PART XVI – LABOUR INSPECTION
Labour inspection
There shall be carried out inspection to
- secure the enforcement of the provisions of this Act relating to conditions of work and the protection of workers at their workplaces, including the provisions relating to hours of work, wages, safety, health and welfare of the workers and the employment of young persons;
- provide technical information and advice to employers and workers concerning the most effective means of complying with the provisions of this Act;
- bring to the notice of the Labour Department or the Commission any defects of this Act; and
- report to the Labour Department or the Commission other unfair labour practices or abuses not specifically provided for by this Act.
Appointment of Inspector
Inspectors shall be appointed by the appointing authority of the Civil Service for the purposes specified in this Act.
Powers of labour inspectors
An inspector has power to
- enter freely and without notice at any hour of the day or night to inspect any workplace during working hours;
- enter during the day or night any premises which the inspector has reason to believe are subject to inspection;
- carry out any examination, test or inquiry the inspector considers necessary in order to ensure that the provisions of this Act and Regulations made under this Act are complied with;
- interview, either alone or in the presence of witnesses, any employer or worker on any matter concerning the application and compliance with the provisions of this Act and Regulations made under it;
- require the production of any books, registers or other documents which relate to the terms and conditions of employment of the workers, in order to ascertain that these are in conformity with this Act and Regulations made under it and to copy the documents or make extracts from them;
- enforce the posting of notices required by or under this Act;
- take or remove for purposes of analysis samples of materials and hazardous or chemical substances used or handled by workers in the course of their employment; and
- direct employers to carry out alterations to buildings, installations and plant necessary to avert any danger or threat of danger to the health or safety of the workers within such period as may be specified in the direction, but no such period shall be allowed if the inspector is of the opinion that there is an imminent danger to the health or safety of the workers.
An employer who is directed under subsection (1) (h) to carry out any
alterations may,
- where the period within which the alterations are to be carried out is specified, appeal to the Minister against the direction within seven days before the expiration of the period; or
- where no period is specified, appeal not later than seven days after the direction, against the direction, to the Minister
The decision of the Minister on the appeal shall subject to any other law be final, and the employer shall abide by the decision and any related consequential order made.
Where an appeal is lodged under subsection (2) the Minister shall direct the employer to take such interim measures as the employer considers necessary to avert any danger or threat of danger to the health or safety of the workers pending the determination of the appeal.
An employer directed under subsection (1) (h) to carry out any alterations who does not appeal to the Minister against the direction shall
- in the case of imminent danger to health or safety of workers, carry out the alterations immediately; or
- where the period for the carrying out of the alterations, is specified, carry out the alterations before the expiration of the period.
An employer who fails to comply with a decision or order of the Minister or an inspector under subsection (2) or (4) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units and in addition shall be liable to pay compensation to any person who proves that he or she has suffered any loss, damage or injury as a result of the non-compliance by the employer.
Inspectors to maintain confidentiality
An inspector shall not
- have direct or indirect interest in any undertaking he or she is required to inspect;
- divulge during or after termination of his or her service, any manufacturing or commercial secrets or working processes or confidential information which may have come to his or her knowledge in the course of his or her duties;
- disclose the source of any complaint by which the inspector is informed of any contravention of the provisions of this Act or Regulations made thereunder or intimate to the employer or the employers’ representative that an inspection was carried out in consequence of such complaint.
An inspector who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 2 years or to both.
Obstruction of inspectors
Any person who willfully obstructs a labour inspector in the performance of his or her functions under this Act commits an offence, and is liable on summary conviction to a fine not exceeding 250 penalty units or to imprisonment not exceeding 12 months or both.
