Section 48
Arrest of persons accused of offence under section 15(3) or 21(7)
of Workplace Safety and Health Act
(1)
Any person reasonably suspected of having committed an offence under section 15(3) or 21(7) may be arrested without warrant by any police officer or by any inspector authorised by the Authority in that behalf and produced before a court.
(2)
Notwithstanding any other written law, any police officer or inspector who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and residence of the person arrested may, instead of producing him before a court or to a police station, serve upon him a notice requiring him to attend at such court, at such time and on such date as may be specified in the notice.
(3)
For the purpose of satisfying himself as to the identity of the person arrested, the police officer or inspector may require such evidence of identity as he may consider necessary to be furnished by that person.
(4)
A duplicate of the notice served under subsection (2) shall be prepared by the police officer or inspector, as the case may be, and produced by him to the court if so required by the court.
(5)
Where an accused person appears before a court in accordance with a notice served under subsection (2), the court shall take cognisance of the offence alleged and shall proceed as though he were produced before it under subsection (1).
(6)
If a person upon whom a notice has been served under subsection (2) fails to appear before a court in accordance with the notice, the court may issue a warrant for his arrest.
(7)
Where a person arrested pursuant to a warrant issued under subsection (6) is produced before a court, the court shall proceed as though he were produced before it under subsection (1) and shall, at the conclusion of such proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served under subsection (2).
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(8)
If due cause is not shown under subsection (7), the court may order him to pay a fine not exceeding $2,000 or may commit him to prison for a term not exceeding 2 months.
General penalty 49.
Any person guilty of an offence under this Act (but not including the regulations) for which no penalty is expressly provided is liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $200,000, imprisonment for a term not exceeding 2 years or both; and
(b)
in the case of a body corporate, to a fine not exceeding $10,000,000, and, if the contravention in respect of which he was so convicted continues after the conviction, he is (subject to section 51) guilty of a further offence and liable to a fine —
(i)
in the case of an individual, not exceeding $2,000 for every day or part thereof during which the offence continues after conviction; or
(ii)
in the case of a body corporate, not exceeding $5,000
for every day or part thereof during which the offence continues after conviction.
Penalty for repeat offenders 50.
Where a person —
(a)
has on at least one previous occasion been convicted of an offence under this Act (but not including the regulations) that causes the death of any person; and
(b)
is subsequently convicted of the same offence that causes the death of another person, the court may, in addition to any other imprisonment it imposes, punish him with —
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(i)
in the case of an individual, a fine not exceeding
$400,000 and, in the case of a continuing offence, with a further fine not exceeding $2,000 for every day or part thereof during which the offence continues after conviction; and
(ii)
in the case of a body corporate, a fine not exceeding
$20,000,000 and, in the case of a continuing offence, with a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.
Power of court to order cause of contravention to be remedied 51.
(1)
Where any person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order him to take, within the time specified in the order (or within such further time as the court may allow), such steps as may be so specified for remedying the matters in respect of which the contravention occurred.
(2)
Subject to subsection (3), where an order is made under subsection (1), the convicted person is not liable under this Act in respect of the continuation of the contravention during the time specified in the order or allowed by the court to remedy the matters in respect of which the contravention occurred.
(3)
If, after the expiration of the time specified in the order or allowed by the court under subsection (1) following a conviction for an offence, the order is not complied with, the person referred to in that subsection is guilty of an offence and liable on conviction to a fine not exceeding $1,000 for every day during which the non-compliance continues after the date of conviction for that first-mentioned offence.
Forgery of certificates, false entries and false declarations 52.
If any person —
(a)
forges or counterfeits any certificate required by, under, or for the purposes of, this Act;
(b)
gives or signs any certificate required by, under, or for the purposes of, this Act, knowing it to be false in any material particular;
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(c)
knowingly utters or makes use of any certificate required by, under, or for the purposes of, this Act that is forged, counterfeited or false;
(d)
knowingly utters or makes use of, as applying to any person, any certificate required by, under, or for the purposes of, this Act which does not so apply;
(e)
personates any person named in any certificate required by, under, or for the purposes of, this Act;
(f)
falsely pretends to be an inspector;
(g)
wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use of, personating or pretending referred to in paragraphs (a) to (f);
(h)
wilfully makes a false entry in any record, notice, certificate or document required by, under, or for the purposes of, this Act to be kept, served or sent;
(i)
wilfully makes or signs a declaration required by, under, or for the purposes of, this Act which is false; or
(j)
knowingly makes use of any false entry or declaration referred to in paragraph (h) or (i), he is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.
When magistrate may take cognisance of offence 53.
For the purpose of section 133 of the Criminal Procedure Code
(Chapter 7) and notwithstanding subsection (1) thereof, a magistrate may take cognisance of any offence under this Act upon receiving a complaint in writing signed by an inspector.
Jurisdiction of court 54.
Notwithstanding the provisions of any written law to the contrary, a Court of a Magistrate shall have jurisdiction to try any offence under this
Act and shall have the power to impose the full penalty or punishment in respect of the offence.
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Compounding of offences 55.
(1)
The Authority or any person authorised in writing by the
Authority in that behalf may compound any offence under this Act which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed such offence a sum not exceeding one-half of the amount of the maximum fine that is prescribed for the offence or a sum of $5,000, whichever is the lower.
(2)
On payment of such sum, no further proceedings shall be taken against that person in respect of that offence.
Power to modify agreements 56.
(1)
If, by reason of an agreement between the owner and the occupier of the workplace, the whole or any part of which has been let as a workplace, the owner or the occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with this Act or in order to conform to any standard or requirement imposed by or under this Act, the owner or the occupier may apply to the High Court for the terms of agreement to be set aside or modified.
(2)
The High Court may, after hearing the parties and any witness whom they may wish to call, make such an order setting aside or modifying the terms of the agreement as it considers just and equitable in the circumstances of the case.
Power to apportion cost of alterations 57.
(1)
Where in any premises, the whole or any part of which has been let as a workplace, any structural or other alterations are required in order to comply with this Act or to conform to any standard or requirement imposed by or under this Act, and the owner or occupier of the workplace, as the case may be, alleges that the whole or part of the cost of the alterations ought to be borne by the other party, the owner or occupier, as the case may be, may apply to the High Court for the cost of the alterations to be apportioned between them.
(2)
The High Court may, after hearing the parties and any witness whom they may wish to call, make such an order concerning the apportionment of the cost as it considers just and equitable in the
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circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative, the Court may, at the request of the owner or occupier of the workplace, determine the lease.