WSH Act : Duties of Persons At Work

 GENERAL DUTIES OF PERSONS AT WORKPLACES

Duties according to different capacities

10.To avoid doubt, it is declared that —

(a)a person may at any one time be 2 or more of the following:

(i)an employer;

(ii)a contractor;

(iii)a subcontractor;

(iv)a principal;

(v)a self-employed person;

(vi)an occupier of a workplace;

(vii)a designer, manufacturer or supplier of any machinery, equipment or hazardous substance for use at work;

(viii)an erector, installer or a modifier of machinery or equipment for use at work;

(ix)an owner, a hirer or lessee of machinery moved by mechanical power or a person who maintains such machinery for use at work,

and this Act may impose duties or liabilities on the person accordingly;

(b)this Act may at any one time impose the same duty or liability on 2 or more persons, whether in the same capacity or in different capacities; and

(c)a duty or liability imposed by this Act on any person is not diminished or affected by the fact that it is imposed on one or more other persons, whether in the same capacity or in different capacities.

Duty of occupier of workplace

11.  It is the duty of every occupier of any workplace to take, so far as is reasonably practicable, such measures to ensure that —

(a)the workplace;

(b)all means of access to or egress from the workplace; and

(c)any machinery, equipment, plant, article or substance kept on the workplace,are safe and without risks to health to every person within those premises, whether or not the person is at work or is an employee of the occupier.

Duties of employers

12.—(1)  It is the duty of every employer to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of the employer’s employees at work.

(2) It is the duty of every employer to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of persons (not being the employer’s employees) who may be affected by any undertaking carried on by the employer in the workplace.

(3) For the purposes of subsection (1), the measures necessary to ensure the safety and health of persons at work include —

(a)providing and maintaining for those persons a work environment which is safe, without risk to health, and adequate as regards facilities and arrangements for their welfare at work;

(b)ensuring that adequate safety measures are taken in respect of any machinery, equipment, plant, article or process used by those persons;

(c)ensuring that those persons are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working or use of things —

(i)in their workplace; or

(ii)near their workplace and under the control of the employer;

(d)developing and implementing procedures for dealing with emergencies that may arise while those persons are at work; and

(e)ensuring that those persons at work have adequate instruction, information, training and supervision as is necessary for them to perform their work.

(4) Every employer must, where required by the regulations, give to persons (not being the employer’s employees) the prescribed information about such aspects of the way in which the employer conducts the employer’s undertaking as might affect their safety or health while those persons are at the employer’s workplace.

Duties of self-employed persons

13.—(1) It is the duty of every self-employed person (whether or not he or she is also a contractor or subcontractor) to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of persons (not being the self‑employed person’s employees) who may be affected by any undertaking carried on by the self‑employed person in the workplace.

(2) Every self-employed person must, where required by the regulations, give to persons (not being the self‑employed person’s employees) the prescribed information about such aspects of the way in which the self‑employed person conducts his or her undertaking as might affect their safety or health while those persons are at the self‑employed person’s workplace.

Duties of principals

14.—(1) Subject to subsection (2), it is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of —

(a)any contractor engaged by the principal when at work;

(b)any direct or indirect subcontractor engaged by such contractor when at work; and

(c)any employee employed by such contractor or subcontractor when at work.

(2)The duty imposed on the principal in subsection (1) only applies where the contractor, subcontractor or employee mentioned in that subsection is working under the direction of the principal as to the manner in which the work is carried out.

(3) It is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of persons (other than a person referred to in subsection (1)(a), (b) or (c) working under the principal’s direction) who may be affected by any undertaking carried on by the principal in the workplace.

(4) For the purposes of subsection (1), the measures necessary to ensure the safety and health of persons at work include —

(a)providing and maintaining for those persons a work environment which is safe, without risk to health, and adequate as regards facilities and arrangements for their welfare at work;

(b)ensuring that adequate safety measures are taken in respect of any machinery, equipment, plant, article or process used by those persons;

(c)ensuring that those persons are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working or use of things —

(i)in their workplace; or

(ii)near their workplace and under the control of the principal;

(d)developing and implementing procedures for dealing with emergencies that may arise while those persons are at work; and

(e)ensuring that those persons at work have adequate instruction, information, training and supervision as is necessary for them to perform their work.

(5) Every principal must, where required by the regulations, give to persons (other than a person referred to in subsection (1)(a), (b) or (c) working under the principal’s direction) the prescribed information about such aspects of the way in which the principal conducts the principal’s undertaking as might affect their safety or health while those persons are at the principal’s workplace.

Additional duties of principals in relation to contractors

14A.—(1)  It is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure that any contractor engaged by the principal on or after 1 September 2011 —

(a)has the necessary expertise to carry out the work for which the contractor is engaged by the principal to do; and

(b)has taken adequate safety and health measures in respect of any machinery, equipment, plant, article or process used, or to be used, by the contractor or any employee employed by the contractor.

[18/2011]

(2)  The duty imposed on every principal under subsection (1)(a) includes ascertaining that the contractor engaged by the principal and any employee of the contractor —

(a)have sufficient experience and training to carry out the work for which the contractor is engaged by the principal to do; and

(b)have obtained any necessary licence, permit, certificate or any other document in order to carry out the work for which the contractor is engaged by the principal to do.

[18/2011]

(3)  The duty imposed on every principal under subsection (1)(b) includes ascertaining that the contractor engaged by the principal —

(a)has conducted a risk assessment in relation to the safety and health risks posed to any person who may be affected by the work for which the contractor is engaged by the principal to do; and

(b)has informed any person who may be affected by the work for which the contractor is engaged by the principal to do of the nature of the risk involved in the work and any measure or safe work procedure which is implemented at the workplace.

[18/2011]

(4) In any proceedings for an offence under this section, it is not a defence for the principal to prove that the principal has taken, so far as is reasonably practicable, such measures as are necessary to ensure compliance with this section solely by providing directly or indirectly, by a term in a contract with the principal’s contractor, that the contractor has complied with or will comply with the requirements mentioned in paragraph (a) or (b) of subsection (1).

[18/2011]

(5) In this section, “risk assessment” means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measure for risk control.

[18/2011]

(6)  Section 14 does not limit the duty of a principal under this section.

[18/2011]

Duties of persons at work

15.—(1) It is the duty of every person at work —

(a)to use in such manner so as to provide the protection intended, any suitable appliance, protective clothing, convenience, equipment or other means or thing provided (whether for his or her use alone or for use by him or her in common with others) for securing his or her safety, health and welfare while at work; and

(b)to cooperate with his or her employer or principal and any other person to such extent as will enable his or her employer, principal or the other person (as the case may be) to comply with the provisions of this Act.

(2) A person at work must not wilfully or recklessly interfere with or misuse any appliance, protective clothing, convenience, equipment or other means or thing provided (whether for his or her use alone or for use by him or her in common with others) pursuant to any requirement under this Act for securing the safety, health or welfare of persons (including himself or herself) at work.

(3) Any person at work who, without reasonable cause, wilfully or recklessly does any act which endangers the safety or health of himself or herself or others shall be guilty of an offence.

(4) Any person at work who, without reasonable cause, does any negligent act which endangers the safety or health of himself or herself or others shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.

[18/2011]

(5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.

Duties of manufacturers and suppliers of machinery, equipment or hazardous substances used at work

16.—(1) Subject to this section, it is the duty of any person who manufactures or supplies any machinery, equipment or hazardous substance for use at work to ensure, so far as is reasonably practicable —

(a)that the following information about the safe use of the machinery, equipment or hazardous substance is available to any person to whom the machinery, equipment or hazardous substance is supplied for use at work:

(i)the precautions (if any) to be taken for the proper use and maintenance of the machinery, equipment or hazardous substance;

(ii)the health hazards (if any) associated with the machinery, equipment or hazardous substance; and

(iii)the information relating to and the results of any examinations or tests of the machinery, equipment or hazardous substance under paragraph (c) that are relevant to its safe use;

(b)that the machinery, equipment or hazardous substance is safe, and without risk to health, when properly used;

(c)that the machinery, equipment or hazardous substance is examined and tested so as to comply with the obligation imposed by paragraph (b).

(2) The duties imposed on any person specified in subsection (1) —

(a)apply only if the machinery, equipment or hazardous substance is manufactured or supplied in the course of trade, business, profession or undertaking carried on by the person, whether for profit or not;

(b) apply whether or not the machinery, equipment or hazardous substance is exclusively manufactured or supplied for use by persons at work; and

(c) extend to the supply of the machinery, equipment or hazardous substance by way of sale, transfer, lease or hire and whether as principal or agent, and to the supply of the machinery, equipment or hazardous substance to a person for the purpose of supply to others.

(3)  The duties imposed on any person specified in subsection (1) do not apply to a person by reason only that the person supplies the machinery or equipment under a hire-purchase agreement, conditional sale agreement or credit-sale agreement to another (called in this section the customer) in the course of a business of financing the acquisition of the machinery or equipment by the customer from others.

(4)  Where a person (called in this subsection the ostensible supplier) supplies any machinery or equipment for use at work to a customer under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier —

(a) carries on the business of financing the acquisition of goods by others by means of such agreements; and

(b) in the course of that business acquired an interest in the machinery or equipment supplied to the customer as a means of financing its acquisition by the customer from a third person (called in this subsection the effective supplier),

the effective supplier is treated for the purposes of this section as supplying the machinery or equipment to the customer instead of the ostensible supplier, and any duty imposed by subsection (1) on a supplier accordingly applies to the effective supplier, and not to the ostensible supplier.

(5)  Where a person designs, manufactures or supplies any machinery, equipment or hazardous substance for use at work and does so for or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the machinery, equipment or hazardous substance will be safe and without risk to health when properly used, the undertaking has the effect of relieving the firstmentioned person from the duty imposed by subsection (1)(b) to such extent as is reasonable having regard to the terms of the undertaking.

(6)  Any person required under subsection (1)(c) to ensure that any machinery, equipment or hazardous substance is examined and tested so as to comply with the obligation imposed by subsection (1)(b) is regarded as having complied with subsection (1)(c) to the extent that —

(a) the examination or test has already been carried out otherwise than by, or on behalf of, the person; and

(b) it is reasonable for the person to rely on that examination or test.

(7)  For the purposes of this section, an absence of safety, or a risk to health, is to be disregarded insofar as the case in or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen.

(8)In this section, “supplier”, in relation to any machinery, equipment or hazardous substance, does not include a manufacturer of those items when supplying, but includes an importer when supplying those items.

(9) This section applies only to machinery, equipment or hazardous substances specified in the Fifth Schedule.

Duties of persons who erect, install or modify machinery or equipment and persons in control of machinery for use at work

17.—(1) It is the duty of any person who erects, installs or modifies any machinery or equipment for use at work to ensure, so far as is reasonably practicable, that the machinery or equipment is erected, installed or modified in such a manner that it is safe, and without risk to health, when properly used.

(2)The duty imposed on a person erecting, installing or modifying any machinery or equipment under subsection (1) applies only if the machinery or equipment is erected, installed or modified in the course of the person’s trade, business, profession or undertaking.

(3) Any person required under subsection (1) to ensure that any machinery or equipment is erected, installed or modified in such a manner that it is safe, and without risk to health, when properly used is regarded as having complied with that subsection to the extent that —

(a)the person ensured, so far as is reasonably practicable, that the erection, installation or modification was in accordance with the information supplied by the designer, manufacturer or supplier of the machinery or equipment regarding its erection, installation or modification; and

(b)it is reasonable for the person to rely on that information.

(4) Where any machinery moved by mechanical power is used in any workplace, then despite anything in this Act, it is the duty of the owner of the machinery to ensure —

(a)so far as is reasonably practicable, that the machinery is maintained in a safe condition; and

(b)that the precautions (if any) to be taken for the safe use of the machinery and the health hazards (if any) associated with the machinery are available to any person using the machinery.

(5) Where the owner of any machinery moved by mechanical power has entered into a contract of hire or lease with a hirer or lessee, the duty imposed under subsection (4) applies to the hirer or lessee of the machinery instead of the owner.

(6) Where the owner, hirer or lessee of any machinery moved by mechanical power has entered into a contract with another person to maintain the machinery, the duty under subsection (4)(a) applies to that other person instead of the owner, hirer or lessee of the machinery.

(7)Subsections (1), (2) and (3) apply only to machinery or equipment specified in Part 1 of the Fifth Schedule.

Other related duties of occupiers and employers

18.—(1)  An employer must not —

(a)deduct, or allow to be deducted, from the sum contracted to be paid by the employer to any of the employer’s employees; or

(b)receive, or allow any agent of the employer to receive, any payment from any employee of the employer,

in respect of anything to be done or provided by the employer in accordance with this Act in order to ensure the safety, health or welfare of any of the employer’s employees at work.

(2) An employer must not dismiss or threaten to dismiss an employee because the employee —

(a)has assisted (whether by the giving of information or otherwise) an inspector, authorised person or any other public authority in the conduct of any inspection or investigation under this Act for a breach or an alleged breach of this Act, or proposes to do so;

(b)has in good faith sought the assistance of, or made a report to an inspector or authorised person in relation to a safety and health matter, or proposes to do so;

(c)is performing the employee’s duties in good faith as a member of a workplace safety and health committee; or

(d)has complied with an order made under section 21 or otherwise complied with this Act, or proposes to do so.

(3)  The occupier of a workplace must cause to be kept in the workplace the following records:

(a)every document issued in respect of the workplace by the Commissioner under the provisions of this Act;

(b)a copy of every notice furnished to the Commissioner as required under this Act; and

(c)all reports and particulars prepared in respect of the workplace under this Act.

(4) Any occupier of a workplace must —

(a)ensure that the records mentioned in subsection (3) are kept for at least 5 years from the date the records were made or such other period as may be prescribed; and

(b)whenever required to do so within that period, produce and make available to an inspector for inspection a copy of the records.

(5)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(6)  Any person who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Duties of occupiers of common areas

19.—(1)  For the purposes of subsection (2), where a building comprises one or more workplaces, any common property or limited common property of the building (called in this section the common area) which is used by persons at work in any such workplace or is used by such persons to move through is treated as part of their workplace.

(2)  It is the duty of the occupier of the common area to comply with any provision of this Act with respect to —

(a)electric generators and motors located in the common area;

(b)hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area;

(c)means of access into or egress from the common area; and

(d)any machinery or plant located in the common area which belongs to or is supplied by the owner or occupier of the common area.

(3)  In this section —

“common property” and “limited common property” have the meanings given by the Building Maintenance and Strata Management Act 2004;

“occupier”, in relation to a common area, includes the management corporation or subsidiary management corporation (as the case may be) having control of that common area.

Offence of breaching duty under this Part

20. In the event of any contravention of any provision in this Part which imposes a duty on a person, that person shall be guilty of an offence.

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