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

    Section - 77 - Power to take Samples.

    (1) An Inspector may at any time after informing the occupier, or if the occupier is not readily available, a foreman or other responsible person in a factory, office or shop, take for analysis sufficient samples of any substance used or intended to be used in a factory, office or shop being a substance in respect of which he suspects a contravention of any regulation made under this Act, or which he thinks may prove on analysis to be likely to cause bodily injury to the persons employed.

    (2) The occupier, foreman or other responsible person aforesaid may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the Inspector to divide the sample into three parts, to mark and seal or fasten up each part in such a manner as its nature permits, and-

    (a) to deliver one part to the occupier, foreman or other responsible person aforesaid;

    (b) to retain one part for future comparison; and

    (c) to submit one part to the analyst,

    and any analysis under this section shall, if so required, be carried out by the Government Chemist.

    (3) A certificate purporting to be a certificate by the Government Chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness

    (4) Any person who, except insofar as is necessary for the prosecution of an offence under this Act, publishes or discloses to any person the results of an analysis made under this section shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred thousand cedis or to imprisonment not exceeding twelve months, or to both. [As amended by the Factories, Offices and Shops (Amendment) Law, 1991 (PNDCL 275), s.1(l)].