Singapore legislation

Section 70

of Factories Act

Section 70

Power to take samples

Amended by19/78

(1)

An inspector may, at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any substance used or intended to be used in a factory, or any substance required for the purposes of an investigation or inquiry under this Act or which is a substance in respect of which he suspects a contravention of the provisions of this Act, or which in his opinion is likely or may prove on analysis to be likely to cause bodily injury to the persons employed.

Amended by19/78

(2)

The occupier or the foreman or other responsible person may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into 3 parts, to mark and seal or fasten up each part in such manner as its nature permits, and —

(a)

to deliver one part to the occupier, or the foreman or other responsible person;

(b)

to retain one part for future comparison; and

(c)

to submit one part to the Director of Scientific Services for analysis.

(3)

A certificate purporting to be a certificate by a Scientific Officer as to the result of an analysis of a sample under this section shall be admissible in any proceedings under this Act as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

(4)

It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.[63