Amended Occupational Health and Safety Act
30. Special powers of inspectors
30. Special powers of inspectors
(1) (a)
Whenever an employer performs an act or requires or permits an act to
be performed, or proposes to perform an act or to require or permit an
act to be performed, which in the opinion of an inspector threatens or
is likely to threaten the health or safety of any person, the inspector
may in writing prohibit that employer from continuing or commencing
with the performance of that act or from requiring or permitting that
act to be continued or commenced with, as the case may be.
(b) Whenever a user of plant or machinery uses or proposes to
use any plant or machinery, in a manner or in circumstances which in
the opinion of an inspector threatens or is likely to threaten the
health or safety of any person who works with such plant or machinery
or who is or may come within the vicinity thereof, the inspector may in
writing prohibit that user from continuing or commencing with the use
of such plant or machinery or in that manner or those circumstances, as
the case may be.
(c) An inspector may in writing prohibit an employer from
requiring or permitting an employee or any employee belonging to a
category of employees specified in the prohibition to be exposed in the
course of his employment for a longer period than a period specified in
the prohibition, to any article, substance, organism or condition which
in the opinion of an inspector threatens or is likely to threaten the
health or safety of that employee or the employee belonging to that
category of employees, as the case may be.
(d) A prohibition imposed under paragraph (a), (b) or (c) may
at any time be revoked by an inspector in writing if arrangements to
the satisfaction of the inspector have been made to dispose of the
threat which gave rise to the imposition of the prohibition.
(2) In
order to enforce a prohibition imposed under subsection (1) (a) or (b),
an inspector may block, bar, barricade or fence off that part of the
workplace, plant or machinery to which the prohibition applies, and no
person shall interfere with or remove such blocking, bar, barricade or
fence.
(3)
Whenever an inspector is of the opinion that the health or safety of
any person at a workplace or in the course of his employment or in
connection with the use of plant or machinery is threatened on account
of the refusal or failure of an employer or a user, as the case may be,
to take reasonable steps in the interest of such person's health or
safety, the inspector may in writing direct that employer or user to
take such steps as are specified in the direction within a specified
period.
(4)
Whenever an inspector is of the opinion that an employer or a user has
failed to comply with a provision of a regulation applicable to him,
the inspector may in writing direct that employer or user to take
within a period specified in the direction such steps as in the
inspector's opinion are necessary to comply with the said provision,
and are specified in the direction.
(5) A
period contemplated in subsection (3) or (4) may at any time be
extended by an inspector by notice in writing to the person
concerned.
(6) An
employer shall forthwith bring the contents of a prohibition, direction
or notice under this section to the attention of the health and safety
representatives and employees concerned.
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