Workplace Safety and Health Act · s 41

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

41.
Powers of inspectors
(1) An inspector shall, for the purposes of the execution of this Act, have power —
(a) to enter, inspect and examine any workplace at any time;
(b) at all reasonable times, to enter, inspect and examine any place which he has reasonable cause to believe to be —
(i) a workplace; or
(ii) a place of which a workplace forms a part;
(c) to inspect and examine any machinery, equipment, plant, installation or article in any place referred to in paragraph (a) or (b);
(d) to require the production of workplace records, certificates, notices and documents kept or required to be kept under this Act, and to inspect, examine and make copies of any of them;
(e) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with, so far as regards any workplace and any person at work;
(f) to require any person whom he finds in a workplace to give such particulars of the employer and the occupier of the workplace as are within his knowledge;
(g) in the case of an inspector who is a registered medical practitioner, to carry out on any person who is or had been working in a workplace such medical examination as may be necessary for the purposes of his duties under this Act;
(h) to take samples of any material or substance found in a workplace or being discharged from any workplace for the purpose of analysis or test;

Workplace Safety and Health 54
(i) to assess the levels of noise, illumination, heat or harmful or hazardous substances in any workplace and the exposure levels of persons at work therein;
(j) to require any hospital, medical clinic or mortuary to provide any information (including the medical records) of any person who is or had been working in a workplace who is injured in an accident in a workplace or who is suspected of suffering from an occupational disease contracted from a workplace and is receiving treatment at the hospital or medical clinic;
(k) to take such photographs or video-recordings as he thinks necessary to record the conditions in a workplace and the processes carried on therein which may be dangerous to the safety or health of the persons at work therein;
(l) to require any person to produce any article which is relevant to any investigation or inquiry under this Act and, if necessary, to take into custody any such article; and
(m) to require any person whom he finds in the workplace to produce evidence of his identity.
(2) Any person who is found in a workplace shall render all necessary assistance and co-operation to the inspector as is necessary for an entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of his powers under this Act in relation to that workplace.
(3) If entry to a workplace cannot be obtained, an inspector may —
(a) break open any outer or inner door or window leading to the workplace;
(b) forcibly enter such workplace and every part thereof; or
(c) remove by force any obstruction to his entry, inspection, examination or inquiry.
(4) Any person who —
(a) obstructs or delays an inspector in the exercise of any of his powers under this section;

Workplace Safety and Health
(b) fails to comply with any order of an inspector under this section, or fails to produce any record, certificate, notice or document which he is required by or under this Act to produce;
(c) withholds any information as to who the employer or occupier of the workplace is; or
(d) conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 41Powers of inspectors

(1)

An inspector shall, for the purposes of the execution of this Act, have power —

(a)

to enter, inspect and examine any workplace at any time;

(b)

at all reasonable times, to enter, inspect and examine any place which he has reasonable cause to believe to be —

(i)

a workplace; or

(ii)

a place of which a workplace forms a part;

(c)

to inspect and examine any machinery, equipment, plant, installation or article in any place referred to in paragraph (a) or (b);

(d)

to require the production of workplace records, certificates, notices and documents kept or required to be kept under this Act, and to inspect, examine and make copies of any of them;

(e)

to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with, so far as regards any workplace and any person at work;

(f)

to require any person whom he finds in a workplace to give such particulars of the employer and the occupier of the workplace as are within his knowledge;

(g)

in the case of an inspector who is a registered medical practitioner, to carry out on any person who is or had been working in a workplace such medical examination as may be necessary for the purposes of his duties under this Act;

(h)

to take samples of any material or substance found in a workplace or being discharged from any workplace for the purpose of analysis or test;

Workplace Safety and Health 54

(i)

to assess the levels of noise, illumination, heat or harmful or hazardous substances in any workplace and the exposure levels of persons at work therein;

(j)

to require any hospital, medical clinic or mortuary to provide any information (including the medical records) of any person who is or had been working in a workplace who is injured in an accident in a workplace or who is suspected of suffering from an occupational disease contracted from a workplace and is receiving treatment at the hospital or medical clinic;

(k)

to take such photographs or video-recordings as he thinks necessary to record the conditions in a workplace and the processes carried on therein which may be dangerous to the safety or health of the persons at work therein;

(l)

to require any person to produce any article which is relevant to any investigation or inquiry under this Act and, if necessary, to take into custody any such article; and

(m)

to require any person whom he finds in the workplace to produce evidence of his identity.

(2)

Any person who is found in a workplace shall render all necessary assistance and co-operation to the inspector as is necessary for an entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of his powers under this Act in relation to that workplace.

(3)

If entry to a workplace cannot be obtained, an inspector may —

(a)

break open any outer or inner door or window leading to the workplace;

(b)

forcibly enter such workplace and every part thereof; or

(c)

remove by force any obstruction to his entry, inspection, examination or inquiry.

(4)

Any person who —

(a)

obstructs or delays an inspector in the exercise of any of his powers under this section;

Workplace Safety and Health

(b)

fails to comply with any order of an inspector under this section, or fails to produce any record, certificate, notice or document which he is required by or under this Act to produce;

(c)

withholds any information as to who the employer or occupier of the workplace is; or

(d)

conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.