21.—(1) This section shall apply if the Commissioner is satisfied that —
(a)
any workplace is in such condition, or is so located, or any part of the machinery, equipment, plant or article in the workplace is so used, that any work or process carried on in the workplace cannot be carried on with due regard to the safety, health and welfare of persons at work;
(b)
any person has contravened any duty imposed by this Act; or
(c)
any person has done any act, or has refrained from doing any act which, in the opinion of the Commissioner, poses or is likely to pose a risk to the safety, health and welfare of persons at work.
(2) Where this section applies, the Commissioner may serve a remedial order or a stop-work order in respect of a workplace on —
(a)
any person who is in control of the workplace, or the work or process carried out in the workplace;
(b)
any person whose duty under this Act is to ensure the safety, health and welfare of any person at work in the workplace; or
(c)
any person who poses or is likely to pose a risk to the safety, health and welfare of any person at work in the workplace.
(3) A remedial order under this section shall —
(a)
direct the person served with the order to take such measures, to the satisfaction of the Commissioner —
(i)
to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work;
(ii)
to comply with any duty imposed under this Act; or
(iii)
to do or refrain from doing any act referred to in subsection (1)(c); and
(b)
specify the date on which it is to take effect and the period (which shall run from the date the remedial order takes effect) within which any step required by the order shall be taken.
(4) A stop-work order shall —
(a)
direct the person served with the order to immediately cease to carry on any work or process —
(i)
indefinitely; or
(ii)
until such measures as are required by the Commissioner have been taken, to the satisfaction of the Commissioner, to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work; and
(b)
specify the date on which it is to take effect.
(5) The Commissioner may delegate the power to issue a remedial order or stop-work order to any Deputy Commissioner.
(6) Any person who fails to comply with a remedial order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.
(7) Any person who fails to comply with a stop-work order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part thereof during which the offence continues after conviction.
(8) Where any person fails to comply with a remedial order or stop-work order, the Commissioner may —
(a)
at all reasonable times enter upon the workplace and take such measures and do such work as may be necessary to give effect to the order; and
(b)
take appropriate measures to prevent —
(i)
unauthorised entry to any area; or
(ii)
unauthorised access to any machinery, equipment, plant or article affected by the order.
(9) Any costs and expenses incurred by the Commissioner under subsection (8) may be recovered as a debt due to the Government from the person served with the remedial order or stop-work order.
(10) Where the Commissioner has taken measures under subsection (8)(b) in respect of any area or machinery, equipment, plant or article, any person who, knowing that such measures have been taken, enters that area or gains access to that machinery, equipment, plant or article without the authorisation of the Commissioner 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.
Appeal from order made by Commissioner
22.—(1) Any person who is affected by any order made by the Commissioner under section 21 may, within 14 days of the date of service of the order, appeal to the Minister who may rescind or vary the order.
(2) Where an appeal is made to the Minister against any remedial order, that order shall not have effect pending the outcome of the appeal.
(3) Where an appeal is made to the Minister against any stop-work order, the affected person shall comply with the order pending the outcome of the appeal, and the stop-work order shall have effect until it is otherwise rescinded or varied.
Power to suspend certificate
23.—(1) The Commissioner may, if he thinks fit, suspend any certificate issued by him under this Act in respect of any work or workplace, and shall inform the person named in the certificate in writing of the suspension and also the reason for the suspension.
(2) Where any certificate is suspended under subsection (1), the person affected shall immediately cease to do any work at any workplace for which the certificate was required.
(3) Any person who contravenes subsection (2) 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.
