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Cap. 646 · Health And Safety At Work Act (Cap. 646)

Cap. 646 Art. 19Powers of officers.

PART V

In KraftAmtlicher Text

(1) An officer shall have the following powers:

(a) to enter freely and without previous notice in any workplace, at any time of day or night;

(b) to request the assistance of a member of the Police Force in the execution of his duties;

(c) to question, alone or in the presence of witnesses, including the person that put forward the complaint, any employer or worker, including any person acting on behalf of any employer or carrying out work for such employer, if such is the case, on any of the matters falling under this Act or under any regulations made thereunder;

(d) to inspect any book, document, design, plan or list of technical specifications which may provide information or clarification with regard to health and safety at work at any particular workplace;

(e) to take possession, upon giving receipt therefor, of any object required for tests or as evidence of any accident, injury or disease at work, or of any alleged breach of this Act or of any regulations made thereunder;

(f) to examine or see to the examination of workplaces and of any object therein, and to take samples for examination of any article, substance or material found in any workplace or within its curtilage for the purpose of protecting health and safety at work, and to ensure that such samples are preserved for use as evidence in any proceedings in accordance with this Act or of any regulations made thereunder;

(g) to order that nothing be disturbed at a workplace for any period which may be reasonably required for the purpose of any examination, investigation or inspection referred to in this sub-article;

(h) to require the operation or the setting in motion of any equipment, machine, device, article or process, as well as the operation of any system or procedure which, in the opinion of the officer, may be relevant to any examination, investigation or inspection referred to in paragraphs (a) to (e);

(i) to require any employer to provide at his expense:

(i) a certificate signed by a Perit relating to the safety of any building or structure, including any temporary structures;

(ii) a certificate signed by a mechanical or electrical engineer regarding the safety of any mechanical or electrical installation, as the case may be, including any temporary installation;

(iii) a certificate signed by a medical practitioner relating to the health at work of any worker or any class of workers, which shall be presented to a medical officer of the Authority;

(iv) any information relative to health and safety at work, including information which refers to protective measures and any certificates duly signed by other persons competent in other areas ancillary to health and safety at work;

(j) to require any duty holder and, or employer, agent, manufacturer, importer, supplier, user or other person to provide at their expense any document, certificate or list of technical specifications in relation to any matter concerning health and safety at work, the method of handling or use of any plant, installation, equipment, machinery, article, substance or chemical which is used or intended to be used at work;

(k) for the purposes of a prosecution for any offence under this Act or of any regulations made thereunder, or for the purposes of any appeal to the Tribunal against an order by an officer, to disclose to the Court or to the Tribunal such results or information received or collected during the course of the investigations; and, or

(l) any other power as is reasonably necessary for the purpose of safeguarding health and safety at work.

(2) In the case of reasonable suspicion of an offence under this Act, a competent Court shall have the power and authority to give its consent to the entry by an officer in any workplace at all times.