The Workplace Safety
And Health Act
26
Duties of safety and health officers
23
A safety and health officer shall
(a) make such inspections and inquiries, and carry out such tests, as he
deems necessary to ascertain whether compliance is being made with
the provisions of this Act and the regulations; and
(b) carry out such other duties as may be assigned to safety and health
officers under this Act or the regulations.
Powers of safety and health officers
24(1)
For the purpose of enforcing this Act and the regulations, a safety
and health officer may, at any reasonable time, or where in his
opinion a situation exists that is or may be dangerous at any time
(a) without a warrant and without prior notification enter any place or
premises in which he has reason to believe workers or self-employed
persons are working or were working, other than premises used for
personal residential purposes;
(b) under the authority of an order made under subsection (2), enter
any premises used for personal residential
purposes in which he has
reason to believe workers or self-employed persons are working or
were working;
(c) take with him any other person, and such equipment and materials,
as he needs to assist him; and arrange with the employer, or person
in charge of the
place or premises, for that other person to re-enter
alone to perform specified duties;
(d) make such examinations and investigations as he deems necessary
for determining the cause and particulars of
any accident or ill health
occurring to a worker, or self-employed person, and arising out of or
in connection with activities in the workplace, or for the prevention
of accidents or ill health arising out of or in connection with activities
in the workplace;
(e) take such measurements and photographs, make such tests and
recordings, and take such samples of articles or substances found in
the place or premises, or of the atmosphere in or near the place or
premises as he deems necessary;
(f) test or cause to be tested any equipment in the place or premises, or
for the purposes of testing, require the equipment to be removed to
a place designated by the director;
(f.1) require the employer or a person designated by the employer to
demonstrate the use of any machinery, equipment, appliance or thing
at
a workplace;
The Workplace Safety And Health Act
27
(g) cause any article, substance or sample taken pursuant to clause
(e), to be dismantled or subjected to any process or test but
not in such manner as to damage or destroy it unless under the
circumstances damage thereto is unavoidable or necessary;
(h) in the case of any article, substance or equipment mentioned in
clauses (e) and (g), to take possession thereof and detain it for
so long as is necessary for use as evidence in any proceedings or
prosecution
under this Act;
(i) require any documents, books, or records that relate in any
way to the safety and health in workplaces of workers, or self-
employed persons, to be produced for inspection and to make
copies thereof or take extracts therefrom;
(j) require any person to provide him with facilities or assistance with
respect to any matters or things within that person’s control, or in
relation to which that person has responsibilities;
(k) in conducting any inspection, inquiry,
investigation, or
examination under this section, or under section 23 require any
person, whom the officer has reasonable cause to believe to
possess any information respecting the conditions of workplace
safety, health and welfare, to attend an interview and to
provide full and correct answers, either orally or in writing, to
such questions as the officer thinks fit to ask; and the interview
shall take place in the absence of
persons other than a person
nominated by the person being interviewed to be present, and
any other person whom the officer may allow to be present;
(l) direct that any workplace, or part thereof, or anything therein, be
left undisturbed for such time as is reasonably necessary for any of
the purposes specified in clauses (d), (e) and (g);
(m) do such other things as may be authorized by the minister.
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