Section 32
of Workplace Safety and Health Act
Section 32
No person shall 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;
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(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)
workplace safety and health officer;
(c)
a workplace safety and health co-ordinator;
(d)
a workplace safety and health auditor; or
(e)
a training provider,
(referred to in this Part as an authorised person) except with the approval of the Authority.
Application for and grant of approval 33.
(1)
An application for approval to act as an authorised person shall be —
(a)
in such form as the Authority may determine;
(b)
accompanied by such information, statements and documents as the Authority may require; and
(c)
accompanied by the prescribed fee.
(2)
The Authority shall not approve any person as an authorised person unless the Authority is satisfied that the applicant —
(a)
possesses the prescribed qualifications and prescribed practical experience; and
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(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.
(3)
Upon the approval of a person as an authorised person, the Authority shall issue him with a certificate of approval to act as a relevant authorised person for such period as the Authority may specify therein.
Duration of approval 34.
Subject to section 35, any approval of a person as an authorised person shall each be valid for such period as the Authority may determine.
Cancellation of approval 35.
(1)
The Authority may suspend or cancel the approval of any person as an authorised person if —
(a)
the Authority is satisfied that such person —
(i)
had obtained or procured his approval by fraud or misrepresentation;
(ii)
is in breach of any 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 Authority considers that it is in the public interest to do so.
(2)
The Authority shall, before suspending or cancelling the approval of any person as an authorised person under subsection (1) —
(a)
give the affected person notice in writing of the intention of the Authority to do so;
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(b)
specify a date, not less than 21 days after the date of the notice, upon which the suspension or cancellation shall take effect;
and
(c)
call upon the affected person to show cause to the Authority why his approval as an authorised person should not be suspended or 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 him to do so or such extended period of time as the Authority may allow; or
(b)
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.
(4)
A person whose approval as an authorised person has been suspended or cancelled may, within 14 days after the receipt of the notice referred to in subsection (3), appeal in writing against the suspension or cancellation to the Minister, whose decision is final.
Surrender of certificate 36.
A person whose approval as an authorised person has been suspended or cancelled by the Authority under section 35 shall, within 7 days of the date of the cancellation, surrender his certificate of approval issued under section 33(3).
False assumption of title 37.
No person shall claim or imply that he has been approved by the
Authority as a relevant authorised person unless he has been approved as such under section 33.
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Offences under this Part 38.
Any person who contravenes section 32, 36 or 37 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.