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PART 111-ADMINISTRATION |
The Labour
Commissioner and labour officers |
8 (1) There shall be appointed in the public
service an officer to be
designated as the Labour Commissioner (in this Act otherwise referred to as the "Commissioner"), and other public officers subordinate to him, who shall be responsible for the effective administration and application of this Act. (2) Without derogating from the generality
of subsection (1), the
(a) inspecting
places of work as often and as thoroughly as is
(b) supplying
relevant technical information and advice to employers,
(c) making proposals for the periodic review of this Act; (d)
the making of such reports as he shall consider appropriate
(e)
any other matter that shall require administration under this
(3) The Commissioner may,
in writing, authorize any public officer
(4) In the performance
of his duties under this Act, the Commissioner
(a) the general and special directions of the Minister; and
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No. 19 of 1994 |
(b) for avoidance of doubt, the provisions of the Public Service
Act. (5) This Act shall
be enforced by labour officers, acting subject
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Powers of
labour officers |
9. (1) A labour officer-
(a) may, subject to paragraph (c), enter any workplace freely and without prior notice at any hour of the day or night; (b)
may, subject to paragraph (c), enter by day any premises
(c) shall not enter the private home of an employer pursuant to
(d) may, in general, carry out any examination, test or enquiry
(i) interrogate, alone or in the presence of witnesses, the
(ii) require the production of any records, books, registers or
(iii) enforce the posting of any notices required by this Act
(iv) take or remove, for purposes of analysis, samples of
(e) may require from employers and employees information as
(f) may inspect any record of accidents or occupational disease
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No. 21 of 1997 |
Occupational Safety, Health and Welfare Act or any other law
and require from an employer information as to the causes and circumstances relating to any accident or occupational disease that may have occurred on the employer's premises or in the course of employment;
(g) may be accompanied by a member of the police force if he
(h) may take steps with a view to remedying defects observed
(2)
In order to enable a labour officer to take steps under subsection
(a) such alteration to the plant installation or layout, to be carried
(b) in the event of imminent danger executory force the
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Labour Officer
to notify employer of his presence |
10. A Labour Officer shall, when on an inspection visit, notify
the employer
or the employer's representative of his presence, unless the labour officer considers that such notification may be prejudicial to the Performance of his duties. |
Free access and
assistance to a labour officer |
11. An employer shall-
(a) grant an employee every opportunity
and necessary facilities for
(b) when so requested, afford every reasonable
assistance to a
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Prohibition
against victimization |
12. No employer shall inflict a disadvantage on an employee for anything
done by the employee in pursuance of the provisions of this Part. |
Prohibition
against revealing secret information |
13. (1) No labour officer shall, while in office or subsequently, reveal
any
manufacturing or commercial secret or working process which comes to his knowledge in the course of his duties. (2) A labour officer shall treat as absolutely confidential the source of any complaint bringing to his notice a contravention of this Act and shall not reveal to the employer or the employer's representative that inspection was made in consequence of the receipt of a complaint that a breach of this Act appeared to have been committed. |
Prohibition against
conflict of interest |
14. A labour officer shall not have any interest, direct or indirect,
in the
undertakings under his supervision. |
Assistance to
small enterprises |
15. In exercise of his powers, a Labour Officer shall take into account
the size,
capitalization and degree of formality of the operation of undertakings under his supervision and shall make all efforts to assist smaller and informal enterprises in understanding and complying with this Act and any other law relating to the employment of persons. |
Reports | I.6. (1) A labour officer shall within thirty days of conducting
an inspection
submit to the Regional Labour Officer a report in respect thereof. (2) In addition to reports referred to
in subsection (1), a labour
(4) The reports referred to insubsections
(1) and (2) shall be
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Annual
general report |
17. (1) The Commissioner shall publish an annual general
report on the
work of the inspection service. (2) The annual report shall be published within a reasonable time after the end of the year to which it relates and, in any case, within twelve months after the end of the year. (3) The annual general report
shall be circulated to all registered
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Content of
the annual general report |
18. The annual general report referred to in section 17 shall
deal with all
subjects under the control of the Commissioner including- (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces
liable to inspection and the number
(d) statistics of inspection visits; (e) statistics of violations
and penalties imposed in respect of the
(f) statistics of industrial accidents; and (g) statistics of occupational
diseases.
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Identity Card | 19. Every Labour Officer shall be furnished by the Secretary
responsible for labour matters with an identity card and shall, if so required in the course of exercising his duties under this Act, pro- duce the card. |
Obstruction,
etc of labour Officers |
20. Any person who-
(a) wilfully obstructs a labour officer in the exercise of any of the powers conferred upon him by this Act; (b) fails to comply with any lawful
requirement or order of a
(c) prevents or attempts to prevent
any employee from being examined
(d) fails to produce any book,
register or other document upon being so
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