Section 4 of DWSHWA : Section 4: Powers Of Inspectors

Explanation using Example

Imagine a scenario where an Inspector under The Dock Workers (Safety, Health and Welfare) Act, 1986 visits a busy port where dock work is in progress. The Inspector arrives unannounced to conduct a surprise inspection.

1. The Inspector enters a cargo warehouse, with a safety officer accompanying him, to check if the ongoing dock work complies with safety regulations.
2. He examines the cargo handling equipment and checks if the dock's lifting machinery is maintained and certified for safe operation.
3. Upon noticing some irregularities, the Inspector asks the dock supervisor to produce the latest maintenance logs and employee work schedules to ensure that all workers are given proper rest periods as per the law.
4. While interviewing workers, the Inspector assures them that their statements will be confidential and they won't be forced to say anything that could self-incriminate.
5. The Inspector takes photographs of the work area and copies of the documents provided by the supervisor for evidence in case of any legal compliance issues.
6. He collects samples of the materials being handled to check if they are being stored and transported safely and in accordance with the hazardous substances regulations.
7. After noticing a recent accident site, the Inspector decides to hold an inquiry into the cause, suspecting that it may have been due to equipment failure or non-adherence to safety protocols.
8. If the Inspector finds any safety violations, he issues a show cause notice to the port authority, asking them to explain the lapses in safety measures.
9. In the event of a serious breach of regulations, the Inspector prepares to prosecute the responsible parties, ensuring that legal proceedings are initiated to address the violations.
10. Finally, the Inspector exercises additional powers such as ordering immediate cessation of work if imminent danger is detected, as conferred upon him by the regulations.