Wednesday, October 5, 2011

WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008


WORKPLACE SAFETY AND HEALTH ACT (CHAPTER 354A)
WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 
2008
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation and commencement
2. Definitions
3. Application
4. Register of factories
5. Duty to notify Commissioner of occupation or use of factory not falling within classes of
factories described in First Schedule
6. Registration of factories falling within classes of factories described in First Schedule
7. Power to require registration of factory in certain circumstances
8. Change in relation to occupation, use or particulars of factory
9. Revocation and suspension of registration
10. Appeals to Minister
11. Power to waive or refund fees
12. Revocation
13. Savings and transitional provisions
The Schedules
In exercise of the powers conferred by section 65 of the Workplace Safety and Health Act, Mr
Gan Kim Yong, Senior Minister of State, charged with the responsibility of the Minister for
Manpower, hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Workplace Safety and Health (Registration of
Factories) Regulations 2008 and shall come into operation on 1st November 2008.
Definitions
2.  In these Regulations, unless the context otherwise requires —
“occupier”, in relation to a factory in respect of which a notification has been submitted to the
Commissioner under regulation 5, means the person who is named in the notification as
the occupier of the factory;
“pharmaceutical product”, for the purpose of Part II of the First Schedule, means a medicinal
product which is a substance used wholly or mainly for the purpose of treating or
preventing disease, but does not include —
(a) any traditional medicine;
(b) any homoeopathic medicine;
(c) any quasi-medicinal product;
(d) any raw material which is used as an ingredient in the preparation or manufacture
of any medicinal product; or
(e) any medicated oil or balm;
“registered factory” means any premises which are registered as a factory under regulation
6.WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
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Application
3.  These Regulations shall not apply to —
(a) any factory in which building operations (other than excavation or piling works) or
works of engineering construction are being carried out for a period not exceeding 2
months; and
(b) any premises where —
(i) the number of persons at work within the premises is ordinarily less than 10
(whether or not they are all at work at those premises at the same time); and
(ii) none of the following is used or created:
(A) any mechanical power, steam boiler, steam container, steam receiver,
air receiver, refrigerating plant pressure receiver or gas plant; and
(B) any highly flammable or noxious substance.
Register of factories
4.—(1)  The Commissioner shall cause a register of factories to be kept and maintained in such
form as he may determine.
(2)  The register of factories shall contain the building names (if any) and addresses of all
factories registered under regulation 6 and such other particulars of such registered factories as
the Commissioner may determine.
Duty to notify Commissioner of occupation or use of factory not falling within classes of
factories described in First Schedule
5.—(1)  Any person who desires to occupy or use any premises as a factory not falling within
any of the classes of factories described in Part I or II of the First Schedule shall, before the
commencement of operation of the factory, submit a notification to the Commissioner informing
the Commissioner of his intention to occupy or use those premises as such a factory.
(2)  The duty to notify the Commissioner under paragraph (1) shall apply whether the person
referred to in that paragraph is the first person to occupy or use the premises as such a factory or
is taking over the occupation or use of those premises as such a factory from another person.
(3)  The notification referred to in paragraph (1) shall —
(a) be submitted to the Commissioner in such form and manner as the Commissioner may
require; and
(b) be accompanied by such particulars, information, statements and documents as the
Commissioner may require.
(4)  The occupier of a factory in respect of which a notification has been submitted to the
Commissioner under paragraph (1) shall —
(a) where any change takes place in any of the particulars of the factory which have been
notified to the Commissioner, furnish particulars of the change to the Commissioner in
such form and manner as the Commissioner may require, not later than 14 days of the
change taking place;
(b) if he intends to cease his occupation or use of the factory, notify the Commissioner
thereof in such form and manner as the Commissioner may require, not less than 14
days before so ceasing; and
(c) where any change is to be made to the type of work carried out in the factory, inform
the Commissioner of the proposed change in writing and provide the Commissioner
with the relevant documents pertaining to the change and such other information as
the Commissioner may require, not less than one month before the change is made.
(5)  Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $5,000.WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
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(6)  Any person who contravenes paragraph (4)(a) or (b) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $2,000.
(7)  Any person who contravenes paragraph (4)(c) shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $3,000.
Registration of factories falling within classes of factories described in First Schedule
6.—(1) Any person who desires to occupy or use any premises as a factory falling within any of
the classes of factories described in Part I or II of the First Schedule shall apply to register the
premises as a factory.
(2) An application under paragraph (1) to register any premises as a factory shall —
(a) be in such form and manner as the Commissioner may require;
(b) be accompanied by such particulars, information, statements and documents as the
Commissioner may require; and
(c) be made at least one month before the factory starts operation.
(3)  On receipt of an application under paragraph (1), the Commissioner may —
(a) register the premises as a factory, subject to such conditions as the Commissioner
thinks fit, and enter in the register of factories such other relevant particulars pertaining
to the applicant or the factory as the Commissioner thinks fit, and on payment of the
fee specified in the Second Schedule, issue to the applicant a certificate of registration
subject to such conditions as the Commissioner may think fit to impose; or
(b) refuse to register the premises.
(4)  Where the Commissioner refuses to register the premises in respect of which an application
under paragraph (1) has been made, he shall give the applicant notice in writing of the reasons
for his refusal.
(5)  A certificate of registration that is issued under paragraph (3)(a) in respect of any factory
described in Part I of the First Schedule —
(a) shall be valid for a period of 5 years, or for such other period as the Commissioner may
determine in a particular case, unless it is earlier revoked in accordance with these
Regulations; and
(b) may, on payment of the appropriate fee specified in the Second Schedule, be renewed
by the Commissioner for 5 years or such other period as the Commissioner may
determine in a particular case, from the date immediately following that on which, but for
its renewal, the certificate of registration would have expired.
(6)  A certificate of registration that is issued under paragraph (3)(a) in respect of any factory
described in Part II of the First Schedule shall remain in force from the date of its issue until such
time as it is revoked in accordance with these Regulations.
(6A)  A certificate of registration that is issued under paragraph (3)(a) in respect of any factory
pursuant to an application made by its occupier at the direction of the Commissioner under
regulation 7(1)(ii) —
(a) shall be valid for a period of one year, or for such other period as the Commissioner
may determine in a particular case, unless it is earlier revoked in accordance with these
Regulations; and
(b) may, on payment of the appropriate fee specified in the Second Schedule, be renewed
by the Commissioner for one year or such other period  as the Commissioner may
determine in a particular case, from the date immediately following that on which, but for
its renewal, the certificate of registration would have expired.
(7)  Where a certificate of registration is revoked under
regulation 9 or expires, the premises to which the certificate of registration relates shall
immediately cease to be registered as a factory under these Regulations.WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
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(8)  Where a certificate of registration is suspended under regulation 9, the premises to which
the certificate of registration relates shall, during the period of suspension, cease to be registered
as a factory under these Regulations.
Power to require registration of factory in certain circumstances
7.—(1)  Notwithstanding regulation 5 or 6 but subject to paragraph (2), where the Commissioner
is satisfied that —
(a) any factory in respect of which a notification has been submitted under regulation 5 or
any machinery, equipment, plant or article being used therein is in such condition; or
(b) any process or work is being carried on in that factory in such a manner,
as to pose or be likely to pose a risk to the safety, health and welfare of persons at work in the
factory, the Commissioner may, by notice in writing to the occupier of the factory concerned —
(i) specify a date as from which the notification that has been submitted in respect
of that factory under regulation 5 shall cease to be valid; and
(ii) direct the occupier of that factory, within such time as may be specified in the
notice, to apply to the Commissioner to register the factory under regulation 6
notwithstanding that the factory does not fall within any of the classes of factories
described in Part I or II of the First Schedule.
(2)  The Commissioner shall not exercise his powers under paragraph (1)(i) and (ii) unless he
has given the occupier of the factory concerned  an opportunity  to show cause as to why he
should not be required to register his factory.
(3)  Regulation 6(2)(a) and (b) and (3) to (8) shall apply to an application to register a factory
made pursuant to paragraph (1)(ii).
(4)  Where any notification under regulation 5 in respect of a factory ceases to be valid by virtue
of paragraph (1)(i) and the occupier of the factory continues to occupy or use that factory when it
is not registered pursuant to paragraph (1)(ii), he shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $5,000.
Change in relation to occupation, use or particulars of factory
8.—(1)  The occupier of a registered factory shall —
(a) where any change takes place in any of the particulars of the registered factory as
entered in the register of factories by the Commissioner under regulation 6(3)(a),
furnish particulars of the change to the Commissioner in such form and manner as the
Commissioner may require, not later than 14 days of the change taking place;
(b) if he intends to cease his occupation or use of the registered factory, notify the
Commissioner thereof in such form and manner as the Commissioner may require, not
less than 14 days before so ceasing; and
(c) where any change is to be made to the type of work for which the factory is registered,
inform the Commissioner of the proposed change in writing and provide the
Commissioner with the relevant documents pertaining to the change and such other
information as the Commissioner may require, not less than one month before the
change is made.
(2)  Any person who contravenes paragraph (1)(a) or (b) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $2,000.
(3)  Any person who contravenes paragraph (1)(c) shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $3,000.
Revocation and suspension of registration
9.—(1)  If any registered factory becomes unfit for occupation or use as a factory by reason of

(a) any change in the type of the work for which the factory is registered;WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
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(b) any structural change to the premises of the registered factory or any change in the
layout of the premises; or
(c) any fact or circumstance not present when the factory was registered,
the Commissioner may, by notice in writing, direct the occupier of the registered factory to comply
with such requirements as may be specified in the notice.
(2)  Where the occupier of the registered factory to  whom any notice under paragraph (1) is
given fails to comply with the notice, the Commissioner may —
(a) suspend the certificate of registration of the factory for such period as he thinks fit; or
(b) revoke the certificate of registration of the factory.
(3)  Where the Commissioner is satisfied that there has been a contravention of any condition
of a certificate of registration, he may —
(a) suspend the certificate of registration of the factory for such period as he thinks fit; or
(b) revoke the certificate of registration of the factory.
(3A)  The Commissioner may —
(a) on the application of the occupier of a registered factory; or
(b) on being satisfied that the occupier of a registered factory has ceased to occupy the
factory,
revoke the certificate of registration of the factory.
(4)  The Commissioner shall, before suspending or revoking any certificate of registration of a
factory under paragraph (2), (3) or (3A)(b), give to the occupier of the registered factory —
(a) notice of his intention to suspend or revoke the certificate of registration; and
(b) a reasonable opportunity to submit reasons as to why the certificate of registration
should not be suspended or revoked.
(5)  Where the Commissioner has, pursuant to this regulation, suspended or revoked the
certificate of registration of a factory, he shall give notice in writing of the suspension or
revocation to the occupier of the factory.
(6)  The suspension or revocation of the certificate of registration of a factory under paragraph
(2), (3) or (3A)(b) shall not take effect until the expiration of 21 days from the date on which the
Commissioner’s decision to suspend or revoke the certificate of registration was communicated to
the occupier of the factory or, where an appeal against the decision is made to the Minister under
regulation 10, until the appeal has been determined or withdrawn.
(7)  Where the certificate of registration of a factory has been suspended or cancelled, the
occupier of the factory shall surrender the certificate of registration to the Commissioner within
such time as the Commissioner may specify.
(8)  Any person who contravenes paragraph (7) shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $1,000.
(9)  The Commissioner may at any time, and for such reason as he considers sufficient, reduce
the period for which a certificate of registration has been suspended.
Appeals to Minister
10.—(1)  Any applicant who is aggrieved by the Commissioner’s refusal —
(a) to register any premises as a factory; or
(b) to renew the registration of any premises as a factory,
may, within 21 days after the date he is notified of the refusal, appeal in writing to the Minister
against the refusal in such form and manner as the Commissioner may determine.
(2)  Any occupier of a registered factory who is aggrieved by the Commissioner’s decision to
suspend or revoke the certificate of registration of that factory under regulation 9(2), (3) or (3A)(b) WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
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may, within 21 days after the date he is notified of the suspension or revocation, appeal in writing
to the Minister against the decision in such form and manner as the Commissioner may
determine.
(3)  Any occupier of a registered factory who is aggrieved by any direction of the Commissioner
under regulation 7(1)(ii) or 9(1) may, within 7 days after the date he receives the notice containing
the direction, appeal to the Minister in writing against the direction in such form and manner as
the Commissioner may determine.
(4)  Where an appeal is lodged under paragraph (1)(b), the registration of the factory concerned
shall continue to remain in force until the appeal has been determined or withdrawn, as the case
may be.
(5)  Where an appeal is lodged under paragraph (3), the direction appealed against shall not
take effect until the appeal has been determined or withdrawn, as the case may be.
(6)  The Minister may determine an appeal under this regulation by confirming the refusal,
decision or direction of the Commissioner or substituting that refusal, decision or direction with his
decision in the appeal.
(7)  The decision of the Minister in any appeal under this regulation shall be final.
Power to waive or refund fees
11.  The Commissioner may, as he thinks fit, waive or refund the whole or any part of the fees
that are payable or that have been paid under these Regulations.
Revocation
12.  The Workplace Safety and Health (Registration of Factories) Regulations (Cap. 354A, Rg
2) are revoked.
Savings and transitional provisions
13. —(1)   Notwithstanding the revocation of the Workplace Safety and Health (Registration of
Factories) Regulations, the Commissioner may, as he thinks fit, waive or refund the whole or any
part of the fees that have been paid under the revoked Regulations.
(2)   Notwithstanding the revocation of the Workplace Safety and Health (Registration of
Factories) Regulations, any certificate of registration or factory permit issued under the revoked
Regulations which is valid immediately before 1st November 2008 shall —
(a) if it was issued in respect of a factory not falling within any of the classes of factories
described in the First Schedule, be deemed to be a notification made under regulation
5 in respect of that factory; and
(b) if it was issued in respect of a factory falling within any of the classes of  factories
described in the First Schedule —
(i) continue remain in force until the date on which it would have expired if these
Regulations had not been made; and
(ii) be deemed to be a certificate of registration issued under regulation 6 in respect
of that factory.WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
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FIRST SCHEDULE
Regulations 2, 5(1), 6(1), (5) and (6), 7(1) and 13(2) and Second
Schedule
CLASSES OF FACTORIES
PART I
1.  Any factory engaged in the processing or manufacture of petroleum, petroleum products,
petrochemicals or petrochemical products.
2.  Any factory engaged in the manufacture of —
(a) fluorine, chlorine, hydrogen fluoride or carbon monoxide; or
(b) synthetic polymers.
3.  Any  premises where the bulk storage of toxic or flammable liquid is carried on by way of
trade or for the purpose of gain and which has a storage capacity of 5,000 or more cubic metres
for such toxic or flammable liquid.
PART II
1.  Any premises where any building operation or works of engineering construction is or are
being carried out by way of trade or for purposes of gain, whether or not by or on behalf of the
Government or a statutory board, and includes any line or siding (not forming part of a railway)
which is used in connection with the building operation or works of engineering construction.
2.  Any yard (including any dock, wharf, jetty, quay and the precincts thereof) where the
construction, reconstruction, repair, refitting, finishing or breaking up of ships is carried out,
including the waters adjacent to any such yard where the construction, reconstruction, repair,
refitting, finishing or breaking up of ships is carried out by or on behalf of the occupier of that yard.
3.  Any factory engaged in the manufacture of pharmaceutical products or their intermediates.
4.  Any factory engaged in the manufacture of semiconductor wafers.
5. Any factory engaged in the manufacture of fabricated metal products, machinery or
equipment and in which 100 or more persons are employed.WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
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SECOND SCHEDULE
Regulation 6(3), (5) and (6A)
FEES
1.—(1)  The fee for the issue or renewal of a certificate of registration in respect of a factory
described in Part I of First Schedule shall be, where the number of persons employed at the
factory is —
(a) not more than 5 $90 for 5 years
(b) more than 5 but not more than 10 $260 for 5 years
(c) more than 10 but not more than 50 $540 for 5 years
(d) more than 50 but not more than 100  $1,300 for 5 years
(e) more than 100 but not more than 500 $1,830 for 5 years
(f) more than 500 $2,340 for 5 years.
(2)  Where the certificate of registration in respect of factory described in Part I of First Schedule
is issued or renewed for a period other than 5 years, the fee payable for such certificate of
registration shall be computed on a pro rata basis.
2.  The fee for the issue of a certificate of registration in respect of a factory described in
paragraph 1 or 2 of Part II of First Schedule shall be, where the persons employed at the factory
is —
(i) not more than 5 $90
(ii) more than 5 but not more than 10 $260
(iii) more than 10 but not more than 50 $540
(iv) more than 50 but not more than 100 $1,300
(v) more than 100 but not more than 500 $1,830
(vi) more than 500 $2,340
3.  The fee for the issue of a certificate of registration in respect of a factory described in
paragraph 3, 4 or 5 of Part II of First Schedule shall be, where the persons employed at the
factory is —
(i) not more than 5 $45
(ii) more than 5 but not more than 10 $130
(iii) more than 10 but not more than 50 $270
(iv) more than 50 but not more than 100 $650
(v) more than 100 but not more than 500 $915
(vi) more than 500 $1,170.
4.—(1)  The fee for the issue or renewal of a certificate of registration  in respect of a factory
upon an application made by the occupier of the factory pursuant to the direction of the WORKPLACE SAFETY AND HEALTH (REGISTRATION OF FACTORIES) REGULATIONS 2008
                                                 - 9 -
Commissioner under regulation 7(1)(ii) shall be, where the number of persons employed at the
factory is —
(i) not more than 5 $45 for one year
(ii) more than 5 but not more than 10 $130 for one year
(iii) more than 10 but not more than 50 $270 for one year
(iv) more than 50 but not more than 100 $650 for one year
(v) more than 100 but not more than 500 $915 for one year
(vi) more than 500 $1,170 for one year.
(2)  Where a certificate of registration referred to in sub-paragraph (1) is issued or renewed for a
period other than one year, the fee payable for such certificate of registration shall be computed
on a pro rata basis.

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