WORKPLACE SAFETY AND HEALTH ACT 2006

PART 1

PRELIMINARY

Short title

1. This Act is the Workplace Safety and Health Act 2006.

Application of Act

2. Except as otherwise provided in this Act (but not the regulations), the provisions of this Act apply to all workplaces.

[18/2011]

Application of Act to Government

3.—(1) Except as provided in subsection (2), this Act binds the Government and applies to —

(a)	any workplace wholly or partly owned or occupied by the Government; and
(b)	any premises in which any building operation or any work of engineering construction is carried on by or on behalf of the Government.

(2) Nothing in this Act renders the Government liable to prosecution for an offence.

(3) To avoid doubt, a person is not immune from prosecution for any offence under this Act by reason that the person is engaged to provide services to the Government.

PART 2

INTERPRETATION

General interpretation

4.—(1) In this Act, unless the context otherwise requires —

“accredited training provider” means a training provider accredited by the Commissioner to provide safety and health training courses for the purposes of section 31;

“air receiver” means —

(a)	any vessel (other than a pipe or coil or an accessory, a fitting or part of a compressor) for containing compressed air and connected with an air compressing plant;
(b)	any fixed vessel for containing compressed air and used for the purpose of starting an internal combustion engine;
(c)	any blast air bottle; or
(d)	any vessel in which any substance in the form of solid or liquid is stored and from which it is forced by compressed air;

“approved code of practice” means any code of practice issued or approved under section 40B, and includes any such code of practice as amended from time to time under that section;

“at work” means —

(a)	in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his or her employer, wherever that work is carried out;
(b)	in relation to a self-employed person, all times when the person is performing work as a self-employed person, wherever the work is carried out; and
(c)	in any other case, all times when the person is performing work at the direction of the other person who engaged him or her, wherever the work is carried out;

“authorised examiner” means any person approved by the Commissioner under section 33 for the purpose of carrying out any prescribed examination or test of any —

(a)	hoist and lift;
(b)	lifting gear;
(c)	lifting appliance or lifting machine;
(d)	steam boiler;
(e)	steam receiver;
(f)	air receiver;
(g)	refrigerating plant pressure receiver;
(h)	pressure vessel; or
(i)	any other machinery required by this Act to be examined or tested by an authorised examiner;

“bodily injury” includes injury to health, the contraction of a disease, and the aggravation, acceleration or recurrence of any bodily injury or disease;

“building” includes —

(a)	the whole or any part of any house or any other structure, whether used for the purpose of human habitation or otherwise; and
(b)	any structure, support or foundation connected to the house or structure mentioned in paragraph (a);

“building operation” means —

(a)	the construction, structural alteration, repair or maintenance of a building (including the rewiring of any electrical installation, the replacement of any lift, air conditioning plant and ancillary ducting of a building, and the repointing, redecoration and external cleaning of the structure);
(b)	the demolition of a building; or
(c)	the preparation of a site for, and the laying of foundation of, an intended building,

but does not include any operation which is a work of engineering construction;

“class or description”, in relation to workplaces, includes a group of workplaces described by reference to locality;

“Commissioner” means the Commissioner for Workplace Safety and Health appointed under section 7;

“contract of service” means any agreement, whether oral or in writing, express or implied, whereby any person agrees to employ any other person as an employee and that other person agrees to serve as the person’s employee, and includes a contract of apprenticeship;

“contractor” means a person engaged by another person (called in this Act the principal) otherwise than under a contract of service —

(a)	to supply any labour for gain or reward; or
(b)	to do any work for gain or reward,

in connection with any trade, business, profession or undertaking carried on by the principal;

“Council” means the Workplace Safety and Health Council established under section 39;

“dangerous occurrence” means any occurrence which is specified in the First Schedule;

“Deputy Commissioner” means a Deputy Commissioner for Workplace Safety and Health appointed under section 7;

“electrical installation” means any cable, wire, fitting, accessory, apparatus or other device used for or for purposes incidental to the conveyance, control or use of electricity;

“employ” means to employ the service of any person to do any work under a contract of service, with or without remuneration;

“gas” includes any gas in its gaseous or liquid state;

“gas plant” —

(a)	means any plant, apparatus or machine for the manufacture or storage of any gas; and
(b)	includes pipes and appliances used in carrying any gas to the place where the gas is to be used;

“inspector” means an inspector appointed under section 7(3) and includes the Commissioner and any Deputy Commissioner;

“learning report” means a learning report prepared and published under section 27A;

“lift” includes any lifting appliance or lifting machine used for carrying persons, whether together with goods or otherwise;

“lifting appliance” includes a pulley block, gin wheel, chain block or set of chain blocks;

“lifting gear” includes —

(a)	any chain, rope, chain sling, webbing sling, rope sling, ring, hook, shackle, swivel or eyebolt; and
(b)	any cage or work platform used for carrying persons while it is suspended from the load line of a crane;

“lifting machine” includes —

(a)	any crane, crab, winch, teagle, runway, transporter, piling frame or piling machine; and
(b)	any work platform or suspended scaffold capable of being raised or lowered by climbers, winches or other powered device;

“machinery” includes —

(a)	any oil engine, gas engine, steam engine, and any other machine in which mechanical movement, either linear or rotated or both, takes place;
(b)	any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver;
(c)	any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and
(d)	any electrical generator or electrical motor,

but does not include any machinery used solely for the propulsion of vehicles;

“maintain” means maintain in an efficient state, in efficient working order and in good repair;

“mechanical power” means any energy derived from steam, water, wind, electricity, compressed air or gas, or the combustion of fuel or explosive, which is used to drive or work any machinery;

“occupational disease” means any disease specified in the Second Schedule and any other disease that is directly attributable to any exposure to any chemical or biological agent arising out of and in the course of any employment;

“occupier”, in relation to any premises or part of any premises, means —

(a)	in the case of a factory where a certificate of registration has to be obtained in relation to the premises pursuant to any regulations — the person who is, or is required to be, the holder of the certificate;
(b)	in the case of a factory where a notification has to be submitted in relation to the factory pursuant to any regulations — the person who is named in the notification, or is required to submit a notification; and
(c)	in the case of any other premises — the person who has charge, management or control of those premises either on the person’s own account or as an agent of another person, whether or not the person is also the owner of those premises;

“owner”, in relation to any premises, means —

(a)	the person for the time being receiving the rents or profits for the lease of the premises, whether on the person’s own account or as agent or trustee for any other person; or
(b)	the person who would so receive the rents or profits if the premises were leased;

“premises” includes any place whether enclosed or built on or not, whether situated underground or underwater and, in particular, includes —

(a)	any building, vehicle, vessel or aircraft;
(b)	any structure, whether a fixed structure or a movable structure such as a tent; and
(c)	a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);

“pressure vessel” —

(a)	means any container or vessel used for containing any substance under pressure; and
(b)	includes any steam boiler, steam receiver, steam container, air receiver, refrigerating plant pressure receiver and gas cylinder;

“prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source of energy;

“principal” means a person who, in connection with any trade, business, profession or undertaking carried on by the person, engages any other person otherwise than under a contract of service —

(a)	to supply any labour for gain or reward; or
(b)	to do any work for gain or reward;

“refrigerating plant pressure receiver” means any vessel which contains refrigerant under pressure;

“registered medical practitioner” means a person registered or deemed to be registered under the Medical Registration Act 1997;

“regulations” means regulations made under this Act;

“repealed Act” means the Factories Act (Cap. 104, 1998 Revised Edition) repealed by this Act;

“self-employed person” means a person who works for gain or reward otherwise than under a contract of service, whether or not employing others;

“ship” includes every description of vessel used in navigation, a floating rig, a barge or any platform used in any form of operations at sea;

“steam boiler” —

(a)	means any closed vessel in which, for any purpose, steam is generated under pressure greater than atmospheric pressure; and
(b)	includes any economiser used to heat water being fed to any such vessel and any superheater used for heating steam;

“steam container” means any vessel (other than a steam pipe or coil) —

(a)	constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure; and
(b)	through which steam is passed at atmospheric pressure, or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or a similar purpose;

“steam receiver” means any vessel or apparatus (other than a steam boiler, steam container, steam pipe or coil or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;

“subcontractor” means a person engaged (otherwise than under a contract of service) by any contractor or subcontractor —

(a)	to supply any labour for gain or reward; or
(b)	to do any work for gain or reward,

which the contractor or subcontractor has been engaged as contractor or subcontractor (as the case may be) to do;

“work of engineering construction” means any work specified in the Third Schedule;

“workplace safety and health auditor” means a workplace safety and health auditor appointed under section 30;

“workplace safety and health committee” means a workplace safety and health committee appointed under section 29;

“workplace safety and health coordinator” means a workplace safety and health coordinator appointed under section 28;

“workplace safety and health officer” means a workplace safety and health officer appointed under section 28.

[18/2011; 44/2017]

(2) For the purposes of this Act —

(a)	mechanical power is not to be treated as being used in a workplace by reason only that mechanical power is used for the purpose of heating, ventilating, cooling, air conditioning or lighting the workplace or any part thereof; and
(b)	any reference to the health of a person, where that person is pregnant, includes a reference to the health of any unborn child which that person is carrying.

(3) To avoid doubt, a person is to be regarded for the purposes of this Act as being at work in a workplace whether or not the person is lawfully at work in that workplace.

Meanings of “workplace” and “factory”

5.—(1) In this Act, “workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works, and includes a factory.

(2) Subject to this section, “factory” means any premises —

(a)

within which persons are employed in any of the following processes:

(i)	the handling, sorting, packing, storing, altering, repairing, construction, processing or manufacturing of any goods or product;
(ii)	the handling, sorting, packing, storing, processing, manufacturing or use of any hazardous substances;
(iii)	the repair, construction or manufacturing of any vessel or vehicle;
(iv)	any building operation or work of engineering construction;
(v)	the operation or maintenance of any facility or system related to the provision of any public utility; and

(b)

which is specified in the Fourth Schedule.

[18/2011]

(3) Where any person carries on any work mentioned in subsection (2) in a workplace with the express or implied permission of, or under any agreement with, the occupier of the workplace, then, even though the person is not an employee of the occupier of the workplace —

(a)	the workplace is to be treated as a factory for the purposes of this Act; and
(b)	the provisions of this Act relating to the duty of an occupier apply to the occupier of the workplace as if that occupier were the occupier of a factory. [18/2011]

(4) Despite subsection (2), where any place situated within a factory is solely used for some purpose other than any of the processes carried on in the factory —

(a)	the place is not to be treated as forming part of the factory for the purposes of this Act; but
(b)	the place is, if it would otherwise be a factory, to be treated as a separate factory for the purposes of this Act.

(5) A part of a factory may, with the written approval of the Commissioner, be treated as a separate factory for the purposes of this Act.

(6) Two or more factories may, with the written approval of the Commissioner, be treated as a single factory for the purposes of this Act.

(7) To avoid doubt, premises are not excluded from the definition of a “factory” by reason only that they are open air premises.

(8) Any premises in which work is carried on by or on behalf of the Government or any statutory board or body are not excluded from the definition of a “factory” by reason only that the work carried on at the premises is not carried on by way of trade or for purposes of gain.

Meanings of “employee” and “employer”

6.—(1) Subject to subsections (2), (3), (4) and (5), in this Act —

“employee” means any person employed by an employer to do any work under a contract of service;

“employer” means a person who, in the course of the person’s trade, business, profession or undertaking, employs any person to do any work under a contract of service.

(2) For the purposes of this Act, any reference to an employee includes a reference to a volunteer who —

(a)	does work for another person with the knowledge or consent of that other person; and
(b)	does the work on an ongoing and regular basis for that other person,

being work that is in connection with any trade, business, profession or undertaking carried on by that other person, and this Act applies —

(c)	as if the volunteer were an employee of the other person;
(d)	as if the other person were the volunteer’s employer; and
(e)	as if the volunteer were at work when doing work for the other person.

(3) For the purposes of this Act, any reference to an employee includes a reference to a person who is in a workplace for the purpose of receiving on the job training or gaining work experience, including under a rehabilitation scheme (called in this subsection person A), and this Act applies —

(a)	as if person A were an employee of the person (called in this subsection person B) who agreed to provide on the job training or work experience;
(b)	as if person B were that person A’s employer; and
(c)	as if person A were at work when in the workplace for the purpose of receiving on the job training or gaining work experience.

(4) Where —

(a)	an employer places an employee (called in this subsection the loaned employee) at the disposal of another person to do work for that other person; and
(b)	there is no contractual relationship between the employer and that other person regarding the work to be performed by the loaned employee,

then, for the purposes of this Act —

(c)	the loaned employee is to be regarded as if he or she were an employee of that other person (instead of his or her employer) while the loaned employee is at work for that other person;
(d)	that other person is to be regarded as if that person were the employer of the loaned employee while the loaned employee is at work for that other person; and
(e)	the loaned employee is to be regarded as if he or she were at work when doing work for that other person.

(5) Where a person carries on any work in a factory —

(a)	the occupier of the factory is deemed to be the employer of the person; and
(b)	the provisions of this Act apply as if the occupier of the factory were the employer of the person,

unless the occupier of the factory proves that the occupier is not the employer of the person.

PART 3

ADMINISTRATION OF ACT

Appointment of Commissioner for Workplace Safety and Health and other officers

7.—(1) The Minister may appoint any person to be the Commissioner for Workplace Safety and Health, and such other persons, by name or office, as Deputy Commissioners for Workplace Safety and Health.

(2) The Commissioner is, subject to any general or special directions of the Minister, responsible for the administration of this Act and may perform such duties as are imposed and may exercise such powers as are conferred upon the Commissioner by this Act or any other written law.

(3) The Commissioner may appoint, by name or office, such number of persons as inspectors, and such number of other persons as authorised officers, as may be necessary to assist the Commissioner in the administration of this Act.

(4) The Commissioner may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon the Commissioner by this Act (except the power of delegation conferred by this subsection) to any Deputy Commissioner, inspector or authorised officer, subject to such conditions or limitations as the Commissioner may specify.

(5) Notice of all appointments made under this section must be published in the Gazette.

Commissioner, Deputy Commissioners, inspectors, authorised officers, etc., to be public servants

8. The Commissioner and every Deputy Commissioner, inspector and authorised officer appointed under section 7 and every member of the Council are deemed to be public servants within the meaning of the Penal Code 1871.

Identification of inspectors and authorised officers

9. Every inspector and authorised officer must —

(a)	be provided with a certificate of his or her appointment as an inspector or authorised officer, as the case may be; and
(b)	when exercising any powers under this Act, on demand, produce the certificate of his or her appointment to the person affected by the exercise of those powers.

PART 4

GENERAL DUTIES OF PERSONS
AT WORKPLACES

Duties according to different capacities

10. To avoid doubt, it is declared that —

(a)

a person may at any one time be 2 or more of the following:

(i)	an employer;
(ii)	a contractor;
(iii)	a subcontractor;
(iv)	a principal;
(v)	a self-employed person;
(vi)	an occupier of a workplace;
(vii)	a designer, manufacturer or supplier of any machinery, equipment or hazardous substance for use at work;
(viii)	an erector, installer or a modifier of machinery or equipment for use at work;
(ix)	an owner, a hirer or lessee of machinery moved by mechanical power or a person who maintains such machinery for use at work,

and this Act may impose duties or liabilities on the person accordingly;

(b)

this Act may at any one time impose the same duty or liability on 2 or more persons, whether in the same capacity or in different capacities; and

(c)

a duty or liability imposed by this Act on any person is not diminished or affected by the fact that it is imposed on one or more other persons, whether in the same capacity or in different capacities.

Duty of occupier of workplace

11. It is the duty of every occupier of any workplace to take, so far as is reasonably practicable, such measures to ensure that —

(a)	the workplace;
(b)	all means of access to or egress from the workplace; and
(c)	any machinery, equipment, plant, article or substance kept on the workplace,

are safe and without risks to health to every person within those premises, whether or not the person is at work or is an employee of the occupier.

Duties of employers

12.—(1) It is the duty of every employer to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of the employer’s employees at work.

(2) It is the duty of every employer to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of persons (not being the employer’s employees) who may be affected by any undertaking carried on by the employer in the workplace.

(3) For the purposes of subsection (1), the measures necessary to ensure the safety and health of persons at work include —

(a)

providing and maintaining for those persons a work environment which is safe, without risk to health, and adequate as regards facilities and arrangements for their welfare at work;

(b)

ensuring that adequate safety measures are taken in respect of any machinery, equipment, plant, article or process used by those persons;

(c)

ensuring that those persons are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working or use of things —

(i)	in their workplace; or
(ii)	near their workplace and under the control of the employer;

(d)

developing and implementing procedures for dealing with emergencies that may arise while those persons are at work; and

(e)

ensuring that those persons at work have adequate instruction, information, training and supervision as is necessary for them to perform their work.

(4) Every employer must, where required by the regulations, give to persons (not being the employer’s employees) the prescribed information about such aspects of the way in which the employer conducts the employer’s undertaking as might affect their safety or health while those persons are at the employer’s workplace.

Duties of self-employed persons

13.—(1) It is the duty of every self-employed person (whether or not he or she is also a contractor or subcontractor) to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of persons (not being the self‑employed person’s employees) who may be affected by any undertaking carried on by the self‑employed person in the workplace.

(2) Every self-employed person must, where required by the regulations, give to persons (not being the self‑employed person’s employees) the prescribed information about such aspects of the way in which the self‑employed person conducts his or her undertaking as might affect their safety or health while those persons are at the self‑employed person’s workplace.

Duties of principals

14.—(1) Subject to subsection (2), it is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of —

(a)	any contractor engaged by the principal when at work;
(b)	any direct or indirect subcontractor engaged by such contractor when at work; and
(c)	any employee employed by such contractor or subcontractor when at work.

(2) The duty imposed on the principal in subsection (1) only applies where the contractor, subcontractor or employee mentioned in that subsection is working under the direction of the principal as to the manner in which the work is carried out.

(3) It is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of persons (other than a person referred to in subsection (1)(a), (b) or (c) working under the principal’s direction) who may be affected by any undertaking carried on by the principal in the workplace.

(4) For the purposes of subsection (1), the measures necessary to ensure the safety and health of persons at work include —

(a)

providing and maintaining for those persons a work environment which is safe, without risk to health, and adequate as regards facilities and arrangements for their welfare at work;

(b)

ensuring that adequate safety measures are taken in respect of any machinery, equipment, plant, article or process used by those persons;

(c)

ensuring that those persons are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working or use of things —

(i)	in their workplace; or
(ii)	near their workplace and under the control of the principal;

(d)

developing and implementing procedures for dealing with emergencies that may arise while those persons are at work; and

(e)

ensuring that those persons at work have adequate instruction, information, training and supervision as is necessary for them to perform their work.

(5) Every principal must, where required by the regulations, give to persons (other than a person referred to in subsection (1)(a), (b) or (c) working under the principal’s direction) the prescribed information about such aspects of the way in which the principal conducts the principal’s undertaking as might affect their safety or health while those persons are at the principal’s workplace.

Additional duties of principals in relation to contractors

14A.—(1) It is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure that any contractor engaged by the principal on or after 1 September 2011 —

(a)	has the necessary expertise to carry out the work for which the contractor is engaged by the principal to do; and
(b)	has taken adequate safety and health measures in respect of any machinery, equipment, plant, article or process used, or to be used, by the contractor or any employee employed by the contractor. [18/2011]

(2) The duty imposed on every principal under subsection (1)(a) includes ascertaining that the contractor engaged by the principal and any employee of the contractor —

(a)	have sufficient experience and training to carry out the work for which the contractor is engaged by the principal to do; and
(b)	have obtained any necessary licence, permit, certificate or any other document in order to carry out the work for which the contractor is engaged by the principal to do. [18/2011]

(3) The duty imposed on every principal under subsection (1)(b) includes ascertaining that the contractor engaged by the principal —

(a)	has conducted a risk assessment in relation to the safety and health risks posed to any person who may be affected by the work for which the contractor is engaged by the principal to do; and
(b)	has informed any person who may be affected by the work for which the contractor is engaged by the principal to do of the nature of the risk involved in the work and any measure or safe work procedure which is implemented at the workplace. [18/2011]

(4) In any proceedings for an offence under this section, it is not a defence for the principal to prove that the principal has taken, so far as is reasonably practicable, such measures as are necessary to ensure compliance with this section solely by providing directly or indirectly, by a term in a contract with the principal’s contractor, that the contractor has complied with or will comply with the requirements mentioned in paragraph (a) or (b) of subsection (1).

[18/2011]

(5) In this section, “risk assessment” means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measure for risk control.

[18/2011]

(6) Section 14 does not limit the duty of a principal under this section.

[18/2011]

Duties of persons at work

15.—(1) It is the duty of every person at work —

(a)	to use in such manner so as to provide the protection intended, any suitable appliance, protective clothing, convenience, equipment or other means or thing provided (whether for his or her use alone or for use by him or her in common with others) for securing his or her safety, health and welfare while at work; and
(b)	to cooperate with his or her employer or principal and any other person to such extent as will enable his or her employer, principal or the other person (as the case may be) to comply with the provisions of this Act.

(2) A person at work must not wilfully or recklessly interfere with or misuse any appliance, protective clothing, convenience, equipment or other means or thing provided (whether for his or her use alone or for use by him or her in common with others) pursuant to any requirement under this Act for securing the safety, health or welfare of persons (including himself or herself) at work.

(3) Any person at work who, without reasonable cause, wilfully or recklessly does any act which endangers the safety or health of himself or herself or others shall be guilty of an offence.

(4) Any person at work who, without reasonable cause, does any negligent act which endangers the safety or health of himself or herself or others shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.

[18/2011]

(5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.

Duties of manufacturers and suppliers of machinery, equipment or hazardous substances used at work

16.—(1) Subject to this section, it is the duty of any person who manufactures or supplies any machinery, equipment or hazardous substance for use at work to ensure, so far as is reasonably practicable —

(a)

that the following information about the safe use of the machinery, equipment or hazardous substance is available to any person to whom the machinery, equipment or hazardous substance is supplied for use at work:

(i)	the precautions (if any) to be taken for the proper use and maintenance of the machinery, equipment or hazardous substance;
(ii)	the health hazards (if any) associated with the machinery, equipment or hazardous substance; and
(iii)	the information relating to and the results of any examinations or tests of the machinery, equipment or hazardous substance under paragraph (c) that are relevant to its safe use;

(b)

that the machinery, equipment or hazardous substance is safe, and without risk to health, when properly used;

(c)

that the machinery, equipment or hazardous substance is examined and tested so as to comply with the obligation imposed by paragraph (b).

(2) The duties imposed on any person specified in subsection (1) —

(a)	apply only if the machinery, equipment or hazardous substance is manufactured or supplied in the course of trade, business, profession or undertaking carried on by the person, whether for profit or not;
(b)	apply whether or not the machinery, equipment or hazardous substance is exclusively manufactured or supplied for use by persons at work; and
(c)	extend to the supply of the machinery, equipment or hazardous substance by way of sale, transfer, lease or hire and whether as principal or agent, and to the supply of the machinery, equipment or hazardous substance to a person for the purpose of supply to others.

(3) The duties imposed on any person specified in subsection (1) do not apply to a person by reason only that the person supplies the machinery or equipment under a hire-purchase agreement, conditional sale agreement or credit-sale agreement to another (called in this section the customer) in the course of a business of financing the acquisition of the machinery or equipment by the customer from others.

(4) Where a person (called in this subsection the ostensible supplier) supplies any machinery or equipment for use at work to a customer under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier —

(a)	carries on the business of financing the acquisition of goods by others by means of such agreements; and
(b)	in the course of that business acquired an interest in the machinery or equipment supplied to the customer as a means of financing its acquisition by the customer from a third person (called in this subsection the effective supplier),

the effective supplier is treated for the purposes of this section as supplying the machinery or equipment to the customer instead of the ostensible supplier, and any duty imposed by subsection (1) on a supplier accordingly applies to the effective supplier, and not to the ostensible supplier.

(5) Where a person designs, manufactures or supplies any machinery, equipment or hazardous substance for use at work and does so for or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the machinery, equipment or hazardous substance will be safe and without risk to health when properly used, the undertaking has the effect of relieving the firstmentioned person from the duty imposed by subsection (1)(b) to such extent as is reasonable having regard to the terms of the undertaking.

(6) Any person required under subsection (1)(c) to ensure that any machinery, equipment or hazardous substance is examined and tested so as to comply with the obligation imposed by subsection (1)(b) is regarded as having complied with subsection (1)(c) to the extent that —

(a)	the examination or test has already been carried out otherwise than by, or on behalf of, the person; and
(b)	it is reasonable for the person to rely on that examination or test.

(7) For the purposes of this section, an absence of safety, or a risk to health, is to be disregarded insofar as the case in or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen.

(8) In this section, “supplier”, in relation to any machinery, equipment or hazardous substance, does not include a manufacturer of those items when supplying, but includes an importer when supplying those items.

(9) This section applies only to machinery, equipment or hazardous substances specified in the Fifth Schedule.

Duties of persons who erect, install or modify machinery or equipment and persons in control of machinery for use at work

17.—(1) It is the duty of any person who erects, installs or modifies any machinery or equipment for use at work to ensure, so far as is reasonably practicable, that the machinery or equipment is erected, installed or modified in such a manner that it is safe, and without risk to health, when properly used.

(2) The duty imposed on a person erecting, installing or modifying any machinery or equipment under subsection (1) applies only if the machinery or equipment is erected, installed or modified in the course of the person’s trade, business, profession or undertaking.

(3) Any person required under subsection (1) to ensure that any machinery or equipment is erected, installed or modified in such a manner that it is safe, and without risk to health, when properly used is regarded as having complied with that subsection to the extent that —

(a)	the person ensured, so far as is reasonably practicable, that the erection, installation or modification was in accordance with the information supplied by the designer, manufacturer or supplier of the machinery or equipment regarding its erection, installation or modification; and
(b)	it is reasonable for the person to rely on that information.

(4) Where any machinery moved by mechanical power is used in any workplace, then despite anything in this Act, it is the duty of the owner of the machinery to ensure —

(a)	so far as is reasonably practicable, that the machinery is maintained in a safe condition; and
(b)	that the precautions (if any) to be taken for the safe use of the machinery and the health hazards (if any) associated with the machinery are available to any person using the machinery.

(5) Where the owner of any machinery moved by mechanical power has entered into a contract of hire or lease with a hirer or lessee, the duty imposed under subsection (4) applies to the hirer or lessee of the machinery instead of the owner.

(6) Where the owner, hirer or lessee of any machinery moved by mechanical power has entered into a contract with another person to maintain the machinery, the duty under subsection (4)(a) applies to that other person instead of the owner, hirer or lessee of the machinery.

(7) Subsections (1), (2) and (3) apply only to machinery or equipment specified in Part 1 of the Fifth Schedule.

Other related duties of occupiers and employers

18.—(1) An employer must not —

(a)	deduct, or allow to be deducted, from the sum contracted to be paid by the employer to any of the employer’s employees; or
(b)	receive, or allow any agent of the employer to receive, any payment from any employee of the employer,

in respect of anything to be done or provided by the employer in accordance with this Act in order to ensure the safety, health or welfare of any of the employer’s employees at work.

(2) An employer must not dismiss or threaten to dismiss an employee because the employee —

(a)	has assisted (whether by the giving of information or otherwise) an inspector, authorised person or any other public authority in the conduct of any inspection or investigation under this Act for a breach or an alleged breach of this Act, or proposes to do so;
(b)	has in good faith sought the assistance of, or made a report to an inspector or authorised person in relation to a safety and health matter, or proposes to do so;
(c)	is performing the employee’s duties in good faith as a member of a workplace safety and health committee; or
(d)	has complied with an order made under section 21 or otherwise complied with this Act, or proposes to do so.

(3) The occupier of a workplace must cause to be kept in the workplace the following records:

(a)	every document issued in respect of the workplace by the Commissioner under the provisions of this Act;
(b)	a copy of every notice furnished to the Commissioner as required under this Act; and
(c)	all reports and particulars prepared in respect of the workplace under this Act.

(4) Any occupier of a workplace must —

(a)	ensure that the records mentioned in subsection (3) are kept for at least 5 years from the date the records were made or such other period as may be prescribed; and
(b)	whenever required to do so within that period, produce and make available to an inspector for inspection a copy of the records.

(5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(6) Any person who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Duties of occupiers of common areas

19.—(1) For the purposes of subsection (2), where a building comprises one or more workplaces, any common property or limited common property of the building (called in this section the common area) which is used by persons at work in any such workplace or is used by such persons to move through is treated as part of their workplace.

(2) It is the duty of the occupier of the common area to comply with any provision of this Act with respect to —

(a)	electric generators and motors located in the common area;
(b)	hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area;
(c)	means of access into or egress from the common area; and
(d)	any machinery or plant located in the common area which belongs to or is supplied by the owner or occupier of the common area.

(3) In this section —

“common property” and “limited common property” have the meanings given by the Building Maintenance and Strata Management Act 2004;

“occupier”, in relation to a common area, includes the management corporation or subsidiary management corporation (as the case may be) having control of that common area.

Offence of breaching duty under this Part

20. In the event of any contravention of any provision in this Part which imposes a duty on a person, that person shall be guilty of an offence.

PART 5

POWERS OF COMMISSIONER

Power to issue remedial order or stop-work order

21.—(1) This section applies if the Commissioner is satisfied that —

(a)	any workplace is in such condition, or is so located, or any part of the machinery, equipment, plant or article in the workplace is so used, that any work or process carried on in the workplace cannot be carried on with due regard to the safety, health and welfare of persons at work;
(b)	any person has contravened any duty imposed by this Act; or
(c)	any person has done any act, or has refrained from doing any act which, in the opinion of the Commissioner, poses or is likely to pose a risk to the safety, health and welfare of persons at work.

(2) Where this section applies, the Commissioner may serve a remedial order or a stop-work order in respect of a workplace on —

(a)	any person who is in control of the workplace, or the work or process carried out in the workplace;
(b)	any person whose duty under this Act is to ensure the safety, health and welfare of any person at work in the workplace; or
(c)	any person who poses or is likely to pose a risk to the safety, health and welfare of any person at work in the workplace.

(3) A remedial order under this section must —

(a)

direct the person served with the order to take such measures, to the satisfaction of the Commissioner —

(i)	to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work;
(ii)	to comply with any duty imposed under this Act; or
(iii)	to do or refrain from doing any act mentioned in subsection (1)(c); and

(b)

specify the date on which it is to take effect and the period (which runs from the date the remedial order takes effect) within which any step required by the order must be taken.

(4) A stop-work order must —

(a)

direct the person served with the order to immediately cease to carry on any work or process —

(i)	indefinitely; or
(ii)	until such measures as are required by the Commissioner have been taken, to the satisfaction of the Commissioner, to remedy any danger so as to enable the work or process in the workplace to be carried on with due regard to the safety, health and welfare of the persons at work; and

(b)

specify the date on which it is to take effect.

(5) The Commissioner may delegate the power to issue a remedial order or stop-work order to any Deputy Commissioner.

(6) Any person who fails to comply with a remedial order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

(7) Any person who fails to comply with a stop-work order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues after conviction.

(8) Where any person fails to comply with a remedial order or stop‑work order, the Commissioner may —

(a)

at all reasonable times enter upon the workplace and take such measures and do such work as may be necessary to give effect to the order; and

(b)

take appropriate measures to prevent —

(i)	unauthorised entry to any area; or
(ii)	unauthorised access to any machinery, equipment, plant or article affected by the order.

(9) Any costs and expenses incurred by the Commissioner under subsection (8) may be recovered as a debt due to the Government from the person served with the remedial order or stop‑work order.

(10) Where the Commissioner has taken measures under subsection (8)(b) in respect of any area or machinery, equipment, plant or article, any person who, knowing that such measures have been taken, enters that area or gains access to that machinery, equipment, plant or article without the authorisation of the Commissioner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Appeal from order made by Commissioner

22.—(1) Any person who is affected by any order made by the Commissioner under section 21 may, within 14 days of the date of service of the order, appeal to the Minister who may rescind or vary the order.

(2) Where an appeal is made to the Minister against any remedial order, that order does not have effect pending the outcome of the appeal.

(3) Where an appeal is made to the Minister against any stop-work order, the affected person must comply with the order pending the outcome of the appeal, and the stop-work order has effect until it is otherwise rescinded or varied.

Power to suspend certificate

23.—(1) The Commissioner may suspend any certificate issued by him or her under this Act in respect of any work or workplace, and must inform the person named in the certificate in writing of the suspension and also the reason for the suspension.

(2) Where any certificate is suspended under subsection (1), the person affected must immediately cease to do any work at any workplace for which the certificate was required.

(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

PART 6

INVESTIGATIONS, INQUIRIES AND
REPORTING OF ACCIDENTS,
DANGEROUS OCCURRENCES AND
OCCUPATIONAL DISEASES

Investigation into accidents, dangerous occurrences, etc.

24. Where the Commissioner becomes aware of any accident, dangerous occurrence or occupational disease in a workplace, the Commissioner may direct an inspector to investigate the circumstances of the accident, dangerous occurrence or occupational disease.

Alteration or addition to machinery, equipment, etc.

25.—(1) A person must not, without the consent of the Commissioner —

(a)	alter, replace, remove or add to any machinery, equipment, plant or article which may have contributed to the cause of any accident resulting in the death of any person or any dangerous occurrence or occupational disease; or
(b)	modify the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

(2) The occupier of a workplace in which an accident, a dangerous occurrence or an occupational disease occurs must take all reasonable measures to prevent any person from —

(a)	altering, replacing, removing or adding to any machinery, equipment, plant or article which may have contributed to the cause of the accident resulting in the death of any person or the dangerous occurrence or occupational disease; or
(b)	modifying the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

(3) It is presumed, unless it is proved to the contrary, that any alteration, replacement, removal or addition as is mentioned in subsection (1) has been made by the occupier of a workplace.

(4) Nothing in subsection (1) or (2) operates to interfere with rescue work or work necessary for the general safety of life and property.

(5) Any person who contravenes subsection (1) and any occupier of a workplace who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Minister may direct inquiry to be held

26.—(1) The Minister may appoint an Inquiry Committee to hold an inquiry into any accident, dangerous occurrence or occupational disease that has occurred in a workplace and into its causes and circumstances, and direct that the Committee reports its findings to the Minister.

(2) The Inquiry Committee mentioned in subsection (1) must comprise —

(a)	a District Judge appointed by the Minister after consulting the Presiding Judge of the State Courts; and
(b)	one or more assessors appointed by the Minister. [5/2014]

(3) The Inquiry Committee must hold the inquiry in open court in such manner and under such conditions as it thinks most effectual for —

(a)	ascertaining the causes and circumstances of the accident, dangerous occurrence or occupational disease; and
(b)	enabling it to make the report to the Minister.

(4) The Inquiry Committee has, for the purposes of the inquiry —

(a)

all the powers of a District Court when trying offences under this Act;

(b)

all the powers of an inspector under this Act; and

(c)

all of the following powers:

(i)	to enter and inspect any premises, the entry or inspection of which appears to the Inquiry Committee requisite for the purposes of the inquiry;
(ii)	by summons signed by the District Judge, to require attendance of all such persons as the Inquiry Committee thinks fit to call before it and examine and to require answers or returns to such inquiries as it thinks fit;
(iii)	to require the production of all books, papers and documents which the Inquiry Committee considers important for the purposes of the inquiry; and
(iv)	to administer oaths and to require any person examined to make and sign a declaration of the truth of the statements made by the person in the person’s examination.

(5) Upon conclusion of its inquiry, the Inquiry Committee must make a report to the Minister —

(a)	stating the causes and circumstances of the accident, dangerous occurrence or occupational disease; and
(b)	adding any observations or recommendations which the Inquiry Committee thinks appropriate to make.

(6) If the District Judge is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident, dangerous occurrence or occupational disease, the District Judge is to also forward a copy of the report to the Public Prosecutor.

(7) Any person who —

(a)	fails to comply with any summons, order or requisition of the District Judge; or
(b)	prevents or impedes the Inquiry Committee in the execution of its duties,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(8) It is a defence for a person charged with an offence under subsection (7)(a) to prove that the person had a reasonable excuse for failing to comply with the summons, order or requisition of the District Judge.

(9) The Minister may cause the report of the Inquiry Committee to be made public at such time and in such manner as the Minister thinks fit.

Notification and reporting of accidents, dangerous occurrences, etc.

27.—(1) The Minister may by regulations require an employer, an occupier, a registered medical practitioner or any other person to notify or to submit a report to the Commissioner in the event of an accident, a dangerous occurrence or an occupational disease in a prescribed workplace.

(2) Regulations made under subsection (1) may apply to a person who is an exempt person at work specified in the Sixth Schedule.

[18/2011]

Learning report of accident, etc.

27A.—(1) Where the Commissioner considers it necessary in the interest of the public, or a section of the public, the Commissioner may prepare and publish a learning report on any accident, dangerous occurrence or occupational disease in a workplace that is the subject of an investigation under section 24.

[44/2017]

(2) The sole objective of publishing a learning report is to prevent or minimise the recurrence of any accident, dangerous occurrence or occupational disease in a workplace, and not to apportion blame or liability.

[44/2017]

(3) A learning report may be published before or after the conclusion of the investigation under section 24.

[44/2017]

(4) To avoid doubt, every learning report is, for the purpose of any law, to be treated as prepared and published by and on behalf of the Government and in the service of the Government.

[44/2017]

(5) A learning report on an accident, a dangerous occurrence or an occupational disease in a workplace may —

(a)	contain an account of the accident, dangerous occurrence or occupational disease;
(b)	specify the cause or causes of, and circumstances or factors leading to, the accident, dangerous occurrence or occupational disease insofar as they may be ascertained;
(c)	contain an opinion by a person with technical or specialised knowledge of the machinery, equipment, plant, article, process, substance, work or workplace involved in the accident, dangerous occurrence or occupational disease;
(d)	contain a warning of any danger or risk to the safety and health of persons at work or persons who may be affected by any undertaking carried on in the workplace;
(e)	contain any recommendation to prevent or minimise the recurrence of any similar accident, dangerous occurrence or occupational disease in a workplace; and
(f)	contain any other matter that the Commissioner considers relevant, taking into account the sole objective mentioned in subsection (2). [44/2017]

Learning report, etc., not admissible in evidence

27B.—(1) Subject to subsection (3), a learning report, or any draft of the learning report, is not admissible in evidence in any civil, criminal, arbitral or disciplinary proceedings before any court, tribunal or body, or any proceedings under the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act.

[44/2017; 27/2019]

(2) An inspector is, in any proceedings mentioned in subsection (1), not compellable —

(a)	to produce or answer questions about any document or part of a document made by the inspector and contained in a learning report, or in any draft of the learning report; or
(b)	to give evidence on the preparation of a learning report, or any draft of the learning report. [44/2017]

(3) Subsections (1) and (2) do not apply to the following:

(a)	an inquiry under section 26;
(b)	an inquiry under the Coroners Act 2010;
(c)	an inquiry by a commission of inquiry or a committee of inquiry under the Inquiries Act 2007. [44/2017]

PART 7

SAFETY AND HEALTH
MANAGEMENT ARRANGEMENTS

Workplace safety and health officers and coordinators

28.—(1) Every workplace within the prescribed class or description of workplaces must have appointed in respect thereof a workplace safety and health officer or a workplace safety and health coordinator.

(2) For the purposes of this section, the Minister may prescribe —

(a)	the manner of appointment of a workplace safety and health officer and a workplace safety and health coordinator;
(b)	the functions and duties of a workplace safety and health officer and a workplace safety and health coordinator; and
(c)	the powers of a workplace safety and health officer and a workplace safety and health coordinator, being necessary powers for the officer or coordinator (as the case may be) to discharge his or her functions and duties under this Act.

Workplace safety and health committees

29.—(1) Every workplace within the prescribed class or description of workplaces must have appointed in respect thereof a workplace safety and health committee.

(2) Every workplace safety and health committee of a workplace must comprise representatives of employees of the workplace as well as employers.

(3) The functions of a workplace safety and health committee appointed in respect of a workplace are —

(a)	to keep under review circumstances in the workplace which affect or may affect the safety or health of persons in the workplace;
(b)	to promote cooperation between management and employees in achieving and maintaining safe and healthy working conditions;
(c)	to carry out from time to time inspections of the scene of any accident or dangerous occurrence in the interests of the safety and health of the employees;
(d)	to exercise any other functions and duties as may be prescribed or conferred on the committee under this Act; and
(e)	any other functions as may be prescribed.

(4) The management must provide such facilities and assistance to the workplace safety and health committee of a workplace as the committee may reasonably require for the purpose of carrying out the committee’s functions and duties under this section.

(5) A workplace safety and health committee has such powers as may be prescribed, being necessary powers for the committee to discharge its functions and duties under this Act.

Workplace safety and health auditors

30.—(1) Every workplace within the prescribed class or description of workplaces must have appointed in respect thereof a workplace safety and health auditor.

(2) The functions of a workplace safety and health auditor appointed in respect of a workplace are to audit, in such manner as the Commissioner may determine, all or any of the following with a view to ensuring the safety, health and welfare of persons at work in the workplace:

(a)	the safety and health management system of the workplace;
(b)	any risk assessment relating to the workplace or the work carried out in that workplace;
(c)	any work process at the workplace; or
(d)	the workplace.

(3) A workplace safety and health auditor has such powers as may be prescribed, being necessary powers for the auditor to discharge his or her functions and duties under this Act.

(4) In this section, “risk assessment” means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measures for risk control.

Safety and health training courses

31.—(1) The Minister may, by order in the Gazette, require such prescribed class or description of persons to attend such training courses as are specified in the order.

(2) The employer of any person required to attend any training course under subsection (1) must ensure that the person completes or has completed such safety and health training course before allowing that person to perform any work for which the training is required.

(3) Any safety and health training course mentioned in subsection (1) must be conducted by an accredited training provider.

(4) Even though a person has completed such safety and health training course as is required under this section, the Commissioner may, if the Commissioner thinks that a refresher course is necessary, issue a written direction requiring that person to attend another such training course.

(5) An employer who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Requirement for approval of Commissioner to act

32. A person must not act as —

(a)

an authorised examiner for the purpose of carrying out any prescribed examination or test of any —

(i)	hoist or lift;
(ii)	lifting gear;
(iii)	lifting appliance or lifting machine;
(iv)	steam boiler;
(v)	steam receiver;
(vi)	air receiver;
(vii)	refrigerating plant pressure receiver;
(viii)	pressure vessel; or
(ix)	any other machinery required by this Act to be examined or tested by an authorised examiner;

(b)

a workplace safety and health officer;

(c)

a workplace safety and health coordinator;

(d)

a workplace safety and health auditor; or

(e)

an accredited training provider,

(called in this Part an authorised person) except with the approval of the Commissioner.

Application for and grant of approval

33.—(1) An application for approval to act as an authorised person must be —

(a)	in such form as the Commissioner may determine;
(b)	accompanied by such information, statements and documents as the Commissioner may require; and
(c)	accompanied by the prescribed fee.

(2) Upon receiving an application under subsection (1), the Commissioner may —

(a)	grant the approval applied for either unconditionally or subject to such conditions as the Commissioner thinks fit; or
(b)	refuse the application.

(3) The Commissioner must not approve any person as an authorised person unless the Commissioner is satisfied that the applicant —

(a)	possesses the prescribed qualifications and prescribed practical experience; and
(b)	is sufficiently competent and is, in all other respects, a fit and proper person, to be entrusted to carry out the work of the relevant authorised person.

(4) The Commissioner may at any time vary or revoke any of the existing conditions imposed under subsection (2) or impose new conditions.

(5) Upon the approval of a person as an authorised person, the Commissioner must issue the applicant with a certificate of approval to act as a relevant authorised person for such period and subject to such terms and conditions as the Commissioner may specify therein.

Duration of approval

34.—(1) Subject to section 35, any approval of a person as an authorised person is valid for such period as the Commissioner may determine.

(2) The Commissioner may, on application in writing and on payment of the prescribed fee, renew the approval of any authorised person.

Cancellation of approval

35.—(1) The Commissioner may suspend or cancel the approval of a person as an authorised person if —

(a)

the Commissioner is satisfied that the person —

(i)	had obtained or procured the person’s approval by fraud or misrepresentation;
(ii)	has breached any term or condition subject to which the approval was granted; or
(iii)	is no longer a fit and proper person to act as a relevant authorised person; or

(b)

the Commissioner considers that it is in the public interest to do so.

(2) The Commissioner must, before cancelling the approval of a person as an authorised person under subsection (1) —

(a)	give the affected person written notice of the Commissioner’s intention to do so;
(b)	specify a date, at least 21 days after the date of the notice, upon which the cancellation takes effect; and
(c)	call upon the affected person to show cause to the Commissioner why the Commissioner’s approval as an authorised person should not be cancelled.

(3) If the person to whom a notice has been given under subsection (2) —

(a)	fails to show cause within the period of time given to the person to do so or such extended period of time as the Commissioner may allow; or
(b)	fails to show sufficient cause,

the Commissioner must give written notice to that person of the date from which the cancellation of the approval takes effect.

(4) A person whose approval as an authorised person has been cancelled may, within 14 days after the receipt of the notice mentioned in subsection (3), appeal in writing against the cancellation to the Minister whose decision is final.

Surrender of certificate

36. A person whose approval as an authorised person has been cancelled by the Commissioner under section 35 must, within 7 days of the date of the cancellation, surrender the person’s certificate of approval issued under section 33(5).

False assumption of title

37. A person must not claim or imply that the person is approved by the Commissioner as a relevant authorised person unless the person is approved as such by the Commissioner under section 33.

Offence under this Part

38. Any person who contravenes section 32, 36 or 37 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

PART 8

WORKPLACE SAFETY AND
HEALTH COUNCIL

Establishment of Workplace Safety and Health Council

39.—(1) A Workplace Safety and Health Council is established, consisting of the following members, each of whom must be appointed by the Minister in accordance with this section:

(a)	a chairperson;
(b)	a deputy chairperson; and
(c)	at least 10 but not more than 18 other members.

(2) The chairperson, the deputy chairperson and every member of the Council are to be appointed for a term not exceeding 3 years and are eligible for re‑appointment.

(3) The Minister may, at any time, revoke the appointment of the chairperson, the deputy chairperson or any member of the Council.

(4) If any member of the Council dies, resigns or is removed from office, the Minister may appoint any person to fill the vacancy and the person so appointed holds office for the remainder of the term for which the vacating member was appointed.

(5) The powers of the Council are not affected by any vacancy in the membership thereof.

Powers and proceedings of Council

40.—(1) Subject to the provisions of this Act, the Council may determine its own procedure.

(2) At any meeting of the Council, 5 members thereof constitutes a quorum.

(3) The chairperson of the Council or, in the chairperson’s absence, the deputy chairperson thereof presides at all meetings of the Council and, in their absence, the members present must elect one of their number to preside.

(4) The deputy chairperson of the Council may, subject to such directions as may be given by the chairperson thereof, exercise all or any of the powers exercisable by the chairperson of the Council under this Act.

(5) The Council may appoint, from among its own members or other persons who are not members of the Council, such number of committees as it may think fit consisting of its members or other persons, or both its members and other persons, for purposes which, in the opinion of the Council, would be better regulated and managed by means of such committees.

Functions of Council

40A. The functions of the Council are —

(a)	to develop or facilitate the development of acceptable practices relating to safety, health and welfare at work;
(b)	to promote the adoption of acceptable practices relating to safety, health and welfare at work;
(c)	to devise, organise and implement programmes and other activities for or related to providing support, assistance or advice to any person or organisation in preserving, improving and promoting safety, health and welfare at work;
(d)	to facilitate and promote the development and upgrading of competencies, skills and expertise of the workforce relating to safety, health and welfare at work;
(e)	to research into any matter relating to safety, health and welfare at work;
(f)	to grant prizes and scholarships, and to establish and subsidise lectureships in universities and other educational institutions in subjects relating to safety, health and welfare at work;
(g)	to provide practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work; and
(h)	to do all the things that it is authorised or required to do under this Act.

Codes of practice

40B.—(1) For the purpose of providing practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work, the Council may do all or any of the following:

(a)	issue one or more codes of practice, which may include any code of practice issued or approved under another written law if the Council considers that code of practice suitable for this purpose;
(b)	approve as a code of practice any document prepared by any person or organisation other than the Council if the Council considers the document as a suitable document for this purpose;
(c)	amend or revoke any code of practice issued or approved under this section.

(2) The power of the Council under subsection (1)(a) or (b) to issue or approve a code of practice that is either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Council includes the power to issue or approve a part of such a code of practice or document.

(3) Where a code of practice is issued, approved, amended or revoked by the Council under subsection (1), the Council must —

(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice mentioned in paragraph (a) —

(i)	the date of issue, approval, amendment or revocation, as the case may be;
(ii)	the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and
(iii)	the place at and the time during which, or the Internet website where, the code of practice which is the subject of the notice may be inspected; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available —

(i)	for inspection by members of the public free of charge; and
(ii)	for purchase by members of the public at a reasonable price.

(4) Any code of practice, amendment to an approved code of practice or revocation of any such approved code of practice, does not have any force or effect until the notice relating thereto is published in accordance with subsection (3).

(5) An approved code of practice that is also either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Council must consist of the contents of that code or document as that code or document existed on the date it was issued or approved as an approved code of practice under this section.

(6) If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —

(a)	has effect subject to the provisions of this Act; or
(b)	having regard to the provisions of this Act, does not have effect.

(7) Any approved code of practice is deemed not to be subsidiary legislation.

Use of approved codes of practice in criminal proceedings

40C.—(1) A person shall not be liable to any criminal proceedings by reason only that the person has failed to observe any approved code of practice.

(2) In any proceedings for an offence under this Act, an approved code of practice that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence is admissible in evidence in the proceedings.

(3) Without affecting any other method of proof, in any proceedings for an offence under this Act —

(a)	the production of a document purporting to be a copy of a notice published by the Council under section 40B(3)(a) is taken to be such a notice until the contrary is proved; and
(b)	the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 40B(3)(a) is taken to be the subject of that notice until the contrary is proved.

(4) In determining for the purpose of any provision of this Act as to whether any machinery, equipment, plant, installation or article is of good construction, sound material, adequate strength or in accordance with the generally accepted principles of safe and sound practice, regard must be had any relevant Singapore Standards established and published by the Enterprise Singapore Board under the Enterprise Singapore Board Act 2018 or such other standards, codes of practice or guidance acceptable to the Council.

[10/2018]

PART 9

INSPECTIONS AND OTHER POWERS
OF ENFORCEMENT

Powers of inspectors

41.—(1) An inspector has, for the purposes of the execution of this Act, power to do all or any of the following:

(a)

to enter, inspect and examine at any time any workplace;

(b)

to enter, inspect and examine at all reasonable times any place which the inspector has reasonable cause to believe to be —

(i)	a workplace; or
(ii)	a place of which a workplace forms a part;

(c)

to inspect and examine any machinery, equipment, plant, installation or article in any place mentioned in paragraphs (a) and (b);

(d)

to require the production of workplace records, certificates, notices and documents kept or required to be kept under this Act, and to inspect, examine and make a copy of any of them;

(e)

to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with, so far as regards any workplace and any person at work;

(f)

to require any person whom the inspector finds in a workplace to give such particulars of the employer and the occupier of the workplace as are within the person’s knowledge;

(g)

in the case of an inspector who is a registered medical practitioner, to carry out on any person who is or had been working in a workplace such medical examinations as may be necessary for the purposes of the inspector’s duties under this Act;

(h)

to take samples of any material or substance found in a workplace or being discharged from any workplace for the purpose of analysis or test;

(i)

to assess the levels of noise, illumination, heat or harmful or hazardous substances in any workplace and the exposure levels of persons at work therein;

(j)

to require any hospital, medical clinic or mortuary to provide any information (including the medical records) of any person who is or had been working in a workplace who is injured in an accident in a workplace or who is suspected of suffering from an occupational disease contracted from a workplace and is receiving treatment at the hospital or medical clinic;

(k)

to take such photographs or video recording as the inspector thinks necessary to record the conditions in a workplace and the processes carried on therein which may be dangerous to the safety or health of the persons at work therein;

(l)

to require any person to produce any article which is relevant to any investigation or inquiry under this Act and, if necessary, to take into custody any such article;

(m)

to require any person whom the inspector finds in the workplace to produce evidence of the person’s identity.

(2) Any person who is found in a workplace must render all necessary assistance and cooperation to the inspector as are necessary for an entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of the inspector’s powers under this Act in relation to that workplace.

(3) If entry to a workplace cannot be obtained, an inspector may —

(a)	break open any outer or inner door or window leading to the workplace;
(b)	forcibly enter such workplace and every part thereof; or
(c)	remove by force any obstruction to such entry or search.

(4) Any person who —

(a)	obstructs or delays an inspector in the exercise of the inspector’s power under this section;
(b)	fails to comply with any order of an inspector under this section, or fails to produce any record, certificate, notice or document which the person is required by or under this Act to produce;
(c)	withholds any information as to who the employer or occupier of the workplace is; or
(d)	conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Power to take samples

42.—(1) An inspector may, at any time after informing the occupier of a workplace or any person apparently in charge of the workplace, take for analysis sufficient samples of —

(a)	any substance used or intended to be used in the workplace;
(b)	any substance found in the workplace that is required for the purposes of an investigation or inquiry under this Act;
(c)	any substance the use or presence of which in the workplace is suspected to be prohibited under this Act; or
(d)	any substance found in the workplace which, in the inspector’s opinion, is likely or may prove on analysis to be likely to cause bodily injury to the persons at work in the workplace.

(2) The occupier of a workplace or any person apparently in charge of the workplace 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 3 parts, to mark and seal or fasten up each part in such manner as its nature permits, and —

(a)	to deliver one part to the occupier of the workplace or the person apparently in charge of the workplace;
(b)	to retain one part for future comparison; and
(c)	to submit one part to the Health Sciences Authority, or any testing laboratory as the Commissioner may appoint, for analysis.

(3) A certificate purporting to be a certificate by an analyst employed by the Health Sciences Authority or the testing laboratory appointed by the Commissioner under subsection (2)(c) as to the result of an analysis of a sample under this section is admissible in any proceedings under this Act 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) A person must not interfere with any equipment, instrument or device used for monitoring the workplace or taking samples for analysis.

(5) Any person who —

(a)	contravenes subsection (4); or
(b)	without the permission of the Commissioner, publishes or discloses to any person the results of any analysis made under this section,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Power to examine and secure attendance

43.—(1) An inspector may —

(a)	examine orally any person supposed to be acquainted with the facts and circumstances of any accident or dangerous occurrence or occupational disease occurring in the workplace, or with respect to any matter under this Act, and to reduce to writing any statement made by the person so examined; and
(b)	require by order in writing the attendance before the inspector of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of matters under this Act and that person must attend as so required.

(2) The person mentioned in subsection (1)(a) is bound to state truly the facts and circumstances with which he or she is acquainted concerning matters under this Act, except only that he or she may decline to make with regard to any fact or circumstance, a statement which would have a tendency to expose him or her to a criminal charge, penalty or forfeiture.

(3) A statement made under this section by any person must be read over to him or her and must, after correction, if necessary, be signed by him or her.

(4) If any person fails to attend as required by an order under subsection (1)(b), the inspector may report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order.

Competency of inspector as witness

44. In any case where a prosecution under this Act is brought at the instance of, or is conducted by, an inspector, there is to be no objection to the competency of an inspector to give evidence as a witness in any prosecution for an offence under this Act by reason that the prosecution is brought at the inspector’s instance, or conducted by the inspector.

Persons not to reveal protected information

45.—(1) If a person exercising any function under this Act as an inspector obtains protected information about the affairs of another person, the inspector must not disclose that protected information to any other person unless the disclosure —

(a)	is made with the written consent of the person to whom the information relates;
(b)	is for the purpose of the administration or enforcement of this Act; or
(c)	is in compliance with the requirement of any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions.

(2) If any person acts in contravention of subsection (1), he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) For the purpose of this section, the reference to a person disclosing any protected information includes his or her permitting any other person to have any access to any record, document or other thing containing that information which is in his or her possession or under his or her control by virtue of the person being or having been an inspector.

(4) In this section, “protected information” means information the disclosure of which would, or could reasonably be expected to disclose a trade secret or to adversely affect a person in relation to the lawful business affairs of that person.

PART 10

OFFENCES, PENALTIES
AND PROCEEDINGS

Unregistered factories

46.—(1) A person must not occupy or use any premises as a factory if —

(a)	the regulations require the person to hold a certificate of registration of a factory issued under the regulations; and
(b)	the person does not hold such a valid certificate of registration of a factory. [18/2011]

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)	to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)	in the case of a continuing offence, to a further fine not exceeding $500 or to further imprisonment for a term not exceeding 7 days or to both for every day or part of a day during which the offence continues after conviction.

Onus of proving what is reasonably practicable

47. Where in any proceedings for an offence under any provision in this Act, it is alleged that any person failed to comply with a duty to do something so far as is reasonably practicable, it is for the accused to prove that —

(a)	it was not reasonably practicable to do more than what was in fact done to satisfy that duty; or
(b)	there was no better practicable means than was in fact used to satisfy that duty.

Offences by bodies corporate, etc.

48.—(1) Where an offence under this Act has been committed by a body corporate, an officer of the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless the officer proves that —

(a)	the offence was committed without his or her consent or connivance; and
(b)	he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(3) Where an offence under this Act is committed by a partnership of individuals or bodies corporate, any partner of the partnership or any officer of the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he or she proves that —

(a)	the offence was committed without his or her consent or connivance; and
(b)	he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.

(4) Where an offence under this Act is committed by an unincorporated association (other than a partnership), any officer of the unincorporated association or member of its governing body shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he or she proves that —

(a)	the offence was committed without his or her consent or connivance; and
(b)	he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.

(5) In this section —

“body corporate” includes a limited liability partnership;

“officer” —

(a)	in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and
(b)	in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;

“partner” includes a person purporting to act as a partner.

(6) Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.

Arrest of person accused of offence under section 15(3) or 21(7)

49.—(1) Any person reasonably suspected of having committed an offence under section 15(3) or 21(7) may be arrested without warrant by any police officer or by any inspector authorised by the Commissioner in that behalf and produced before a Magistrate’s Court or a District Court.

(2) Despite any other written law, any police officer or inspector who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing the person before a court or to a police station, serve upon the person a prescribed notice requiring the person to attend at such court, at such time and on such date as may be specified in the notice.

(3) For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or inspector may require any evidence of identity that the police officer or inspector considers necessary to be furnished by the person.

(4) A duplicate of the notice served under subsection (2) must be prepared by the police officer or inspector (as the case may be) and produced by him or her to the court if so required by the court.

(5) Where an accused person appears before a court in accordance with a notice served under subsection (2), the court is to take cognizance of the offence alleged and is to proceed as though the person were produced before the court pursuant to subsection (1).

(6) If a person upon whom a notice has been served under subsection (2) fails to appear before a court in accordance with the notice, the court may issue a warrant for the arrest of that person.

(7) Where a person arrested pursuant to a warrant issued under subsection (6) is produced before a court, the court is to proceed as though the person were produced before the court under subsection (1).

[Act 31 of 2022 wef 01/11/2022]

(8) [Deleted by Act 31 of 2022 wef 01/11/2022]

General penalties

50. Any person guilty of an offence under this Act (but not including the regulations) for which no penalty is expressly provided by this Act shall be liable on conviction —

(a)	in the case of a natural person, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)	in the case of a body corporate, to a fine not exceeding $500,000,

and, if the contravention in respect of which the person was so convicted continues after the conviction, the person shall (subject to section 52) be guilty of a further offence and shall be liable to a fine —

(c)	in the case of a natural person, not exceeding $2,000 for every day or part of a day during which the offence continues after conviction; or
(d)	in the case of a body corporate, not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

Penalty for repeat offenders

51. Where a person —

(a)	has on at least one previous occasion been convicted of an offence under this Act (but not including the regulations) that causes the death of any person; and
(b)	is subsequently convicted of the same offence that causes the death of another person,

the court may, in addition to any imprisonment if prescribed, punish the person with —

(c)	in the case of a natural person, a fine not exceeding $400,000 and, in the case of a continuing offence, with a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction; and
(d)	in the case of a body corporate, a fine not exceeding $1 million and, in the case of a continuing offence, with a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

Power of court to order cause of contravention to be remedied

52.—(1) Where any person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order the person to take, within the time specified in the order (or within such further time as the court may allow), such steps as may be so specified for remedying the matters in respect of which the contravention occurred.

(2) Subject to subsection (3), where an order is made under subsection (1), the convicted person shall not be liable under this Act in respect of the continuation of the contravention during the time specified in the order or allowed by the court to remedy the matters in respect of which the contravention occurred.

(3) If, after the expiry of the time specified in the order or allowed by the court under subsection (1) following a conviction of an offence, the order is not complied with, the person mentioned in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for every day during which the non-compliance continues after the date of conviction for that firstmentioned offence.

Forgery of certificates, false entries and false declarations

53. If any person —

(a)	forges or counterfeits any certificate required by, under, or for the purposes of, this Act;
(b)	gives or signs any certificate required by, under, or for the purposes of, this Act knowing it to be false in any material particular;
(c)	knowingly utters or makes use of any certificate required by, under, or for the purposes of, this Act that is forged, counterfeited or false;
(d)	knowingly utters or makes use of, as applying to any person, any certificate required by, under, or for the purposes of, this Act which does not so apply;
(e)	personates any person named in any certificate required by, under, or for the purposes of, this Act;
(f)	falsely pretends to be an inspector;
(g)	wilfully connives at any of the matters referred to in paragraphs (a) to (f);
(h)	wilfully makes a false entry in any record, certificate, notice or document required by, under, or for the purposes of, this Act to be kept, served or sent;
(i)	wilfully makes or signs a declaration required by, under, or for the purposes of, this Act which is false; or
(j)	knowingly makes use of any false entry or declaration mentioned in paragraph (h) or (i),

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Jurisdiction of court

54. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.

When Magistrate may try offence

55. For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the complaint in writing and signed by an inspector, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010.

[15/2010]

Composition of offences

56.—(1) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine that is prescribed for the offence or a sum of $5,000, whichever is the lower.

(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

(3) All sums collected under this section must be paid into the Consolidated Fund.

Power to modify agreements

57.—(1) If, by reason of an agreement between the owner and the occupier of the workplace, the whole or any part of which has been let as a workplace, the owner or the occupier of the workplace is prevented from carrying out any structural or other alterations in the premises which are necessary to enable the owner or occupier to comply with the provisions of this Act or in order to conform with any standard or requirement imposed by or under this Act, the owner or the occupier of the workplace may apply to the General Division of the High Court for the terms of the agreement to be set aside or modified.

[40/2019]

(2) The General Division of the High Court may, after hearing the parties and any witness whom they may desire to call, make such an order setting aside or modifying the terms of the agreement as the General Division of the High Court considers just and equitable in the circumstances of the case.

[40/2019]

Power to apportion expenses

58.—(1) Where in any premises the whole or any part of which has been let as a workplace any structural or other alterations are required in order to comply with the provisions of this Act or to conform with any standard or requirement imposed by or under this Act, and the owner or occupier of the workplace (as the case may be) alleges that the whole or part of the expenses of the alterations ought to be borne by the owner or occupier of the workplace, the owner or occupier of the workplace may apply to the General Division of the High Court for the expenses of the alterations to be apportioned between them.

[40/2019]

(2) The General Division of the High Court may, after hearing the parties and any witness whom they may desire to call, make such an order concerning the apportionment of their expenses as the General Division of the High Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative, the General Division of the High Court may, at the request of the owner or occupier of the workplace, determine the lease.

[40/2019]

PART 11

GENERAL

Relation to other laws

59. Nothing in this Act or in any approved code of practice derogates from the effect of any other written law for the time being in force.

Civil liability

60.—(1) Nothing in this Act is to be construed —

(a)	as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Act; or
(b)	as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.

(2) Subsection (1) does not affect the extent (if any) to which a breach of duty imposed under any written law is actionable.

Protection from personal liability

61.—(1) No liability shall lie personally against —

(a)	the Commissioner;
(b)	a Deputy Commissioner;
(c)	an inspector; or
(d)	an authorised officer appointed by the Commissioner under section 7(3),

who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.

[44/2017]

(2) No liability shall lie personally against an authorised examiner who, acting in good faith and with reasonable care in the course of carrying out any prescribed examination or test, damages any one or more of the following items:

(a)	a hoist or lift;
(b)	a lifting gear;
(c)	a lifting appliance or lifting machine;
(d)	a steam boiler;
(e)	a steam receiver;
(f)	an air receiver;
(g)	a refrigerating plant pressure receiver;
(h)	a pressure vessel;
(i)	any other machinery required by this Act to be examined or tested by an authorised examiner. [44/2017]

Exempt workers, workplaces and equipment, etc.

62.—(1) The provisions of this Act do not apply to the persons at work specified in the Sixth Schedule, even though their work is carried out or performed in a workplace.

[18/2011]

(2) The Minister may, by order in the Gazette and with or without conditions, exempt —

(a)	any class or description of workplaces from all or any of the provisions of this Act;
(b)	any class or description of persons from compliance with all or any of the provisions of this Act; or
(c)	any class or description of machinery, equipment, plant, installation or articles from all or any of the provisions of this Act.

(3) The Commissioner may, subject to any general or special directions of the Minister, by a certificate in writing, with or without conditions, exempt —

(a)	any machinery, equipment, plant, installation or article that is identified specifically in the certificate from all or any of the provisions of this Act; or
(b)	any person identified specifically in the certificate from compliance with all or any of the provisions of this Act.

(4) If an exemption is granted under this section with conditions, the exemption operates only if the conditions are complied with.

Service of documents, etc.

63.—(1) Any document (including any summons or order) required or authorised to be served under this Act may be served —

(a)	on any person by delivering it to the person, or by leaving it at, or sending it by registered post to, his or her residence;
(b)	on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by registered post to, an office of the firm; or
(c)	on the owner of any premises, the owner of any equipment or occupier of the workplace (including any such owner or occupier of the workplace being a company registered under the Companies Act 1967, a variable capital company incorporated under the Variable Capital Companies Act 2018, or a co‑operative society registered under the Co‑operative Societies Act 1979) in any such manner as aforesaid or by delivering it, or a true copy thereof, to the manager, foreman or other responsible person at the workplace. [S 26/2022 wef 13/01/2022]

(2) Any such document may be addressed, for the purpose of the service thereof on the occupier of a workplace, to “the occupier of the workplace” at the proper postal address of the workplace, without further name or description.

(3) Subsections (1) and (2) apply, with the necessary modifications, to documents required or authorised under this Act to be sent to any person, firm, owner or occupier of the workplace, and to the sending, addressing and delivering of such documents.

Amendment of Schedules

64.—(1) Subject to this section, the Minister may, by order in the Gazette, amend any of the Schedules.

[18/2011]

(2) The Minister may prescribe in the order under subsection (1) such transitional, incidental and consequential provisions as may be necessary or expedient.

(3) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.

Regulations

65.—(1) The Minister may make regulations for carrying out the purposes and provisions of this Act.

(2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:

(a)

any matter relating to the registration of a factory, including —

(i)	the class or description of factories which require registration;
(ii)	the form and manner of application for the registration;
(iii)	the conditions of registration;
(iv)	the circumstances under which an application for registration may be granted or refused;
(v)	the issuance of a certificate of registration of a factory;
(vi)	the duration of a certificate of registration of a factory;
(vii)	the form, custody and maintenance of any register to be kept by the Commissioner of any premises registered as a factory or in respect of which a certificate of registration of a factory is issued;
(viii)	the circumstances under which a certificate of registration of a factory may be renewed, extended or revoked;
(ix)	the imposition of any duty on the occupier of a factory to provide such information to the Commissioner with respect to any change in any matter in relation to the factory;
(x)	the bringing of appeals to the Minister in respect of the registration of factories or the issue of certificates of registration of factories;

(b)

the lighting, ventilation, temperature, humidity, radiant heat, noise, drainage and hygiene in workplaces, and the fixing of standards therefor;

(c)

the provision of first-aid resources and the appointment of first-aiders in workplaces;

(d)

the procedures and resources required in case of fire at any workplace;

(e)

the means (if any) required for removing impurities from the air in workplaces and for reducing excessive heat and noise in workplaces;

(f)

the permissible exposure levels, control and disposal of any toxic or noxious materials, whether solid, liquid, gaseous or vaporous;

(g)

the handling, storage and disposal of any harmful organisms and biohazardous material;

(h)

the use and control of, and the safeguards and safety measures when using, any dangerous machinery or equipment;

(i)

the types of clothing and appliances to be provided for use at work;

(j)

in relation to any hoist or lift, lifting gear, lifting appliance and lifting machine, steam boiler, steam receiver, air receiver, refrigerating plant pressure receiver, or any other machine —

(i)	the conditions under which it may be used and any safety requirement in relation to its use;
(ii)	its construction, use or maintenance;
(iii)	the issue of certificates of competency to persons who may operate, or take charge of and control over it;
(iv)	any examination or test which is required to be conducted on it;
(v)	the person who may examine or test it to ensure its safe working condition;
(vi)	the manner in which any examination or test is to be carried out;
(vii)	the frequency of such examination or test;
(viii)	the form, custody and inspection of any certificate or report of such examination or test;
(ix)	the duty of any approved person who conducts such examination or test; and
(x)	the imposition of any duty on any person in order to ensure its safe operation or the safety of persons at work;

(k)

the fees to be paid in respect of any matter or thing done or document issued under this Act;

(l)

the issue of certificates of competency to persons taking charge of or operating internal combustion engines;

(m)

the nature of the examination for certificates of competency to be issued to persons taking charge of or operating steam boilers or internal combustion engines, the constitution of a board of examiners, the form of the certificates of competency, and the fees to be paid for such examination and certificates;

(n)

the accreditation of accredited training providers to conduct safety and health training courses for persons who are required to attend such courses under this Act, the establishment of a scheme to accredit training providers, and the fees to be paid by the accredited training providers under that scheme;

(o)

the nature of any gas plant that may be used;

(p)

the type of fittings and pipes that may be used in all or any types of gas plant;

(q)

the inspection of gas plants;

(r)

the prevention or minimisation of risk of bodily injury or injury to health where any manufacture, machinery, equipment, installation, plant, article or process used or work carried out in any workplace involves such risk;

(s)

the procedures for preparing and publishing a learning report;

(t)

the arrangements to be made for the medical supervision and medical examination (not including medical treatment of a preventive character), and for the removal from exposure of risk of any person or any class of persons at work;

(u)

the health, safety and welfare in respect of the following types of work:

(i)

building operations undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking;

(ii)

work of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking;

(iii)

design and management of building operations or work of engineering construction;

(iv)

work involving the use of or exposure to pesticides;

(v)

maintenance and repair of roads;

(vi)

building renovation work;

(vii)

lift maintenance and repair;

(viii)

work in confined spaces;

(ix)

work involving the use of visual display units;

(x)

work involving a steam boiler, a steam receiver or an air receiver; and

(xi)

any other process, work or operation —

(A)	which is of such a nature as to cause any risk of bodily injury to any person at work; or
(B)	which poses any health hazard to persons at work;

(v)

the conduct of any risk assessment or safety and health arrangement and the duties of any occupier, employer or any other person in relation to the conduct of the risk assessment or the safety and health arrangement;

(w)

the implementation of any safety and health management system and the duties of any occupier, employer or any other person in relation to the implementation of the safety and health management system;

(x)

in relation to the Council, the payment of allowances to a member of the Council who is not a public servant;

(y)

the prescribing of anything that is required or permitted to be prescribed under this Act.

[18/2011; 44/2017]

(3) The regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable —

(a)	in the case of an offence that may cause, or result in, any death or serious bodily injury to an individual or any dangerous occurrence in a workplace, with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both; and
(b)	in the case of any other offence, with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both. [44/2017]

(4) The regulations may impose duties on any person who has control or influence over any aspect of workplace safety or health, including but not limited to any occupier, owner, employer, manufacturer, designer or employed person.

(5) Regulations made under subsection (2)(r) may, among other things —

(a)	prohibit the employment of, or modify or limit the hours of employment of, any person at work in connection with any manufacture, machinery, plant, process or description of work;
(b)	prohibit, limit or control the use of any material or process;
(c)	prescribe maximum weights which may be lifted, carried or moved by any person at work;
(d)	prescribe the qualifications and minimum age of, and the training to be received by, persons who are at work using any machinery or plant; and
(e)	prescribe the procedures to be undertaken before the work can be carried out.

(6) Regulations made under subsection (2)(t) may —

(a)	require the medical supervision and medical examination under the regulations to be carried out by persons registered with the Commissioner; and
(b)	prescribe the qualifications and other conditions to be satisfied for such registration.

(7) Regulations made under subsection (2)(u) may —

(a)	apply any of the provisions of this Act to the classes of premises, processes or operations mentioned in that subsection;
(b)	impose duties on persons involved in the type of work mentioned in that subsection, including any developer, contractor, architect or engineer; and
(c)	prescribe the qualifications and training to be received by persons involved in the type of work mentioned in that subsection.

(8) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Saving and transitional provisions

66.—(1) Any subsidiary legislation made under the repealed Act and in force immediately before 1 March 2006, so far as it is not inconsistent with the provisions of this Act, continues in force in factories as if made under this Act until it is revoked or repealed.

(2) Any written law or document referring to the repealed Act or any provision thereof is, as far as may be necessary for preserving its effect, to be construed as referring to or as including a reference to this Act or the corresponding provision in this Act, as the case may be.

FIRST SCHEDULE

Sections 4(1) and 64(1)

Dangerous Occurrences

1. Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power.

2. Collapse or failure of a crane, derrick, winch, hoist, piling frame or other appliance used in raising or lowering persons or goods, or any load bearing part thereof (except breakage of chain or rope slings), or the overturning of a crane.

3. Explosion or fire damage to the structure of any room or place in which persons are at work, or to any machinery or plant contained therein, and resulting in the complete suspension of ordinary work in the room or place or stoppage of machinery or plant for 5 hours or more, where the explosion or fire is due to the ignition of dust, gas or vapour, or the ignition of celluloid or substance composed wholly or in part of celluloid.

4. Electrical short circuit or failure of electrical machinery, plant or apparatus, attended by explosion or fire or causing structural damage thereto, and involving its stoppage or disuse for 5 hours or more.

5. Explosion or fire affecting any room in which persons are at work and causing complete suspension of ordinary work therein for 24 hours or more.

6. Explosion or failure of structure of a steam boiler or of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.

7. Failure or collapse of formwork or its supports.

8. Collapse, in part or in whole, of a scaffold exceeding 15 metres in height or of a suspended scaffold or a hanging scaffold from which any person may fall more than 2 metres.

9. Accidental seepage or entry of seawater into a dry dock or floating dock causing flooding of the dry dock or floating dock.

[18/2011]

SECOND SCHEDULE

Sections 4(1) and 64(1)

Occupational Diseases

1. Aniline poisoning

2. Anthrax

3. Arsenical poisoning

4. Asbestosis

5. Barotrauma

6. Beryllium poisoning

7. Byssinosis

8. Cadmium poisoning

9. Carbamate poisoning

10. Compressed air illness or its sequelae, including dysbaric osteonecrosis

11. Cyanide poisoning

12. Diseases caused by ionizing radiation

13. Diseases caused by excessive heat

14. Hydrogen Sulphide poisoning

15. Lead poisoning

16. Leptospirosis

17. Liver angiosarcoma

18. Manganese poisoning

19. Mercurial poisoning

20. Mesothelioma

21. Noise-induced deafness

22. Occupational asthma

23. Occupational skin cancers

24. Occupational skin diseases

25. Organophosphate poisoning

26. Phosphorus poisoning

27. Poisoning by benzene or a homologue of benzene

28. Poisoning by carbon monoxide gas

29. Poisoning by carbon disulphide

30. Poisoning by oxides of nitrogen

31. Poisoning from halogen derivatives of hydrocarbon compounds

32. Musculoskeletal disorders of the upper limb

33. Silicosis

34. Toxic anaemia

35. Toxic hepatitis.

[18/2011]

THIRD SCHEDULE

Sections 4(1) and 64(1)

Work of Engineering Construction

1. The construction of any railway line or siding.

2. The construction, structural alteration or repair (including repointing and repainting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewerage works or gas holder.

3. The construction, laying, structural alteration, inspection, maintenance, repair, demolition or removal of —

(a)	any pipeline for the conveyance of water, gas or any other thing;
(b)	any drain, whether open or covered, except open drains situated in domestic premises; or
(c)	any underground electrical cable and communication cable.

4. The inspection, repair or maintenance of any manhole, sump, inspection chamber, valve chamber, and any other similar confined structure providing access to pipelines or underground electrical cables and communication cables.

5. The construction of any road or car park.

6. The reclamation of any land.

[18/2011]

FOURTH SCHEDULE

Sections 5(2) and 64(1)

Workplaces Specified As Factories

1. Any premises using an assembly-line manufacturing process in connection with the manufacturing, for the purposes of trade or gain, of any goods or products using mechanical power, not being a restaurant or kitchen.

2. Any premises used for the manufacturing, for the purposes of trade or gain, of fabricated metal products, machinery or equipment.

3. Any premises used for the manufacturing, for the purposes of trade or gain, of wood products using mechanical power.

4. Any premises used for the production of gas for commercial sale.

5. Any premises used for the manufacture of pharmaceutical products or its intermediates.

6. Any premises where the printing by letter press, offset, lithography, photogravure, rotogravure or other similar process, or the binding of such printed materials, is carried out.

7. Any premises where mechanical power is used in connection with the sorting, packing, handling or storing of articles.

8. Any premises used for the processing or manufacturing of flammable, corrosive or toxic substances, including petroleum, petroleum products, petrochemical or petrochemical products.

9. Any premises where the treatment, coating or electroplating of metal products involving the use of flammable, corrosive or toxic substances is carried out.

10. Any premises where the washing or filling of bottles, containers or vessels that contains or had contained flammable, corrosive or toxic substances is carried out, not being any premises where the filling of fuel into vehicles for their propulsion is carried out as a commercial undertaking.

11. Any premises used for the storage of gas (including liquefied gas) in a container having a storage capacity of not less than 140 cubic metres, not being any premises where the gas is stored for filling of fuel into vehicles for their propulsion as a commercial undertaking.

12. Any premises used for the bulk storage of toxic or flammable liquid (excluding liquefied gas) in a container, not being an underground container, that has a storage capacity of not less than 5,000 cubic metres.

13. Any yard (including any dock, wharf, jetty, quay and the precincts thereof) where the construction, reconstruction, repair, refitting, finishing or breaking up of ships is carried out, including the waters adjacent to any such yard where the construction, reconstruction, repair, refitting, finishing or breaking up of ships is carried out by or on behalf of the occupier of that yard.

14. Any premises where the construction, reconstruction or repair of locomotives, aircraft, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purpose of housing locomotives, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out.

15. Any premises where building operations or any work of engineering construction are carried out.

16. Any premises where articles are made or prepared incidentally to the carrying on of any building operations or any work of engineering construction, not being premises in which such operations or work are being carried out.

17. Any premises where work is carried out for or in connection with the generating of electrical energy for supply by way of trade or for purposes of gain.

18. Any premises where mechanical power is used for the purposes of or in connection with a water supply.

19. Any sewage works where mechanical power is used and any pumping station used in connection therewith.

[18/2011]

FIFTH SCHEDULE

Sections 16(9), 17(7) and 64(1)

Machinery, Equipment or Hazardous Substances

Part 1

Machinery and Equipment

1. Scaffolds and any materials or components used to erect them

2. All lifting equipment

3. Forklifts

4. Power presses

5. Bar-benders

6. Any equipment or piping intended for operation under pressure, including all statutory pressure vessels

7. Any equipment or piping intended to contain corrosive, toxic or flammable substances

8. Welding equipment, including any accessory, apparatus or fitting necessary to enable its use

9. Materials or components used for the construction of support structures

10. Explosive powered tools

11. Equipment used for abrasive blasting, including any accessory, apparatus or fitting necessary to enable its use and operation.

Part 2

Hazardous Substances

1. Corrosive substances

2. Flammable substances

3. Explosives

4. Oxidising substances

5. Pyrophoric substances

6. Gases under pressure

7. Organic peroxides

8. Self heating substances

9. Self-reactive substances

10. Substances which in contact with water, emit flammable gases

11. Toxic substances

12. Mutagens

13. Carcinogens

14. Teratogens

15. Sensitizers

16. Irritants

17. Substances hazardous to aquatic environment.

SIXTH SCHEDULE

Sections 27(2), 62(1) and 64(1)

Exempt Persons At Work

1. Any member of the Singapore Police Force (including the Special Constabulary), Singapore Prisons Service, Internal Security Department, Central Narcotics Bureau, Singapore Armed Forces, Singapore Civil Defence Force and the Immigration & Checkpoints Authority while on duty.

2. A crew member at work on board any ship, aircraft or any other international mode of transport which does not pose a risk to the safety and health of any person other than the crew member himself or herself or any other crew member on board the ship, aircraft or other international mode of transport.

LEGISLATIVE HISTORY

Workplace Safety and Health Act 2006

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.

Act 7 of 2006—Workplace Safety and Health Act 2006

Date of First Reading

17 October 2005

(Bill No. 36/2005 published on 18 October 2005)

Date of Second and Third Readings

17 January 2006

Date of commencement

1 March 2006

Note:

The Workplace Safety and Health Act 2006 repealed the Factories Act (Chapter 104, 1998 Revised Edition).

G. N. No. S 72/2007—Workplace Safety and Health (Workplaces Subject to Act) Order 2007

Date of operation

1 March 2007

2007 Revised Edition—Workplace Safety and Health Act (Chapter 354A)

Date of operation

31 July 2007

G. N. No. S 634/2007—Workplace Safety and Health Act (Amendment of First Schedule) Order 2007

Date of operation

1 March 2008

Act 9 of 2008—Workplace Safety and Health (Amendment) Act 2008

Date of First Reading

15 February 2008

(Bill No. 2/2008 published on 16 February 2008)

Date of Second and Third Readings

6 March 2008

Date of commencement

1 April 2008

2009 Revised Edition—Workplace Safety and Health Act (Chapter 354A)

Date of operation

31 July 2009

Act 4 of 2010—Statutes (Miscellaneous Amendments) Act 2010

Date of First Reading

23 November 2009

(Bill No. 26/2009 published on 23 November 2009)

Date of Second and Third Readings

12 January 2010

Date of commencement

17 February 2010 (section 6)

Act 15 of 2010—Criminal Procedure Code 2010

Date of First Reading

26 April 2010

(Bill No. 11/2010 published on 26 April 2010)

Date of Second and Third Readings

19 May 2010

Date of commencement

2 January 2011

Act 18 of 2011—Workplace Safety and Health (Amendment) Act 2011

Date of First Reading

10 March 2011

(Bill No. 13/2011 published on 10 March 2011)

Date of Second and Third Readings

11 April 2011

Date of commencement

1 September 2011

10.

Act 5 of 2014—Subordinate Courts (Amendment) Act 2014

Date of First Reading

11 November 2013 (Bill No. 26/2013 published on 11 November 2013)

Date of Second and Third Readings

21 January 2014

Date of commencement

14 April 2014

11.

Act 44 of 2017—Workplace Safety and Health (Amendment) Act 2017

Date of First Reading

2 October 2017 (Bill No. 38/2017 published on 2 October 2017)

Date of Second and Third Readings

6 November 2017

Date of commencement

1 January 2018

12.

Act 10 of 2018—Enterprise Singapore Board Act 2018

Date of First Reading

8 January 2018 (Bill No. 3/2018 published on 8 January 2018)

Date of Second and Third Readings

5 February 2018

Date of commencement

1 April 2018

13.

Act 27 of 2019—Work Injury Compensation Act 2019

Date of First Reading

5 August 2019

(Bill No. 21/2019)

Date of Second and Third Readings

3 September 2019

Date of commencement

1 September 2020

14.

Act 40 of 2019—Supreme Court of Judicature (Amendment) Act 2019

Date of First Reading

7 October 2019

(Bill No. 32/2019)

Date of Second and Third Readings

5 November 2019

Date of commencement

2 January 2021

15.

2020 Revised Edition—Workplace Safety and
Health Act 2006

Operation

31 December 2021

16.

G.N. No. S 26/2022—Variable Capital Companies (Consequential Amendments to Other Acts) Order 2022

Commencement

13 January 2022

17.

Act 31 of 2022—Statutes (Miscellaneous Amendments) Act 2022

Date of First Reading

12 September 2022

(Bill No. 24/2022)

Date of Second and Third Readings

3 October 2022

Date of commencement

1 November 2022 (section 20(15))

Abbreviations

	(updated on 29 August 2022)
G.N.	Gazette Notification
G.N. Sp.	Gazette Notification (Special Supplement)
L.A.	Legislative Assembly
L.N.	Legal Notification (Federal/Malaysian)
M.	Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)
Parl.	Parliament
S	Subsidiary Legislation
S.I.	Statutory Instrument (United Kingdom)
S (N.S.)	Subsidiary Legislation (New Series)
S.S.G.G.	Straits Settlements Government Gazette
S.S.G.G. (E)	Straits Settlements Government Gazette (Extraordinary)

COMPARATIVE TABLE

Workplace Safety and Health Act 2006

This Act has undergone renumbering in the 2020 Revised Edition. This Comparative Table is provided to help readers locate the corresponding provisions in the last Revised Edition.

2020 Ed.	2009 Ed.
—	5—(3) [Deleted by Act 18 of 2011]
5—(3)	(4)
(4)	(5)
(5)	(6)
(6)	(7)
(7)	(8)
(8)	(9)
15—(4)	15—(3A)
(5)	(4)
—	61—(3) [Deleted by Act 44 of 2017]
[Omitted as spent]	66—(1)
[Omitted as spent]	(2)
[Omitted as spent]	(3)
[Omitted as spent]	(4)
[Omitted as spent]	(5)
[Omitted as spent]	(6)
[Omitted as spent]	(7)
[Omitted as spent]	(8)
[Omitted as spent]	(9)
[Omitted as spent]	(10)
[Omitted as spent]	(11)
[Omitted as spent]	(12)
[Omitted as spent]	(13)
66—(1)	(14)
(2)	(15)

WORKPLACE SAFETY AND HEALTH ACT 2006

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