Singapore legislation

Section 85

of Factories Act

Section 85

Powers of inspectors

Amended by19/7819/78

(1)

An inspector 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, by day or by night, a factory, and every part thereof when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day, any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used and to exercise such powers as may be necessary to inspect and examine any machinery, plant, appliance or fitting therein;

(b)

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

(c)

to require the production of factory records, certificates, notices and documents kept in pursuance of this Act and to inspect, examine and copy any of them;

(d)

to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act and of Parts VIII, IX, and XI of the Employment Act [Cap. 91] are complied with, so far as regards a factory and any person employed in a factory;

(e)

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

(f)

to examine orally any person supposed to be acquainted with the facts and circumstances of any accident or dangerous occurrence, or with respect to matters under this Act, and to reduce into writing any statement made by the person so examined; and such person shall be bound to state truly the facts and circumstances with which he is acquainted concerning the accident or dangerous occurrence, or with respect to matters under this Act, except only that he may decline to make with regard to any fact or circumstances a statement which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture; and a statement made as aforesaid by any person shall be read over to him and shall, after correction, if necessary, be signed by him;

(g)

to require by order in writing the attendance before himself of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of any accident or dangerous occurrence, or with respect to matters under this Act, and that person shall attend as so required; and if any person fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by such order as aforesaid;

(h)

in the case of an inspector who is a registered medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act;

(i)

to take samples of any material whether solid, liquid, gaseous or vaporous being discharged from a factory;

(j)

to take such photographs as he thinks necessary to record the conditions in a factory and the processes carried on therein which may be dangerous to the safety or health of the persons employed in the factory;

(k)

to take into custody any article in the factory which is required for the purpose of an investigation or inquiry under this Act and to release the article as soon as may be practicable after it has been examined and tested;

(l)

to require any person whom he finds in the factory to produce his identity card for inspection for the purpose of an investigation or inquiry under this Act.

Amended by19/78

(2)

The occupier of every factory, his agents and employees and any person who is found in a factory, shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of his powers under this Act in relation to that factory.

Amended by19/78

(3)

If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section or to produce any record, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory, or conceals or prevents or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act.

(4)

Where any inspector is obstructed in the execution of his powers or duties under this Act, the person obstructing him shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months.

(5)

Any certificate or notice issued by the Chief Inspector under the provisions of this Act may be issued for a limited period or without limit of period and may be varied or revoked by the Chief Inspector.[78