Section 25
Alteration or addition to machinery, equipment etc.
of Workplace Safety and Health Act
(1)
No person shall, without the consent of the Authority —
(a)
alter, replace, remove or add to any machinery, equipment, plant or article which may have contributed to the cause of any accident resulting in the death of any person or any dangerous occurrence or occupational disease; or
(b)
modify the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.
(2)
The occupier of a workplace in which an accident, a dangerous occurrence or an occupational disease occurs shall take all reasonable measures to prevent any person from —
(a)
altering, replacing, removing or adding to any machinery, equipment, plant or article which may have contributed to the cause of the accident resulting in the death of any person or the dangerous occurrence or occupational disease; or
(b)
modifying the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.
(3)
It shall be presumed, unless it is proved to the contrary, that any alteration, replacement, removal or addition referred to in subsection (1) was made by the occupier of a workplace.
(4)
Nothing in subsection (1) or (2) shall operate to interfere with rescue work or work necessary for the general safety of life and property.
(5)
Any person who contravenes subsection (1) and any occupier of the workplace who contravenes subsection (2) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both.
Minister may direct inquiry to be held 26.
(1)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, appoint an Inquiry Committee to hold an inquiry into any accident, dangerous occurrence or occupational disease that has occurred
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in a workplace and into its causes and circumstances, and direct that the
Committee reports its findings to the Minister.
(2)
The Inquiry Committee shall hold the inquiry in a place to which the public generally may have access in such manner and under such conditions as it thinks most effectual for —
(a)
ascertaining the causes and circumstances of the accident, dangerous occurrence or occupational disease; and
(b)
enabling it to make the report to the Minister.
(3)
The Inquiry Committee shall have, for the purposes of the inquiry —
(a)
all the powers of a Court of a Magistrate;
(b)
all the powers of an inspector under this Act; and
(c)
all of the following powers —
(i)
to enter and inspect any premises, the entry or inspection of which appears to the Inquiry Committee necessary for the purposes of the inquiry;
(ii)
by summons to require attendance of all such persons as the Inquiry Committee thinks fit to call before it and examine and to require answers or returns to such inquiries as it thinks fit;
(iii)
to require the production of all books, papers and documents which the Inquiry Committee considers important for the purposes of the inquiry; and
(iv)
to administer oaths and to require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.
(4)
Upon conclusion of its inquiry, the Inquiry Committee shall make a report to the Minister —
(a)
stating the causes of the accident, dangerous occurrence or occupational disease and their circumstances; and
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(b)
adding any observations or recommendations which it thinks appropriate to make.
(5)
If the Inquiry Committee is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident, dangerous occurrence or occupational disease, he shall forward a copy of the report to the Public Prosecutor.
(6)
Any person who —
(a)
fails to comply with any summons, order or requisition of the Inquiry Committee; or
(b)
prevents or impedes the Inquiry Committee in the execution of its duties, is guilty of an offence and liable on conviction to a fine not exceeding $2,000.
(7)
It shall be a defence for a person charged with an offence under subsection (6)(a) to prove that he had a reasonable excuse for failing to comply with the summons, order or requisition of the Inquiry Committee.
(8)
The Minister may cause the report of the Inquiry Committee to be made public at such time and in such manner as he thinks fit.
Notification and reporting of accidents, dangerous occurrences etc.