Workplace Safety and Health Act · s 26

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)

26.
Minister may direct inquiry to be held
(1) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, appoint an Inquiry Committee to hold an inquiry into any accident, dangerous occurrence or occupational disease that has occurred

Workplace Safety and Health 42
in a workplace and into its causes and circumstances, and direct that the
Committee reports its findings to the Minister.
(2) The Inquiry Committee shall hold the inquiry in a place to which the public generally may have access in such manner and under such conditions as it thinks most effectual for —
(a) ascertaining the causes and circumstances of the accident, dangerous occurrence or occupational disease; and
(b) enabling it to make the report to the Minister.
(3) The Inquiry Committee shall have, for the purposes of the inquiry —
(a) all the powers of a Court of a Magistrate;
(b) all the powers of an inspector under this Act; and
(c) all of the following powers —
(i) to enter and inspect any premises, the entry or inspection of which appears to the Inquiry Committee necessary for the purposes of the inquiry;
(ii) by summons to require attendance of all such persons as the Inquiry Committee thinks fit to call before it and examine and to require answers or returns to such inquiries as it thinks fit;
(iii) to require the production of all books, papers and documents which the Inquiry Committee considers important for the purposes of the inquiry; and
(iv) to administer oaths and to require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.
(4) Upon conclusion of its inquiry, the Inquiry Committee shall make a report to the Minister —
(a) stating the causes of the accident, dangerous occurrence or occupational disease and their circumstances; and

Workplace Safety and Health
(b) adding any observations or recommendations which it thinks appropriate to make.
(5) If the Inquiry Committee is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident, dangerous occurrence or occupational disease, he shall forward a copy of the report to the Public Prosecutor.
(6) Any person who —
(a) fails to comply with any summons, order or requisition of the Inquiry Committee; or
(b) prevents or impedes the Inquiry Committee in the execution of its duties, is guilty of an offence and liable on conviction to a fine not exceeding $2,000.
(7) It shall be a defence for a person charged with an offence under subsection (6)(a) to prove that he had a reasonable excuse for failing to comply with the summons, order or requisition of the Inquiry Committee.
(8) The Minister may cause the report of the Inquiry Committee to be made public at such time and in such manner as he thinks fit.

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 26Minister may direct inquiry to be held

(1)

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, appoint an Inquiry Committee to hold an inquiry into any accident, dangerous occurrence or occupational disease that has occurred

Workplace Safety and Health 42

in a workplace and into its causes and circumstances, and direct that the

Committee reports its findings to the Minister.

(2)

The Inquiry Committee shall hold the inquiry in a place to which the public generally may have access in such manner and under such conditions as it thinks most effectual for —

(a)

ascertaining the causes and circumstances of the accident, dangerous occurrence or occupational disease; and

(b)

enabling it to make the report to the Minister.

(3)

The Inquiry Committee shall have, for the purposes of the inquiry —

(a)

all the powers of a Court of a Magistrate;

(b)

all the powers of an inspector under this Act; and

(c)

all of the following powers —

(i)

to enter and inspect any premises, the entry or inspection of which appears to the Inquiry Committee necessary for the purposes of the inquiry;

(ii)

by summons to require attendance of all such persons as the Inquiry Committee thinks fit to call before it and examine and to require answers or returns to such inquiries as it thinks fit;

(iii)

to require the production of all books, papers and documents which the Inquiry Committee considers important for the purposes of the inquiry; and

(iv)

to administer oaths and to require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.

(4)

Upon conclusion of its inquiry, the Inquiry Committee shall make a report to the Minister —

(a)

stating the causes of the accident, dangerous occurrence or occupational disease and their circumstances; and

Workplace Safety and Health

(b)

adding any observations or recommendations which it thinks appropriate to make.

(5)

If the Inquiry Committee is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident, dangerous occurrence or occupational disease, he shall forward a copy of the report to the Public Prosecutor.

(6)

Any person who —

(a)

fails to comply with any summons, order or requisition of the Inquiry Committee; or

(b)

prevents or impedes the Inquiry Committee in the execution of its duties, is guilty of an offence and liable on conviction to a fine not exceeding $2,000.

(7)

It shall be a defence for a person charged with an offence under subsection (6)(a) to prove that he had a reasonable excuse for failing to comply with the summons, order or requisition of the Inquiry Committee.

(8)

The Minister may cause the report of the Inquiry Committee to be made public at such time and in such manner as he thinks fit.