Section 39 — OCCUPATIONAL SAFETY AND HEALTH ACT 1994

(2)

In exercising his powers under subsection (1), an officer may—

(a)

make an inspection, examination and investigation of any plant, substance, article or other thing whatsoever as may be necessary to ascertain whether or not this Act or any regulation made thereunder has been complied with;

(b)

direct that the place of work or any part thereof, or anything therein, shall be left undisturbed, whether generally or in particular respects, for so long as is reasonably necessary for the purpose of any inspection, examination or investigation under paragraph (a);

(c)

take such measurements and photographs and make such recordings as he considers necessary for the purpose of any inspection, examination or investigation under paragraph (a);

(d)

take samples of any article or substance found in the place of work which he has power to enter, and of the atmosphere in or in the vicinity of the place of work;

(e)

require any person employed in a place of work in which any occupational disease or occupational poisoning specified in any regulation or order made by the Minister under this Act has occurred or is likely to occur, to be medically examined by a medical officer or a registered medical practitioner;

(f)

require the production of any book, record, certificate, notice, computerized data or document, or any certified copy thereof, and make a copy thereof as he considers

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necessary for the purpose of any inspection, examination or investigation;

(g)

assess the levels of noise, illumination, heat or harmful or hazardous substances in any place of work and the exposure levels of persons at work therein;

(h)

require any hospital, medical clinic or mortuary to provide any information (including the medical reports) of any person who is or had been working in a place of work who is injured in an accident in a place of work or who is suspected of suffering from an occupational disease contracted from a place of work and is receiving treatment at the hospital or medical clinic.

(3)

Where an officer is of the opinion that a plant or substance has caused or is likely to cause a danger to safety and health, he may—

(a)

cause it to be dismantled or subjected to any process or test at any convenient place and at such reasonable time as he may appoint, but not so as to damage or destroy it;

(b)

take possession of it and detain it for so long as is necessary for all or any of the following purposes:

(i)

to examine it and do to it anything which he has power to do;

(ii)

to ensure that it is not tampered with before his examination of it is completed;

(iii)

to ensure that it is available for use as evidence in any proceedings for an offence under any of the provisions of this Act or regulation made thereunder.

(4)

Where an officer is a medical officer he may—

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Law of Malaysia

(a)

carry out such medical examination as may be necessary for the purposes of his duties under this Act or regulation made thereunder; and

(b)

exercise such other powers as may be necessary or as are conferred under subsections (2) and (3).

(5)

An officer may for the purposes of this section seek whenever necessary the assistance of the police if he has reasonable cause to apprehend any serious obstruction in the execution of his duty.

(6)

Without prejudice to subsection (5), on entering any place of work or residential place by virtue of subsection (1), an officer may bring with him—

(a)

any other person duly authorized by the Director General;

or

(b)

any equipment or material required for any purpose for which the power of entry is being exercised.

Entry into premises with search warrant and power of seizure