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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter I : Bureau, Director and Staff

5. Powers of director to enter upon places, perform tests and carry out inspections or investigations

 

(1) The director or any medical practitioner authorized thereto in writing by him, may—
(a) enter upon any place where a person who works or has worked or intends to work at a controlled mine or a controlled works is being or is to be medically examined in accordance with any provision of this Act, or where any person who works or has worked at a controlled mine or a controlled works is being nursed or medically treated;
(b) attend any medical examination of such a person and with his consent examine him or her medically or cause him or her to be medically examined by any other medical practitioner; and
(c) inspect any instrument or appliance which is being or has been used in connection with any medical examination or treatment of such a person and demand for inspection any book or document in which any information relating to any such examination or treatment has been recorded, and make copies of or extracts from it.

 

(2) The director or any person authorized thereto in writing by him or her may—
(a) enter upon any place where persons who work or have worked or intend to work at a mine or works are being or are to be radiologically examined, and at such place carry out such tests, measurements and observations as he or she may deem desirable;
(b) inspect, test or view any instrument, appliance or machine used in connection with any such examination; and
(c) demand for inspection any X-ray photograph taken at such an examination.

 

(3) If the director has reason to suspect that the owner of a mine or works or any person employed at a mine or works contravenes or fails to comply with any provision of this Act, the director or any person authorized thereto in writing by the director, may conduct such investigation in connection with the matter as he or she may deem expedient or as the director may require.

 

(4) At the request of any person affected by the exercise of a power under this section, the director or the medical practitioner authorized under subsection (1) or person authorized under subsection (2) or (3), as the case may be, shall produce a certificate of his appointment as director or, in the case of a medical practitioner or person so authorized, his written authority to the person making the request.