Section 33
Investigation and enquiries
of Factories and Machinery Act 1967
(1)
An Inspector shall make a preliminary investigation of the circumstances of any accident or dangerous occurrence referred to in paragraphs 31(a), (aa) and (c) and may make a preliminary investigation of the circumstances of any accident that causes bodily injury as described in paragraph 31(b), or industrial disease referred to in section 32, reported to him, and shall forward in writing to the Chief Inspector a report on the investigation and if there has been any loss of life or there is reason to believe that any person has been fatally injured the Chief Inspector shall send a copy of the aforementioned report to the nearest Magistrate together with such further report as he may consider necessary and shall inform the
Magistrate whether or not it is proposed to hold an enquiry under subsection (2).
(2)
(a)
If upon consideration of the report referred to in subsection (1)
it appears to the Chief Inspector that an enquiry ought to be held into the nature and cause of the accident or dangerous occurrence or occupational disease, he may cause such an enquiry to be held by a Senior Inspector.
(b)
Upon the conclusion of the enquiry the Senior Inspector shall forward to the Chief Inspector a copy of the evidence taken thereat, together with his finding thereon and such further report as the Senior Inspector may consider necessary.
(c)
Where the Chief Inspector is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident or dangerous occurrence or occupational disease, he shall forward to the Deputy
Public Prosecutor a copy of the evidence, finding and report, submitted in accordance with paragraph (b).
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(3)
Where the accident or dangerous occurrence referred to in section 31
causes the death of any person or serious bodily injury to any person or serious damage to machinery or other property, no alterations or additions shall, without the consent of an Inspector in writing, be made to any machinery which may have caused such accident or dangerous occurrence nor shall any alterations be made without such consent to the site of the accident or dangerous occurrence until an Inspector has completed his investigation:
Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property.
(4)
(a)
The Chief Inspector may appoint one or more persons of engineering, medical or other appropriate special skill to assist as assessors in any enquiry held under subsection (2).
(b)
Every person not being a public officer serving as an assessor in any such enquiry shall be entitled to receive from the public funds such remuneration as the Minister may determine.
(5)
Nothing in this section shall—
(a)
be deemed to require an enquiry to be held before prosecuting any person for any contravention of this Act or for failure to comply with any lawful order given by an Inspector; or
(b)
affect any law relating to the enquiry into the death of any person.