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407.   Powers of labour officers

Revised Laws of Saint Lucia (2021)

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407.   Powers of labour officers

A labour officer may—

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    (a)     enter any workplace or place where an employee is housed, freely and without previous notice or warrant, during working hours, for the purposes of inspection or investigation in relation to matters arising from this Act;

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    (b)     enter, during working hours, any premises which he or she reasonably believes to be a workplace;

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    (c)     enter the private home of an employer with the consent of the employer or with a warrant from a Magistrate where a labour officer reasonably believes that the private home of the employer is an industrial establishment or workplace;

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    (d)     carry out any examination, test or enquiry which he or she considers necessary in order to satisfy himself or herself that the provisions of this Act relating to the employment of persons or the operation of a workplace are being strictly observed;

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    (e)     seek information from the employer or the employees of the undertaking or interested parties or any witness on any matter concerning the application of any such provision of this Act;

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    (f)     require the production of any records, books, registers or other documents, the keeping of which is prescribed by this Act and copy such documents or make extracts of them;

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    (g)     upon giving a receipt, seize any records, books, registers or other documents the keeping of which is prescribed by this Act which are, in the opinion of the labour officer, necessary for the resolution of a dispute, matter or query under this Act, and where the labour officer reasonably believes that such records, books registers or other documents are not likely to be forthcoming voluntarily from the employer; but where such books, records or other documents are necessary for the continued operations of the business reasonable access thereto shall be allowed to the employer;

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    (h)     enforce the posting of notices required by legal provisions;

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    (i)     for purposes of analysis take or remove samples of materials and substances used or handled, subject to the employer or the employer's representative being notified of, shown and authenticating any samples or substances to be taken or removed for that purpose;

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    (j)     take such photographs or video shots as may be useful for such purposes;

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    (k)     require the employer or any person in the service of that employer to give the labour officer all reasonable assistance with, and to answer all questions relating to the examination;

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    (l)     require from employers, information as to the terms and conditions of employment of the employees and any other information necessary to enforce the provisions of this Act;

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    (m)     search, if necessary with the assistance of any other person, any building, receptacle or place for books, records, documents, papers or things which may afford evidence as to the violation of any provision of this Act; or

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    (n)     exercise any additional powers laid down under section 176 when acting in the capacity of an occupational safety and health officer;

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    (o)     take with him or her a police officer into any place in or on which he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty; (Inserted by Act 6 of 2011)

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    (p)     inquire formally into any complaint which an employer may have to make against any employee or which any employee may have to make against an employer or which may be otherwise brought to his or her notice and to use his or her offices and influences to bring about a fair and reasonable settlement of such complaint without recourse being had to legal proceedings. (Inserted by Act 6 of 2011)

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