Factories (Amendment) Bill

Bill No. 9/1978

Read the first time on 17th February 1978.

An Act to amend the Factories Act, 1973 (No. 6 of 1973).

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, 1978, 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, 1973 (hereinafter in this Act referred to as “the principal Act”) is hereby amended —

(a)	by deleting the words “or vessels” appearing in the second line of paragraph (a) of subsection (2) thereof; and
(b)	by deleting the word “or” appearing at the end of paragraph (a) of subsection (5) thereof and substituting therefor the word “and”.

Amendment of section 7

3. Section 7 of the principal Act is hereby amended —

(a)

by deleting the definition of “accident” appearing in subsection (1) thereof;

(b)

by deleting the word “means” appearing in the first line of the definition of “lifting appliance” appearing in subsection (1) thereof and substituting therefor the word “includes”;

(c)

by deleting the word “means” appearing in the first line of the definition of “lifting gear” appearing in subsection (1) thereof and substituting therefor the word “includes”;

(d)

by deleting the word “means” appearing in the first line of the definition of “lifting machine” appearing in subsection (1) thereof and substituting therefor the word “includes”;

(e)

by inserting immediately after the definition of “sanitary conveniences” appearing in subsection (1) thereof the following new definition: —

“ “ship” includes every description of vessel used in navigation, a floating rig, a barge or any platform used in any form of operations at sea;”; and

(f)

by inserting immediately after the word “ventilating” appearing in the fourth line of subsection (3) thereof the expression “, cooling, airconditioning”.

Repeal and re-enactment of section 14

4. Section 14 of the principal Act is hereby repealed and the following substituted therefor: —

“Ventilation

14.—(1) Effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workplace, adequate ventilation of the workplace and for rendering harmless, so far as practicable, all such fumes, dust and other impurities generated in the course of any process or work carried out in the factory as may be injurious to health.

(2) The provisions of subsection (1) of this section shall not apply to any workplace where it is impracticable to make provision for adequate ventilation and where breathing apparatus is used by persons working in the workplace.”.

Amendment of section 22

5. Section 22 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be safe to every person employed or working on the premises as it would be if securely fenced.”;

(b)

by inserting immediately after subsection (1) thereof the following new subsection: —

“(2) Subsection (1) of this section shall not apply where the dangerous part of any machinery is made safe for persons employed or working on the premises by other equally effective means.”; and

(c)

by renumbering the existing subsection (2) thereof as subsection (3).

Amendment of section 23

6. Subsection (1) of section 23 of the principal Act is hereby amended by deleting the word “shipping” appearing in the twelfth line of paragraph (b) thereof and substituting therefor the word “shifting”.

Amendment of section 24

7. Section 24 of the principal Act is hereby amended —

(a)

by renumbering the existing section as subsection (1);

(b)

by inserting immediately after subsection (1) thereof the following new subsection: —

“(2) The machinery and plant shall be properly maintained in order to prevent any breakdown which is likely to cause death or bodily injury to any person.”; and

(c)

by deleting the words “of fencing” appearing in the marginal note thereto.

Amendment of section 28

8. Section 28 of the principal Act is hereby amended —

(a)

by renumbering the existing section as subsection (1); and

(b)

by inserting immediately after subsection (1) thereof the following new subsection: —

“(2) For the purpose of instructing any person employed at any such machine or process on the safety measures to be observed in respect of the safe operation of any such machine or process an employer shall cause to be displayed on such machine or at a place nearest to the process a notice written in languages understood by the persons employed at such machine or in any such process describing those safety measures.”.

Amendment of section 29

9. Section 29 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) No hoist or lift shall be used unless —

(a)	it is of good mechanical construction, sound material and adequate strength, and is properly maintained;
(b)	in the case of a lift, it has been tested and thoroughly examined before installation by or on behalf of the manufacturer and a certificate of such test and examination, specifying the safe working load and signed by or on behalf of the manufacturer, shall be kept available for inspection; and
(c)	it has been tested and examined by an approved person after installation and a certificate of such test and examination, specifying the safe working load and signed by the approved person, shall be kept available for inspection.”;

(b)

by deleting the expression “hoists and lifts used for carrying persons, whether together with goods or otherwise” appearing in the second and third lines of subsection (7) thereof and substituting therefor the word “lifts”;

(c)

by deleting the words “hoist or” appearing in the first line of paragraph (c) of subsection (7) thereof; and

(d)

by deleting subsection (10) thereof and substituting therefor the following: —

“(10) For the purposes of this section —

(a)	no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides;
(b)	“lift” includes any lifting machine or appliance used for carrying persons, whether together with goods or otherwise.”.

Amendment of section 33

10. Section 33 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) All places of work, floors, steps, stairs, passages, gangways and means of access shall —

(a)	be of sound construction and properly maintained; and
(b)	so far as it is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip.”;

(b)

by deleting subsection (5) thereof and substituting therefor the following: —

“(5) All ladders shall be —

(a)	soundly constructed and properly maintained; and
(b)	securely fixed, or held by a person, to prevent it from slipping.”;

(c)

by deleting subsection (7) thereof and substituting therefor the following: —

“(7) Where any person is to work at a place from which he will be liable to fall a distance of more than three metres, then unless the place is one which affords secure foothold and handhold, means such as a safety belt and fencing shall be provided for ensuring his safety.

(7A) Where a safety belt is provided pursuant to subsection (7) of this section, there shall be sufficient and secured anchorage, by means of life line or otherwise for the safety belt, and such anchorage shall not be lower than the level of the working position of the person wearing the safety belt.”; and

(d)

by inserting immediately after subsection (10) thereof the following new subsections: —

“(11) Where persons are exposed to the risk of falling into water and of drowning, there shall be provided —

(a)	equipment and means of rescuing and resuscitating drowning persons; and
(b)	suitable life jackets or other equipment for keeping such persons afloat in the event that they fall into the water.

(12) The equipment referred to in subsection (11) of this section shall be properly maintained and kept free from defects at all times.”.

Amendment of section 34

11. Section 34 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) The provisions of subsections (2) to (7) of this section shall have effect where work in any factory has to be done inside any chamber, tank, vat, pit, pipe, flue, or confined space, in which —

(a)	dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby; or
(b)	the supply of air is inadequate, or is likely to be reduced to be inadequate, for sustaining life.”;

(b)

by deleting the word “responsible” appearing in the seventh line of subsection (3) thereof and substituting therefor the word “competent”;

(c)

by deleting the word “responsible” appearing in the first and second lines of subsection (4) thereof and substituting therefor the word “competent”;

(d)

by deleting the word “and” appearing at the end of paragraph (a) of subsection (5) thereof;

(e)

by deleting the words “for respiration” appearing in the third line of paragraph (c) of subsection (5) thereof and substituting therefor the words “to sustain life”;

(f)

by inserting immediately after subsection (5) thereof the following new subsection: —

“(5A) A record shall be kept of every test made pursuant to subsection (5) of this section and be kept available at all times for inspection.”; and

(g)

by deleting subsection (8) thereof and substituting therefor the following: —

“(8) No person shall enter or remain in, and no person shall require, permit or direct any other person to enter or remain in, any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either —

(a)	he is wearing a suitable breathing apparatus; or
(b)	the space has been and remains adequately ventilated and a competent person has tested and certified it as containing an adequate supply of oxygen and safe for entry without breathing apparatus.”.

Amendment of section 35

12. Section 35 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Where, in connection with any process giving rise to dust, gas, vapour or substance, there may escape into any workplace dust, gas, vapour, or substance, of such a character and to such an extent as to be liable to explode on ignition, all practical steps shall be taken to prevent such an explosion —

(a)	by enclosure of the plant used in the process;
(b)	by removal or prevention of accumulation of the dust, gas, vapour or substance;
(c)	by exclusion or effective enclosure of possible sources of ignition; and
(d)	by the use of suitable flame-proof equipment.”;

(b)

by inserting immediately after subsection (4) thereof the following new subsections: —

“(5) No plant, tank or vessel which contains, or has contained, any explosive or inflammable substance shall be subjected to any of the operations referred to in paragraph (a), (b) or (c) of subsection (4) of this section unless such plant, tank or vessel has been inspected and certified by a competent person —

(a)	to be free from any explosive or inflammable substance or from any fumes arising from any such substance, or that the substance or any fumes arising from it have been rendered non-explosive or non-inflammable; and
(b)	that it is safe for any such operations to be carried out.

(6) Any certificate issued by a competent person pursuant to subsection (5) of this section shall be kept available at all times for inspection by an inspector.”; and

(c)

by renumbering the existing subsection (5) thereof as subsection (7).

Repeal and re-enactment of section 44

13. Section 44 of the principal Act is hereby repealed and the following substituted therefor: —

“Prevention of fire

44.—(1) All practical steps shall be taken to keep sources of heat or ignition separate from inflammable materials or any process giving rise to any inflammable gas or vapour.

(2) In every factory there shall be provided and maintained, so as to be readily accessible, means of extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case.

(3) The means of extinguishing fire provided in accordance with subsection (2) of this section shall be tested at regular intervals by a competent person.”.

Repeal and re-enactment of section 49

14. Section 49 of the principal Act is hereby repealed and the following substituted therefor: —

“Notification of accidents and dangerous occurrences

49.—(1) Where —

(a)

an accident in a factory —

(i)	causes loss of life to a person employed in the factory; or
(ii)	disables any such person for more than three days from earning full wages at the work at which he was employed; or
(iii)	causes any injury to any such person which requires such person to be detained in a hospital for at least twenty-four hours for observation or treatment; or

(b)

a dangerous occurrence takes place in a factory,

written notice thereof in the form set out in the Ninth Schedule to this Act shall be sent forthwith to the Chief Inspector by the occupier of the factory.

(2) Where a person employed is involved in an accident or a dangerous occurrence and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, instead of the occupier of the factory, forthwith send a written notice thereof in the form set out in the Ninth Schedule to this Act to the Chief Inspector.

(3) Where an accident causing incapacity is notified under this section, and after notification thereof the person incapacitated dies, written notice of the death shall be sent to the Chief Inspector by the occupier of the factory or the employer of that person, as the case may be, as soon as the death comes to his knowledge.”.

New sections 49A, 49B and 49C

15. The principal Act is hereby amended by inserting immediately after section 49 thereof the following new sections: —

“Investigation into accidents and dangerous occurrences

49A.—(1) Upon receipt of information of an accident, the Chief Inspector may, if he thinks it necessary, instruct an inspector to visit the place where the accident has taken place to make a preliminary investigation of the circumstances and record in writing his findings upon such investigation.

(2) Upon receipt of information of a dangerous occurrence, an inspector shall visit the place where the dangerous occurrence has taken place and shall make a preliminary investigation of the circumstances and record in writing his findings upon such investigation.

Alteration or addition to machinery, equipment, etc.

49B.—(1) No alteration or addition shall, without the consent of the Chief Inspector, be made to any machinery, equipment, plant or article which may have contributed to cause an accident resulting in the death of any person or a dangerous occurrence, nor shall any alteration or addition be made without such consent to the site of the fatal accident or the dangerous occurrence, except that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life and property.

(2) It shall be presumed, unless it is proved to the contrary, that any alteration or addition as is referred to in subsection (1) of this section has been made by the occupier of the factory unless the occupier is not the employer of the injured or deceased person.

Minister may direct inquiry to be held into accident and dangerous occurrence

49C.—(1) If it appears desirable as a result of an investigation held under section 49A of this Act, the Chief Inspector shall furnish a full report of an accident or a dangerous occurrence to the Minister, and the Minister may, where he considers it expedient to do so, direct a Magistrate, with one or more assessors appointed by the Minister, to hold an inquiry into the accident or dangerous occurrence in a factory and of its causes and circumstances and the following provisions of this section shall have effect with respect to any such inquiry.

(2) The Magistrate and the assessors so appointed shall hold the inquiry in open court in such manner and under such conditions as they think most effectual for ascertaining the causes and circumstances of the accident or the dangerous occurrence, and for enabling them to make the report required by this section.

(3) The Magistrate and the assessors shall have for the purposes of the inquiry all the powers of a Magistrate’s Court when trying offences under this Act and all the powers of an inspector under this Act, and, in addition, power —

(a)	to enter and inspect any place or building, the entry or inspection of which appears to them requisite for the purposes of the inquiry;
(b)	by summons signed by the Magistrate to require attendance of all such persons as the Magistrate and the assessors think fit to call before them and examine and to require answers or returns to such inquiries as they think fit to make;
(c)	to require the production of all books, papers and documents which the Magistrate and the assessors consider important for the purposes of the inquiry; and
(d)	to administer oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.

(4) The Magistrate and the assessors shall make a report to the Minister stating the causes and circumstances of the accident or dangerous occurrence and its circumstances, and adding any observations which the Magistrate and the assessors think right to make, and if the Magistrate is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident or dangerous occurrence, he shall also forward to the Public Prosecutor a copy of the said report.

(5) Any person who without reasonable excuse (proof whereof shall lie on him) either fails to comply with any summons, order or requisition of the Magistrate, or prevents or impedes the Magistrate and the assessors in the execution of their duties shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.

(6) The Minister may cause the report of the Magistrate and the assessors to be made public at such time and in such manner as he thinks fit.

(7) The Chief Inspector may suspend the certificate of competency of any person pending an inquiry under this section and any criminal proceedings that may ensue, and for the period of suspension the person suspended shall deliver up his certificate of competency to the Chief Inspector and shall not take or be in control of any steam boiler; and any court, or, upon consideration of the finding of an inquiry under this section, the Minister, may suspend for such period as it or he (as the case may be) thinks fit, or cancel the certificate of competency of any person, and no person whose certificate of competency has been suspended or cancelled under this subsection shall take or be in control of any steam boiler during the period of the suspension or cancellation.”.

Amendment of section 54

16. Section 54 of the principal Act is hereby amended —

(a)

by deleting the word “workroom” appearing in the eighth and in the last lines of subsection (1) thereof and substituting therefor in each case the word “workplace”;

(b)

by deleting the words “working room” appearing in the third line of subsection (5) thereof and substituting therefor the word “workplace”;

(c)

by inserting immediately after subsection (4) thereof the following new subsection: —

“(5) The requirements of subsections (1) and (3) of this section shall not apply to any workplace where it is impracticable to comply with such requirements and where breathing apparatus is used by a person working thereat.”; and

(d)

by renumbering the existing subsection (5) thereof as subsection (6).

New section 54A

17. The principal Act is hereby amended by inserting immediately after section 54 thereof the following new section: —

“Poisonous substances

54A.—(1) Poisonous substances in a factory shall be placed under the control of a competent person who has adequate knowledge of the properties of the poisonous 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 poisonous substances shall be placed at all entrances to or adjoining the poisonous substances.

(3) Persons employed in a factory who are liable to be exposed to poisonous substances shall be warned of the hazards involved and of the safety measures to be observed.

(4) Labels easily understood by persons employed in the factory shall be affixed to containers of poisonous substances to warn them of the hazards involved.”.

Amendment of section 56

18. Section 56 of the principal Act is hereby amended —

(a)

by inserting immediately after subsection (5) thereof the following new subsection: —

“(6) Where persons have to work under water, underwater breathing apparatus, goggles and other necessary protective clothing and appliances shall be provided for their use.”; and

(b)

by renumbering the existing subsection (6) thereof as subsection (7).

Amendment of section 60

19. Section 60 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Every registered medical practitioner attending on or called in to visit a patient whom he believes to be suffering from any of the diseases named in the Sixth Schedule to this Act and contracted in a factory shall (unless such a notice has been previously sent) forthwith send to the Chief Inspector a notice in the form set out in the Tenth Schedule to this Act.”; and

(b)

by deleting the words “prescribed form” appearing in the third line of subsection (3) thereof and substituting therefor the words “form set out in the Eleventh Schedule to this Act”.

Amendment of section 61

20. Subsection (2) of section 61 of the principal Act is hereby amended —

(a)

by deleting the word “and” appearing at the end of paragraph (c) thereof;

(b)

by deleting the full-stop appearing at the end of paragraph (d) thereof and substituting therefor the expression “; and”; and

(c)

by inserting immediately after paragraph (d) thereof the following new paragraph: —

“(e)	prescribe the qualifications of persons who are employed at any machine or plant, or the training in work at the machine or plant to be received by such persons.”.

Amendment of section 66

21. Subsection (1) of section 66 of the principal Act is hereby amended by deleting the expression “paragraph (a) of this subsection” appearing in the eighth line of paragraph (b) thereof and substituting therefor the expression “section 45 of this Act”.

Amendment of section 68

22. Subsection (2) of section 68 of the principal Act is hereby amended by deleting paragraph (e) thereof and substituting therefor the following: —

“(e)

the provisions of section 21(1), subsections (1) and (2) of section 22, subsections (2), (3), (5), (7), (7A), (11) and (12) of section 33, subsections (1), (3), (4), (5), (5A), (6), (7) and (8) of section 34, subsections (4), (5) and (6) of section 35 and subsections (1), (2) and (3) of section 45 of this Act;”.

Amendment of section 72

23. Section 72 of the principal Act is hereby amended by inserting immediately after the word “occurrence” appearing in the second line of paragraph (c) of subsection (1) thereof the expression “, accident”.

Amendment of section 78

24. Section 78 of the principal Act is hereby amended —

(a)

by deleting the full-stop appearing at the end of paragraph (j) of subsection (1) thereof and substituting therefor a semi-colon and by inserting immediately thereafter the following new paragraphs: —

“(k)	to take into custody any article in the factory which is required for the purpose of an investigation or inquiry under this Act and to release the same as soon as may be practicable after it has been examined and tested;
(l)	to require any person whom he finds in the factory to produce his identity card for inspection for the purpose of an investigation or inquiry under this Act.”; and

(b)

by inserting immediately after the word “servants” appearing in the first line of subsection (2) thereof the words “and any person who is found in a factory”.

New section 78A

25. The principal Act is hereby amended by inserting immediately after section 78 thereof the following new section: —

“Power to take samples

78A.—(1) An inspector may, at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any substance required for the purposes of an investigation or inquiry under this Act or which is a substance in respect of which he suspects a contravention of the provisions of this Act, or which in his opinion is likely or may prove on analysis to be likely to cause bodily injury to the persons employed.

(2) The occupier or the foreman or other responsible person may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and —

(a)	to deliver one part to the occupier, or the foreman or other responsible person;
(b)	to retain one part for future comparison; and
(c)	to submit one part to a Government Chemist for analysis.

(3) A certificate purporting to be a certificate by the Government Chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

(4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.”.

Repeal and re-enactment of section 82

26. Section 82 of the principal Act is hereby repealed and the following substituted therefor: —

“Penalty for offences for which no express penalty is provided

82.—(1) Subject to the following provisions of this Part of this Act, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable —

(a)	if he is an employed person, to a fine not exceeding one thousand dollars; and
(b)	in any other case, to a fine not exceeding two thousand dollars,

and, if the contravention in respect of which he was so convicted is continued after the conviction, he shall (subject to the provisions of section 83 of this Act) be guilty of a further offence and shall be liable in respect thereof to a fine not exceeding one hundred dollars for each day on which the contravention was so continued.

(2) In relation to a contravention which was likely to cause the death of, or bodily injury to, any person, the person guilty of an offence shall be liable to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and, if the contravention in respect of which he was so convicted is continued after the conviction, he shall (subject to the provisions of section 83 of this Act) be guilty of a further offence and shall be liable in respect thereof to a fine not exceeding one thousand dollars for each day on which the contravention was so continued.”.

Repeal and re-enactment of sections 85 to 87

27. Sections 85 to 87 of the principal Act are hereby repealed and the following substituted therefor: —

“Penalty on person actually committing offence for which other person is liable

85. Where an act or default for which any person is liable under this Act is in fact the act or default of some other person then that other person shall be guilty of an offence and shall be liable on conviction to the like penalty as if he were the first-mentioned person.

Power of person primarily liable to exempt himself from liability

86.—(1) Where a person is charged with an offence under this Act, he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than three days’ notice in writing of his intention, to have any other person whom he charges as the actual offender (whether or not that person is his agent or servant) brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court —

(a)	that he has used all due diligence to enforce the execution of this Act and of any relevant regulation, rule or order made thereunder; and
(b)	that the said other person had committed the offence in question without his consent, connivance, or wilful default,

that other person shall be convicted of the offence and the first-mentioned person shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings.

(2) The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence.

(3) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence —

(a)	that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act and of any relevant regulation, rule or order made thereunder; and
(b)	by what person the offence has been committed; and
(c)	that it has been committed without the consent, connivance, or wilful default of the first-mentioned person and in contravention of his orders,

the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person.

(4) In determining for the purposes of the provisions of Part V with respect to prime movers, transmission machinery, and other machinery, whether any part of machinery is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced, no account shall be taken of any person approaching such part if it can be shown to the satisfaction of the court —

(a)	that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of this Act and of any relevant regulation, rule or order made thereunder;
(b)	that the approach was made without the consent, connivance or wilful default of the occupier or owner and in contravention of his orders; and
(c)	that the act of approaching was of such a nature as to amount to serious and wilful misconduct on the part of the person doing such act.

Proceedings against persons not primarily liable

87. Where, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which, for the purpose of any of those provisions, is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised (as the case may be) to be served on or taken in relation to the first-mentioned person.

Owner of machine liable in certain cases instead of occupier

87A. Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, the owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory.”.

Amendment of section 88

28. Subsection (1) of section 88 of the principal Act is hereby amended by deleting the words “six months” appearing at the end thereof and substituting therefor the words “one year”.

New section 88A

29. The principal Act is hereby amended by inserting immediately after section 88 thereof the following new section: —

“Power to compound offences

88A. The Chief Inspector may compound any offence under this Act by accepting from the person reasonably suspected of committing such offence a sum of money not exceeding two hundred dollars.”.

New Ninth, Tenth and Eleventh Schedules

30. The principal Act is hereby amended by inserting immediately after the Eighth Schedule thereto the following new Schedules: —

“NINTH SCHEDULE

Section 49(1).

Notice of Accident/dangerous Occurrence

(This notice shall be completed in triplicate by the occupier of a factory or the actual employer of the injured for each person injured in an accident/dangerous occurrence pursuant to section 49(1) of the Factories Act, 1973 and forwarded to the Chief Inspector of Factories, Ministry of Labour, Havelock Road, Singapore 1).

FOR OFFICIAL USE ONLY

Case No.

Date Recorded

File No.

Code No.

Factory Registration

I. PARTICULARS OF OCCUPIER

Name

Office Address

Factory Address

Type of Industry/Trade

II. PARTICULARS OF EMPLOYER (if different from occupier)

Name

Address

Type of Industry/Trade

Note:

The Chief Inspector of Factories must be informed of —

(a)

any accident in a factory which —

(i)	causes loss of life to a person employed in the factory; or
(ii)	disables any such person for more than three days from earning full wages at the work at which he was employed; or
(iii)	causes any injury to any such person which requires such person to be detained in a hospital for at least twenty-four hours for observation or treatment; or

(b)

any dangerous occurrence (defined in the Act) taking place in a factory.

III. PARTICULARS OF INJURED/DECEASED

Name

NRIC No.

Address¹

¹Address in Singapore.

Marital status

Age

Sex

Race

Occupation

Work Permit (if any) No.

Citizenship

Period employed by present occupier/employer prior to accident

Period employed in present type of occupation prior to accident

Time the Injured/Deceased started work on the day of accident

Expected period of absence

IV. PARTICULARS OF ACCIDENT/DANGEROUS OCCURRENCE

Date

Time

Place

Nature of Injury

Description of machine involved, if any

Description of Accident/Dangerous Occurrence

I hereby certify that the particulars given in this form and in the Appendix I are correct to the best of my knowledge.

Date .........................

........................................... Signature of Occupier/Employer

Tel. ..............................

FOR OFFICIAL USE ONLY

Note:—The person giving notice of an accident/dangerous occurrence should complete Appendix I by inserting a tick (√) in the appropriate boxes.

APPENDIX I

CLASSIFICATION OF ACCIDENT/DANGEROUS OCCURRENCE

I. NATURE OF INJURY

□ Abrasions

□ Concussions and internal injuries

□ Fracture

□ Amputation

□ Freezing

□ Asphyxia

□ Cuts

□ Laceration

□ Burns (Heat)

□ Dislocation

□ Multiple injuries

□ Burns (Chemical)

□ Effects of electric current

□ Poisoning

□ Bruises and contusions

□ Puncture wound

□ Effects of radiation

□ Sprains and strains

□ Others

II. PART OF BODY INJURED

Head and Neck

Upper Extremities

Body

Lower Extremities

□ Scalp

□ Shoulder

□ Back

□ Hips

□ Multiple locations

□ Skull

□ Upper arms

□ Chest

□ Thighs

□ Eyes

□ Abdomen

□ Legs

□ Ears

□ Elbow

□ Pelvis

□ Knee

□ Nose

□ Forearm

□ Groin

□ Ankle

□ Mouth

□ Wrist

□ Others

□ Feet

□ Teeth

□ Hand

□ Toes

□ Face

□ Palm

□ Others

□ Neck

□ Fingers

□ Others

III. TYPE OF ACCIDENT/DANGEROUS OCCURRENCE

□ Struck against objects

□ Contact with temperature extremes

□ Struck by sliding, falling, flying or other moving objects

□ Exposure to or contact with electric current

□ Caught in or between objects

□ Exposure to or contact with harmful substances or radiations

□ Fall or slip on same level

□ Inhalation, absorption, ingestion, poisoning

□ Fall to different level

□ Drowning

□ Overexertion

□ Others

IV. AGENCY OF ACCIDENT/DANGEROUS OCCURRENCE

□ Machines

□ Floors or level surfaces

□ Lifting equipment

□ Ladders

□ Transport equipment or vehicles

□ Scaffolds and stagings

□ Hand tools

□ Stairs or steps

□ Pressure vessels

□ Explosive or inflammable substances

□ Furnaces, ovens, kilns

□ Poisonous substances

□ Electrical equipment

□ Others

APPENDIX II

CAUSE OF ACCIDENT/DANGEROUS OCCURRENCE

I. HAZARDOUS CONDITION

□ Absence of guard rails

□ Absence of safety appliance

□ Absence of safety guard

□ Defective safety appliance

□ Inadequate guarding

□ Improper appliance or equipment

□ Ineffective safety guard

□ Ineffective protective equipment

□ Safety guard not properly adjusted

□ Improper clothing

□ Faulty electrical installation

□ Defective tools

□ Unsafe electrical appliance

□ Unsound structure

□ Faulty machinery

□ Improper illumination

□ Unsafe design or construction

□ Improper ventilation

□ Poor housekeeping

□ Unsafe place of work

□ Hazardous arrangement

□ Other hazardous condition

II. UNSAFE ACT

□ Improper use of protective equipment

□ Improper or unsafe lifting or carrying

□ Failure to use personal protective equipment

□ Unsafe climbing

□ Unsafe driving

□ Using improper or defective tools, equipment, vehicles or materials

□ Riding on loads, forklifts or other lifting equipment

□ Using tools, equipment, vehicles or materials unsafely

□ Taking an unsafe position

□ Tampering with machinery in motion

□ Making safety devices inoperative or unsafe

□ Operating without authority

□ Operating at unsafe speed

□ Tampering with equipment

□ Working under suspended load

□ By-passing safety devices

□ Horseplay

□ Wrong method of working or faulty operation

□ Carelessness or recklessness

□ Other unsafe act

□ Unsafe loading, placing or mixing

□ No unsafe act

III. CONTRIBUTING FACTORS

□ Lack of knowledge or skill

□ Lack of co-ordination

□ Disregard of instructions

□ No proper supervision

□ Act of person other than injured

□ Bodily defects

□ Foul play

□ Other contributing factors

□ Fatigue

TENTH SCHEDULE

Section 60(1).

Notice of Patient Suffering from Industrial Diseases

(This notice shall be completed by a registered medical practitioner attending on or called in to visit a patient whom he believes to be suffering from an industrial disease and forwarded to the Chief Inspector of Factories, Ministry of Labour, Havelock Road, Singapore 1).

Name of Patient

Age

Sex

Race

NRIC No.

Residential Address

Present Occupation

Name and Address of Employer

Diagnosis

If patient is deceased, state date of last attendance

Name of Doctor

LIST OF NOTIFIABLE INDUSTRIAL DISEASES: —

Name and Address of Hospital/Clinic

ANILINE POISONING

ANTHRAX

ARSENICAL POISONING

ASBESTOSIS

Tel. No.

Doctor’s Ref. No.

BERYLLIUM POISONING

BYSSINOSIS

CADMIUM POISONING

CARBON BISULPHIDE POISONING

CHROME ULCERATION

CHRONIC BENZENE POISONING

COMPRESSED AIR ILLNESS

EPITHELIOMATOUS ULCERATION (due to tar, pitch, bitumen, mineral oil or paraffin or any composed product or residue of any such substance)

INDUSTRIAL DERMATITIS

LEAD POISONING

MANGANESE POISONING

MERCURIAL POISONING

MESOTHELIOMA

NOISE INDUCED DEAFNESS

PHOSPHOROUS POISONING

SILICOSIS

Date

Signature of Doctor

TOXIC ANAEMIA

TOXIC JAUNDICE

ELEVENTH SCHEDULE

Section 60(3).

Notice of Patient Suffering from Industrial Diseases

(This notice shall be completed by the occupier of factory pursuant to section 60(3) of the Factories Act, 1973, and forwarded to the Chief Inspector of Factories, Ministry of Labour, Havelock Road, Singapore 1).

Name of Occupier

Office Address

Factory Address

Nature of Business

Particulars of patient who has contracted the industrial disease:

LIST OF NOTIFIABLE INDUSTRIAL DISEASES: —

ANILINE POISONING

Name

ANTHRAX

ARSENICAL POISONING

NRIC No.

ASBESTOSIS

Address

BERYLLIUM POISONING

BYSSINOSIS

CADMIUM POISONING

Sex

Age

CARBON BISULPHIDE POISONING

CHROME ULCERATION

Occupation

CHRONIC BENZENE POISONING

COMPRESSED AIR ILLNESS

EPITHELIOMATOUS ULCERATION

How long employed prior to the date of contracting the industrial disease

INDUSTRIAL DERMATITIS

LEAD POISONING

MANGANESE POISONING

Name of industrial disease diagnosed by the doctor

MERCURIAL POISONING

MESOTHELIOMA

NOISE INDUCED DEAFNESS

PHOSPHOROUS POISONING

Name of doctor who makes the diagnosis

SILICOSIS

TOXIC ANAEMIA

TOXIC JAUNDICE

Name and Address of Hospital/Clinic

Date

Signature of Occupier of Factory.

”.

Search within Legislation