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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 ) |
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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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