Section 6
Meanings of “employee” and “employer”
of Workplace Safety and Health Act
(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 his 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 shall include 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 —
(i)
as if the volunteer were an employee of that other person;
(ii)
as if that other person were the volunteer’s employer;
and
(iii)
as if the volunteer were at work when doing work for that other person.
(3)
For the purposes of this Act, any reference to an employee shall also include 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 (referred to in this subsection as person A), and this
Act applies —
(a)
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;
(b)
as if person B were person A’s employer; and
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(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 (referred to in this subsection as 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 —
(i)
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;
(ii)
that other person shall be regarded as if he were the employer of the loaned employee while the loaned employee is at work for that other person; and
(iii)
the loaned employee shall be regarded as if he 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 that person;
(b)
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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