Section 24: Powers of Permanent Secretary

24. Powers of Permanent Secretary (1) The Permanent Secretary may, for the purposes of this Act— (a) enter freely and without previous notice at any hour of the day or night any place of work in order to make such inspection, examination and investigation as may be necessary to ascertain whether the provisions of this Act are complied with, other than premises used solely for residential purposes except with the permission of the occupier thereof; [Issue 1] O2 – 20 Revised Laws of Mauritius (b) enter freely and without previous notice by day any premises in which he has reasonable cause to believe that— (i) any person is employed; or (ii) explosive, highly flammable or hazardous materials are stored for use at any place of work, in order to make such inspection, examination and investigation as may be necessary to ascertain whether the provisions of this Act are complied with, other than premises used solely for residential purposes except with the permission of the occupier thereof; (c) enter at any hour of the day or night, any medical institution, with the consent of the head of that institution, where an injured employee is admitted in order to make such investigation as may be necessary; (d) enter, with the consent of the head of any undertaking, any building used as lodging accommodation for employees, in order to make such inspection or investigation as may be necessary. (2) Any consent requested by the Permanent Secretary under subsection (1) (c) and (d) shall not be unreasonably withheld. (3) In the exercise of his powers under this section, the Permanent Secretary may— (a) require the production of any register, record, certificate, notice or document kept in pursuance of this Act, and any other book or document which it is necessary for him to see for the purposes of any examination or investigation under subsection (1) (a), (b), (c) and (d), and to inspect, examine and copy any of them; (b) require any person, whom he has reasonable cause to believe to be able to give any information relevant to any inspection, examination or investigation under subsection (1) (a), (b), (c) and (d), to answer relevant questions, alone or in the presence of any other person he may allow to be present and at such place as he thinks fit, and to sign a declaration of the truth of his answers; (c) require any person at a place of work to afford him such facilities and assistance with respect to any matters or things within that person’s control or responsibilities as are necessary to enable him to exercise any of the powers conferred upon him by this section; (d) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any inspection, examination or investigation under subsection (1) (a), (b), (c) and (d); (e) take and remove samples of any article or substance found at any place of work which he has power to enter, and of the atmosphere in or in the vicinity of such a place of work, subject to the employer being notified of any sample so taken; O2 – 21 [Issue 1] Occupational Safety and Health Act (f) in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to safety or health, or kept or used in contravention of any provisions of this Act, cause it to be dismantled or subjected to any process or test, but not so as to damage or destroy it unless this is in the circ er being notified of any sample so taken; O2 – 21 [Issue 1] Occupational Safety and Health Act (f) in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to safety or health, or kept or used in contravention of any provisions of this Act, cause it to be dismantled or subjected to any process or test, but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes mentioned in subsection (1) (a), (b), (c) and (d); (g) in the case of any article or substance specified in paragraph (e), take possession of it and detain it for so long as is necessary for any of the following purposes— (i) to examine it and do to it anything which he has power to do under that paragraph; (ii) to ensure that it is not tampered with before his examination of it is completed; and (iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Act. (4) For the purposes of exercising his powers under this section, the Permanent Secretary may— (a) be accompanied by a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty; (b) be accompanied by any other person and take with him any equipment or material required for any purpose for which the power of entry is being exercised. (5) Where the Permanent Secretary is of the opinion that the safety, health or welfare of any employee living or working at a place of work is, or is likely, to be adversely affected, or the arrangements made for the residence or employment of any employee at a place of work are inadequate, he may, by written notice served on the employer, give such directions to the employer as he thinks fit. (6) Where the Permanent Secretary is of the opinion that the safety, health or welfare of any employee or guest employee living in a place, other than a place of work, is or is likely to be adversely affected and the arrangements made for the residence of any such employee are inadequate, he may, by written notice served on the employer, give such directions to the employer as he thinks fit.