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176.   General powers of authorised officers

Revised Laws of Saint Lucia (2021)

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176.   General powers of authorised officers

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    (1)   An authorized officer shall, for the purposes of this Part, have power—

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      (a)     where he or she has reasonable cause to believe that any place is an industrial establishment or that any person is employed in an industrial establishment, to enter, inspect and examine the industrial establishment or part of an industrial establishment as he or she deems fit;

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      (b)     where he or she has reasonable cause to believe that explosives or highly flammable materials or toxic substances are stored or used in any building of which an industrial establishment or workplace forms part, to enter, inspect and examine any part of that building as he or she deems fit;

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      (c)     to require the production of any registers, certificates, licences, records, reports, notices and documents kept under this Part and to inspect, examine and copy the same;

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      (d)     upon giving a receipt, to remove any register, certificate, licence, record, report, notice and document kept under this Part for the purpose of making copies of or extracts from them, and upon making copies or extracts, to promptly return the same to the person who produced or furnished them within 7 days of the removal;

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      (e)     to make such examination, inquiry or test as may be necessary to ascertain whether, in respect of any industrial establishment or its employees, or in respect of any prescribed occupation, the provisions of this Part and of the enactments for the time being in force relating to public health are being complied with;

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      (f)     to conduct tests, without unduly disturbing the workplace, of any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about a work place and for such purposes and, upon notifying the employer, or person having control of an industrial establishment to take and carry away samples as may be necessary;

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      (g)     to require in writing an employer or person having control of the industrial establishment to cause any tests described in paragraph (f) to be conducted, at the expense of the employer, by a person possessing such special expert or professional knowledge or qualifications as specified by the authorised officer and to provide, at the expense of the employer, a report or assessment by that person;

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      (h)     to require any person who the authorised officer finds in an industrial establishment to give such information as it is in that person's power to give as to who is the employer or person having control of the industrial establishment;

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      (i)     to examine any person who the authorised officer finds in an industrial establishment or whom the authorised officer has reason to believe to be an employee in that industrial establishment or to have been employed within the preceding 2 months in that industrial establishment or in respect of any prescribed occupation, and to require every such person to sign a declaration of the truth of the matters about which he or she is so examined;

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      (j)     to require, upon at least 24 hours notice to an employee that any equipment, machine, device, article or process be operated or set in motion or that a system or procedure be carried out that may be relevant to an examination, inquiry or test;

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      (k)     to require, in writing, an employer or person having control of the industrial establishment to have equipment, machinery or device tested, at the expense of the employer, by a professional engineer and to provide, at the expense of the employer, a report bearing the seal and the signature of the professional engineer stating that the equipment, machinery or device is not likely to endanger a worker;

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      (l)     to require in writing that any equipment or device not be used pending testing described in paragraph (k);

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      (m)     to require in writing that an employer or person having control of the industrial establishment to provide a report stating—

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        (i)     the load limits of a floor, roof, part of a building, structure or temporary structure,

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        (ii)     that a floor, roof, part of a building, structure or temporary structure is capable of supporting or withstanding the loads being applied to it or likely to be applied to it, or

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        (iii)     that a floor, roof, part of a building, structure or temporary structure is capable of supporting or withstanding all loads to which it may be subjected without causing the materials therein to be stressed beyond the allowable unit stresses established under any building code or law,

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           and where the authorised officer has reason to believe that this report is inadequate may cause an independent report to be prepared;

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      (n)     to require, in writing, an employer or person having control of a mine or part to provide, at the expense of the employer or person having control of the industrial establishment or part, a report in writing bearing the seal and the signature of a professional engineer stating that the ground stability of the mine, the mining methods and the support or rock reinforcement used in the mine or part, is such that an employee is not likely to be endangered;

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      (o)     to require in writing, within such time as is specified, that a person who is an employer, manufacturer, producer, importer, distributor or supplier to produce records or information or to provide, at the expense of such person a report or evaluation made by a person or organization having special, expert or professional knowledge or qualifications as are specified by the authorised officer, of any process, chemical, physical agent or biological agent or a combination, used or intended for use in a workplace and the manner of use, including—

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        (i)     the ingredients and their common or generic name or names;

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        (ii)     the composition and property;

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        (iii)     the toxicological effect;

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        (iv)     the effect of exposure thereto, whether by contact, inhalation or ingestion;

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        (v)     the protective measures used or to be used in respect;

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        (vi)     the emergency measures used or to be used to deal with exposure in respect; and

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        (vii)     the effect of the use, transport and disposal;

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      (p)     to require the production of any material concerning the content, frequency and manner of instruction of any training programme and inspect, examine and copy the material and attend any such programme;

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      (q)     where the authorised officer is a registered medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his or her duties under this Part;

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      (r)     whenever he or she has reasonable cause to believe that there may be any serious obstruction in the execution of the powers, duties and functions given to him or her under this Part, to take a police officer with him or her into the industrial establishment, building, ship or vessel, as the case may be;

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      (s)     in the presence of the employer or a representative of the employer, to seize and remove any article or document as evidence of a violation of this Part where he or she reasonably believes that a violation of this Part or the Regulations has been committed;

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      (t)     to halt the operations of an industrial establishment where he or she reasonably believes that there is a serious and imminent threat to life or of grave physical injury to the workers of that industrial establishment or to the public;

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      (u)     without prejudice to the powers and duties granted to a medical inspector, investigate and inquire into the causes and circumstances of any accident or other dangerous occurrence occurring at an industrial establishment and make a report;

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      (v)     to exercise such other powers, duties and functions as may be necessary to give full effect of the provisions of this Part.

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    (2)   An authorized officer may, in any inspection, examination, inquiry or test—

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      (a)     be accompanied and assisted by a police officer or any person having special, expert or professional knowledge of any relevant matter; or

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      (b)     take photographs and use any equipment or material required for such purpose.

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    (3)   Where an article or document has been seized by an authorized officer in the exercise of his or her duties, that authorized officer—

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      (a)     shall undertake the seizure in the presence of an employer or a representative of the employer;

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      (b)     may remove the article or document seized or may detain it in the place in which it is seized; and

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      (c)     shall inform the person from whom the article or document is seized as to the reason for the seizure and shall give the person a receipt for it,

and the person from whom the article or document is seized, shall immediately bring the fact of the seizure to the attention of management.

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    (4)   An authorized officer shall take all necessary steps to preserve the integrity of an article or a document seized under this section.

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    (5)   The employer or person having control of an industrial establishment and his or her agents and servants shall furnish the means required by an authorized officer as necessary for the entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of his or her powers, duties and functions in relation to that industrial establishment.

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    (6)   The Department of Labour shall ensure that persons and organizations concerned with issues at the workplace are provided with information and advice pertaining to its administration, and to the protection of the occupational safety and health of employees generally.

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