Clause 15

Upon receipt of information of an accident, the Chief Inspector may, if he thinks it necessary, instruct an inspector to visit the place where the accident has taken place to make a preliminary investigation of the circumstances and record in writing his findings upon such investigation.(2) Upon receipt of information of a dangerous occurrence, an inspector shall visit the place where the dangerous occurrence has taken place and shall make a preliminary investigation of the circumstances and record in writing his findings upon such investigation.Alteration or addition to machinery, equipment, etc.49B.—

No alteration or addition shall, without the consent of the Chief Inspector, be made to any machinery, equipment, plant or article which may have contributed to cause an accident resulting in the death of any person or a dangerous occurrence, nor shall any alteration or addition be made without such consent to the site of the fatal accident or the dangerous occurrence, except that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life and property.(2) It shall be presumed, unless it is proved to the contrary, that any alteration or addition as is referred to in subsection (1) of this section has been made by the occupier of the factory unless the occupier is not the employer of the injured or deceased person.Minister may direct inquiry to be held into accident and dangerous occurrence49C.—

If it appears desirable as a result of an investigation held under section 49A of this Act, the Chief Inspector shall furnish a full report of an accident or a dangerous occurrence to the Minister, and the Minister may, where he considers it expedient to do so, direct a Magistrate, with one or more assessors appointed by the Minister, to hold an inquiry into the accident or dangerous occurrence in a factory and of its causes and circumstances and the following provisions of this section shall have effect with respect to any such inquiry.(2) The Magistrate and the assessors so appointed shall hold the inquiry in open court in such manner and under such conditions as they think most effectual for ascertaining the causes and circumstances of the accident or the dangerous occurrence, and for enabling them to make the report required by this section.(3) The Magistrate and the assessors shall have for the purposes of the inquiry all the powers of a Magistrate’s Court when trying offences under this Act and all the powers of an inspector under this Act, and, in addition, power —

to enter and inspect any place or building, the entry or inspection of which appears to them requisite for the purposes of the inquiry;

by summons signed by the Magistrate to require attendance of all such persons as the Magistrate and the assessors think fit to call before them and examine and to require answers or returns to such inquiries as they think fit to make;

to require the production of all books, papers and documents which the Magistrate and the assessors consider important for the purposes of the inquiry; and

to administer oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.(4) The Magistrate and the assessors shall make a report to the Minister stating the causes and circumstances of the accident or dangerous occurrence and its circumstances, and adding any observations which the Magistrate and the assessors think right to make, and if the Magistrate is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident or dangerous occurrence, he shall also forward to the Public Prosecutor a copy of the said report.(5) Any person who without reasonable excuse (proof whereof shall lie on him) either fails to comply with any summons, order or requisition of the Magistrate, or prevents or impedes the Magistrate and the assessors in the execution of their duties shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.(6) The Minister may cause the report of the Magistrate and the assessors to be made public at such time and in such manner as he thinks fit.(7) The Chief Inspector may suspend the certificate of competency of any person pending an inquiry under this section and any criminal proceedings that may ensue, and for the period of suspension the person suspended shall deliver up his certificate of competency to the Chief Inspector and shall not take or be in control of any steam boiler; and any court, or, upon consideration of the finding of an inquiry under this section, the Minister, may suspend for such period as it or he (as the case may be) thinks fit, or cancel the certificate of competency of any person, and no person whose certificate of competency has been suspended or cancelled under this subsection shall take or be in control of any steam boiler during the period of the suspension or cancellation.”.