8
(99 or 1964).
Power to Lake samples.
(3) (a) When the proprietor is aggrieved by the provisions of any notice given under paragraplis (1) and (2), he may, within ten days after the receipt thereof, state his objec- tion in writing to the Superintendent of Labour and thereupon the matter shall be determined by the Superintendent of Labour or by such officer as the Superintendent of Labour may appoint on that behalf. (b) The Superintendent of Labour or such officer may take into consideration any reports bearing on the industrial undertaking, matter, thing or practice considered defec- live or dangerous and the degree of skill of those employed in the industrial undertaking.
(4) Any proprietor aggrieved by a decision made under the provisions of paragraph (3) may, within thirty days of the notific tion to him of that decision, appeal to the Commissioner of Labour.
(5) The provisions of this regulation shall not be applicable in the case of any industrial undertaking in respect of which a mines officer may suspend work under the provisions of section 46 of the Mining Ordinance, 1954.
15. (1) An inspector may at any time after informing the proprietor or, if the proprietor is not readily available, a foreman or other responsible person in the industrial undertaking, take for analysis sufficient samples of any material in use or mixed for use in a dangerous trade or scheduled trade, or of any substance used or intended to be used in an industrial undertaking being a substance which he thinks may prove on analysis to be likely to cause bodily injury to the person employed.
(2) The proprietor or the foreman or other responsible person aforesaid may, at the time when a sample is taken under this regulation, and on providing the necessary appliances, require The inspector to divide the sample into three parts, to mark and seal or fastra up cach part in such manner as its nature permits, and-
(a) to deliver one part to the proprietor, be the foreman or
otter responsible person aforesaid:
(b) to retain one part for future comparison; and
(c) to submit one part to the Government Chemist for
analysis.
(3) A certificate purporting to be a certificate by the Govern- ment Chemist as to the result of an analysis of a sample under this regulation shall in any proceedings under the Ordinance 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) No person shall, except in so far as is necessary for the purposes of a prosecution for an offence under the Ordinance, publish or disclose to any person the results of an analysis made under this regulation.
perdoku
16. (1) No person employed in an industrial undertaking Duties of shall wilfully interfere with or misuse any means, appliance, employed. convenience or other thing provided in pursuance of the Ordin- ance for securing the health, safety or welfare of the persons employed in the industrial undertaking, and where any means or appliance for securing health or safety is provided for the use of any such person under the Ordinance. he shall use the means or appliance.
(2) No person employed in an industrial undertaking shall wilfully and without reasonable cause do anything likely to endanger himself or others.
PART IV.
REGISTRABLE WorkTlaACES.
Registration.
17. Every application for registration under the provisions of Form section 7 of the Ordinance shall be made in such form as shall be
of applica- tion for approved by the Commissioner of Labour and published by him registra- in the Gaselle.
tion,
Prevention of Accidents.
18. In every registrable workplace→
(a) all dangerous parts of the machinery and every part of the mill-gearing shall be securely fenced, or in such position or of such construction as to be as safe to every person in the workplace as if such machinery or mill- gearing were securely fenced;
Fencing of machinery.