Factories (Amendment) Bill

Bill No. 31/1994

Read the first time on 31st October 1994.
An Act to amend the Factories Act (Chapter 104 of the 1985 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Factories (Amendment) Act 1994 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 6
2.  Section 6 of the Factories Act is amended —
(a)by deleting paragraph (a) of subsection (2) and substituting the following paragraph:
“(a)any yard (including any dock, wharf, jetty, quay and the precincts thereof) in which ships are constructed, reconstructed, repaired, refitted, finished or broken up;”;
(b)by deleting paragraphs (m) and (n) of subsection (2) and substituting the following paragraphs:
“(m)any premises used for the storage of gas, including liquified gas, in a container having a storage capacity of not less than 140 cubic metres;
(n)any premises in which persons are employed in or in connection with the generating of electrical energy for supply by way of trade or for purposes of gain;”;
(c)by deleting paragraph (p) of subsection (2) and substituting the following paragraph:
“(p)any sewage works in which mechanical power is used and any pumping station used in connection therewith and in which persons are regularly employed;”;
(d)by deleting the full-stop at the end of paragraph (q) of subsection (2) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:
“(r)any warehouse in which the business of sorting, packing, handling or storing of articles is carried out;
(s)any premises in which the business of testing, examining or analysing of articles is carried out by way of trade or for purposes of gain or incidentally to the purposes of any factory;
(t)any premises used for the bulk storage of toxic or inflammable liquid (excluding liquified gas) in a container, not being an underground container, that has a storage capacity of not less than 5,000 cubic metres.”; and
(e)by deleting subsection (5) and substituting the following subsection:
“(5)  Any ship which is being constructed, reconstructed, repaired, refitted, finished or broken up in the waters adjacent to any factory as defined in section 6(2)(a), by the occupier of that factory or any of his contractors, shall be deemed to be part of that factory.”.
Amendment of section 7
3.  Section 7(1) of the Factories Act is amended —
(a)by deleting the words “, by notification in the Gazette,” in the third and fourth lines of the definition of “authorised boiler inspector” and substituting the words “by a certificate in writing”;
(b)by deleting the definition of “building operation” and substituting the following definitions:
“ “building” includes the whole or any part of any house or any other structure, whether used for the purpose of human habitation or otherwise, and any structure, support or foundation connected to the foregoing;
“building operation” means the construction, structural alteration, repair or maintenance of a building (including the re-wiring of any electrical installation, the replacement of any lift, air-conditioning plant and ancillary ducting of a building, and the repointing, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for, and the laying of foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act;”;
(c)by deleting the definitions of “lifting gear” and “lifting machine” and substituting the following definitions:
“ “lifting gear” includes any chain, rope, chain sling, rope sling, ring, hook, shackle, swivel, eyebolt and any cage or work platform used for carrying persons while it is suspended from the load line of a crane;
“lifting machine” includes any crane, crab, winch, teagle, runway, transporter, piling frame, piling machine and any work platform or suspended scaffold capable of being raised or lowered by climbers, winches or other powered device;”;
(d)by inserting, immediately after the definition of “Malayan Railway”, the following definition:
“ “mechanical power” means any energy derived from steam, water, wind, electricity, compressed air or gas, the combustion of fuel or explosive which is used to drive or work any machinery;”;
(e)by deleting the definition of “maximum permissible working pressure”;
(f)by inserting, immediately after the word “source” at the end of the definition of “prime mover”, the words “of energy”; and
(g)by deleting the definitions of “safe working load”, “safe working pressure” and “sanitary conveniences” and substituting the following definitions:
“ “safe working load” means —
(a)the safe working load specified in the certificate of test obtained for the purposes of section 29, 30 or 31; or
(b)where there is no such certificate, the safe working load as ascertained by an approved person;
“safe working pressure” means the pressure specified in the report of examination referred to in section 36, 37, 38, 39 or 40;
“sanitary conveniences” includes urinals, water-closets and any similar convenience;”.
Amendment of section 9
4.  Section 9 of the Factories Act is amended —
(a)by inserting, immediately after the word “particulars” in the fifth line of subsection (2), the words “and documents”;
(b)by inserting, immediately after subsection (2), the following subsection:
“(2A)  Notwithstanding subsection (2), the Chief Inspector may by rules modify the requirements under that subsection in respect of any premises in which less than 10 persons are employed and in which —
(a)no mechanical power, steam boiler, steam container, steam receiver, cast-iron underfired vulcaniser, air receiver, refrigerating plant pressure receiver or gas plant is used; and
(b)no highly inflammable or noxious substance is manipulated, used or created.”;
(c)by inserting, immediately after subsection (10), the following subsection:
“(10A)  Any person named in a certificate or permit as the occupier of a factory who ceases to be the occupier thereof shall serve on the Chief Inspector a written notice of the cessation of occupancy within 14 days after the cessation and if he fails to do so he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.”; and
(d)by inserting, immediately after the words “Chief Inspector” in the seventh line of subsection (11), the words “together with the relevant documents showing the change and such other particulars as the Chief Inspector may require”.
Amendment of section 12
5.  Section 12(1) of the Factories Act is amended by deleting the full-stop at the end of paragraph (c) and substituting a semi-colon, and by inserting immediately thereafter the following paragraph:
“(d)the floors, walls, work benches and other surfaces of any workplace shall be disinfected by suitable means if they are likely to be contaminated with any disease-causing organism.”.
Repeal and re-enactment of section 14
6.  Section 14 of the Factories Act is repealed and the following section substituted therefor:
“Ventilation
14.—(1)  Every workroom shall be provided with adequate natural ventilation by means of one or more windows or openings having a total area of at least 10% of the floor area of the room.
(2)  In any workplace where natural ventilation is impracticable or inadequate, effective and suitable mechanical ventilation shall be provided such that the fresh air supply (except for air-conditioned areas) shall not be less than 0.5 cubic metre per minute per square metre floor area and 0.3 cubic metre per minute per person.
(3)  Where gases, vapours or other impurities are generated in the course of any process or work carried out in a workplace which may be injurious to health, effective and suitable ventilation shall be provided for securing and maintaining the circulation of fresh air in the workplace, to render harmless so far as is practicable, all such gases, vapours or other impurities.
(4)  This section shall not apply to any workplace where it is impracticable to make provision for adequate ventilation and where suitable air-supplied breathing apparatus is used by persons working in the workplace.”.
Amendment of section 18
7.  Section 18 of the Factories Act is amended by deleting the word “directly” in the first line.
Amendment of section 19
8.  Section 19 of the Factories Act is amended by deleting the word “directly” in the second line.
Amendment of section 21
9.  Section 21 of the Factories Act is amended by deleting subsection (3) and substituting the following subsection:
“(3)  Every machine driven by mechanical power shall be provided with an efficient starting and stopping device or appliance which shall be properly maintained and the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine.”.
Amendment of section 23
10.  Section 23(2) of the Factories Act is amended —
(a)by deleting the word “male” in the second line of paragraph (a); and
(b)by inserting, immediately after the word “ladder” in the first line of paragraph (c), the words “or work platform”.
Repeal and re-enactment of section 24
11.  Section 24 of the Factories Act is repealed and the following section substituted therefor:
“Construction and maintenance
24.—(1)  All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part shall be —
(a)of substantial construction;
(b)properly maintained; and
(c)kept in position and properly adjusted to render the machinery safe for any person while the parts required to be fenced or safeguarded are in motion or in use.
(2)  Subsection (1) shall not apply where the parts mentioned in paragraph (c) of that subsection are necessarily exposed in motion for examination and for any lubrication or adjustment shown by such examination to be immediately necessary and all the conditions specified in section 23(2) are complied with.
(3)  Every machinery, plant and vehicle shall be properly maintained in order to prevent any breakdown which is likely to cause death or bodily injury to any person.”.
Amendment of section 30
12.  Section 30 of the Factories Act is amended by deleting subsection (2) and substituting the following subsection:
“(2)  No lifting gear shall be used unless it has been tested and examined by an approved person and a certificate of such test and examination, specifying the safe working load and signed by the approved person, has been obtained and is kept available for inspection.”.
Amendment of section 31
13.  Section 31(1) of the Factories Act is amended by deleting paragraph (c) and substituting the following paragraph:
“(c)it has been tested and thoroughly examined by an approved person and a certificate of such test and examination specifying the safe working load and signed by the approved person has been obtained and is kept available for inspection.”.
Amendment of section 36
14.  Section 36 of the Factories Act is amended —
(a)by deleting subsection (11) and substituting the following subsections:
“(11)  A report of the result of every such examination, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure and such other conditions as may be necessary for the safe working of the boiler), shall be prepared in duplicate and signed by the person making the examination.
(11A)  A copy of such report shall be handed to the occupier of the factory and the other copy shall, within 28 days of the completion of the examination, be sent to the Chief Inspector, but where the examination shows that the steam boiler is not safe for use unless certain repairs are carried out immediately or within a specified time, the authorised boiler inspector shall forthwith send a copy of his report to the Chief Inspector.”;
(b)by deleting subsection (13) and substituting the following subsection:
“(13)  No steam boiler shall be taken into use in any factory unless —
(a)an application containing the particulars set out in the Eighth Schedule is made to the Chief Inspector who may upon receipt of the application assign an authorised boiler inspector to carry out such examination and test on the boiler as the Chief Inspector considers necessary;
(b)a report of the examination and test, specifying the safe working pressure of the boiler and stating the nature of the tests to which the boiler and its fittings have been submitted, issued by the authorised boiler inspector has been obtained and is kept available for inspection; and
(c)the boiler is so marked as to enable it to be identified as the boiler to which the report refers.”; and
(c)by deleting subsection (15) and substituting the following subsection:
“(15)  Any person, who for the purposes of this section desires that an examination or test of a steam boiler should be carried out by any authorised boiler inspector who is an inspector, shall notify the Chief Inspector accordingly and, on payment by that person of the prescribed fee, the Chief Inspector shall instruct such an authorised boiler inspector to carry out the examination or to carry out the test, as the case may be.”.
Amendment of section 37
15.  Section 37 of the Factories Act is amended by deleting subsections (6), (7) and (8) and substituting the following subsections:
“(6)  A report of the result of every such examination, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure), shall be prepared in duplicate and signed by the person making the examination.
(7)  Subsections (11A), (13) and (15) of section 36 shall apply, mutatis mutandis, to a steam receiver as they apply to a steam boiler and the reference to steam boiler in those subsections shall be read as a reference to steam receiver.”.
Amendment of section 38
16.  Section 38 of the Factories Act is amended —
(a)by deleting subsections (7) and (8) and substituting the following subsections:
“(7)  A report of the result of every such examination in the prescribed form shall be prepared in duplicate and signed by the person making the examination.
(8)  Subsections (11A), (13) and (15) of section 36 shall apply, mutatis mutandis, to a cast-iron underfired vulcaniser as they apply to a steam boiler and the reference to steam boiler in those subsections shall be read as a reference to cast-iron underfired vulcaniser.”; and
(b)by deleting subsection (10).
Amendment of section 39
17.  Section 39 of the Factories Act is amended by deleting subsections (6), (7) and (8) and substituting the following subsections:
“(6)  Every examination and test referred to in subsections (4) and (7) shall be carried out by an authorised boiler inspector, and a report of the result of every such examination and test, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure), shall be prepared in duplicate and signed by the person making the examination.
(7)  Subsections (11A), (13) and (15) of section 36 shall apply, mutatis mutandis, to an air receiver as they apply to a steam boiler and the reference to steam boiler in those subsections shall be read as a reference to air receiver.
(8)  Section 36(13) as made applicable by subsection (7) shall not apply to any air receiver that has been examined and reported on in accordance with subsection (6) and the owner of the air receiver is not the occupier of the factory to which the air receiver is taken into use.”.
Repeal and re-enactment of section 40, and new section 40A
18.  Section 40 of the Factories Act is repealed and the following sections substituted therefor:
“Refrigerating plant pressure receivers
40.—(1)  No refrigerating plant pressure receiver shall be taken into use in any factory unless —
(a)an application containing the particulars set out in the Eighth Schedule is made to the Chief Inspector who may upon receipt of the application assign an authorised boiler inspector to carry out such examination and test on the receiver as the Chief Inspector may consider necessary;
(b)a report of the examination and test, specifying the safe working pressure of the receiver and stating the nature of the tests to which the receiver and its fittings have been submitted, issued by the authorised boiler inspector has been obtained and is kept available for inspection; and
(c)the receiver is so marked as to enable it to be identified as the receiver to which the report refers.
(2)  Subsection (15) of section 36 shall apply, mutatis mutandis, to a refrigerating plant pressure receiver as it applies to a steam boiler and the reference to steam boiler in that subsection shall be read as a reference to refrigerating plant pressure receiver.
Exemption from liability
40A.  Neither the Government nor any inspector or authorised boiler inspector shall be liable for any damage done to any pressure vessel and its fittings in the course of any test carried out under section 36, 37, 38, 39 or 40.”.
Repeal and re-enactment of section 52
19.  Section 52 of the Factories Act is repealed and the following section substituted therefor:
“Investigation into accidents and dangerous occurrences
52.  Upon receipt of information of an accident or dangerous occurrence, the Chief Inspector may, if he thinks it necessary, instruct an inspector to visit the place where the accident or dangerous occurrence has taken place to make an investigation of the circumstances and record in writing his findings upon such investigation.”.
Amendment of section 55
20.  Section 55 of the Factories Act is amended —
(a)by deleting the words “from a public main” in subsection (1); and
(b)by inserting, immediately after subsection (2), the following subsection:
“(3)  Where workers are exposed to excessive heat, there shall be provided and maintained at all workplaces drinking fountains or other means of providing an adequate supply of cold drinking water to the workers.”.
Repeal and re-enactment of section 58
21.  Section 58 of the Factories Act is repealed and the following section substituted therefor:
“First-aid
58.—(1)  Subject to subsection (11), there shall be provided and maintained so as to be readily accessible first-aid boxes or containers.
(2)  Nothing except appliances or requisites for first-aid shall be kept in the first-aid boxes or containers.
(3)  Subject to subsection (11), the occupier of any factory in which more than 25 persons are employed shall appoint persons as first-aiders in the factory who shall be readily available during working hours.
(4)  Every person appointed under subsection (3) shall have undergone such training in first-aid treatment as may be approved by the Chief Inspector; and the Chief Inspector may require the person to undergo retraining in first-aid treatment.
(5)  Each first-aid box or container shall be under the charge of a responsible person who shall, in the case of a factory where more than 25 persons are employed, be trained in first-aid treatment.
(6)  A notice shall be affixed in every workroom stating the name of the person in charge of the first-aid box or container provided in respect of that room.
(7)  In every factory where more than 500 persons are employed, there shall be provided and maintained a first-aid room of such standard as may be approved by the Chief Inspector.
(8)  Where any person may be exposed to toxic or corrosive substances, the Chief Inspector may require provisions for the emergency treatment of the person.
(9)  Where the eyes or body of any person may come into contact with toxic or corrosive substances, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for emergency use.
(10)  If a first-aid room is provided at the factory and such arrangements are made as to ensure the immediate treatment there of all injuries occurring in the factory, the Chief Inspector may by a certificate exempt the factory from the requirements of subsections (1), (2), (3), (4), (5), (6) and (8) to such extent and subject to such conditions as he may specify in the certificate.
(11)  The Minister may prescribe —
(a)the number and the standard of first-aid boxes or containers to be provided and maintained; and
(b)the number of persons to be appointed under subsection (3),
in any factory or class of factories.”.
Repeal and re-enactment of sections 59 and 60, and new section 60A
22.  Sections 59 and 60 of the Factories Act are repealed and the following sections substituted therefor:
“Removal of dust, fumes, etc.
59.—(1)  Where, in connection with any process or work carried on in any factory, there is produced or given off any toxic, irritating or offensive dust, fume or other contaminants, all practicable measures shall be taken to protect persons employed against inhalation of the dust, fume or other contaminants and to prevent their accumulation in any workplace.
(2)  The measures to be taken under subsection (1) shall include one or more of the following where appropriate:
(a)carrying out the process or work in isolated areas where workers not connected with the process or work are prohibited;
(b)carrying out the process or work in closed vessels or systems to prevent persons employed from coming into contact with such contaminants;
(c)providing adequate ventilation to dilute the contaminants;
(d)providing local exhaust ventilation to remove the contaminants at their sources of emission; and
(e)carrying out the process or work wet.
(3)  The local exhaust ventilation system referred to in subsection (2)(d) shall be so designed, constructed, operated and maintained that dust, fume or other contaminants are safely and effectively removed at the source of generation and not dispersed or scattered in the surrounding air.
(4)  Accumulation of toxic dust or waste on the floors, walls, work benches or other surfaces in any workplace shall be removed by washing, vacuum cleaning or other suitable means so as not to make the dust or waste airborne.
(5)  No stationary internal combustion engine shall be used unless provision is made for conducting the exhaust gases from the engine into the open air.
(6)  The atmosphere of any workplace in which dangerous or obnoxious substances are manufactured, handled, used or given off shall be tested by a competent person at sufficient intervals to ensure that toxic or irritating dusts, fumes, gases, fibres, mists or vapours are not present in quantities liable to injure the health of persons employed.
(7)  Notwithstanding subsection (6), the Chief Inspector may, by order in writing —
(a)require the environment of any workplace to be monitored, tested or assessed for potential health hazards; and
(b)require air samples to be taken in the breathing zone of the persons who are exposed to dust, fume or other contaminants by using appropriate personal sampling equipment.
(8)  A record of the result of every test carried out under subsections (6) and (7) shall be kept available for inspection by an inspector for at least 5 years from the date of the test.
(9)  The requirements of subsections (1), (2), (6) and (7) shall not apply to any workplace where it is impracticable to comply with such requirements and where suitable air-supplied breathing apparatus is used by every person at the workplace.
(10)  The air-supplied breathing apparatus used under subsection (9) and section 14(4) shall be supplied with air —
(a)of a temperature and humidity comfortable for breathing; and
(b)which has been suitably treated to remove particles of any material, oil mist, vapour, odour, carbon monoxide and carbon dioxide.
(11)  The Minister may, by order published in the Gazette, specify the permissible exposure levels of toxic substances in the workplace of any factory or class of factories.
Toxic substances
60.—(1)  Toxic substances in a factory shall be placed under the control of a competent person who has adequate knowledge of the properties of the toxic substances and their dangers.
(2)  Warning notices in languages understood by the persons employed in the factory specifying the nature of the danger of the toxic substances shall be placed at all entrances to any workroom and at appropriate locations where the toxic substances are used or present.
(3)  Persons employed in a factory who are liable to be exposed to toxic substances shall be warned of the hazards involved and the precautionary measures to be taken.
(4)  Labels easily understood by persons employed in the factory shall be affixed to containers of toxic substances to warn them of the hazards involved and the precautionary measures to be taken.
Material safety data sheet
60A.—(1)  Where any toxic, corrosive or inflammable substance is used, handled or stored in a factory, the occupier shall —
(a)obtain a material safety data sheet of the substance;
(b)assess the information in the material safety data sheet and take precautionary measures to ensure the safe use of the substance; and
(c)make available the material safety data sheet to all persons employed in the factory who are liable to be exposed to the substance.
(2)  Any person who sells, or any agent of the seller who causes or procures to be sold, for use in a factory any toxic, corrosive or inflammable substance shall provide a material safety data sheet for the substance, giving an accurate and adequate description of the identity, physical and chemical properties of the substance, safety and health hazard information, precautions to be taken and safe handling information.
(3)  Any such person who fails to provide such a material safety data sheet or who provides inaccurate, inadequate or misleading information in a material safety data sheet shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”.
Amendment of section 62
23.  Section 62 of the Factories Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(1)  Where, in any factory, workers are employed in any process involving exposure to wet conditions or to excessive heat or noise or to extreme cold or to any toxic or offensive substance, suitable protective clothing and appliances, including where necessary suitable gloves, footwear, goggles, hearing protectors, head coverings and respirators, shall be provided and maintained for the use of such workers.”; and
(b)by deleting the word “regularly” in subsection (4).
Amendment of section 65
24.  Section 65 of the Factories Act is amended by deleting subsection (3) and substituting the following subsections:
“(3)  Effective means shall be taken to prevent the liberation of harmful substances and for the protection of workers against inhalation, skin absorption or ingestion of the harmful substances.
(3A)  Preventive measures shall be taken for the protection of workers from harmful radiations.
(3B)  Warning notices shall be placed where there are special risks to which workers are exposed and the workers shall be warned of the precautions to be taken to avoid such risks.
(3C)  Where the Minister is satisfied that the use of a substance, chemical or process may result in any risk of serious injury to the health of workers, he may, by order published in the Gazette, prohibit such substance, chemical or process from use in a factory.”.
Amendment of section 70
25.  Section 70 of the Factories Act is amended by inserting, immediately after subsection (3), the following subsection:
“(3A)  No person shall interfere with any equipment, instrument or device used for monitoring the workplace or taking samples for analysis.”.
Amendment of section 71
26.  Section 71(3) of the Factories Act is amended by deleting the word “exclusively” in the second line and substituting the words “on a full-time or part-time basis as specified in any order made under subsection (1)”.
Amendment of section 73
27.  Section 73 of the Factories Act is amended —
(a)by inserting, immediately after the words “let off” in the first line of subsection (1), the words “or used”; and
(b)by inserting, immediately after subsection (5), the following subsection:
“(6)  For the purposes of this section, “owner”, in relation to the common property of any sub-divided building, includes the management corporation having control of the building or the person receiving any rent or charge for the maintenance of that common property.”.
Amendment of section 74
28.  Section 74 of the Factories Act is amended —
(a)by deleting paragraphs (d) and (e) of subsection (2) and substituting the following paragraphs:
“(d)the provisions of Part V with respect to lifting gears, lifting appliances and machines, the power of the Chief Inspector to make orders, the power of the Minister to make orders, the notification of accidents and dangerous occurrences and the investigation into accidents and dangerous occurrences;
(e)sections 62, 67 and 68;”; and
(b)by inserting, immediately after the word “such” in subsection (4), the words “lifting gear, lifting appliance, lifting machine, or”.
Amendment of section 75
29.  Section 75 of the Factories Act is amended —
(a)by deleting the words “and duties” in the fifth line of subsection (2)(d);
(b)by deleting the words “to prohibit work or processes in certain circumstances” in the seventh and eighth lines of subsection (2)(d); and
(c)by deleting subsection (4) and substituting the following subsections:
“(4)  Nothing in this Act shall apply to any such work as is mentioned in subsection (1) which is done by the master, crew or owner of a ship on board the ship during a sea trial.
(5)  The provisions of Part V as made applicable by subsection (2)(d) shall not apply in relation to any lifting gear, lifting appliance, lifting machine or machinery which is on board a ship and is the property of the ship owner.”.
Amendment of section 76
30.  Section 76 of the Factories Act is amended by deleting subsection (2) and substituting the following subsection:
“(2)  Where the occupier of any premises (not being premises forming part of a factory) intends to take into use in the premises a steam boiler, steam receiver or air receiver, section 36(13) shall apply, mutatis mutandis, to the steam boiler, steam receiver or air receiver.”.
New section 76A
31.  The Factories Act is amended by inserting, immediately after section 76, the following section:
“Premises in airport used for repairing, refuelling, etc., of aircraft
76A.—(1)  Subject to subsection (3), the provisions of this Act specified in subsection (2) shall apply to any work carried out in or on any premises of an airport (not being premises forming part of a factory, or premises to which the application of this Act is otherwise extended by this Part) in repairing, checking, inspecting, servicing, cleaning, loading and unloading, and refuelling any aircraft as if the premises were a factory and as if the person undertaking the work were the occupier of a factory.
(2)  The provisions referred to in subsection (1) are —
(a)Part I;
(b)Part II;
(c)sections 14 and 15 (1);
(d)the provisions of Part V with respect to electrical installations and equipment, training and supervision of inexperienced workers, lifting gear, lifting appliances and lifting machines, air receivers, prevention of fire, the power of the Chief Inspector to make orders, the power of the Minister to make orders, and the notification of accidents and dangerous occurrences;
(e)sections 21(1), 22 (1) and (2), 33 (2), (3), (5), (7), (8), (9) and (10), 34 (1), (3), (4), (5), (6), (7), (8) and (9), 35 (4), (5) and (6), 52, 53 and 54;
(f)Part VII except those provisions with respect to meals in certain dangerous trades and safety committees;
(g)the provisions of Part IX with respect to factory records subject to such modifications as may be made by rules made by the Commissioner, and the provisions of that Part with respect to the duties of persons employed and the prohibition of deductions from wages;
(h)the provisions of Part X with respect to the powers and duties of inspectors;
(i)Part XI; and
(j)Part XII.
(3)  The provisions of this Act specified in subsection (2) shall not apply in relation to any such machinery or plant which is part of an aircraft and is the property of the aircraft owner.
(4)  The Chief Inspector may by a certificate in writing grant, subject to any condition specified in the certificate, to any person named in the certificate exemption from compliance with any of the provisions of this Act specified in subsection (2) in respect of any work carried out on or in any aircraft.”.
Amendment of section 77
32.  Section 77 of the Factories Act is amended —
(a)by deleting paragraphs (a), (b) and (c) of subsection (1) and substituting the following paragraphs:
“(a)building operations undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway;
(b)works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway;
(c)work involving the use of or exposure to pesticides;
(d)maintenance and repair of roads;
(e)building renovation work;
(f)lift maintenance and repair;
(g)work involving the use of visual display units; and
(h)any other process or operation which is of such a nature as to cause risks of bodily injury to any person employed or which poses health hazards to workers.”; and
(b)by deleting subsection (2) and substituting the following subsection:
“(2)  Regulations made under subsection (1) may —
(a)apply any of the provisions of this Act to the classes of premises, processes or operations therein mentioned; and
(b)impose duties on owners, employers, employed persons and other persons as well as occupiers.”.
Amendment of section 85
33.  Section 85(1) of the Factories Act is amended by deleting paragraph (i) and substituting the following paragraphs:
“(i)to take samples of any material or substance found in a factory or being discharged from the factory for the purpose of analysis or test, and to assess the levels of noise, illumination, heat or harmful or hazardous substances in the workplace and the exposure levels of workers;
(ia)to require any hospital to provide any information of any person who is injured in an accident and is receiving treatment thereat;”.
Amendment of section 88
34.  Section 88 of the Factories Act is amended by inserting, immediately after subsection (10), the following subsection:
“(10A)  If any person avails himself of any exception allowed by or under this Act, the burden of proving the existence of circumstances bringing the case within the exception shall lie upon the person.”.
Amendment of section 89
35.  Section 89 of the Factories Act is amended by deleting subsection (3) and substituting the following subsections:
“(3)  In relation to a contravention which results in serious bodily injury to any person, the person guilty of an offence shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year or to both.
(4)  In relation to a contravention which results in the death of one person, the person guilty of an offence shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year or to both.
(5)  In relation to a contravention which results in the death of two or more persons, the person guilty of an offence shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year or to both.”.
Amendment of section 96
36.  Section 96 of the Factories Act is amended by inserting, immediately after subsection (3), the following subsection:
“(4)  In determining for the purpose of any provision of this Act or any regulations made thereunder as to whether any machine, apparatus, appliance, equipment or installation is of good construction, sound material, adequate strength or in accordance with the generally accepted principles of safe and sound practice, regard shall be had to any relevant Singapore Standards or Codes of Practice published by the Singapore Institute of Standards and Industrial Research.”.
New section 96A
37.  The Factories Act is amended by inserting, immediately after section 96, the following section:
“When Magistrate may take cognizance of offence
96A.  For the purpose of section 133 of the Criminal Procedure Code [Cap. 68] and notwithstanding subsections (1) and (2) thereof, a Magistrate may take cognizance of an offence under this Act or any regulations made thereunder upon receiving a complaint in writing and signed by an inspector.”.
Amendment of section 97
38.  Section 97 of the Factories Act is amended by deleting “$200” and substituting “$1,000”.
Amendment of section 102
39.  Section 102(1) of the Factories Act is amended —
(a)by deleting paragraph (a) and substituting the following paragraph:
“(a)the lighting, ventilation, temperature, humidity, noise and hygiene in factories, the fixing of standards therefor, and the means, if any, required for removing impurities from the air in workrooms and for reducing excessive heat and noise;”; and
(b)by inserting, immediately after paragraph (b), the following paragraph:
“(ba)the use, control and safeguarding of any dangerous machinery or equipment;”.
Miscellaneous amendments
40.  The Factories Act is amended —
(a)by deleting the word “poisonous” in the following provisions and substituting in each case the word “toxic”:
Sections 61(1), 66 and 102(1)(b); and
(b)by deleting the words “maximum permissible working pressure” wherever they appear in the following provisions and substituting in each case the words “safe working pressure”:
Sections 36(2) and (10), 37(2) and 38(2), (6) and (9).
Singapore Statutes Online
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Last updated 23 Nov 2024
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