Singapore legislation

Clause 68

Powers of Commissioner and investigation officers

(1)

For the purposes of the execution of this Act, the Commissioner and any investigation officer have the following powers:

(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 Commissioner or an investigation officer 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)

where the Commissioner, or an investigation officer, is a health professional, 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 this Act;

(e)

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

(f)

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;

(g)

to take such photographs or video recording as the Commissioner or investigation officer thinks necessary of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act;

(h)

to take into custody any article in the workplace which is relevant to the carrying out of the provisions of this Act.

(2)

For the purposes of the execution of this Act, the Commissioner or an investigation officer may —

(a)

examine orally any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act, and reduce to writing any statement made by that person;

(b)

require any person who appears to be acquainted with any facts and circumstances relevant to the carrying out of the provisions of this Act to attend at such time and place as may be specified in a notice served on the person; and

(c)

require any person, whom the Commissioner or investigation officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document to the Commissioner or investigation officer.

(3)

A person examined under subsection (2)(a) must state truly the facts and circumstances relevant to the carrying out of the provisions of this Act with which the person is acquainted, except only that the person may decline to make any statement that would tend to incriminate the person or expose the person to penalty.

(4)

A statement made under subsection (2)(a) by any person must be read to the person and, after correction, if necessary, be signed by the person.

(5)

If any person fails to attend as required by a notice under subsection (2)(b), the Commissioner or investigation officer may report the failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the notice.

(6)

A person who wilfully —

(a)

obstructs or delays the Commissioner or an investigation officer in the exercise of his or her powers under this section;

(b)

fails to produce any document which that person is required to produce under subsection (2)(c);

(c)

withholds any information that the person is required to give under subsection (2)(a); or

(d)

conceals or prevents any person from appearing before the Commissioner or an investigation officer,shall be guilty of an offence and shall be liable on conviction —

(e)

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or

(f)

if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

(7)

A person is a repeat offender in relation to an offence under subsection (6) if the person who is convicted of an offence under subsection (6)(a), (b), (c) or (d) has been convicted on at least one other earlier occasion of —

(a)

an offence under subsection (6)(a), (b), (c) or (d); or

(b)

an offence under section 35(2)(e) of the repealed Act, whether the conviction was before, on or after the date of commencement of this section.

Read in full context — Work Injury Compensation Bill →