Duties Of Labour Inspector And Actions That Can Be Taken By Labour Inspector
Duties Of Labour Inspector
The inspector has the duty to enforce following labour laws which the DoL(USA) is responsible for:
- Basic Conditions of Employment Act (BCEA).
- Labour Relations Act (LRA).
- Compensation of Occupational Injuries and Diseases Act (COIDA).
- Occupational Health and Safety (OSH) Act
A labour inspector has power that he can enter your workplace at any reasonable time to investigate and enforce compliance of laws, but in normal circumstances written notification is served prior to inspection.
The labour inspector has following Functions or duties:
- Advising employers and employees of their rights and obligations in relation to the labour laws.
- Investigating complaints about non-compliant employers.
- Conduct inspections of workplaces.
- Ensure that employers comply at the workplace.
The inspector can issue a compliance order using his legal mandate if someone do not comply.
The labour inspector’s has following rights:
- Right to information relating to applicable employment laws.
- Right to make copies of required documents.
- Right to inspect and question about any article, substance or machinery at the workplace.
- Right to question about the work being carried out.
If the inspector take possession of any items from your workplace, he must acknowledge receipt and has to return it within a reasonable time.
Following an inspection, there are a number of actions available to the HSE inspector. They may decide on one or more of these actions, depending on the issues found.
- No action
- Verbal advice
- Written advice
- Formal caution
- Improvement notice
- Prohibition notice
Powers of Labour Inspectors
For the purpose of performing his or her functions under this Act, a labour inspector has the following powers:
- to enter and inspect any place which he or she has reasonable cause to believe is a place of employment and into any house or accommodation provided by an employer for employees;
- to interview any person at a place of employment;
- to interview any employer or any employee;
- to require the production of, and to inspect and take copies from,—
- any wages and time record or any holiday and leave record;
- any other document held that records the remuneration of any employees;
- to require any employer to supply to the labour inspector a copy of the wages and time record or holiday and leave record or employment agreement or both of any employee of that employer;
- to question any employer about compliance;
- to remove, or cause to be removed, an employee from the place of employment where he or she is employed for further enquiry into the matter, if a labour inspector has reasonable grounds to suspect that any offence has been committed against that employee;
- to issue demand notices under this Act;
- any other powers delegated in writing by the Secretary of Labour or conferred under this Act.
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