Section 10: Labour Officer Powers to Inspect Workplaces
10.Powers of labour officer
(1)A labour officer is empowered—
(a)to enter freely and without previous notice at any hour of the day or night, any workplace for inspection;
(b)to enter by day, any premises which he or she may have reasonable cause to believe to be liable to inspection; and
(c)to carry out any examination, test or inquiry which he or she may consider necessary in order to satisfy himself or herself that the legal provisions are being strictly observed, and in particular—
(i)to question, alone or in the presence of witnesses, the employer or the staff of the undertaking, on any matters concerning the application of this Act, or other legal provisions made under this Act;
(ii)to require the production of any books, registers or other documents the keeping of which is prescribed by law in order to ascertain whether they are in conformity with the legal provisions, and to copy those documents or make extracts from them;
(iii)to enforce the posting of notices required by law; and
(iv)to take or remove for purposes of analysis, samples of materials and substances used or handled, subject to the employer or his or her representative being notified of any samples or substances taken or removed for that purpose.
(2)Notwithstanding subsection (1), a labour officer shall, where he or she believes that there is a present or imminent danger to the health or safety of the workers, close the workplace without the prior approval of the Commissioner except that the labour officer shall inform the Commissioner within forty-eight hours of the closure of the workplace.
(3)A labour officer may by order, and after the approval of the Commissioner—
(a)require an employer to remedy any defect in the plant layout or working methods which, in the opinion of the labour officer, constitutes a threat to the health or safety of the workers; and
(b)close down a workplace or discontinue any work process if he or she is of the opinion that there is imminent danger to the health or safety of the workers.
(4)An order made under subsections (2) and (3) shall be subject to appeal before the Industrial Court.
(5)Except where a labour officer considers it to be prejudicial to the performance of his or her duties, a labour officer shall notify the employer, or their representative immediately on his or her arrival at a working place, for purposes of an inspection visit.
(6)A labour officer acting in good faith is not liable for any loss or cause of action that may arise out of his or her carrying out of the provisions of this section.
Plain English Summary
A labour officer can enter any workplace without warning to inspect for safety and law compliance. They can question employers and workers, check docu...
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