PART XI | 59. Nothing in this Act or in any approved code of practice shall derogate from the effect of any other written law for the time being in force. |
60.—(1) Nothing in this Act shall be construed —| (a) | as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Act; or | | (b) | as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings. |
| (2) Subsection (1) shall not affect the extent (if any) to which a breach of duty imposed under any written law is actionable. |
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| Protection from personal liability |
61.—(1) No action, suit or other legal proceedings shall lie personally against —| (a) | the Commissioner; | | (b) | a Deputy Commissioner; | | (c) | an inspector; or | | (d) | an authorised examiner, |
| for any damage done to any item specified in subsection (2) in the course of carrying out in good faith any prescribed examination or test of the item. |
(2) Subsection (1) shall apply only in respect of the following items:| (a) | a hoist or lift; | | (b) | a lifting gear; | | (c) | a lifting appliance or lifting machine; | | (d) | a steam boiler; | | (e) | a steam receiver; | | (f) | an air receiver; | | (g) | a refrigerating plant pressure receiver; | | (h) | a pressure vessel; or | | (i) | any other machinery required by this Act to be examined or tested by an authorised examiner. |
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| (3) No action, suit or other legal proceedings shall lie personally against the Commissioner or any Deputy Commissioner for anything done or omitted to be done in good faith in the course of or in connection with the performance or purported performance of any duty or function under section 21. |
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| Exempt workers, workplaces and equipment, etc. |
62.—(1) The provisions of this Act shall not apply to such persons at work as are specified in the Sixth Schedule, notwithstanding that their work is carried out or performed in a workplace specified in the First Schedule.(2) The Minister may, by order published in the Gazette and with or without conditions, exempt —| (a) | any class or description of workplaces from all or any of the provisions of this Act; | | (b) | any class or description of persons from compliance with all or any of the provisions of this Act; or | | (c) | any class or description of machinery, equipment, plant, installation or articles from all or any of the provisions of this Act. |
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(3) The Commissioner may, subject to any general or special directions of the Minister, by a certificate in writing, with or without conditions, exempt —| (a) | any machinery, equipment, plant, installation or article that is identified specifically in the certificate from all or any of the provisions of this Act; or | | (b) | any person identified specifically in the certificate from compliance with all or any of the provisions of this Act. |
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| (4) If an exemption is granted under this section with conditions, the exemption operates only if the conditions are complied with. |
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| Service of documents, etc. |
63.—(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, or by leaving it at, or sending it by registered post to, his residence; | | (b) | on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by registered post to, an office of the firm; or | | (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 (Cap. 50), or a co-operative society registered under the Co-operative Societies Act (Cap. 62)) in any such manner as aforesaid or by delivering it, or a true copy thereof, to the manager, foreman or other responsible person at the 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. |
| (3) Subsections (1) and (2) shall 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. |
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64.—(1) Subject to section 2 (2) and this section, the Minister may, by order published in the Gazette, amend any of the Schedules.| (2) The Minister may prescribe in the order under subsection (1) such transitional, incidental and consequential provisions as may be necessary or expedient. |
| (3) Every order made under subsection (1) shall be presented to Parliament as soon as possible after publication in the Gazette. |
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65.—(1) The Minister may make regulations for carrying out the purposes and provisions of this Act.(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; | | (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 a certificate of registration of a factory or factory permit; | | (vii) | the form, custody and maintenance of any register to be kept by the Commissioner 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 of a factory or a 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 Commissioner 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-aiders 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; | | (g) | the handling, storage and disposal of any harmful organisms 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, or 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 of 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; | | (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 accreditation of accredited 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 accredit training providers, and the fees to be paid by the accredited 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 of risk of any person or any class of persons 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) | work of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking; | | (iii) | design and management of building operations or work 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, a steam receiver or an air receiver; and | | (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; |
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| | (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 the risk assessment or the 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 the safety and health management system; | | (va) | in relation to the Council, the payment of allowances to a member of the Council who is not a public servant; | | (w) | the prescribing of anything that is required or permitted to be prescribed under this Act. [9/2008] |
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| (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 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. |
(5) Regulations made under subsection (2)(r) may, among other things —| (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 which 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 the work can be carried out. |
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(6) Regulations made under subsection (2)(s) may —| (a) | require the medical supervision and medical examination under the regulations to be carried out by persons registered with the Commissioner; and | | (b) | prescribe the qualifications and other conditions to be satisfied for such registration. |
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(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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| (8) All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette. |
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| Savings and transitional provisions |
66.—(1) The person who, immediately before 1st March 2006, is the Chief Inspector shall be deemed to be the Commissioner for Workplace Safety and Health appointed under section 7(1) of this Act, but his appointment as the Commissioner shall expire on the day his appointment as Chief Inspector would have expired if this Act had not been enacted.| (2) Any person who, immediately before 1st March 2006, is an inspector or officer appointed under section 84(1) of the repealed Act shall continue to hold such office as if he were appointed under section 7(3) of this Act. |
(3) Every person who, immediately before 1st March 2006, is —| (a) | a safety officer under section 71 of the repealed Act; or | | (b) | a safety co-ordinator under section 71A of the repealed Act, |
| shall continue in such appointments as if he were appointed as a workplace safety and health officer or a workplace safety and health co-ordinator under section 28 of this Act, respectively, and their respective appointments shall expire on the day their appointments would have expired if this Act had not been enacted. |
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| (4) Every safety committee established under section 72 of the repealed Act immediately before 1st March 2006 shall, subject to the provisions of this Act, be deemed to be a workplace safety and health committee established under section 29 of this Act. |
| (5) Every person who, immediately before 1st March 2006, is an approved auditor under section 71B of the repealed Act shall continue in such appointment as if he were appointed as a workplace safety and health auditor under section 30 of this Act, and his appointment shall expire on the day his appointment would have expired if this Act had not been enacted. |
| (6) Every person who, immediately before 1st March 2006, is an approved person or authorised boiler inspector approved by the Chief Inspector under the repealed Act shall continue in such appointment as if he were an authorised examiner appointed under section 33 of this Act, and his appointment shall expire on the day his appointment would have expired if this Act had not been enacted. |
| (7) Any permit, certificate or report made, granted or approved under the repealed Act or its subsidiary legislation shall, so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been made, granted or approved under the corresponding provisions of this Act. |
| (8) Any application or other document lodged for approval under the provisions of the repealed Act before 1st March 2006 and whose application was not approved before that date shall, where applicable, be deemed to be an application or a document lodged for approval under the corresponding provisions of this Act. |
| (9) Where an appeal has been made to the Minister under section 50 of the repealed Act and the appeal has not been dealt with or disposed of immediately before 1st March 2006, the appeal may be dealt with in accordance with that repealed section as if this Act had not been enacted. |
(10) This Act shall not affect —| (a) | any investigation or inquiry commenced or pending under Part V of the repealed Act before 1st March 2006, and every such investigation or inquiry may be continued and everything in relation thereto may be done in all respects after that date as if this Act had not been enacted; | | (b) | the continued operation or force of any order, direction or decision of the Chief Inspector or the Minister made under the repealed Act before 1st March 2006; and | | (c) | any right of appeal accrued before 1st March 2006 in respect of any such order, direction or decision. |
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| (11) Any factory which, immediately before 1st March 2006, is registered under the repealed Act shall be deemed to be registered under the provisions of this Act. |
(12) Any approval, notice, direction, order, requirement or exemption that —| (a) | is given, issued or made under the repealed Act; and | | (b) | is in force immediately before 1st March 2006, |
| shall have effect for the purposes of any corresponding provision of this Act, unless this Act otherwise provides. |
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(13) Where any period of time specified in any provision in the repealed Act is current immediately before 1st March 2006, this Act shall have effect as if the corresponding provision in this Act had been in force when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current shall be deemed for the purposes of this Act —| (a) | to run from the date or event from which it was running immediately before that date; and | | (b) | to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted, |
| and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as abovementioned shall be under this Act as they were or would have been under that provision in the repealed Act. |
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| (14) Any subsidiary legislation made under the repealed Act and in force immediately before 1st March 2006 shall, so far as it is not inconsistent with the provisions of this Act, continue in force in factories as if made under this Act until it is revoked or repealed. |
| (15) Any written law or document referring to the repealed Act or any provision thereof shall, as far as may be necessary for preserving its effect, be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be. |
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