Singapore legislation

Clause 25

of Factories (Amendment) Bill

Clause 25

New section 78A

The principal Act is hereby amended by inserting immediately after section 78 thereof the following new section: —“Power to take samples78A.—

(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 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.(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 three 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 a Government Chemist for analysis.(3) A certificate purporting to be a certificate by the Government Chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible 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 under this Act, 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 two thousand dollars.”.