PART IX INSPECTIONS AND OTHER POWERS
OF ENFORCEMENT |
41.—(1) An inspector shall, for the purposes of the execution of this Act, have power to do all or any of the following:| (a) | to enter, inspect and examine at any time any workplace; | | (b) | to enter, inspect and examine at all reasonable times 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 paragraphs (a) and (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 a copy 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 examinations 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; | | (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 recording 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; | | (m) | to require any person whom he finds in the workplace to produce evidence of the person’s identity. [9/2008] |
| (2) Any person who is found in a workplace shall render all necessary assistance and co-operation to the inspector as are 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 such entry or search. |
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(4) Any person who —| (a) | obstructs or delays an inspector in the exercise of his power under this section; | | (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, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
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42.—(1) An inspector may, at any time after informing the occupier of a workplace or any person apparently in charge of the workplace, take for analysis sufficient samples of —| (a) | any substance used or intended to be used in the workplace; | | (b) | any substance found in the workplace that is required for the purposes of an investigation or inquiry under this Act; | | (c) | any substance the use or presence of which in the workplace is suspected to be prohibited under this Act; or | | (d) | any substance found in the workplace which, in his opinion, is likely or may prove on analysis to be likely to cause bodily injury to the persons at work in the workplace. |
(2) The occupier of a workplace or any person apparently in charge of the workplace may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into 3 parts, to mark and seal or fasten up each part in such manner as its nature permits, and —| (a) | to deliver one part to the occupier of the workplace or the person apparently in charge of the workplace; | | (b) | to retain one part for future comparison; and | | (c) | to submit one part to the Health Sciences Authority, or any testing laboratory as the Commissioner may appoint, for analysis. |
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| (3) A certificate purporting to be a certificate by an analyst employed by the Health Sciences Authority or the testing laboratory appointed by the Commissioner under subsection (2)(c) as to the result of an analysis of a sample under this section shall be admissible in any proceedings under this Act as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness. |
| (4) No person shall interfere with any equipment, instrument or device used for monitoring the workplace or taking samples for analysis. |
(5) Any person who —| (a) | contravenes subsection (4); or | | (b) | without the permission of the Commissioner, publishes or discloses to any person the results of any analysis made under this section, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| Power to examine and secure attendance |
43.—(1) An inspector may —| (a) | examine orally any person supposed to be acquainted with the facts and circumstances of any accident or dangerous occurrence or occupational disease occurring in the workplace, or with respect to any matter under this Act, and to reduce to writing any statement made by the person so examined; and | | (b) | require by order in writing the attendance before himself of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act and that person shall attend as so required. |
| (2) The person referred to in subsection (1)(a) shall be bound to state truly the facts and circumstances with which he is acquainted concerning matters under this Act, except only that he may decline to make with regard to any fact or circumstance, a statement which would have a tendency to expose him to a criminal charge, penalty or forfeiture. |
| (3) A statement made under this section by any person shall be read over to him and shall, after correction, if necessary, be signed by him. |
| (4) If any person fails to attend as required by an order under subsection (1)(b), the inspector may report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order. |
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| Competency of inspector as witness |
| 44. In any case where a prosecution under this Act is brought at the instance of, or is conducted by, an inspector, it shall not be an objection to the competency of an inspector to give evidence as a witness in any prosecution for an offence under this Act that the prosecution is brought at his instance, or conducted by him. |
| Persons not to reveal protected information |
45.—(1) If a person exercising any function under this Act as an inspector obtains protected information about the affairs of another person, he shall not disclose that protected information to any other person unless the disclosure —| (a) | is made with the written consent of the person to whom the information relates; | | (b) | is for the purpose of the administration or enforcement of this Act; or | | (c) | is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions. |
| (2) If any person acts in contravention of subsection (1), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
| (3) For the purpose of this section, the reference to a person disclosing any protected information includes his permitting any other person to have any access to any record, document or other thing containing that information which is in his possession or under his control by virtue of his being or having been an inspector. |
| (4) In this section, “protected information” means information the disclosure of which would, or could reasonably be expected to disclose a trade secret or to adversely affect a person in relation to the lawful business affairs of that person. |
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