XN000022-1983-06-24 — Page 9

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INQUIRY POWER PROPOSED FOR LABOUR CHIEF

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FRIDAY, JUNE 24, 1983

THE GOVERNMENT PROPOSES TO EMPOWER THE COMMISSIONER FOR LABOUR TO CONDUCT A FORMAL INQUIRY INTO AN INDUSTRIAL ACCIDENT WHEN HE CONSIDERS IT NECESSARY.

THE PROPOSAL IS CONTAINED IN THE FACTORIES AND INDUSTRIAL UNDERTAK INGS (AMENDMENT) BILL 1983, PUBLISHED IN THE GAZETTE TODAY.

A SPOKESMAN FOR THE LABOUR DEPARTMENT SAID THAT THE BILL ALSO EXEMPTS CONSTRUCTION SITES FROM REGISTRATION AND REMOVES THE REQUIREMENT FOR FACTORY REGISTRATIONS TO BE RENEWED PERIODICALLY.

THE BILL PROPOSES THAT WHERE THE COMMISSIONER CONSIDERS THAT AN ACCIDENT, WHETHER OR NOT INVOLVING PERSONAL INJURY OR DEATH, CAUSES SUFFICIENT PUBLIC CONCERN, HE MAY ORDER THE CHIEF FACTORY INSPECTOR TO MAKE AN INFORMAL INQUIRY.

IF THE CHIEF FACTORY INSPECTOR CONSIDERS THAT THE INQUIRY MAY BE FRUSTRATED OR DELAYED FOR ANY REASON, SUCH AS REFUSAL BY ANY PERSON TO PROVIDE INFORMATION, THE COMMISSIONER MAY THEN HOLD A FORMAL INQUIRY, IN WHICH HE WILL HAVE THE POWER TO SUMMON WITNESSES, CALL FOR THE PRODUCTION OF BOOKS AND, IF NECESSARY, HOLD PART OF THE INQUIRY IN PRIVATE TO PROTECT TRADE SECRETS.

ANY PERSON ACTING IN CONTEMPT OF THE INQUIRY OR FAILING TO GIVE EVIDENCE OR TO PRODUCE DOCUMENTS WILL BE GUILTY OF AN OFFENCE.

UNDER THE BILL, A FORMAL INQUIRY WILL NOT DEROGATE FROM THE POWERS OF CORONERS UNDER THE CORONERS ORDINANCE.

THE BILL ALSO PROPOSES TO INCREASE SUBSTANTIALLY THE PENALTIES FOR OFFENCES IN BREACH OF THE FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE, THE SPOKESMAN CONTINUED.

IT ALSO PROPOSES THAT THE PENALTY FOR OPERATING A REGISTRABLE WORKPLACE WITHOUT A VALID CERTIFICATE, FOR CONTRAVENING OR FAIL ING TO FULFIL A CONDITION CONTAINED IN THE CERTIFICATE, OR FOR FAILING TO COMPLY WITH AN ORDER TO TAKE SPECIAL PRECAUTIONS ISSUED BY THE COMMISSIONER, BE RAISED FROM $5 000 TO $30 000.

IT RAISES THE PENALTY FOR FAILING TO COMPLY WITH AN

INSPECTOR'S REQUIREMENT DURING INSPECTION, WILFULLY WITHHOLDING INFORMATION OR GIVING FALSE INFORMATION, OR OBSTRUCTING AN OFFICER IN THE EXERCISE OF ANY OF HIS STATUTORY POWERS FROM $2 000 TO $20 000, AND INCREASES THAT FOR IMPROPER DISCLOSURE OF INFORMATION BY A PUBLIC OFFICER FROM $2 000 TO $10 000.

+THE LEVELS OF THESE PENALTIES ARE IN LINE WITH THOSE SET IN THE EXISTING SUBSIDIARY REGULATIONS, THE SPOKESMAN SAID.

HE ADDED THAT THE BILL ALSO SEEKS TO EXCLUDE +WORKSHOPS OPERATING IN SUPPORT OF A REGISTRABLE FACTORY+ AND +WORKSHOPS COVERED BY SPECIAL SAFETY REGULATIONS+ FROM THE PRESENT DEFINITION OF +FACTORY+ IN THE ORDINANCE, IF THEY EMPLOY LESS THAN 20 PEOPLE ON MANUAL WORK.

/IN „DDITION

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