5. In the Workplace Safety and Health (Construction) Regulations 2007 (G.N. No. S 663/2007) —(a) | in regulation 6, replace paragraph (4) with —“(4) An occupier of a worksite who, without reasonable excuse, contravenes paragraph (2) or (3) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; or | (b) | if the occupier of the worksite is a repeat offender, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. |
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(5) In paragraph (4), “repeat offender”, in relation to an offence, means an occupier of a worksite who — (a) | is convicted, or found guilty, of an offence specified in the first column of the following table (called the current offence); and | (b) | has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of that table, on at least one other earlier occasion within the period of 5 years immediately before the date on which the occupier of the worksite is convicted, or found guilty, of the current offence. | | 1. | Offence under paragraph (4) for contravening paragraph (2) |
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| (a) | the current offence in this item (other than a continuing offence); or |
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(b) | an offence under paragraph (4) as in force immediately before 1 June 2024 for contravening paragraph (2) (other than a continuing offence) |
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| 2. | Offence under paragraph (4) for contravening paragraph (3) |
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| (a) | the current offence in this item (other than a continuing offence); or |
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(b) | an offence under paragraph (4) as in force immediately before 1 June 2024 for contravening paragraph (3) (other than a continuing offence) |
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| (b) | in regulation 7, delete paragraph (2); | (c) | in regulation 12, replace paragraph (1) with —“(1) Subject to paragraph (2), a person must not carry out any high‑risk construction work in a worksite without a permit‑to‑work first issued by the project manager of the worksite in respect of that high‑risk construction work.”; |
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| (d) | in regulation 28, delete paragraph (7); | (e) | in regulation 77, delete paragraph (14); | (f) | in regulation 98, delete paragraph (5); | (g) | in regulation 101, delete paragraph (3); | (h) | in regulation 104, delete paragraph (2); | (i) | in regulation 108, replace paragraph (4) with —“(4) A person must not wilfully obstruct, delay or refuse to carry out any instruction given by a man‑lock attendant in the course of the attendant’s employment in a worksite.”; |
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| (j) | replace regulation 141 with —141.—(1) A person who, without reasonable excuse, contravenes —(a) | regulation 5, 13, 14(2), 15(2), 16, 62 or 90(2); | (b) | regulation 63(1) by not complying with regulation 63(4); | (c) | regulation 68(1) by not complying with regulation 68(5); or | (d) | regulation 91 by not complying with regulation 101(1), 106(2), 109(2), 110(2), 112(2) or 113(1) or (2), |
shall be guilty of an offence and shall be liable conviction — |
(e) | to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or | (f) | if the person is a repeat offender, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. |
(2) A person who, without reasonable excuse, contravenes regulation 7(1), 28(3), 77(13), 104(1) or 108(4) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $10,000; or | (b) | if the person is a repeat offender, to a fine not exceeding $20,000. |
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(3) A person who, without reasonable excuse, contravenes —(a) | regulation 9(1) or (2), 11(1) or (3), 12(1), 14(1) or (3), 15(3), 17(1) or (2), 18(1), 20(1) or (4), 21, 24, 25, 26, 27, 28(1), (2), (4) or (5), 29(1), (2) or (3), 30, 32, 33(1), 34(1), 35(1) or (5), 36(1) or (2), 37, 38, 39, 40, 41, 42, 46(2), (3), (4) or (7), 47(1), 48, 49(1) or (2), 50, 51, 52(1) or (2), 53, 54, 55(1), 56(1), (2) or (3), 57, 60(1), 61, 64(1) or (2), 65(1) or (6), 66(1), 67, 69, 77(1), 78(1) or (2), 79, 80, 88, 89(1), (2) or (3), 90(1) or (3), 109(3), 111(3), 114, 115, 119, 120(1), 121, 122(1), 123, 124, 125(1), 127(3) or (4), 128, 129(1), (2) or (3), 130(1) or (2), 131, 132(1) or (6), 133(1), 134(1) or (2), 135(1), 136, 137(1) or (2), 138, 139 or 140(1) or (2); | (b) | regulation 63(1) by not complying with regulation 63(2), (3) or (5); | (c) | regulation 68(1) by not complying with regulation 68(2), (3), (4) or (6); or | (d) | regulation 91 by not complying with regulation 92, 93(1) or (2), 94(1), 95(1) or (2), 96(1), (2), (3), (4), (5), (6), (7), (8), (9) or (10), 97(1), (2) or (3), 98(1), (2) or (3), 99, 100(1), (2), (3), (4) or (5), 102(1), (2), (3), (4), (5) or (6), 103(1), 105(1), (2), (3), (4), (5), (6) or (7), 106(1), (3) or (4), 107(1), (2), (3) or (4), 108(1), (2) or (3), 109(1), 110(1), 111(1) or (2) or 112(1), |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. |
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(4) A person who, without reasonable excuse, contravenes regulation 98(4) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $5,000; or | (b) | if the person is a repeat offender, to a fine not exceeding $10,000. |
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(5) A person who, without reasonable excuse, contravenes regulation 101(2) shall be guilty of an offence and shall be liable on conviction —(a) | to a fine not exceeding $1,000; or | (b) | if the person is a repeat offender, to a fine not exceeding $2,000. |
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(6) In this regulation, “repeat offender”, in relation to an offence, means a person who —(a) | is convicted, or found guilty, of an offence specified in the first column of Part 1, 2, 3 or 4 of the Schedule (called the current offence); and | (b) | has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of Part 1, 2, 3 or 4 of that Schedule (as the case may be), on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted, or found guilty, of the current offence.”; and |
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| (k) | after regulation 142, insert —CURRENT OFFENCE AND CORRESPONDING PREVIOUS OFFENCE |
OFFENCE UNDER REGULATION 141(1) |
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| | 1. | Offence for contravening regulation 5 |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 5 |
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| 2. | Offence for contravening regulation 13 |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 13 |
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| 3. | Offence for contravening regulation 14(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 14(2) |
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| 4. | Offence for contravening regulation 15(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 15(2) |
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| 5. | Offence for contravening regulation 16 |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 16 |
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| 6. | Offence for contravening regulation 62 |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 62 |
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| 7. | Offence for contravening regulation 90(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 90(2) |
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| 8. | Offence for contravening regulation 63(1) by not complying with regulation 63(4) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 63(1) by not complying with regulation 63(4) |
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| 9. | Offence for contravening regulation 68(1) by not complying with regulation 68(5) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 68(1) by not complying with regulation 68(5) |
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| 10. | Offence for contravening regulation 91 by not complying with regulation 101(1) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 91 by not complying with regulation 101(1) |
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| 11. | Offence for contravening regulation 91 by not complying with regulation 106(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 91 by not complying with regulation 106(2) |
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| 12. | Offence for contravening regulation 91 by not complying with regulation 109(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 91 by not complying with regulation 109(2) |
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| 13. | Offence for contravening regulation 91 by not complying with regulation 110(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 91 by not complying with regulation 110(2) |
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| 14. | Offence for contravening regulation 91 by not complying with regulation 112(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 91 by not complying with regulation 112(2) |
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| 15. | Offence for contravening regulation 91 by not complying with regulation 113(1) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 91 by not complying with regulation 113(1) |
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| 16. | Offence for contravening regulation 91 by not complying with regulation 113(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 141 as in force immediately before 1 June 2024 for contravening regulation 91 by not complying with regulation 113(2) |
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OFFENCE UNDER REGULATION 141(2) |
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| | 1. | Offence for contravening regulation 7(1) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 7(2) as in force immediately before 1 June 2024 |
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| 2. | Offence for contravening regulation 28(3) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 28(7) as in force immediately before 1 June 2024 |
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| 3. | Offence for contravening regulation 77(13) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 77(14) as in force immediately before 1 June 2024 |
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| 4. | Offence for contravening regulation 104(1) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 104(2) as in force immediately before 1 June 2024 |
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| 5. | Offence for contravening regulation 108(4) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 108(4) as in force immediately before 1 June 2024 |
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OFFENCE UNDER REGULATION 141(4) |
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| | 1. | Offence for contravening regulation 98(4) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 98(5) as in force immediately before 1 June 2024 |
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OFFENCE UNDER REGULATION 141(5) |
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| | 1. | Offence for contravening regulation 101(2) |
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| (a) | the current offence in this item; or |
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(b) | an offence under regulation 101(3) as in force immediately before 1 June 2024 |
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