Section 14A
of Workplace Safety and Health Act
Section 14A
(1)
It shall be 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 —
(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.
(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.
(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.
(4)
In any proceeding for an offence under this section, it shall not be a defence for the principal to prove that he 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 his contractor, that the contractor has compiled with or will comply with the requirements referred to in subsection (1)(a) or (b).
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(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.
(6)
Nothing in section 14 limits the duty of a principal under this section.
Duties of persons at work 15.
(1)
It shall be 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 use alone or for use by him in common with others) for securing his safety, health and welfare while at work;
(b)
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.
(2)
No person at work shall wilfully or recklessly interfere with or misuse any 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) pursuant to any requirement under this Act for securing the safety, health or welfare of persons (including himself) 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 others is guilty of an offence.
(4)
Any person who contravenes subsection (1) or (2) is guilty of an offence and 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)
This section applies only to machinery, equipment or hazardous substance specified in Schedule 5.
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(2)
Subject to this section, it shall be 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 it 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;
(iii)
the information relating to and the results of any test or examination 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 tested and examined so as to comply with the obligation imposed by paragraph (b).
(3)
The duties imposed on any person to whom subsection (2)
applies shall —
(a)
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;
(b)
apply whether or not the machinery, equipment or hazardous substance is exclusively manufactured or supplied for use by persons at work;
(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,
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equipment or hazardous substance to any person for the purpose of supply to others.
(4)
The duties imposed on any person to whom subsection (2)
applies do not apply to a person by reason only that he supplies the machinery or equipment under a hire-purchase agreement, conditional sale agreement or credit-sale agreement to another person (referred to in this section as the customer) in the course of a business of financing the acquisition of the machinery or equipment by the customer from others.
(5)
Where a person (referred to in this subsection as 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 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.
(6)
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 shall have the effect of relieving the first-mentioned person from the duty imposed by subsection (2)(b) to such extent as is reasonable having regard to the terms of the undertaking.
(7)
Any person required under subsection (2)(c) to ensure that any machinery, equipment or hazardous substance is tested and examined so as to
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comply with the obligation imposed by subsection (2)(b) shall be regarded as having complied with subsection (2)(c) to the extent that —
(a)
the test and examination has already been carried out otherwise than by, or on behalf of, that person; and
(b)
it is reasonable for him to rely on that test and examination.
(8)
For the purposes of this section, an absence of safety, or a risk to health, shall be disregarded in so far 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.
(9)
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.
Duties of persons who erect, install or modify machinery or equipment and persons in control of machinery for use at work 17.
(1)
Subsections (2), (3) and (4) apply only to machinery or equipment specified in Part 1 of Schedule 5.
(2)
It shall be 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.
(3)
The duty imposed on a person erecting, installing or modifying any machinery or equipment under subsection (2) applies only if the machinery or equipment is erected, installed or modified in the course of that person’s trade, business, profession or undertaking.
(4)
Any person required under subsection (2) 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 shall be regarded as having complied with that subsection to the extent that —
(a)
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
(b)
it is reasonable for him to rely on that information.
(5)
Where any machinery moved by mechanical power is used in any workplace, then notwithstanding anything in this Act, it shall be 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 for the health hazards (if any) associated with the machinery are available to any person using the machinery.
(6)
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 (5) applies to the hirer or lessee of the machinery instead of the owner.
(7)
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 (5)(a) applies to that other person instead of the owner, hirer or lessee.
Other related duties of occupiers and employers 18.
(1)
An employer shall not —
(a)
deduct, or allow to be deducted, from the sum contracted to be paid by him to any employee of his; or
(b)
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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(2)
An employer shall not dismiss or threaten to dismiss an employee because the employee —
(a)
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;
(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 his 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 has otherwise complied with this Act, or proposes to do so.
(3)
The occupier of a workplace shall cause to be kept in the workplace —
(a)
every document issued in respect of the workplace by the
Authority under this Act;
(b)
a copy of every notice furnished to the Authority as required under this Act;
(c)
all reports and particulars prepared in respect of the workplace under this Act.
(4)
Any occupier of a workplace shall ensure that the documents referred to in subsection (3) shall —
(a)
be kept for not less than 5 years from the date they were made or for such other period as may be prescribed; and
(b)
whenever he is required to do so within that period, be produced and made available to an inspector for inspection.
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(5)
Any person who contravenes subsection (1) or (2) 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.
(6)
Any person who contravenes subsection (3) or (4) is guilty of an offence and liable on conviction to a fine not exceeding $2,000.
Duties of occupier 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 that building (referred to in this section as the common area) which is used by persons at work in any such workplace or is used by such persons to move through shall be treated as part of their workplace.
(2)
It shall be 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;
(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;
(e)
signage and evacuation plans in the common area in cases of emergency; and
(f)
safety and environmental conditions in the common area.
(3)
In this section —
“common property” means —
(a)
in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —
(i)
not comprised in any lot or proposed lot in that strata title plan; and
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(ii)
used or capable of being used or enjoyed by occupiers of two or more lots or proposed lots; or
(b)
in relation to any other land and building, such part of the land and building —
(i)
not comprised in any non-strata lot; and
(ii)
used or capable of being used or enjoyed by occupiers of two or more non-strata lots within that land or building;
“limited common property” means such part of the common property in a parcel that is —
(a)
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
(b)
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 —
(i)
the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel;
and
(ii)
any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel;
“occupier”, in relation to a common area, includes the strata or management corporation having control of that common area;
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“parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan.
Offence of breach of duty under this Part 20.
In the event of any contravention by any person of any provision in this Part which imposes a duty on a person, that person is guilty of an offence.