OSH INCIDENT INVESTIGATION

AND CORRECTIVE ACTION

“THOSE THAT DO NOT LEARN FROM THEIR

MISTAKES, ARE BOUND TO REPEAT THEM”
4.2. INVESTIGATION
PROVISION IN OSH ACT
1994
 PROVISION IN OSHA 1994

PART XI - ENFORCEMENT AND INVESTIGATION

• 12 SECTIONS : 39 – 48 (10 SET OF POWERS):
• SECTION 39 – 42: POWER OF ENTRY TO A PREMISE / A SITE /
LOCATION
• SECTION 45 – 45: POWER TO INVESTIGATE AND ASK WITNESS
• SECTIOIN 47: COMMON OFFENCES DURING INVESTIGATION
• SECTION 48: ISSUANCE OF NOTICES
• IMPROVEMENT NOTICE
• PROHIBITION NOTICE
 PART XI - ENFORCEMENT AND INVESTIGATION
OSHA 1994

1. Section 39. Powers of entry, inspection, examination, seizure, etc.

2. Section 40. Entry into premises with search warrant and power of seizure.
3. Section 41. Entry into premises without search warrant and power of seizure.
4. Section 42. Power of forceful entry and service on occupier of signed copy of list
of things seized from premises.
5. Section 43. Further provisions in relation to inspection.
6. Section 44. Power of investigation.
7. Section 45. Power to examine witnesses.
8. Section 46. Employer, etc., to assist officer.
9. Section 47. Offences in relation to inspection.
10. Section 48. Improvement notice and prohibition notice.
 10 POWERS OF DOSH OFFICER

1. Powers of entry, inspection, examination, seizure, etc.

2. To enter premises with search warrant and power of seizure.
3. To enter premises without search warrant and power of seizure.
4. Forceful entry
5. Taking samples.
6. Power to investigate.
7. Power to examine witnesses.
8. Employer or employee to assist officer.
9. Offences in relation to inspection.
10. To issue Improvement notice and prohibition notice.
 Section 39. Powers of entry, inspection, examination,
seizure, etc.

(1) The "officer", means the DOSH officer

a) To produce his certificate of authorisation

i. enter,
ii. inspect and
iii. examine any place of work
b) But not a place used solely for residential purposes. However, he may enter the
residential place only with the consent of the owner!
 Section 39. Powers during entry

(2). Exercise the power to:

a) make examination and investigation of any plant, substance, article or
other things
b) direct that the place of work or any part be left undisturbed, for the purpose
of any examination or investigation
c) take such measurements and photographs and recordings for the purpose
of examination or investigation
d) take samples, articles or substance found in the place and the atmosphere
of the place of work
e) require any person employed in which the diseases FMA1967 which has
occurred to be examined by a medical officer or a registered medical
practitioner
 Section 39. Powers during entry

(3) Where a plant or substance is likely to cause a danger to safety and health, he may –
• (a) dismantled or test
• (b) take possession and detain it for following purposes:
• (i) to examine
• (ii) to ensure it is not tampered
• (iii) to ensure it is available as evidence

(4) Where an officer is a medical officer he may-

• (a) carry out such medical examination
• (b) exercise other powers

(5) seek assistance of the police if reasonable cause to apprehend any obstruction in the execution of his duty.
(6) an officer may bring with him-
• (a) any other authorized person
• (b) any equipment
Section 40. Entry into premises with search warrant and
power of seizure

a) A Magistrate shall issue a warrant to an officer named or referred

b) to enter the place of work or residential place
c) when there is a case with information and is reasonable for suspecting
an offence commit is committed
d) at any reasonable time by day or night
Section 41. Entry into premises without search warrant
and power of seizure

a) Where an officer is satisfied upon information received and

b) has reasonable grounds for believing that
c) by reason of delay in obtaining a search warrant and evidence are likely
to be removed or destroyed
d) he may enter the place of work or residential place without a warrant
and seize or seal the evidence
Section 42. Power of forceful entry and service on occupier
of signed copy of list of things seized from premises

(1) An officer may if it is necessary;

a) break open any outer or inner door of a place of work or residential place and
enter
b) forcibly enter the place and every part
c) remove by force any obstruction to entry, search, seizure and removal
d) detain every person found in the place until the place has been searched

(2) The officer seizing any articles, things, books, documents, plants, substances,
installation shall:
a) prepare a list of the things seized
b) deliver a copy of the list signed by him to the occupier
c) post a list of the things seized on the premises
 Section 43. Further provisions in relation to inspection

(1) Upon entering an officer shall notify the employer and the SHCo of the entry.
(2) Upon concluding an inspection, an officer shall give to the employer and the
SHCo information with respect to his observations and any action proposes.
(3) When samples taken or remove from a place of work for the purposes of
analysis, he notifies the employer and the SHCo and where possible-
a) divide the sample taken into as many parts as are necessary and
marked, sealed or and fastened
b) deliver one part each to the employer or the SHCo if required
c) retain one part for future comparison and
d) if an analysis of the sample is to be made, submit another part to an
analyst for analysis
 Section 45. Power to examine witnesses

(1) May examine orally any person with the facts and circumstances of the case.
(2) The person is legally bound to answer all questions only if
a) the officer fails or refuses on demand to produce to him the certificate of
authorization
b) there is a tendency to expose him to a criminal charge or penalty
(3) A person making a statement is legally bound to state the truth
(4) An officer must inform the person of the subsections (2) and (3) above
(5) A statement made is reduced into writing and signed by him or affixed with
his thumb print, given an opportunity to make any correction he may wish
(6) An officer may use the assistance of an interpreter
 Section 46. Employer, etc., to assist officer.

Assistance to the officer is by;

a) The owner or occupier
b) The employer at, any place of work
c) The agent or
d) Employee of the owner
 Section 47. Offences in relation to inspection

A person who –
a) refuses access or to assist
b) obstructs, induces or attempts to induce the officer
c) fails to produce any document required
d) conceals the location or person or any plant or substance from the
officer
e) prevents or attempts other person from assisting the officer
f) (hinders, impedes or opposes the officer
 Section 48. Improvement notice and prohibition notice

If an officer is of the opinion that a place of work, plant, substance or process is ;

a) likely to be a danger, or
b) likely to cause bodily injury
c) a serious risk to the health of any person
d) likely to cause damage to any property

The officer shall serve an improvement notice requiring the person to

a) take measures to remove the danger
b) rectify any defect
c) within such period after which it is not be used or operated when the period expires.
 Section 48. Improvement notice and prohibition notice.

If an officer is of the opinion that the defect in subsection (1) is;

a) likely to cause immediate danger to life or property

The officer shall serve a prohibition notice prohibiting

a) of the use or operation of the place of work, plant, substance or process
until danger posed is removed
b) the defect made good and satisfy the officer
.