Workplace Safety and Health Act

any workplace wholly or partly owned or occupied by the

Government; and

any premises in which any building operation or any work of engineering construction is carried on by or on behalf of the

Government.

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;

any fixed vessel for containing compressed air and used for the purpose of starting an internal combustion engine;

any blast air bottle; or

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 39;

“at work” means —

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 employer, wherever that work is carried out;

in relation to a self-employed person, all times when that person is performing work as a self-employed person, wherever the work is carried out; and

in any other case, all times when the person is performing work at the direction of the person who engaged him, wherever the work is carried out;

“authorised examiner” means any person approved by the

Authority under section 33 for the purpose of carrying out any prescribed examination or test of any —

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hoist and lift;

lifting gear;

lifting appliance or lifting machine;

steam boiler;

steam receiver;

air receiver;

refrigerating plant pressure receiver;

pressure vessel; or

any other machinery required by this Act to be examined or tested by an authorised examiner;

“authorised officer” means an authorised officer appointed under section 7(2);

“Authority” means the Authority appointed under section 7(1);

[S 56/2018; S 44/2020]

“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 —

the whole or any part of any house or any other structure, whether used for the purpose of human habitation or otherwise; and

any structure, support or foundation connected to the house or structure referred to in paragraph (a);

“building operation” means —

the construction, structural alteration, repair or maintenance of a building (including the re-wiring of any electrical installation, the replacement of any lift, air-conditioning plant and ancillary ducting of a building, and the re-pointing, redecoration and external cleaning of the structure);

the demolition of a building; or

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the preparation of the 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;

(Deleted by S 56/2018);

“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 his employee, and includes a contract of apprenticeship;

“contractor” means a person engaged by a principal;

“dangerous occurrence” means any occurrence specified in

Schedule 2;

(Deleted by S 56/2018);

“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 engage or use the service of any person, whether under a contract of service or otherwise, with or without remuneration;

“employee” has the meaning ascribed to it by section 6(1);

“employer” has the meaning ascribed to it by section 6(1);

“factory” has the meaning ascribed to it by section 5(2);

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

“gas plant” —

means any plant, apparatus or machine for the manufacture or storage of any gas; and

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(2);

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“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 and chain block or set of chain blocks;

“lifting gear” includes —

any chain, rope, chain sling, webbing sling, rope sling, ring, hook, shackle, swivel or eyebolt; and

any cage or work platform used for carrying persons while it is suspended from the load line of a crane;

“lifting machine” includes —

any crane, crab, winch, teagle, runway, transporter, piling frame or piling machine; and

any work platform or suspended scaffold capable of being raised or lowered by climbers, winches or other powered device;

“machinery” includes —

any oil engine, gas engine, steam engine and any other machine in which mechanical movement, either linear, rotated or both, takes place;

any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver;

any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and

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;

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“Minister” means the Minister responsible for the administration of the Safety, Health and Environment National Authority Act

(Chapter 227);

“occupational disease” means any disease specified in

Schedule 3;

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

in the case of a factory where a certificate of registration or a factory permit 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 that certificate or permit;

and

in the case of any other premises, the person who has charge, management or control of those premises either on his own account or as agent of another person, whether or not he is also the owner of those premises;

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

the person receiving the rents or profits for the lease of the premises, whether on his own account or as agent or trustee for any other person; or

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 under water and, in particular, includes —

any building, vehicle, vessel or aircraft;

any structure, whether a fixed structure or a movable structure such as a tent; and

a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);

“pressure vessel” —

means any container or vessel used for containing any substance under pressure; and

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includes any steam boiler, steam receiver, air receiver, steam container, 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 him, engages any other person otherwise than under a contract of service —

to supply any labour for gain or reward; or

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 under the Medical Practitioners and Dentists Act (Chapter 112);

“regulations” means regulations made under 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” —

means any closed vessel in which, for any purpose, steam is generated under pressure greater than atmospheric pressure; and

includes any economiser used to heat water being fed to any such vessel and any superheater used for heating steam;

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

constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure; and

through which steam is passed at atmospheric pressure, or at approximately that pressure, for the purpose of heating, boiling, drying, evaporating or any 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;

“sub-contractor” means a person engaged, otherwise than under a contract of service, by any contractor or sub-contractor —

to supply any labour for gain or reward; or

to do any work for gain or reward, which the contractor or sub-contractor has been engaged as contractor or sub-contractor, as the case may be, to do;

“training provider” means a training provider authorised by the

Authority to provide safety and health training courses for the purposes of section 31;

“work of engineering construction” means any work specified in

Schedule 4;

“workplace” has the meaning ascribed to it by section 5(1);

“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 co-ordinator” means a workplace safety and health co-ordinator appointed under section 28;

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

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mechanical power shall not 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

any reference to the health of a person shall, where that person is pregnant, include a reference to the health of any unborn child which that person is carrying.

the handling, sorting, packing, storing, altering, repairing, construction, processing or manufacturing of any goods or products;

the handling, sorting, packing, storing, processing, manufacturing, use, disposal or in relation to, of any hazardous substance;

the repair, construction or manufacturing of any vessel or vehicle;

any building operation or work of engineering construction;

the operation or maintenance of any facility or system related to the provision of any public utility.

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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 such construction, reconstruction, repair, refitting, finishing or breaking up is carried out by or on behalf of the occupier of that yard;

any premises where the sorting of articles is carried on as a preliminary to the work carried on in any other factory, or incidentally to the purposes of any other factory, whether that other factory is situated within or outside Brunei Darussalam;

any premises where the washing or filling of bottles or containers or the packing of articles is carried on incidentally to the purposes of any other factory, whether that other factory is situated within or outside Brunei Darussalam;

any premises in which the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried out;

any laundry ancillary to another business or incidental to the purposes of any public institution;

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 premises used for the purpose of housing locomotives, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;

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 on by way of trade or for purposes of gain or incidentally to another business so carried on;

any premises where the making, adaptation or repair of dresses, scenery or props is carried on incidentally to the production of films, tapes or discs for public broadcast or screening or to the

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presentation of theatrical performances by way of trade or for purposes of gain, but not a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made;

any premises where the business of making or mending nets is carried on incidentally to the fishing industry;

any premises where mechanical power is used in connection with the making or repair of any article incidentally to any business carried on by way of trade or for purposes of gain;

any premises where the production of cinematograph films is carried on by way of trade or for purposes of gain, but not a stage or a dressing-room of any actor in or connected with the production of any cinematograph film;

any premises where articles are made or prepared incidentally to the carrying on of any building operations or any works of engineering construction, not being premises in which such operations or works are being carried on;

any premises which are used for the storage of gas, including liquefied gas, in a container having a storage capacity of not less than 140 cubic metres;

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;

any premises where mechanical power is used for the purposes of or in connection with a water supply;

any sewage works where mechanical power is used and any pumping station used in connection therewith;

any premises where building operations or any work of engineering construction are carried on;

any premises where mechanical power is used in connection with the sorting, packing, handling or storing of articles carried on by way of trade or for purposes of gain or incidentally to another business so carried on;

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any premises which are 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.

the workplace shall be treated as a factory for the purposes of this Act;

the provisions of this Act relating to the duty of an occupier shall apply to the occupier of the workplace as if he were the occupier of a factory.

that place shall not be treated as forming part of the factory for the purposes of this Act; but

that place shall, if it would otherwise be a factory, be treated as a separate factory for the purposes of this Act.

does work for another person with the knowledge or consent of that other person; and

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 —

as if the volunteer were an employee of that other person;

as if person A were an employee of the person (referred to in this subsection as person B) who agreed to provide on-the-job training or work experience;

as if person B were person A’s employer; and

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as if person A were at work when in the workplace for the purpose of receiving on-the-job training or gaining work experience.

an employer places an employee (referred to in this subsection as the loaned employee) at the disposal of another person to do work for that other person; and

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 —

the loaned employee shall be regarded as if he were an employee of that other person (instead of his employer) while the loaned employee is at work for that other person;

the occupier of the factory is deemed to be the employer of that person;

the provisions of this Act apply as if the occupier of the factory were the employer of that person, unless the occupier of the factory proves that he is not the employer of that person.

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has the necessary expertise to carry out the work for which the contractor is engaged by the principal to do; and

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.

have sufficient experience and training to carry out the work for which the contractor is engaged by the principal to do; and

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.

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

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.

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 use alone or for use by him in common with others) for securing his safety, health and welfare while at work;

to co-operate with his employer or principal and any other person to such extent as will enable his employer, principal or the other person, as the case may be, to comply with this Act.

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

the precautions (if any) to be taken for the proper use and maintenance of the machinery, equipment or hazardous substance;

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

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

apply only if the machinery, equipment or hazardous substance is manufactured or supplied in the course of any trade, business, profession or undertaking carried on by that person, whether for profit or not;

apply whether or not the machinery, equipment or hazardous substance is exclusively manufactured or supplied for use by persons at work;

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,

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equipment or hazardous substance to any person for the purpose of supply to others.

carries on the business of financing the acquisition of goods by others by means of such agreements; and

in the course of that business acquired his interest in the machinery or equipment supplied to the customer as a means of financing its acquisition by the customer from a third person

(referred to in this subsection as the effective supplier), the effective supplier shall be treated for the purposes of this section as supplying the machinery or equipment to the customer instead of to the ostensible supplier, and any duty imposed by subsection (2) on a supplier shall accordingly apply to the effective supplier, and not to the ostensible supplier.

the test and examination has already been carried out otherwise than by, or on behalf of, that person; and

it is reasonable for him to rely on that test and examination.

he 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

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machinery or equipment regarding its erection, installation or modification; and

it is reasonable for him to rely on that information.

so far as is reasonably practicable, that the machinery is maintained in a safe condition; and

that the precautions (if any) to be taken for the safe use of the machinery and for the health hazards (if any) associated with the machinery are available to any person using the machinery.

deduct, or allow to be deducted, from the sum contracted to be paid by him to any employee of his; or

receive, or allow any agent of his to receive, any payment from any employee of his, in respect of anything to be done or provided by him in accordance with this

Act in order to ensure the safety, health or welfare of any of his employees at work.

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has assisted (whether by the giving of information or otherwise) an inspector, an authorised person or any public officer 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;

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;

is performing his duties in good faith as a member of a workplace safety and health committee; or

has complied with an order made under section 21 or has otherwise complied with this Act, or proposes to do so.

every document issued in respect of the workplace by the

Authority under this Act;

a copy of every notice furnished to the Authority as required under this Act;

all reports and particulars prepared in respect of the workplace under this Act.

be kept for not less than 5 years from the date they were made or for such other period as may be prescribed; and

whenever he is required to do so within that period, be produced and made available to an inspector for inspection.

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electric generators and motors located in the common area;

hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area;

means of access into or egress from the common area;

any machinery or plant located in the common area which belongs to or is supplied by the owner or occupier of the common area;

signage and evacuation plans in the common area in cases of emergency; and

safety and environmental conditions in the common area.

in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —

not comprised in any lot or proposed lot in that strata title plan; and

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in relation to any other land and building, such part of the land and building —

not comprised in any non-strata lot; and

in the case of common property to be comprised in a strata title plan, designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of any two or more (but not all) of those proposed lots in the parcel; or

in the case of common property comprised in a strata title plan, designated in the strata title plan or a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan for the exclusive benefit of the subsidiary proprietors of two or more (but not all) lots in that strata title plan, but does not include —

the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel;

and

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

modify the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

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

modifying the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

ascertaining the causes and circumstances of the accident, dangerous occurrence or occupational disease; and

enabling it to make the report to the Minister.

all the powers of a Court of a Magistrate;

all the powers of an inspector under this Act; and

all of the following powers —

to enter and inspect any premises, the entry or inspection of which appears to the Inquiry Committee necessary for the purposes of the inquiry;

stating the causes of the accident, dangerous occurrence or occupational disease and their circumstances; and

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adding any observations or recommendations which it thinks appropriate to make.

fails to comply with any summons, order or requisition of the Inquiry Committee; or

prevents or impedes the Inquiry Committee in the execution of its duties, is guilty of an offence and liable on conviction to a fine not exceeding $2,000.

lifting gear;

lifting appliance or lifting machine;

steam boiler;

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air receiver;

refrigerating plant pressure receiver;

pressure vessel; or

any other machinery required by this Act to be examined or tested by an authorised examiner;

in such form as the Authority may determine;

accompanied by such information, statements and documents as the Authority may require; and

accompanied by the prescribed fee.

possesses the prescribed qualifications and prescribed practical experience; and

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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.

the Authority is satisfied that such person —

had obtained or procured his approval by fraud or misrepresentation;

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

give the affected person notice in writing of the intention of the Authority to do so;

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specify a date, not less than 21 days after the date of the notice, upon which the suspension or cancellation shall take effect;

and

call upon the affected person to show cause to the Authority why his approval as an authorised person should not be suspended or cancelled.

fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or

fails to show sufficient cause, the Authority shall give notice in writing to that person of the date from which the suspension or cancellation of the approval shall take effect.

the offence was committed without his consent or connivance; and

he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

the offence was committed without his consent or connivance; and

he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

in the case of an individual, to a fine not exceeding $200,000, imprisonment for a term not exceeding 2 years or both; and

in the case of a body corporate, to a fine not exceeding $10,000,000, and, if the contravention in respect of which he was so convicted continues after the conviction, he is (subject to section 51) guilty of a further offence and liable to a fine —

in the case of an individual, not exceeding $2,000 for every day or part thereof during which the offence continues after conviction; or

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

is subsequently convicted of the same offence that causes the death of another person, the court may, in addition to any other imprisonment it imposes, punish him with —

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in the case of an individual, 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 thereof during which the offence continues after conviction; and

forges or counterfeits any certificate required by, under, or for the purposes of, this Act;

gives or signs any certificate required by, under, or for the purposes of, this Act, knowing it to be false in any material particular;

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knowingly utters or makes use of any certificate required by, under, or for the purposes of, this Act that is forged, counterfeited or false;

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;

personates any person named in any certificate required by, under, or for the purposes of, this Act;

falsely pretends to be an inspector;

wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use of, personating or pretending referred to in paragraphs (a) to (f);

wilfully makes a false entry in any record, notice, certificate or document required by, under, or for the purposes of, this Act to be kept, served or sent;

wilfully makes or signs a declaration required by, under, or for the purposes of, this Act which is false; or

knowingly makes use of any false entry or declaration referred to in paragraph (h) or (i), he is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.

When magistrate may take cognisance of offence 53.

For the purpose of section 133 of the Criminal Procedure Code

(Chapter 7) and notwithstanding subsection (1) thereof, a magistrate may take cognisance of any offence under this Act upon receiving a complaint in writing signed by an inspector.

Jurisdiction of court 54.

Notwithstanding the provisions of any written law to the contrary, a Court of a Magistrate shall have jurisdiction to try any offence under this

Act and shall have the power to impose the full penalty or punishment in respect of the offence.

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Compounding of offences 55.

any class or description of workplace from all or any of the provisions of this Act;

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any class or description of person from compliance with all or any of the provisions of this Act; and

any class or description of machinery, equipment, plant, installation or articles from all or any of the provisions of this Act.

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

any person identified specifically in the certificate from compliance with all or any of the provisions of this Act.

on any person by delivering it to him, by leaving it at or by sending it by registered post to his residence;

on any firm by delivering it to any partner of that firm, by leaving it at or by sending it by registered post to an office of that firm;

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 (Chapter 39) or a co-operative society registered under the Co-operative Societies Act (Chapter 84)) in any such manner as aforesaid or by delivering it, or a true copy thereof, to the manager, foreman or other responsible person at that workplace.

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