PART V

Notification and Investigation of Accidents and Diseases

Notification

98. —(1) Where an accident occurs at a mine or quarry, causing the death of, or serious bodily injury to, a person employed, notice of the accident, in such form and accompanied by such particulars as may be specified by the Minister, shall forthwith be given by the responsible person to an inspector and to such person as may for the time being be nominated—

(a) in a case where there is an association or body representative of a majority of the persons employed, by that association or body,

(b) in any other case, jointly by associations or bodies which are together representative of such a majority,

to receive on behalf of the persons so employed notices under this subsection.

(2) Where an accident causing serious bodily injury is notified under this section, and after notification the injured person dies, notice of the death shall, as soon as it comes to the knowledge of the responsible person, be given by him to an inspector and to the person so nominated.

(3) Where an accident to which this section applies occurs to a person employed at a mine or quarry and the owner of the mine or quarry is not the actual employer of that person, the actual employer shall, if he fails to report the accident to the responsible person immediately, be guilty of an offence.

99. —(1) If the Minister is of opinion that any special class of occurrences at mines or quarries is of so dangerous a nature as to render it expedient that notice should be given under section 98 in every case, he may by order extend the provisions of that section to occurrences of that class, whether death or serious bodily injury is caused or not.

(2) In any proceedings taken under this Act in respect of a failure to give notice of an occurrence of any kind at a mine or quarry, being proceedings which could not be taken apart from an order under this section, it shall be a defence for the person charged to prove that he was not aware of the occurrence and that he had taken all reasonable steps for having occurrences of that kind brought to his notice.

100. —(1) The Minister may by order apply (subject to such exceptions, adaptations and modifications, if any, as may be specified in the order) the provisions of section 98 to the contraction, by a person employed at a mine or quarry, of any such disease as may be specified in the order.

(2) In any proceedings which, by virtue of an order under this section, are taken under this Act in respect of a failure to give notice of the contraction by a person employed at a mine or quarry of a disease, it shall be a defence for the person charged to prove that he was not aware that the first-mentioned person had contracted the disease.

101. —Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident, occurrence or disease of which notice is required by or under this Part to be given, the following provisions shall have effect:

(a) the coroner shall adjourn the inquest unless—

(i) an inspector or some other person appearing on behalf of the Minister is present to watch the proceedings, or

(ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Minister notice of the time and place of holding the inquest at such time as to reach the Minister not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

(b) if the coroner adjourns the inquest—

(i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(ii) he shall, at least four days before holding the adjourned inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquest;

(c) no person having a personal interest in or employed in or about or in the management of the mine or quarry in or about which the accident, occurrence or disease occurred or was contracted shall be qualified to serve on the jury;

(d) it shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (c) and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor:

(i) an inspector or any other person appearing on behalf of the Minister,

(ii) any relation or friend of the person in respect of whose death the inquest is being held,

(iii) the owner of the mine or quarry at which the accident, occurrence or disease occurred or was contracted,

(iv) any person appointed in writing by the majority of the persons employed at the mine or quarry,

(v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed at the mine or quarry belongs,

(vi) any person appointed in writing by any association of employers of which the owner is a member;

(f) where an inspector or a person on behalf of the Minister is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident, occurrence or disease, or of any defect in or about the mine or quarry appearing to the coroner or jury to require a remedy, the coroner shall send to the Minister notice in writing of the neglect or defect.

102. —(1) Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Part to be given), no person shall disturb the place where it occurred or tamper with anything thereat before—

(a) the expiration of three clear days after notification of the accident or other occurrence in accordance with this Part, or

(b) that place has been both visited by an inspector and inspected in exercise of the powers in that behalf conferred by the provisions of this Act relating to workmen's inspections,

whichever first occurs.

(2) Nothing in this section shall prohibit the doing of anything by or with the consent of an inspector.

(3) In any proceedings taken in respect of a contravention of this section consisting of the doing of any act, it shall be a defence to prove that the doing of that act was necessary for securing the safety of the mine or quarry or persons thereat.

Investigations

103. —Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Part to be given) the Minister may, at any time, direct an inspector to make a special report with respect thereto, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.

104. —(1) The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident or other occurrence or case of disease contracted or suspected to have been contracted at a mine or quarry and of its causes and circumstances.

(2) The following provisions shall have effect in relation to an investigation under this section:

(a) the Minister may appoint a competent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation;

(b) the person or persons so appointed (hereinafter in this subsection referred to as the tribunal) shall hold the investigation in open court in such manner and under such conditions as the tribunal may think most effectual for ascertaining the causes and circumstances of the accident or occurrence or case of disease, and for enabling the tribunal to make its report;

(c) the tribunal shall have for the purposes of the investigation all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and, in addition, power—

(i) to enter and inspect any place or building the entry or inspection whereof appears to the tribunal requisite for the said purposes;

(ii) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

(iii) to require the production of all books, papers and documents which it considers important for the said purposes;

(iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;

(d) persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record, and in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request, signed by the tribunal, shall ascertain and certify the proper amount of the expenses;

(e) the tribunal shall make a report to the Minister stating the causes and circumstances of the accident, occurrence or case of disease, and adding any observations which the tribunal thinks right to make;

(f) the tribunal may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the accident, occurrence or case of disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses of the Minister in the administration of this Act;

(g) any person who without reasonable excuse (proof whereof shall lie on him) either fails, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the tribunal, or prevents or impedes the tribunal in the execution of its duty, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, in the case of a failure to comply with a requisition for making any return or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall be guilty of a further offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every day on which the failure was so continued;

(h) the Minister may cause the report of the tribunal to be made public at such time and in such manner as he thinks fit.