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10 1972

DANGEROUS SUBSTANCES ACT, 1972

PART V

Notification and Investigation of Accidents

Notification of accidents.

27. —(1) Where any explosion or fire, or any accident involving a substance kept under licence, occurs in or about or in connection with licensed premises and occasions loss of life or injury to person or property, the licensee shall forthwith send to the Minister written notice of the accident and of the loss of life or injury.

(2) (a) No person shall, except with the consent of an inspector, disturb the place where any such accident occurred or tamper with anything thereat before—

(i) the expiration of three clear days after notification of the accident in accordance with subsection (1), or

(ii) that place has been visited by an inspector,

whichever first occurs.

(b) In any proceedings taken in respect of a contravention of this subsection 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 place or persons thereat.

(3) Where, in or about or in connection with any vehicle or vessel on which any substance to which this Act applies is being loaded or conveyed, or from which it is being unloaded, any accident occurs involving loss of life or injury to person or property the owner of the vehicle or master of the vessel shall, if the accident involved such a substance, forthwith send to the Minister notice of the accident and of the loss of life or injury. This provision shall not apply in relation to fuel for use only on the vessel or vehicle.

(4) If the Minister considers that it is expedient that notice should be given under this section in case of an occurrence of any special class in or about or in connection with licensed premises, he may by regulations extend the provisions of this section to every occurrence of that class, whether loss of life or injury to person or property is caused or not.

Inquest in case of death by accident.

28. —(1) Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident or other occurrence of which notice is required by this Part to be given, the provisions of this section shall have effect.

(2) The coroner shall adjourn the inquest unless—

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

(b) 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.

(3) If the coroner adjourns the inquest—

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

(b) 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.

(4) No person having a personal interest in or employed in or about or in the management of the premises concerned shall be qualified to serve on the jury.

(5) It shall be the duty of the person summoning the jury not to summon any person disqualified under subsection (4) and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury.

(6) 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:

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

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

(c) the licensee or occupier of the premises concerned,

(d) the owner of any vehicle or master of any vessel concerned,

(e) any person appointed in writing by the majority of the persons employed at the premises,

(f) 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 premises belongs,

(g) any person appointed in writing by any association of employers of which the licensee or occupier is a member.

(7) 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 or occurrence, or of any defect in or about the premises 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.

Power to direct formal investigation of accidents.

29. —(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 of which notice is required by this Part to be given and, of its causes and circumstances.

(2) The provisions of this section shall have effect in relation to the investigation.

(3) 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.

(4) The person or persons so appointed (hereinafter 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 occurrence, and for enabling the tribunal to make its report.

(5) 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—

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

(b) 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;

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

(d) 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.

(6) 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.

(7) The tribunal shall make a report to the Minister stating the causes and circumstances of the occurrence, and adding any observations which the tribunal thinks right to make.

(8) 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 occurrence 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.

(9) 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.

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

Power of Minister to require special report on accident or other occurrence.

30. —Where there occurs (whether by explosion, fire or otherwise) any accident or other occurrence of which notice is required under this Part to be given in or about licensed premises, or which appears to the Minister to be in connection with such premises, the Minister may, at any time, direct an inspector to make a special report thereon, and the Minister may cause any such report to be made public at such time and in such manner as he thinks fit.