Section 62
Service of documents etc.
of Workplace Safety and Health Act
(1)
Any document (including any summons or order) required or authorised to be served under this Act may be served —
(a)
on any person by delivering it to him, by leaving it at or by sending it by registered post to his residence;
(b)
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;
(c)
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.
(2)
Any such document may be addressed, for the purpose of the service thereof on the occupier of a workplace, to “the occupier of the workplace” at the proper postal address of the workplace, without further name or description.
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(3)
Subsections (1) and (2) apply, with the necessary modifications, to documents required or authorised under this Act to be sent to any person, firm, owner or occupier of the workplace, and to the sending, addressing and delivering of such documents.
Amendment of Schedules 63.
(1)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, amend any of the
Schedules.
(2)
The Minister may prescribe in the order under subsection (1)
such incidental, consequential and supplementary provisions as he considers necessary or expedient.
Regulations 64.
(1)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make such regulations as he considers necessary or expedient for giving effect to and carrying out the purposes and provisions of this Act, including the prescription of fees and of any other thing required to be or which may be prescribed under this Act, and for the due administration thereof, and such regulations may include such incidental, consequential and supplementary provisions as he considers necessary or expedient.
(2)
Without prejudice to the generality of subsection (1), the
Minister may make regulations for or with respect to all or any of the following matters —
(a)
any matter relating to the registration of a factory, including —
(i)
the class or description of factories which require registration;
(ii)
the form and manner of application for the registration;
(iii)
the conditions of registration;
(iv)
the circumstances under which an application for registration may be granted or refused;
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(v)
the issuance of a certificate of registration of a factory or a factory permit in lieu of such a certificate;
(vi)
the duration of the certificate of registration or factory permit;
(vii)
the form, custody and maintenance of any register to be kept by the Authority of any premises registered as a factory or in respect of which a factory permit is issued;
(viii)
the circumstances under which a certificate of registration or factory permit may be renewed, extended or revoked;
(ix)
the imposition of any duty on the occupier of a factory to provide such information to the Authority with respect to any change in any matter in relation to the factory;
(x)
the bringing of appeals to the Minister in respect of the registration of factories or the issue of factory permits;
(b)
the lighting, ventilation, temperature, humidity, radiant heat, noise, drainage and hygiene in workplaces, and the fixing of standards therefor;
(c)
the provision of first-aid resources and the appointment of first-aid personnel in workplaces;
(d)
the procedures and resources required in case of fire at any workplace;
(e)
the means, if any, required for removing impurities from the air in workplaces and for reducing excessive heat and noise in workplaces;
(f)
the permissible exposure levels, control and disposal of any toxic or noxious materials, whether solid, liquid, gaseous or vaporous;
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(g)
the handling, sorting, packing, storing, processing, manufacturing, use, disposal or in relation to, of any harmful organisms, hazardous substance and biohazardous material;
(h)
the use and control of, and the safeguards and safety measures when using, any dangerous machinery or equipment;
(i)
the types of clothing and appliances to be provided for use at work;
(j)
in relation to any hoist or lift, lifting gear, lifting appliance and lifting machine, steam boiler, steam receiver, air receiver, refrigerating plant pressure receiver and any other machine —
(i)
the conditions under which it may be used and any safety requirement in relation to its use;
(ii)
its construction, use or maintenance;
(iii)
the issue of certificates of competency to persons who may operate, or take charge and control over it;
(iv)
any examination or test which is required to be conducted on it;
(v)
the person who may examine or test it to ensure its safe working condition;
(vi)
the manner in which any examination or test is to be carried out;
(vii)
the frequency of such examination or test;
(viii)
the form, custody and inspection of any certificate or report of such examination or test;
(ix)
the duty of any approved person who conducts such examination or test; and
(x)
the imposition of any duty on any person in order to ensure its safe operation or the safety of persons at work;
(k)
the fees to be paid in respect of any matter or thing done or document issued under this Act;
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(l)
the issue of certificates of competency to persons taking charge of or operating internal combustion engines;
(m)
the nature of the examination for certificates of competency to be issued to persons taking charge of or operating steam boilers or internal combustion engines, the constitution of a board of examiners, the form of the certificates of competency, and the fees to be paid for such examination and certificates;
(n)
the authorisation of training providers to conduct safety and health training courses for persons who are required to attend such courses under this Act, the establishment of a scheme to authorise training providers, and the fees to be paid to the training providers under that scheme;
(o)
the nature of any gas plant that may be used;
(p)
the type of fittings and pipes that may be used in all or any types of gas plant;
(q)
the inspection of gas plants;
(r)
the prevention or minimisation of risk of bodily injury or injury to health where any manufacture, machinery, equipment, installation, plant, article or process used or work carried out in any workplace involves such risk;
(s)
the arrangements to be made for the medical supervision and medical examination (not including medical treatment of a preventive character) and for the removal from exposure to risk of any person or any class of person at work;
(t)
the health, safety and welfare in respect of the following types of work —
(i)
building operations undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking;
(ii)
works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking;
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(iii)
design and management of building operations or works of engineering construction;
(iv)
work involving the use of or exposure to pesticides;
(v)
maintenance and repair of roads;
(vi)
building renovation work;
(vii)
lift maintenance and repair;
(viii)
work in confined spaces;
(ix)
work involving the use of visual display units;
(x)
work involving a steam boiler, steam receiver or air receiver;
(xi)
any other process, work or operation —
(A)
which is of such a nature as to cause any risk of bodily injury to any person at work; or
(B)
which poses any health hazard to persons at work;
(u)
the conduct of any risk assessment or safety and health arrangement and the duties of any occupier, employer or any other person in relation to the conduct of that risk assessment or that safety and health arrangement;
(v)
the implementation of any safety and health management system and the duties of any occupier, employer or any other person in relation to the implementation of that safety and health management system.
(3)
The regulations made under this section may prescribe offences in respect of the contravention of any provision thereof, and may prescribe that fines not exceeding $20,000 and imprisonment for a term not exceeding 2 years may, on conviction, be imposed in respect of any such offence.
(4)
The regulations may impose duties on any person who has control or influence over any aspect of workplace safety or health, including but not limited to any occupier, owner, employer, manufacturer, designer or employed person.
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(5)
Regulations made under subsection (2)(r) may —
(a)
prohibit the employment of, or modify or limit the hours of employment of, any person at work in connection with any manufacture, machinery, plant, process or description of work;
(b)
prohibit, limit or control the use of any material or process;
(c)
prescribe maximum weights that may be lifted, carried or moved by any person at work;
(d)
prescribe the qualifications and minimum age of, and the training to be received by, persons who are at work using any machinery or plant; and
(e)
prescribe the procedures to be undertaken before that work can be carried out.
(6)
Regulations made under subsection (2)(s) may —
(a)
require the medical supervision and medical examination under the regulations to be carried out by a person approved by the
Authority; and
(b)
prescribe the qualifications and other conditions to be satisfied for such approval.
(7)
Regulations made under subsection (2)(t) may —
(a)
apply any of the provisions of this Act to the classes of premises, processes or operations referred to in that subsection;
(b)
impose duties on persons involved in the type of work referred to in that subsection, including any developer, contractor, architect or engineer; and
(c)
prescribe the qualifications and training to be received by persons involved in the type of work referred to in that subsection.
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