THE INSPECTION AND MONITORING OF PRODUCTION COMPANIES LAW
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THE INSPECTION AND MONITORING OF PRODUCTION COMPANIES LAW
ARRANGEMENT OF SECTION
1. Inspection and Monitoring
2. Establishment of Inspectorate and Monitoring Department
3. Function of Department
4. Powers of Department
5. Power to Co-opt
6. Documentation of Factories operating within the State
7. Application for Documentation
8. Condition for Documentation
9. Certificate of Documentation
10. Register of Documentation of Factories
11. Provision of Basic Requirement for Factories
12. Notification of Industrial Accident
13. Notification of Investigation
14. Power to Inspect
15. Power to search, seize and arrest
16. Obstruction of Authorised Officers
17. Power to make Regulation
18. Interpretation
19. Citation and Commencement
THE INSPECTION AND MONITORING OF PRODUCTION COMPANIES LAW
A LAW TO PROVIDE FOR THE INSPECTION AND MONITORING OF PRODUCTION COMPANIES BY THE STATE MINISTRY OF COMMERCE AND INDUSTRY AND OTHER CONNECTED PURPOSES
Commencement [9th May 2007]
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. Inspection and Monitoring
(1) The Ministry of Commerce and Industry will monitor and inspect the activities and performance of industries, companies and factories in the State.
(2) The Ministry will also ensure that all relevant Laws are complied with.
2. Establishment of Inspectorate and Monitoring Department
The Ministry shall establish an Inspectorate and Monitoring Department (referred to in this Law as “the Department”)
3. Function of the Department
The Department shall-
(1) conduct inspection of all industries and companies operating within the State in order to ensure their compliance with provisions as set out in Cap. F1 in the Laws of the Federation of Nigeria 2004 and other existing legislations; [Cap F1 LFN 2004]
(2) create a register and directory of all manufacturing industries operating within the State;
(3) ensure protection of consumer rights for goods and services within the State in collaboration with relevant agencies;
(4) ensure compliance with all Federal and State legislations applicable within the State;
(5) ensure the safety of workers and products within the State;
(6) inspect first aid facilities provided for the workers and ensure that they abide by the minimum acceptable standards;
(7) set guidelines for-
(a) the supply of clean drinking water;
(b) washing facilities; and
(c) protective clothing.
(8) investigate industrial and related accidents, and when necessary make recommendation(s) for compensation; and
(9) organize mandatory training programmes in conjunction with the factories operating within the State on safety practices with organized professional bodies.
4. Powers of the Department
The Department will have the powers to –
(1) ensure compulsory documentation of all companies operating within the State with the Department as provided in this Law;
(2) Inspect the Companies Fire Inspection Certificate;
(3) inspect and approve fire extinguishers, water hydrants, water reservoirs and equipment provided for firefighting;
(4) request for and review regular fire drill exercises as supervised by the State Fire Services;
(5) ensure that adequate health provision are available to workers when needed;
(6) issue improvement notices on equipment and general factory operations;
(7) issue prohibition notices;
(8) prescribe and enforce standards for protective clothing and appliances including protective head gears, ear plugs and eye shields; and
(9) take samples where appropriate.
5. Powers to co-opt
Where the Department desires to obtain the advice or any special information on any matter from any person, the Department may co-opt such person into the Department and such person shall have such rights and privileges as officers of the Department.
6. Documentation of Factories Operating within the State
(1) From the commencement of this Law, all new factories operating within the State will be documented with the Department.
(2) All existing factories operating within the State will be documented with the Department within three (3) months from the commencement of this Law.
7. Application for Documentation.
(1) Application for the documentation of a factory will be made to the Department on a prescribed form and in the prescribed manner.
(2) Application form for the documentation of a factory in the State shall be obtained from the Department upon the payment of a prescribed.
(3) Any factory operating within the State without being documented with the Department shall be liable to a fine of Fifty Thousand Naira (N50, 000.00) or more depending on the workforce and the annual turnover of the factory in the first instance.
8. Condition for Documentation
(1) Subject to the provisions of this Law, factories intending to operate in the State may not be documented by the Department unless the Department is satisfied that:
(a) the premises of the factory (i.e. the site, building and general amenities) are in all respects satisfactory and adequate provision for basic factory requirements are made in compliance with the provisions of this Law.
(2) The standard set out by the Department for protective staff clothing and operating appliances are complied with.
(3) The manufacturing process of the factories complies with standard of goods and consumables as prescribed by NAFDAC and SON.
9. Certificate of Documentation
(1) The Department shall issue a certificate of documentation to any factory that applies under this Law and has satisfied the conditions set out in Section 8 of this Law.
(2) A certificate of documentation issued by the Department shall be displayed in conspicuous place in the factory.
(3) The certificate of documentation issued by the Department shall be renewed yearly upon the payment of a fee of Fifteen Thousand Naira (N15, 000.00) to the Department.
10. Register of Documentation of Factories
(1) From the commencement of this Law, the Department shall open a documentation register of all factories operating within the State.
(2) No person or company shall carry on or operate a factory without the particulars of the factory being submitted to the Department.
11. Provision of Basic Requirement for Factories
(1) The factories operating within the State shall ensure that the following are provided –
(a) clean environment;
(b) adequate ventilation;
(c) drainage and sluicing of floors;
(d) sanitary conveniences;
(e) display of safety instruction for each machine in conspicuous places;
(f) provision of manuals for all machines; and
(g) provision of dust/fume extractors, where necessary.
(2) Any factory operating within the State, with more than 50 workers in its employment must appoint a safety officer to oversee the matters set out in subsection (1) of this Section.
12. Notification of Industrial Accidents
(1) The Chief Executive Officer of every company operating within the State shall notify the Department when an accident involving workers, building, or other facilities occurs within 48 hours of such occurrence(s).
(2) The Department, upon the notification of the occurrence of an industrial accident in any factory, shall-
(a) set up a team to investigate the cause of the accident; and
(b) provide the necessary rescue operation to manage the situation in conjunction with the State Emergency Rescue Agency.
(3) Where the investigation of the Department into the cause of an industrial accident in a factory reveals that the factory:
(a) has been negligent; or
(b) has failed to provide adequate precautionary amenities to prevent the accident.
(4) The management of the factory shall be liable to a fine not exceeding N500, 000.00 depending on the extent of damages occasioned by the accident.
(5) All workers who sustain injury in the process of an accident shall be entitled to free medical care at the expense of the factory as well as monetary reliefs calculated under the provisions of the Workmens Compensation Act, [Cap W6 of 2004] or as amended.
13. Notification of Investigation
(1) An authorized official of the Department may enter into and inspect the premises and facilities of any factory operating in the State for the purpose of determining the standard of operation in the factory between the hours of 8 a.m. and 5 p.m.
(2) The investigating officer shall prepare a report of his findings and submit it to the Department for a periodic assessment of the manufacturing process in such factories.
(3) Where the report of the investigating officer in respect of a factory is negative, the Department may order-
(a) the closure of the factory temporarily after proper verification of the report submitted by the officer; or
(b) the provision of the necessary facilities to bring the erring factory into compliance with the standard operational measure set by the Department.
14. Power to Inspect
For the purpose of enforcing the provisions of this Law, an authorized officer may:
(a) require to be produced, examine and take copies of, any licence, permit, certificate or other document required under this Law, any regulation made in pursuant with this Law or any other legislation; and
(b) require to be produced and examined any appliance, device or other items used in relation to the companys production activities.
15. Power to Search, Seize and Arrest
(1) An authorized officer, who has reasonable grounds for believing that an offence has been committed against the provisions of this Law or any regulations made pursuant to this Law may:
(a) enter and search any land, building, vehicle, tent, vessel, floating craft or any inland water or other structure whatsoever where production of goods is carried out, in which the officer has reason to believe that an offence against this Law or any regulations made pursuant to this Law has been committed;
(b) perform tests and take samples of any substances relating to the offence which are found in any production company or factory searched pursuant to paragraph (a) of this subsection;
(c) cause to be arrested any person whom the officer has reason to believe has committed such offence; and
(d) seize any item or substance which he has reason to believe has been used in the commission of such offence or in respect of which the offence has been committed.
(2) A written receipt shall be given for any article or thing seized under subsection (1) of this Section and the grounds for such seizure shall be stated on such receipt.
16. Obstruction of Authorised Officers
(1) Any person who
(a) willfully obstruct any authorized officer in the exercise of any of the powers conferred on such officer by this Law; or
(b) fails to comply with any lawful enquiry or requirement made by any authorized officer in accordance with the provisions of Sections 14 and 15 commits an offence.
(2) Any person or group of persons who obstruct or prevent any authorized officer of the Department from entering into any factory for the purpose of performing an official duty under this Law, commits an offence and liable to a fine of Fifty Thousand Naira (N50,000.00) or six(6) months imprisonment or both.
17. Power to make Regulation
The Commissioner shall have the power to make regulations subject to the Regulations Approval Law for the carrying into effect the purpose of this Law.
18. Interpretation
In this Law, unless the context otherwise requires-
“Accident” includes all unforeseeable circumstances or injury/injuries to the worker, collapse of building, incidences of fire affecting plants and machines, etc.
“Authorized Officials” means designated officers in the Industrial Inspectorate and Monitoring Department or as may be directed by the Commissioner;
“Companies” includes all manufacturing industries, or professional establishments or any undertaking for profit being carried on by any person, body corporate or unincorporated and any branch, division, wholly owned subsidiary of an industry not being a separate legal entity carrying on business with a place of business in the State;
“Commissioner” means Commissioner for Commerce and Industry in Lagos State;
“Department” means Industrial Inspectorate and Monitoring Department;
“Premise” means the site, land, building, vehicle, tent, vessel, floating craft or any inland water or other structure whatsoever of which production and manufacturing of goods are carried out;
“State” means Lagos State of Nigeria.
19. Citation and Commencement
This Law may be cited as the Inspection and Monitoring of Production Companies Law 2007 and shall come into force on the 9th day of May 2007.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
