is approved in "respect of the safety professional;
"*Board*" means the governing Board of the Institute established by section 5(1) of this Act;
"*Disciplinary Committee*" means the Safety Professionals Disciplinary Committee set up under section 13( I) of this Act;
"*Register*" means the register prepared and maintained under this Act;
"*registered*" means registered as a member of the Institute in accordance with section II of this Act; and
"*Safety Professional*" means any person qualified in an engineering discipline, occupational health sciences, environmental 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.

Section 17: Citation.

This Act may be cited as the Institute of Safety Professionals of Nigeria Act, 2014.