POWERS of the OCCUPATIONAL SAFETY and HEALTH OFFICER PART III SECTION 32

(1) An occupational safety and health officer shall, for the purpose of the execution of this Act, have power to do all or any of the following things—

(a) to enter, inspect and examine, day or night, a workplace, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine, day, any place which he has reasonable cause to believe to be a workplace and any part of any building of which a workplace forms part and in which he has reasonable cause to believe that explosive, highly inflammable or any other hazardous materials are stored or used:

Provided that—

(i) an occupational safety and health officer shall, whenever it is practicable so to do and will not in his opinion defeat the object of his inspection, notify the occupier or some other person in authority at a workplace of his arrival at the workplace for the purpose of inspecting it;

(ii) when an occupational safety and health officer has inspected a workplace without having first given the notification referred to in paragraph (i) of this proviso, he shall, within a reasonable time after such inspection, inform the occupier and the Director in writing of the reason why no notification was given;

(b) with regard to any place of work which he has power to enter, to direct that those premises or any part of them or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation;

(c) to take such measurements and photographs and making such recordings as he may consider necessary for the purposes of any examinations or investigation under this Act;

d) to develop and print photographs of scenes of occupational accidents;

(e)  take and remove samples of any articles or substances found at any place of work which he has power to enter and of the atmosphere in or in the vicinity of such a place of work subject to the employer being notified of any sample so taken;

(f)  to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

(g)  to require the production of the registers, certificates notices and documents kept in pursuance of this Act and to inspect, examine and copy any of them;

(h) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act, and of the enactments for the time being is force relating to public health, are complied with, so far as respects a workplace and any persons employed in a workplace;

(i)   to require any person whom he finds in a workplace to give such information as it is in his power to give as to who is the occupier of the workplace;

(j)  to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a workplace, or whom he has reasonable cause to believe to be or to have been within the preceding six months employed in a workplace, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined; so, however, that no one shall be required  under this provision to answer any question or to give any evidence tending to incriminate himself;

(k)  in the case of an occupational safety and health officer who is a medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act; and

(l)  to exercise such other powers as may be necessary for the purposes of this Act.

(2) The occupier of every workplace, and his agents and servants, shall furnish the means required an occupational safety and health officer as necessary for an entry, inspection, examination or inquiry, or the taking of samples, or otherwise for the exercise of his powers, under

(3) An occupational safety and health officer shall in the case of any article found in any premises which he has power to enter, being an article or substance which appears to him to have caused or is likely to cause danger to safety or health, cause it to be dismantled or subjected to any process or test but not to damage or destroy it unless this is in the circumstances necessary.  (4) In the case of any article or substance specified in subsection (3) an occupational safety and health officer may take possession of it and detain it for so long as is necessary for any of the following purposes —

(a) To examine it and do to it anything which he has power to do under this Act;

(b) To ensure that it is not tampered with before his examination of it is completed;

(c) To ensure that it is available for evidence in any proceedings for an offence under this Act;

(d) To summon in writing any person whom he has reasonable cause to believe to be able to give any information relevant to any inspection, examination or investigation, to attend at a time and place specified and to give such information or to produce any relevant document.  this Act in relation to that workplace.

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