Factories (Amendment) Bill

Bill No. 42/1999

Read the first time on 23rd November 1999.
An Act to amend the Factories Act (Chapter 104 of the 1998 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 1999 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(2) of the Factories Act is amended —
(a)by deleting paragraph (r) and substituting the following paragraph:
“(r)any premises in which mechanical power is used in connection with the sorting, packing, handling or storing of articles which is carried out by way of trade or for purposes of gain or incidentally to another business so carried on;”;
(b)by deleting the word “and” at the end of paragraph (s);
(c)by deleting the word “liquified” in paragraph (t) and substituting the word “liquefied”; and
(d)by deleting the full-stop at the end of paragraph (t) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
“(u)any land delineated as railway area in the plans and maps prepared under section 3(1) or (2) of the Rapid Transit Systems Act (Cap. 263A) on which any inspection, testing, repair or maintenance of any railway as defined in section 2 of that Act is carried out.”.
Amendment of section 7
3.  Section 7 of the Factories Act is amended —
(a)by inserting, immediately after the word “used” in the 9th line of the definition of “machinery” in subsection (1), the word “solely”; and
(b)by inserting, immediately after subsection (4), the following subsection:
“(5)  For the purposes of this Act, any reference to the health of a person shall, where that person is pregnant, include the health of any unborn child which that person is carrying.”.
Amendment of section 9
4.  Section 9 of the Factories Act is amended —
(a)by deleting the words “2 months” in the 3rd line of subsection (2) and substituting the words “one month”; and
(b)by deleting the words “Notwithstanding subsection (2), the Chief Inspector may by rules modify the requirements under that subsection in respect of any” in the 1st and 2nd lines of subsection (3) and substituting the words “Subsections (1) and (2) shall not apply to”.
New section 24A
5.  The Factories Act is amended by inserting, immediately after section 24, the following section:
“Lock-out procedures
24A.—(1)  Lock-out procedures shall be established and implemented for the inspection, cleaning, repair or maintenance of any plant, machinery or equipment that, if inadvertently activated or energised, is liable to cause bodily injury to any person.
(2)  Every person carrying out any work described in subsection (1) shall be fully instructed on the lock-out procedures for that work before commencing that work.
(3)  For the purposes of this section, “lock-out procedures” means a set of procedures —
(a)to ensure that all energy sources to the relevant plant, machinery or equipment will be isolated, disconnected or discharged; and
(b)to prevent any part of the plant, machinery or equipment from being inadvertently activated or energised.”.
New section 27A
6.  The Factories Act is amended by inserting, immediately after section 27, the following section:
“Safety training courses
27A.—(1)  The occupier of a factory shall ensure that every person employed in the factory who is of a class or description specified under subsection (2) attends such safety training courses as the Chief Inspector may specify under that subsection in respect of such persons.
(2)  The Chief Inspector may, by order published in the Gazette, specify the classes or description of persons to which this section applies and the safety training courses that he considers necessary for such persons.”.
Amendment of section 28
7.  Section 28 of the Factories Act is amended —
(a)by deleting the words “process, being a machine or process” in the 2nd line of subsection (1) and substituting the words “process or work, being a machine, process or work”;
(b)by inserting, immediately after the word “process” in subsection (1)(a) and in the 5th and in the 6th lines of subsection (2), the words “or work”; and
(c)by deleting the words “or process” in subsection (1)(b) and in the 2nd and in the 3rd lines of subsection (2) and substituting in each case the words “, process or work”.
Amendment of section 33
8.  Section 33(12) of the Factories Act is amended —
(a)by deleting the words “or stacked” in the 1st, 2nd and in the 13th lines and substituting the words “, stacked or placed”; and
(b)by deleting paragraph (c) and substituting the following paragraph:
“(c)in such manner, and using such supporting structures as may be necessary, as to ensure the stability, and to prevent the collapse, of the goods, articles or substances,”.
Amendment of section 36
9.  Section 36 of the Factories Act is amended —
(a)by inserting, immediately after the words “Eighth Schedule” in the 2nd line of paragraph (a) of subsection (14), the words “, including a layout plan of the boiler room,”;
(b)by deleting the word “and” at the end of paragraph (b) of subsection (14);
(c)by deleting the full-stop at the end of paragraph (c) of subsection (14) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
“(d)the layout of the boiler room is acceptable to the Chief Inspector.”; and
(d)by deleting the words “shall instruct such an authorised boiler inspector to carry out the examination or to carry out the test, as the case may be” in the 5th, 6th and 7th lines of subsection (16) and substituting the words “may instruct any authorised boiler inspector who is an inspector to carry out the examination or test”.
Amendment of section 47
10.  Section 47 of the Factories Act is amended by deleting subsection (6) and substituting the following subsection:
“(6)  Every exit affording means of escape in case of fire or giving access to such means of escape shall be conspicuously marked with an exit sign of an adequate size bearing the word “EXIT” in green on a white background or in white on a green background.”.
New section 47A
11.  The Factories Act is amended by inserting, immediately after section 47, the following section:
“Safe work procedures
47A.—(1)  No work specified in the Twelfth Schedule shall commence in any factory unless —
(a)the hazards to which persons at the workplace could be exposed as a result of such work have been identified;
(b)the injury or harm that could arise from the hazards referred to in paragraph (a) have been identified;
(c)safe work procedures are implemented; and
(d)steps are taken to ensure that all persons involved in such work are familiar with the safe work procedures.
(2)  The safe work procedures referred to in subsection (1) shall include —
(a)the provision of personal protective equipment; and
(b)the safety precautions to be taken in the course of work and during an emergency.
(3)  Appropriate measures shall be taken in a factory —
(a)to reduce and, where possible, eliminate the hazards identified under subsection (1); and
(b)to inform all persons working at the workplace of the means to reduce and, where possible, eliminate the hazards identified under subsection (1).
(4)  A written description of the safe work procedures referred to in subsection (1) shall be kept by the occupier of the factory or the employer, as the case may be, and be produced to the inspector for inspection when requested.
(5)  Every person in the factory shall observe and comply with the safe work procedures referred to in subsection (1).”.
Repeal of section 48
12.  Section 48 of the Factories Act is repealed.
Repeal and re-enactment of section 49
13.  Section 49 of the Factories Act is repealed and the following section substituted therefor:
“Power to prohibit process or work in certain circumstances
49.—(1)  If the Chief Inspector is satisfied that —
(a)any factory or part of a factory is in such condition, or is so placed, or any part of the machinery or plant in the factory is so used, that any process or work carried on in the factory cannot be carried on with due regard to the safety, health and welfare of the persons employed; or
(b)any process or work is carried on or anything is or has been done in any factory in such a manner as to cause risk of bodily injury,
he may by order direct the occupier of the factory —
(i)to take such steps as may be specified in the order, to remedy the danger to the satisfaction of the Chief Inspector; or
(ii)to cease forthwith the carrying on of any process or work indefinitely or until such steps have been taken as may be specified in the order to enable the process or work to be carried on with due regard to the safety, health and welfare of persons employed.
(2)  The occupier of a factory who fails to comply with any order under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part thereof during which the offence continues after conviction.
(3)  Where the occupier of a factory fails to comply with any order under subsection (1), the Chief Inspector may —
(a)at all reasonable times enter upon the premises of the factory and take such measures and do such work as may be necessary to comply with the order; and
(b)take appropriate measures to prevent unauthorised entry to any area or unauthorised access to any machinery affected by the order.
(4)  Any costs and expenses incurred by the Chief Inspector under subsection (3) may be recovered as a debt due to the Government from the occupier of the factory.
(5)  Where the Chief Inspector has taken measures under subsection (3)(b) in respect of any area or machinery, any person who, knowing that such measures have been taken, enters that area or gains access to that machinery without the authorisation of the Chief Inspector shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(6)  A police officer or an inspector authorised in writing by the Chief Inspector may arrest without warrant any person who has committed an offence under subsection (5) and take him before a Magistrate’s Court to be dealt with according to law.
(7)  Section 88(4) to (9) shall apply, with the necessary modifications, to a person arrested in accordance with subsection (6).”.
Amendment of section 59
14.  Section 59 of the Factories Act is amended —
(a)by inserting, immediately after subsection (6), the following subsection:
“(6A)  A person shall not be deemed to be a competent person for the purposes of subsection (6) unless he has attended and passed such courses as may be required by the Chief Inspector.”;
(b)by inserting, immediately after the word “test” at the end of subsection (8), the words “or such other period as the Chief Inspector may specify in writing”;
(c)by deleting the word “order” in subsection (11) and substituting the word “notification”; and
(d)by inserting, immediately after subsection (11), the following subsections:
“(12)  Every occupier or every employer who undertakes any process or work in any factory to which a notification under subsection (11) applies shall take all necessary measures to ensure that no person is exposed to toxic substances in excess of the permissible exposure levels specified in the notification.
(13)  No person employed in a factory shall knowingly or recklessly do anything that may result in any person being exposed to toxic substances in excess of the permissible exposure levels specified in the notification under subsection (11).”.
Amendment of section 60
15.  Section 60 of the Factories Act is amended by inserting, immediately after subsection (1), the following subsection:
“(1A)  A person shall not be deemed to be a competent person for the purposes of subsection (1) unless he has attended and passed such courses as may be required by the Chief Inspector.”.
Amendment of section 60A
16.  Section 60A(2) of the Factories Act is amended by inserting, immediately after the word “identity” in the 5th line, the words “of all hazardous ingredients”.
Amendment of section 62
17.  Section 62 of the Factories Act is amended —
(a)by deleting the word “workers” in the 1st and in the last lines of subsection (1) and substituting in each case the word “persons”;
(b)by inserting, immediately after the word “process” in the 2nd line of subsection (1) and in subsection (2), the words “or work”; and
(c)by deleting subsection (7) and substituting the following subsection:
“(7)  The Minister may, by notification in the Gazette, specify the types of clothing and appliances to be provided for the purposes of this section.”.
Amendment of section 64
18.  Section 64 of the Factories Act is amended by inserting, immediately after the word “process”, the words “or work”.
Amendment of section 69
19.  Section 69 of the Factories Act is amended —
(a)by inserting, immediately after the word “regulations” in the last line of subsection (1), the words “, and for the removal of such persons from exposure to the risk”; and
(b)by deleting the section heading and substituting the following section heading:
“Medical supervision and removal from exposure to risk”.
New sections 71A, 71B and 71C
20.  The Factories Act is amended by inserting, immediately after section 71, the following sections:
“Safety co-ordinator
71A.—(1)  This section shall apply to such class or description of factories as the Minister may, by order published in the Gazette, specify.
(2)  The occupier of any factory to which this section applies shall employ a competent person to act as a safety co-ordinator in the factory.
(3)  The safety co-ordinator shall promote the safe conduct of work generally within the factory.
(4)  The safety co-ordinator shall possess such qualifications and have received such training as the Minister may, from time to time by notification in the Gazette, prescribe.
Safety management system
71B.—(1)  This section shall apply to such class or description of factories as the Minister may, by order published in the Gazette, specify.
(2)  The occupier of any factory to which this section applies shall —
(a)implement a safety management system for the purpose of ensuring the safety, and protecting the health and welfare, of persons employed in the factory;
(b)appoint such number of approved auditors to audit the safety management system as the Chief Inspector may require; and
(c)as far as is practicable, implement the recommendations of the approved auditor without undue delay.
(3)  The safety management system shall —
(a)include the elements specified in the Thirteenth Schedule; and
(b)be audited at such time and in such manner as the Chief Inspector may require.
(4)  The Chief Inspector may, by a certificate in writing, approve any person to be an approved auditor for the purposes of this section.
Safety inspections
71C.—(1)  This section shall apply to such class or description of factories as the Minister may, by order published in the Gazette, specify.
(2)  The occupier of a factory to which this section applies shall —
(a)appoint a competent person to conduct periodic safety inspections to ensure the safety, health and welfare of the persons employed in the factory;
(b)as far as is practicable, implement the recommendations of the competent person referred to in subsection (5) without undue delay; and
(c)submit the inspection report and recommendations of the competent person referred to in subsection (5) to the Chief Inspector if the Chief Inspector so requires.
(3)  The periodic safety inspections under subsection (2) shall be conducted at such time and in such manner as the Chief Inspector may require.
(4)  A person shall not be deemed to be a competent person for the purposes of subsection (2) unless he is approved by the Chief Inspector by a certificate in writing for the purposes of conducting the periodic safety inspections.
(5)  A person appointed to conduct periodic safety inspections under subsection (2) shall prepare and submit a copy of his inspection report, including his recommendations, to the occupier of the factory within 7 days of the inspection.”.
Amendment of section 74
21.  Section 74(3) of the Factories Act is amended by deleting the words “or harbour” in the 4th line.
Amendment of section 75
22.  Section 75(2) of the Factories Act is amended by inserting, immediately after the words “respect to” in paragraph (f), the words “safety committees and to”.
Amendment of section 77
23.  Section 77(1) of the Factories Act is amended by inserting, immediately after paragraph (f), the following paragraph:
“(fa)work in confined spaces;”.
New section 78A
24.  The Factories Act is amended by inserting, immediately after section 78, the following section:
“Singapore Standards and Codes of Practice
78A.  Every occupier of a factory shall comply with such Singapore Standards and Codes of Practice published by the Singapore Productivity and Standards Board as the Minister may, by order published in the Gazette, prescribe.”.
Amendment of section 85
25.  Section 85 of the Factories Act is amended —
(a)by deleting the words “$2,000” and “3 months” in the 4th and 5th lines of subsection (4) and substituting the words “$5,000” and “6 months”, respectively; and
(b)by inserting, immediately after the word “Act” in subsection (5), the words “or any subsidiary legislation made thereunder”.
Amendment of section 88
26.  Section 88 of the Factories Act is amended —
(a)by deleting the words “regulations, rules or orders made under this Act” in the 3rd and 4th lines of subsection (2) and substituting the words “of the provisions of this Act or any subsidiary legislation made thereunder”;
(b)by deleting the word “Commissioner” in the 3rd line of subsection (3) and substituting the words “Chief Inspector”;
(c)by inserting, immediately after the word “Act” in the 1st line of subsection (13), the words “or any subsidiary legislation made thereunder”; and
(d)by inserting, immediately after subsection (13), the following subsection:
“(14)  Where a partnership is guilty of an offence under this Act or any subsidiary legislation made thereunder, every partner shall also be guilty of the offence and liable to be proceeded against and punished accordingly, unless the partner proves that he was ignorant of, or had attempted to prevent, the commission of the offence.”.
Amendment of section 89
27.  Section 89 of the Factories Act is amended —
(a)by deleting “$1,000”, “$2,000” and “$100” in the 4th, 6th and 10 lines of subsection (1) and substituting “$2,000”, “$5,000” and “$200”, respectively;
(b)by deleting “$10,000” and “$1,000” in the 3rd and 8th lines of subsection (2) and substituting “$20,000” and “$2,000”, respectively;
(c)by inserting, immediately after the word “results” in subsection (3), the words “in a dangerous occurrence or”;
(d)by deleting “$25,000” in subsection (3) and substituting “$35,000”; and
(e)by inserting, immediately after subsection (5), the following subsection:
“(6)  Where a person —
(a)has on at least one previous occasion been convicted of an offence under any of the classes of offences under this Act or any regulations made thereunder, set out in the Fourteenth Schedule; and
(b)is convicted of an offence under the same class of offences again,
the court may punish such offender, in addition to any imprisonment if prescribed, with a fine not exceeding twice the amount of fine to which he would otherwise have been liable for such conviction.”.
Amendment of section 90
28.  Section 90(2) of the Factories Act is amended by deleting “$300” in the 4th line and substituting “$1,000”.
Amendment of section 91
29.  Section 91 of the Factories Act is amended by deleting “$2,000” in the last line and substituting “$5,000”.
Amendment of section 92
30.  Section 92 of the Factories Act is amended by inserting, immediately after the word “Act”, the words “or any subsidiary legislation made thereunder”.
Amendment of section 97
31.  Section 97 of the Factories Act is amended —
(a)by inserting, immediately after the word “Act”, the words “or any subsidiary legislation made thereunder”; and
(b)by deleting “$1,000” and substituting “$2,000”.
Amendment of section 102
32.  Section 102(1) of the Factories Act is amended —
(a)by deleting the words “providing for” in the 3rd line and substituting the words “in respect of”; and
(b)by inserting, immediately after the word “humidity,” in paragraph (a), the words “radiant heat,”.
Amendment of section 104
33.  Section 104 of the Factories Act is amended —
(a)by deleting the word “The” and substituting the words “Subject to subsection (2), the”; and
(b)by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:
“(2)  The Minister shall not amend the Fourteenth Schedule to include any new offence or class of offences, or to change the classification of any of the offences, in that Schedule.
(3)  Subsection (2) shall not prevent the Minister from amending the Fourteenth Schedule for the purposes of correcting cross-references, renumbering the provisions referred to in that Schedule and making additions, omissions or alterations consequential upon the renumbering of, or amendment to, the provisions referred to in that Schedule.”.
Amendment of Fourth Schedule
34.  The Fourth Schedule to the Factories Act is amended —
(a)by inserting, immediately after the word “any” in paragraph 2, the words “load bearing”; and
(b)by inserting, immediately after paragraph 6, the following paragraphs:
“7.  Failure or collapse of formwork or its supports.
8.  Collapse, in part or in whole, of a scaffold exceeding 15 metres in height or of a suspended scaffold or a hanging scaffold from which persons may fall more than 3 metres.
9.  Accidental seepage or entry of seawater into a dry dock or floating dock causing flooding of the dry dock or floating dock.”.
New Twelfth, Thirteenth and Fourteenth Schedules
35.  The Factories Act is amended by inserting, immediately after the Eleventh Schedule, the following Schedules:
“TWELFTH SCHEDULE
Section 47A(1)
Work Requiring Implementation of Safe Work Procedures
1.  Work on any machinery where the fencing has been removed for the purposes of any examination, lubrication or other operation referred to in section 23(1).
2.  Work at a place where a person is liable to fall a distance of more than 3 metres or into any substance that is likely to cause drowning, poisoning, chemical burns or asphyxiation.
3.  Work in any confined space.
4.  Work involving the application of heat, or the potential generation of any source of ignition, where any explosive or flammable substance is liable to be present.
5.  Maintenance or repair work on any pressure vessel or lifting equipment.
6.  Work on any process, plant, vessel or machinery that is liable to produce or give off any corrosive, toxic or flammable substance.
7.  Work in compressed air environment or under water.
THIRTEENTH SCHEDULE
Section 71B(3)
Elements of Safety Management System
1.  Safety policy, including the allocation and delegation of responsibility for safety.
2.  Safe work practices.
3.  Safety training.
4.  Group meetings.
5.  Incident investigation and analysis.
6.  In-house safety rules and regulations.
7.  Safety promotion.
8.  A system for the evaluation, selection and control of contractors.
9.  Safety inspections.
10.  A maintenance regime.
11.  Hazard analysis.
12.  Control of movement and use of hazardous chemicals.
13.  Occupational health programmes.
14.  Emergency preparedness.
FOURTEENTH SCHEDULE
Section 89(6)
Offences to Which Enhanced Penalties Apply
Legislation
 
 
 
Classes of Offences
Factories Act
Factories (Building Operations and Works of Engineering Construction) Regulations
(Rg 8)
Factories
(Shipbuilding and Ship-repairing) Regulations
(Rg 11)
CLASS I — Offences relating to risk of fire and explosion
Sections 35(1), (4) and (5), 44(6) and 46(1).
 
Regulations 15 (8), 25 and 53(2).
CLASS II — Offences relating to permit-to-work
 
 
Regulations 35, 39(1), 47 and 48.
CLASS III — Offences relating to electrical hazards
Section 20.
Regulation 16 (7), (9) and (10).
Regulations 24(5), 57(1) and 58.
CLASS IV — Offences relating to risk of person falling due to failure to provide barricade
Sections 29(3) and 33(2), (7) and (11).
Regulations 6,
88(1) and 132(8).
Regulations 9 and 93(1)(a).
CLASS V — Offences relating to unsafe working platform or workplace
 
Regulations 80(1) and (2) and 81(5).
Regulations 76(2) and 92(7).
CLASS VI — Offences relating to risk of person falling due to unsafe access way
Section 33(3).
Regulations 10 (1), 62, 65 and 87.
Regulation 86.
CLASS VII — Offences relating to failure to provide safety belt or anchorage
Section 33(8).
 
 
CLASS VIII — Offences relating to risk of objects falling
Sections 31(1) and (3) and 33(12).
Regulations 5(1) and (4), 10(2), 21(2) and (4), 22(2) and (4), 33, 83, 100, 102(1) and 249(2).
Regulations 7(2) and (4), 93(1)(b) and 145(3).
CLASS IX — Offences relating to health hazards in confined space
Sections 34(3), (5) and (9) and 59(1).
Regulations 11 and 150.
Regulation 15(3).
CLASS X — Offences relating to health hazards due to failure to provide protective equipment
Section 62.
Regulation 12.
 
CLASS XI — Offences relating to mechanical hazards
Sections 21(1), 22(1) and 24(1).
Regulation 17 (2).
 
CLASS XII — Offences relating to structures collapsing due to overloading of structures
 
Regulation 96(1).
Regulation 88(1).
CLASS XIII — Offences relating to structures collapsing due to poor maintenance of structures
 
Regulation 78(1).
Regulation 81(1).
CLASS XIV — Offences relating to structures collapsing due to poor construction
 
Regulations 28(1), 30(1) and (4), 70, 77(7), (8), (9), (10) and (11), 79(1), 89(1), 90(1) and (6) and 101(2).
Regulations 76(1), 90(1), 94(1), 95(1) and (6) and 101(2).
”.
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