FACTORIES, OFFICES AND SHOPS ACT - 1970 (ACT 328)

    Section - 52 - Dangerous Conditions and Practices

    (1) An Inspector may complain to a District Court in relation to any factory, office or shop-

    (a) that any part of the ways, works, machinery or plant used therein is in such a condition or is so constructed or placed that it cannot be used without risk of bodily injury or injury to health; or

    (b) that any process or work is carried on or anything is or has been done therein in such a manner as to cause risk of bodily injury or injury to health; or

    (c) that the conditions in regard to escape in case of fire are so dangerous that the premises or any part thereof ought not to be used, or ought not to be used for a particular process or work, until steps have been taken to remedy the danger.

    (2) If the court is satisfied that the complaint is justified in respect of any of the above matters, the court shall, as the case may require, by order-

    (a) prohibit the use of that part of the ways, works, machinery or plant or, if it is capable of repair or alteration, prohibit its use until duly repaired or altered; or

    (b) require the occupier of the premises to take such steps as may be specified in the order to remedy the danger complained of; or

    (c) prohibit the use of the premises or part thereof, or its use for the particular process or work, until such works as may be specified in the order have been executed to remedy the danger.

    (3) Where a complaint is or has been made under this section, the court may, on application ex parte by the Inspector, and on receiving evidence that the use of any such part of the ways, works machinery or plant, or, as the case may be, the using of the premises or carrying on of any process or work or the doing of anything in such a manner as aforesaid, involves imminent risk of serious bodily injury or injury to health, make an interim order prohibiting either absolutely or subject to conditions the use, carrying on or doing thereof until the earliest opportunity to hear and determine the complaint.

    (4) Where any order of the court made under this section is contravened, the occupier of the premises shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred thousand cedis or to imprisonment not exceeding three months, or to both. [As amended by the Factories, Offices and Shop (Amendment) Law, 1991 (PNDCL 275), s.1(d)].