A 18
[Subsidiary] Reports of dangerous occurrences.
L.N. 29/69.
L.N. 29/69.
Application of regulations 17
and 18.
(Cap. 285.)
Power to take samples.
CAP. 59] Factories and Industrial Undertakings
Regulations
[1973 Ed.
18. (1) Every dangerous occurrence which occurs in an in- dustrial undertaking, whether any personal injury has been caused or not, shall be reported within twenty-four hours of its occurrence— (a) in the case of an industrial undertaking other than a quarry,
to an inspector; and
(b) in the case of a quarry, to the Superintendent of Mines.
(2) Every report made under this regulation shall be in writing, and in addition to any report required under regulation 17, and shall include particulars of the time of the occurrence of the accident, any damage to any building, machinery or plant in the industrial undertaking in which the accident occurred, and the circumstances in which the accident occurred.
19. The provisions of regulations 17 and 18 shall not be appli- cable in the case of any accident which is required to be reported under the provisions of section 47 of the Mining Ordinance but the reports required under the said regulations shall be in addition to any reports which may be required under the provisions of any other enactment.
20. (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 sub- stance 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 regula- tion, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and-
(a) to deliver one part to the proprietor, or the foreman or
other 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.
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