PART
XIV INSPECTION 65. Powers
of inspection and inquiry. The Director-General
shall have power to enter without previous notice at all times any
place of employment where he has reasonable grounds for believing that
employees are employed and to inspect any building occupied or used
for any purpose connected with such employment and to make any inquiry
which he considers necessary in relation to any matter within the provision
of this Act. Inspecting officer to notify presence. 66. Inspecting
officer to notify presence. On the occasion
of any inspection under this Part the Director-General shall where
practicable notify the owner or occupier of the place of employment,
and the employer of any employees employed thereat, of his presence
unless he has reasonable grounds for believing that such notification
might be prejudicial to the performance of his duties. 67. Powers
of inspecting officer. (1) In the
course of an inspection under this Part: (a) the
Director-General may examine orally any person whom he believes to
be acquainted with the facts and circumstances of any matter within
the provision of this Act; (b) the
person so examined shall be legally bound to answer truthfully all
questions put to him; (c ) the
Director-General examining a person under paragraph (a) shall first
inform that person of the provision of paragraph (b); (d) a
statement made by a person under this section shall, whenever possible,
he reduced into writing and signed by the person making it or affixed
with his thumb print, as the case may be, after it has been read
to him in the language in which he made it and after he has been
given an opportunity to make any correction he may wish; and (e)
any statement made and recorded under this section shall be admissible
as evidence in any proceedings in court. (2) Notwithstanding
subsection (1), a person examined under that subsection may refuse
to answer any question the answer in which would have a tendency to
expose him to a criminal charge or penalty or forfeiture. (3) The
Director-General, in addition to the powers conferred on him under
subsection (1), may; (a) require
the employer to produce before him all or any of the employees employed
by him together with any contracts of service, books of account of
wages, registers and other documents relating to the employees or
their employment and to answer such questions in respect of the employees
or the employment as he may think fit to ask; (b) copy
or make extracts from the contracts of service, books of account
of wages, registers and other documents relating to the employees
or their employment; (c ) take
possession of the contracts of service, books of account of wages,
registers and other documents relating to the employees or their
employment where, in this opinion: (i)
the inspection, copying or the making of extracts from the contracts
of service, books of account of wages, registers or other documents
cannot reasonably be undertaken without taking possession of them; (ii)
the contracts of service, books of account of wages, registers
or other documents may be interfered with or destroyed unless he
takes possession of them; or (iii)
the contracts of service, books of account of wages, registers
or other documents may be needed as evidence in any legal proceedings
under this Act. (4) Notwithstanding
subsection (3)(a), no employee shall be required to leave or to cease
from performing any work on which he is engaged if his absence or cessation
from such work would endanger life or property or seriously disrupt
any operation being carried on by him employer. 68. Officers
to be authorised by the Director-General. An officer
appointed under section 3(2) shall not exercise any of the powers of
the Director-General under this Part unless he is in possession of
an official identification card signed by the Director-General authorising
him to exercise such powers, and any officer so authorised shall produce
him official identification card on demand to the owner or occupier
of the place of employment and to the employer of any employees employed
thereat.
