Safety in Industry Act, 1980
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Notification and recording of accidents. |
34.— Section 74 of the Principal Act is hereby amended by— | |
(a) the substitution of “performing the normal duties of his employment” for “earning full wages at the work at which he was employed” in paragraph (b) of subsection (1), and the said subsection (1), as so amended, is set out in the Table to this section; and | ||
(b) the addition to the section of the following subsections: | ||
“(5) (a) Where an accident which is notifiable under subsection (1) of this section occurs and causes loss of life to a person employed in the relevant factory, no person shall disturb the place where it occurred or tamper with anything thereat before— | ||
(i) the expiration of three clear days after notification in accordance with this section of the accident, or | ||
(ii) that place has been both visited by an inspector and inspected by him in exercise of the powers conferred on him by the Acts. | ||
(b) Nothing in this subsection shall prohibit the doing of anything by or with the consent of an inspector. | ||
(c) In any proceedings taken in respect of a contravention of this subsection consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety of any person. | ||
(6) Any person who contravenes subsection (5) of this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £150.”. | ||
TABLE | ||
Where any accident occurs in a factory which either— | ||
(a) causes loss of life to a person employed in that factory, or | ||
(b) disables any such person for more than three days from performing the normal duties of his employment, | ||
written notice of the accident, in the prescribed form and accompanied by the prescribed particulars, shall forthwith be sent to the Minister. |