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Labour Code - Enforcement Powers
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Inspection and Enforcement Powers

The Labour Code is enforced by the same factory inspectors that enforced the Factories Act and other labour legislation.

Section 319 of the Code sets out the powers that these inspectors have to determine whether there is compliance with the law. These include: power to enter and inspect any part of an establishment at any reasonable time; require the production of registers etc; make any examination and enquiries necessary to determine compliance; take statements from any person employed in the establishment or has been within previous two month period; require person to sign any statement that they have given; seize any documents etc;

An inspector can also during normal working hours takes a sample of a substance suspected of being involved in the contravention of a provision of a code or likely to cause injury to the health of workers.

To download these sections in full, click here.

Enforcement Powers
Inspectors also have a number of powers to either order improvements to be made, to require work to be stopped or require information to be provided. The situations in which these powers can be used are summarised below.

To download the text of these sections in full, click here.

Section Power
61(1) Where an inspector considesr that the condition of any part of a building or its machinery is ‘dangerous to human life or safety’ the inspector can order an employer in writing to make specified changes within a specified period of time.
61(2) Where an inspector considers that the use of any part of a building or machinery “involves imminent danger to human life or safety” he can order an employer not to use it until is has been properly repaired or altered.
62(1) Where an inspector finds that an establishment is not provided with a separate fire escape as required by section 62(1), he can serve an order on the establishment specifiying the measures that should be taken within a specified time period.
76 Where an inspector considers that a machine, plant or part of a building is dangerous to human life or safety, and inspector can order the employer to provide him or her drawings or carry out tests.
85(1) Where the inspector considers that a situation exists within an establishment that is dangerous to life and safety of people or is so faulty that it may cause physicial injury to the human being, the inspector will write to the employer and direct the employer to rectify it in a particular way and in a particular period..
85(2) The inspector may prohibit the owner of an establishment from demolishing any pillar or part of it which is likely to result in in the fall of another pillar is is dangerous to it.
85(3) Where an inspector considers that the life and safety of a worker is ‘under imminent danger’, he may inform the owner in writing and prohibit the employment of any workers in that establishment until the danger has been removed.

In addition, the Chief Inspector has two further specialised powers:

Section Obligation
36(3 Chief Inspector can require that notice specifiying the maximum number of workers should be poseted in each workroom of an establishment )
  Chief Inspector may permit the continued use of a hoist or lift installed before the commencment of this code which does not fully comply with the provisiose set out in section 69, upon such conditions as he considersa propirate to impose.

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Page last updated on April 26, 2007