Singapore legislation

Section 41

of Workplace Safety and Health Act 2006

Section 41

Powers of inspectors

(1)

An inspector has, for the purposes of the execution of this Act, power to do all or any of the following:

(a)

to enter, inspect and examine at any time any workplace;

(b)

to enter, inspect and examine at all reasonable times any place which the inspector has reasonable cause to believe to be —

(i)

a workplace; or

(ii)

a place of which a workplace forms a part;

(c)

to inspect and examine any machinery, equipment, plant, installation or article in any place mentioned in paragraphs (a) and (b);

(d)

to require the production of workplace records, certificates, notices and documents kept or required to be kept under this Act, and to inspect, examine and make a copy of any of them;

(e)

to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with, so far as regards any workplace and any person at work;

(f)

to require any person whom the inspector finds in a workplace to give such particulars of the employer and the occupier of the workplace as are within the person’s knowledge;

(g)

in the case of an inspector who is a registered medical practitioner, to carry out on any person who is or had been working in a workplace such medical examinations as may be necessary for the purposes of the inspector’s duties under this Act;

(h)

to take samples of any material or substance found in a workplace or being discharged from any workplace for the purpose of analysis or test;

(i)

to assess the levels of noise, illumination, heat or harmful or hazardous substances in any workplace and the exposure levels of persons at work therein;

(j)

to require any hospital, medical clinic or mortuary to provide any information (including the medical records) of any person who is or had been working in a workplace who is injured in an accident in a workplace or who is suspected of suffering from an occupational disease contracted from a workplace and is receiving treatment at the hospital or medical clinic;

(k)

to take such photographs or video recording as the inspector thinks necessary to record the conditions in a workplace and the processes carried on therein which may be dangerous to the safety or health of the persons at work therein;

(l)

to require any person to produce any article which is relevant to any investigation or inquiry under this Act and, if necessary, to take into custody any such article;

(m)

to require any person whom the inspector finds in the workplace to produce evidence of the person’s identity.

(2)

Any person who is found in a workplace must render all necessary assistance and cooperation to the inspector as are necessary for an entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of the inspector’s powers under this Act in relation to that workplace.

(3)

If entry to a workplace cannot be obtained, an inspector may —

(a)

break open any outer or inner door or window leading to the workplace;

(b)

forcibly enter such workplace and every part thereof; or

(c)

remove by force any obstruction to such entry or search.

(4)

Any person who —

(a)

obstructs or delays an inspector in the exercise of the inspector’s power under this section;

(b)

fails to comply with any order of an inspector under this section, or fails to produce any record, certificate, notice or document which the person is required by or under this Act to produce;

(c)

withholds any information as to who the employer or occupier of the workplace is; or

(d)

conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Section 41 — Workplace Safety and Health Act 2006 | laws.sg