Section 31: Deregistration of Safety and Health Officers

31. Deregistration of Safety and Health Officers (1) There shall be established on an ad hoc basis for the purposes of this Act a Deregistration of Safety and Health Officers Board. (2) The Board shall consist of— (a) a person, who is or has been a barrister of at least 10 years’ standing, as Chairperson; (b) the Director, Occupational Safety and Health or his representative; and (c) 3 other members who have experience in occupational safety, health and welfare of employees. (3) The Chairperson and members of the Board shall be appointed by the Minister. (4) The Chairperson and members of the Board shall be paid such fees as may be determined by the Minister. (5) The Chairperson and 2 other members shall constitute a quorum. (6) (a) Before making his decision to deregister a Safety and Health Officer or not, the Permanent Secretary shall refer the matter to the Board for enquiry. [Issue 3] O2 – 26 Revised Laws of Mauritius (b) The Board shall conduct the inquiry referred to in paragraph (a) as expeditiously as possible and shall, after the close of the inquiry, forward to the Permanent Secretary, the evidence adduced at the inquiry and the findings of the Board. (c) The Board shall complete any inquiry referred to it within 30 days of the date of referral to it. (7) The Board may— (a) make such orders for requiring the attendance of any person and the production of any document as it thinks fit; and (b) take evidence on oath, and for that purpose, administer oaths. (8) Any person whose attendance is required under subsection (7) who— (a) fails to attend at the time and place specified in the order; (b) refuses to answer faithfully any question put to him by the Board; (c) gives any false or misleading information; (d) refuses to produce a document required by the Board, shall commit an offence. (9) Subject to this section, the Board shall regulate its proceedings in such manner as it deems fit. (10) Upon receipt of the evidence and findings of the Board, the Permanent Secretary shall make his decision as to whether the Safety and Health Officer should be deregistered. (11) In relation to a registered Safety and Health Officer, who is a public officer, and in respect of whom the Public Service Commission has deemed it fit to delegate to the Board its powers of discipline under section 89 (2) of the Constitution, the Board shall forward its report to the Public Service Commission for it to impose such punishment as it may be empowered to impose. (12) (a) Any person, who has been deregistered may, if he so wishes, reapply to practise as Safety and Health Officer in accordance with section 29. (b) An application under paragraph (a) shall not be entertained unless a period of 6 months has elapsed from the date of deregistration. (13) Any person who has been deregistered shall forthwith cease to practise as a registered Safety and Health Officer and surrender his certificate of registration.