Workplace Safety and Health Bill

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1 Short title and commencement

2 Application of Act

3 Application of Act to Government

4 General interpretation

5 Meanings of "workplace" and "factory"

6 Meanings of "employee" and "employer"

7 Appointment of Commissioner for Workplace Safety and Health and other officers

8 Commissioner, Deputy Commissioners, inspectors and authorised officers to be public servants

9 Identification of inspectors and authorised officers

10 Duties according to different capacities

11 Duty of occupier of workplace

12 Duties of employers

13 Duties of self-employed persons

14 Duties of principals

15 Duties of persons at work

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

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

18 Other related duties of occupiers and employers

19 Duties of occupier of common areas

20 Offence of breaching duty under this Part

21 Power to issue remedial order or stop-work order

22 Appeal from order made by Commissioner

23 Power to suspend certificate

24 Investigation into accidents, dangerous occurrences, etc.

25 Alteration or addition to machinery, equipment, etc.

26 Minister may direct inquiry to be held

27 Notification and reporting of accidents, dangerous occurrences, etc.

28 Workplace safety and health officers and co-ordinators

29 Workplace safety and health committees

30 Workplace safety and health auditors

31 Safety and health training courses

32 Requirement for approval of Commissioner to act

33 Application for and grant of approval

34 Duration of approval

35 Cancellation of approval

36 Surrender of certificate

37 False assumption of title

38 Offence under this Part

39 Codes of practice

40 Use of approved codes of practice in criminal proceedings

41 Powers of inspectors

42 Power to take samples

43 Power to examine and secure attendance

44 Competency of inspector as witness

45 Persons not to reveal protected information

46 Unregistered factories

47 Onus of proving what is reasonably practicable

48 Offences by bodies corporate, etc.

49 Arrest of person accused of offence under section 15(3) or 21(7)

50 General penalties

51 Penalty for repeat offenders

52 Power of court to order cause of contravention to be remedied

53 Forgery of certificates, false entries and false declarations

54 Jurisdiction of court

55 When Magistrate may take cognizance of offence

56 Composition of offences

57 Power to modify agreements

58 Power to apportion expenses

59 Relation to other laws

61 Protection from personal liability

62 Exempt workers, workplaces and equipment, etc.

63 Service of documents, etc.

64 Amendment of Schedules

67 Savings and transitional provisions

68 Consequential amendments to other written laws

Workplace Safety and Health Bill

Bill No. 36/2005

Read the first time on 17th October 2005.

An Act relating to the safety, health and welfare of persons at work in workplaces, and to repeal the Factories Act (Chapter 104 of the 1998 Revised Edition), and to make consequential amendments to certain other written laws.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1. This Act may be cited as the Workplace Safety and Health Act 2005 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Application of Act

2.—(1) Except as otherwise expressly provided in this Act (but not the regulations), the provisions of this Act shall apply to workplaces within the class or description of workplaces specified in the First Schedule.

(2) The Minister may, by order published in the Gazette, add to the class or description of workplaces specified in the First Schedule, and may prescribe in the order such transitional provisions as may be necessary or expedient.

(3) Every order made under subsection (2) shall be presented to Parliament as soon as possible after publication in the Gazette.

Application of Act to Government

3.—(1) Except as provided in subsection (2), this Act shall bind the Government and shall apply to —

(a)	any workplace wholly or partly owned or occupied by the Government; and
(b)	any premises in which any building operation or any work of engineering construction is carried on by or on behalf of the Government.

(2) Nothing in this Act shall render the Government liable to prosecution for an offence.

(3) For the avoidance of doubt, no person shall be immune from prosecution for any offence under this Act by reason that the person is engaged to provide services to the Government.

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