Safety, Health and Welfare At Work Act, 1989

• Permanent Page URL

PART VIII

Offences, Penalties and Legal Proceedings

Offences.

48.—(1) It shall be an offence for a person—

(a) to fail to discharge a duty to which he is subject by virtue of sections 6 to 8 , 9 (1), 10 , 11 , 12 (5) to (8), 13 (1) and (5), or

(b) to contravene sections 9 (2), 12 (1) to (4), or

(c) to contravene a provision of a regulation made under section 28 .

(2) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an inspector from exercising any functions conferred on him by this Act and it shall be an offence for a person wilfully to fail to comply with a bona fide request or instruction from an inspector in the exercise of his statutory functions.

(3) It shall be an offence for a person to prevent or attempt to prevent any person from answering any question to which an inspector may by virtue of section 34 require an answer.

(4) It shall be an offence to fail to submit an improvement plan to an inspector within the time specified in a direction under section 35 or to fail to implement an improvement plan which has been approved in accordance with the said section 35 but it shall be a good defence to a prosecution under the said section 35 if it can be shown that other measures providing at least equal protection were taken.

(5) It shall be an offence for a person to contravene any requirement of an improvement notice issued in accordance with section 36 .

(6) It shall be an offence for a person to carry on activities in contravention of a prohibition notice issued in accordance with section 37 .

(7) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an officer of customs and excise in the exercise of any of the powers conferred on him by section 38 .

(8) It shall be an offence for a person to contravene any requirement imposed by a notice requiring information under section 42 .

(9) It shall be an offence for a person to use or to disclose any information in contravention of section 45 .

(10) It shall be an offence for a person intentionally to obstruct any person in the exercise of his powers under section 46 .

(11) If a person who without reasonable excuse (proof whereof shall lie on him) either fails, after having the expenses (if any) to which he is entitled tendered to him, or refuses to comply with any summons or requisition of a tribunal appointed under section 47 or otherwise prevents or impedes the tribunal in the execution of its duty, he shall be guilty of an offence.

(12) It shall be an offence for a person to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—

(a) in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or

(b) for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person.

(13) It shall be an offence for a person to make a false entry intentionally in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false.

(14) It shall be an offence for a person, with intent to deceive, to forge or use a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive.

(15) It shall be an offence for a person falsely to pretend to be an inspector.

(16) Where a person is convicted of an offence under any of the relevant statutory provisions the court may, in addition to or instead of inflicting a fine, order him to take steps within a specified time for remedying the matters in respect of which the contravention occurred (and may on application extend the time so specified) and any person who fails to comply with any such order within the specified time (as extended) shall be guilty of an offence.

(17) If a person is killed, dies or suffers any personal injury, in consequence of any person who is subject to a duty by virtue of sections 6 to 11 having contravened any of the relevant statutory provisions, the latter person shall be guilty of an offence under this subsection; but

(i) the latter person shall not be guilty of an offence under this subsection if a prosecution against him in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred;

(ii) in the case of injury to health, the latter person shall not be guilty of an offence under this subsection unless the injury was caused directly by the contravention.

(18) (a) Where a person is charged with a summary offence under any of the relevant statutory provisions, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge (whether or not the other person is his agent or servant);

(b) if the commission of the offence is proved and the first person charged proves to the satisfaction of the court that he used all diligence to enforce the relevant statutory provisions and that the other person whom he charges as the actual offender committed the offence without his consent, connivance or wilful default, that other person shall be summarily convicted of the offence and the first person shall not be guilty of the offence, and the person convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings;

(c) the prosecution shall in any case to which this subsection applies, have the right to cross-examine the first person charged if he gives evidence and any witnesses called by him in support of his charge, and to adduce rebutting evidence.

(19) (a) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly;

(b) where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(20) Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.