PART 6 INVESTIGATIONS, INQUIRIES AND
REPORTING OF ACCIDENTS,
DANGEROUS OCCURRENCES AND
OCCUPATIONAL DISEASES |
| Investigation into accidents, dangerous occurrences, etc. |
| 24. Where the Commissioner becomes aware of any accident, dangerous occurrence or occupational disease in a workplace, the Commissioner may direct an inspector to investigate the circumstances of the accident, dangerous occurrence or occupational disease. |
| Alteration or addition to machinery, equipment, etc. |
25.—(1) A person must not, without the consent of the Commissioner —| (a) | alter, replace, remove or add to any machinery, equipment, plant or article which may have contributed to the cause of any accident resulting in the death of any person or any dangerous occurrence or occupational disease; or | | (b) | modify the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred. |
(2) The occupier of a workplace in which an accident, a dangerous occurrence or an occupational disease occurs must take all reasonable measures to prevent any person from —| (a) | altering, replacing, removing or adding to any machinery, equipment, plant or article which may have contributed to the cause of the accident resulting in the death of any person or the dangerous occurrence or occupational disease; or | | (b) | modifying the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred. |
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| (3) It is presumed, unless it is proved to the contrary, that any alteration, replacement, removal or addition as is mentioned in subsection (1) has been made by the occupier of a workplace. |
| (4) Nothing in subsection (1) or (2) operates to interfere with rescue work or work necessary for the general safety of life and property. |
| (5) Any person who contravenes subsection (1) and any occupier of a workplace who contravenes subsection (2) 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 12 months or to both. |
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| Minister may direct inquiry to be held |
26.—(1) The Minister may appoint an Inquiry Committee to hold an inquiry into any accident, dangerous occurrence or occupational disease that has occurred in a workplace and into its causes and circumstances, and direct that the Committee reports its findings to the Minister.(2) The Inquiry Committee mentioned in subsection (1) must comprise —| (a) | a District Judge appointed by the Minister after consulting the Presiding Judge of the State Courts; and | | (b) | one or more assessors appointed by the Minister. [5/2014] |
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(3) The Inquiry Committee must hold the inquiry in open court 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. |
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(4) The Inquiry Committee has, for the purposes of the inquiry —| (a) | all the powers of a District Court when trying offences under this Act; | | (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 requisite for the purposes of the inquiry; | | (ii) | by summons signed by the District Judge, 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 the person in the person’s examination. |
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(5) Upon conclusion of its inquiry, the Inquiry Committee must make a report to the Minister —| (a) | stating the causes and circumstances of the accident, dangerous occurrence or occupational disease; and | | (b) | adding any observations or recommendations which the Inquiry Committee thinks appropriate to make. |
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| (6) If the District Judge is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident, dangerous occurrence or occupational disease, the District Judge is to also forward a copy of the report to the Public Prosecutor. |
(7) Any person who —| (a) | fails to comply with any summons, order or requisition of the District Judge; or | | (b) | prevents or impedes the Inquiry Committee in the execution of its duties, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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| (8) It is a defence for a person charged with an offence under subsection (7)(a) to prove that the person had a reasonable excuse for failing to comply with the summons, order or requisition of the District Judge. |
| (9) The Minister may cause the report of the Inquiry Committee to be made public at such time and in such manner as the Minister thinks fit. |
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| Notification and reporting of accidents, dangerous occurrences, etc. |
27.—(1) The Minister may by regulations require an employer, an occupier, a registered medical practitioner or any other person to notify or to submit a report to the Commissioner in the event of an accident, a dangerous occurrence or an occupational disease in a prescribed workplace.| (2) Regulations made under subsection (1) may apply to a person who is an exempt person at work specified in the Sixth Schedule. [18/2011] |
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| Learning report of accident, etc. |
| 27A.—(1) Where the Commissioner considers it necessary in the interest of the public, or a section of the public, the Commissioner may prepare and publish a learning report on any accident, dangerous occurrence or occupational disease in a workplace that is the subject of an investigation under section 24. [44/2017] | (2) The sole objective of publishing a learning report is to prevent or minimise the recurrence of any accident, dangerous occurrence or occupational disease in a workplace, and not to apportion blame or liability. [44/2017] |
| (3) A learning report may be published before or after the conclusion of the investigation under section 24. [44/2017] |
| (4) To avoid doubt, every learning report is, for the purpose of any law, to be treated as prepared and published by and on behalf of the Government and in the service of the Government. [44/2017] |
(5) A learning report on an accident, a dangerous occurrence or an occupational disease in a workplace may —| (a) | contain an account of the accident, dangerous occurrence or occupational disease; | | (b) | specify the cause or causes of, and circumstances or factors leading to, the accident, dangerous occurrence or occupational disease insofar as they may be ascertained; | | (c) | contain an opinion by a person with technical or specialised knowledge of the machinery, equipment, plant, article, process, substance, work or workplace involved in the accident, dangerous occurrence or occupational disease; | | (d) | contain a warning of any danger or risk to the safety and health of persons at work or persons who may be affected by any undertaking carried on in the workplace; | | (e) | contain any recommendation to prevent or minimise the recurrence of any similar accident, dangerous occurrence or occupational disease in a workplace; and | | (f) | contain any other matter that the Commissioner considers relevant, taking into account the sole objective mentioned in subsection (2). [44/2017] |
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| Learning report, etc., not admissible in evidence |
| 27B.—(1) Subject to subsection (3), a learning report, or any draft of the learning report, is not admissible in evidence in any civil, criminal, arbitral or disciplinary proceedings before any court, tribunal or body, or any proceedings under the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act. [44/2017; 27/2019] (2) An inspector is, in any proceedings mentioned in subsection (1), not compellable —| (a) | to produce or answer questions about any document or part of a document made by the inspector and contained in a learning report, or in any draft of the learning report; or | | (b) | to give evidence on the preparation of a learning report, or any draft of the learning report. [44/2017] |
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(3) Subsections (1) and (2) do not apply to the following:| (a) | an inquiry under section 26; | | (b) | an inquiry under the Coroners Act 2010; | | (c) | an inquiry by a commission of inquiry or a committee of inquiry under the Inquiries Act 2007. [44/2017] |
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