Wednesday, December 28, 2011

WSH ( WSHO) REGULATIONS 2007

WSH (Workplace Safety and Health Officers) Regulations 2007


Citation and commencement
The Workplace Safety and Health (Workplace Safety and Health Officers) Regulations 2007 comes into operation on 1st August 2007.

Application for approval to be WSH Officer 

A person may apply to the Commissioner for his approval to act as a WSH Officer. The application shall be accompanied by the appropriate fees & the fees are not refundable.
Requirements for approval as WSH Officer
  • successfully completed a training course to equip him to become a WSH officer; and
    at least 2 years’ practical experience relevant to the work to be performed by a WSH officer; or
  • although not having the qualifications and practical experience, he nevertheless has had such other qualifications and practical experience as to render him, in the Commissioner’s opinion, competent to act as a WSH officer.
Certificate of approval
A certificate of approval for a person to act as a WSH officer is valid for a period of 2 years, or less, from the date of approval.
A certificate of approval issued shall not be transferable.
Where a certificate of approval is lost, destroyed or defaced, the holder of the certificate may apply to the Commissioner for a replacement certificate on payment of the appropriate fee.
Renewal of approvalAn application by a person for the renewal to act as a WSH officer shall be made in such form and manner as the Commissioner may determine, and shall be accompanied by the appropriate fees.
Any renewal fee paid is not be refundable.
Upon receiving an application for the renewal of approval under paragraph (1), the Commissioner may —
  • renew the approval to act as a WSH officer for a period of 2 years; or
  • refuse the renewal application if the Commissioner is satisfied that the applicant is no longer a fit and proper person to act as a WSH officer.
Register of WSH officersThe Commissioner shall keep an up-to-date register of all persons approved to act as WSH officers.

WSH officer to attend courses
WSH officer may be required to attend training courses which are relevant to the work of a WSH officer.
Where a WSH officer fails to comply with above, the Commissioner may —
  • cancel the approval of the person as a workplace safety and health officer; or
  • refuse the renewal application of a person as a workplace safety and health officer.
Workplaces requiring WSH officers
Workplace within the prescribed class or description of workplaces specified in the Second Scheduleshall have appointed in writing in respect thereof a WSH officer.
A WSH officer referred to in paragraph above shall be appointed by the occupier of a workplace.
Any occupier of a workplace who contravenes above requirement may be fined not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.

SECOND SCHEDULE - WORKPLACES TO APPOINT WSH OFFICER 
  1. Shipyards in which any ship, tanker and other vessels are constructed, reconstructed, repaired, refitted, finished or broken up.
  2. Factories used for processing petroleum or petroleum products.
  3. Factories in which building operations or works of engineering construction of a contract sum of $10 million or more are carried out.
  4. Any other factories in which 100 or more persons are employed, except those which are used for manufacturing garments.

Duties of WSH officer
  • to assist the occupier of the workplace or other person in charge of the workplace to identify and assess any foreseeable risk arising from the workplace or work processes therein;
  • to recommend to the occupier of the workplace or other person in charge of the workplace reasonably practicable measures to eliminate any foreseeable risk to any person who is at work in that workplace or may be affected by the occupier’s undertaking in the workplace;
  • where it is not reasonably practicable to eliminate the risk, to recommend to the occupier of the workplace or other person in charge of the workplace —
    (i) such reasonably practicable measures to minimise the risk; and
    (ii) such safe work procedures to control the risk; and
  • to assist the occupier of the workplace or other person in charge of the workplace implement the measure or safe work procedure
Any WSH officer who, without reasonable excuse, contravenes the above is guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Powers of WSH officer
  • enter, inspect and examine at any reasonable time the workplace;
  • inspect and examine any machinery, equipment, plant, installation or article in the workplace;
  • require the production of workplace records, certificates, notices and documents kept or required to be kept under the Act, including any other relevant document, and to inspect and examine any of them;
  • make such examination and inquiry of the workplace and of any person at work at that workplace as may be necessary to execute his duties;
  • assess the levels of noise, illumination, heat or harmful or hazardous substances in the workplace and the exposure levels of persons at work therein;
  • investigate any accident, dangerous occurrence or occupational disease that occurred within the workplace.
Consequential amendment and revocations
(1) The Factories (Registration and Other Services — Fees and Forms) Regulations are amended by deleting regulation 5.
The following subsidiary legislation are revoked:
  • the Factories (Registration and Duties of Safety Officers) Regulations
  • the Factories (Safety Officers) Order
  • the Factories (Qualifications and Training of Safety Officers) Notification

No comments:

Post a Comment