Section 4

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.