Singapore legislation

Section 26

of Workplace Safety and Health Act 2006

Section 26

Minister may direct inquiry to be held

Amended by5/2014

(1)

The Minister may appoint an Inquiry Committee to hold an inquiry into any accident, dangerous occurrence or occupational disease that has occurred in a workplace and into its causes and circumstances, and direct that the Committee reports its findings to the Minister.

(2)

The Inquiry Committee mentioned in subsection (1) must comprise —

(a)

a District Judge appointed by the Minister after consulting the Presiding Judge of the State Courts; and

(b)

one or more assessors appointed by the Minister.

Amended by5/2014

(3)

The Inquiry Committee must hold the inquiry in open court in such manner and under such conditions as it thinks most effectual for —

(a)

ascertaining the causes and circumstances of the accident, dangerous occurrence or occupational disease; and

(b)

enabling it to make the report to the Minister.

(4)

The Inquiry Committee has, for the purposes of the inquiry —

(a)

all the powers of a District Court when trying offences under this Act;

(b)

all the powers of an inspector under this Act; and

(c)

all of the following powers:

(i)

to enter and inspect any premises, the entry or inspection of which appears to the Inquiry Committee requisite for the purposes of the inquiry;

(ii)

by summons signed by the District Judge, to require attendance of all such persons as the Inquiry Committee thinks fit to call before it and examine and to require answers or returns to such inquiries as it thinks fit;

(iii)

to require the production of all books, papers and documents which the Inquiry Committee considers important for the purposes of the inquiry; and

(iv)

to administer oaths and to require any person examined to make and sign a declaration of the truth of the statements made by the person in the person’s examination.

(5)

Upon conclusion of its inquiry, the Inquiry Committee must make a report to the Minister —

(a)

stating the causes and circumstances of the accident, dangerous occurrence or occupational disease; and

(b)

adding any observations or recommendations which the Inquiry Committee thinks appropriate to make.

(6)

If the District Judge is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident, dangerous occurrence or occupational disease, the District Judge is to also forward a copy of the report to the Public Prosecutor.

(7)

Any person who —

(a)

fails to comply with any summons, order or requisition of the District Judge; or

(b)

prevents or impedes the Inquiry Committee in the execution of its duties,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(8)

It is a defence for a person charged with an offence under subsection (7)(a) to prove that the person had a reasonable excuse for failing to comply with the summons, order or requisition of the District Judge.

(9)

The Minister may cause the report of the Inquiry Committee to be made public at such time and in such manner as the Minister thinks fit.

Read in full context — Workplace Safety and Health Act 2006 →