Workplace Safety and Health (Registration of Factories) Regulations 2008

No. S 501

Workplace Safety and Health Act

(Chapter 354A)

Workplace Safety and Health (Registration of Factories) Regulations 2008

In exercise of the powers conferred by section 65 of the Workplace Safety and Health Act, Mr Gan Kim Yong, Senior Minister of State, charged with the responsibility of the Minister for Manpower, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Workplace Safety and Health (Registration of Factories) Regulations 2008 and shall come into operation on 1st November 2008.

Definitions

2. In these Regulations, unless the context otherwise requires —

“occupier”, in relation to a factory in respect of which a notification has been submitted to the Commissioner under regulation 5, means the person who is named in the notification as the occupier of the factory;

“pharmaceutical product”, for the purpose of the First Schedule, means a medicinal product which is a substance used wholly or mainly for the purpose of treating or preventing disease, but does not include —

(a)	any traditional medicine;
(b)	any homoeopathic medicine;
(c)	any quasi-medicinal product;
(d)	any raw material which is used as an ingredient in the preparation or manufacture of any medicinal product; or
(e)	any medicated oil or balm;

“registered factory” means any premises which are registered as a factory under regulation 6.

Application

3. These Regulations shall not apply to —

(a)

any factory in which building operations (other than excavation or piling works) or works of engineering construction are being carried out for a period not exceeding 2 months; and

(b)

any premises where —

(i)

the number of persons at work within the premises is ordinarily less than 10 (whether or not they are all at work at those premises at the same time); and

(ii)

none of the following is used or created:

(A)	any mechanical power, steam boiler, steam container, steam receiver, air receiver, refrigerating plant pressure receiver or gas plant; and
(B)	any highly flammable or noxious substance.

4.—(1) The Commissioner shall cause a register of factories to be kept and maintained in such form as he may determine.

(2) The register of factories shall contain the building names (if any) and addresses of all factories registered under regulation 6 and such other particulars of such registered factories as the Commissioner may determine.

Duty to notify Commissioner of occupation or use of factory not falling within classes of factories described in First Schedule

5.—(1) Any person who desires to occupy or use any premises as a factory not falling within any of the classes of factories described in the First Schedule shall, before the commencement of operation of the factory, submit a notification to the Commissioner informing the Commissioner of his intention to occupy or use those premises as such a factory.

(2) The duty to notify the Commissioner under paragraph (1) shall apply whether the person referred to in that paragraph is the first person to occupy or use the premises as such a factory or is taking over the occupation or use of those premises as such a factory from another person.

(3) The notification referred to in paragraph (1) shall —

(a)	be submitted to the Commissioner in such form and manner as the Commissioner may require; and
(b)	be accompanied by such particulars, information, statements and documents as the Commissioner may require.

(4) The occupier of a factory in respect of which a notification has been submitted to the Commissioner under paragraph (1) shall —

(a)	where any change takes place in any of the particulars of the factory which have been notified to the Commissioner, furnish particulars of the change to the Commissioner in such form and manner as the Commissioner may require, not later than 14 days of the change taking place;
(b)	if he intends to cease his occupation or use of the factory, notify the Commissioner thereof in such form and manner as the Commissioner may require, not less than 14 days before so ceasing; and
(c)	where any change is to be made to the type of work carried out in the factory, inform the Commissioner of the proposed change in writing and provide the Commissioner with the relevant documents pertaining to the change and such other information as the Commissioner may require, not less than one month before the change is made.

(5) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(6) Any person who contravenes paragraph (4)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(7) Any person who contravenes paragraph (4)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

Registration of factories falling within classes of factories described in First Schedule

6.—(1) Any person who desires to occupy or use any premises as a factory falling within any of the classes of factories described in the First Schedule shall apply to the Commissioner to register the premises as a factory.

(2) An application under paragraph (1) to register any premises as a factory shall —

(a)	be in such form and manner as the Commissioner may require;
(b)	be accompanied by such particulars, information, statements and documents as the Commissioner may require; and
(c)	be made at least one month before the factory starts operation.

(3) On receipt of an application under paragraph (1), the Commissioner may —

(a)

register the premises as a factory, subject to such conditions as the Commissioner thinks fit, and enter in the register of factories such other relevant particulars pertaining to the applicant or the factory as the Commissioner thinks fit, and on payment of the fee specified in the Second Schedule, issue to the applicant a certificate of registration subject to such conditions as the Commissioner may think fit to impose; or

(b)

refuse to register the premises.

(4) Where the Commissioner refuses to register the premises in respect of which an application under paragraph (1) has been made, he shall give the applicant notice in writing of the reasons for his refusal.

(5) A certificate of registration shall be valid for a period of one year, or for such other period as the Commissioner may determine, unless it is earlier revoked in accordance with these Regulations.

(6) A certificate of registration may, on payment of the renewal fee specified in the Second Schedule, be renewed by the Commissioner for such period as the Commissioner may determine, from the date immediately following that on which, but for its renewal, the certificate of registration would have expired.

(7) Where a certificate of registration is revoked under regulation 9 or expires, the premises to which the certificate of registration relates shall immediately cease to be registered as a factory under these Regulations.

(8) Where a certificate of registration is suspended under regulation 9, the premises to which the certificate of registration relates shall, during the period of suspension, cease to be registered as a factory under these Regulations.

Power to require registration of factory in certain circumstances

7.—(1) Notwithstanding regulation 5 or 6 but subject to paragraph (2), where the Commissioner is satisfied that —

(a)	any factory in respect of which a notification has been submitted under regulation 5 or any machinery, equipment, plant or article being used therein is in such condition; or
(b)	any process or work is being carried on in that factory in such a manner,

as to pose or be likely to pose a risk to the safety, health and welfare of persons at work in the factory, the Commissioner may, by notice in writing to the occupier of the factory concerned —

(i)	specify a date as from which the notification that has been submitted in respect of that factory under regulation 5 shall cease to be valid; and
(ii)	direct the occupier of that factory, within such time as may be specified in the notice, to apply to the Commissioner to register the factory notwithstanding that the factory does not fall within any of the classes of factories described in the First Schedule.

(2) The Commissioner shall not exercise his powers under paragraph (1)(i) and (ii) unless he has given the occupier of the factory concerned an opportunity to show cause as to why he should not be required to register his factory.

(3) Regulation 6(2)(a) and (b) and (3) to (8) shall apply to an application to register a factory made pursuant to paragraph (1)(ii).

(4) Where any notification under regulation 5 in respect of a factory ceases to be valid by virtue of paragraph (1)(i) and the occupier of the factory continues to occupy or use that factory when it is not registered pursuant to paragraph (1)(ii), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Change in relation to occupation, use or particulars of factory

8.—(1) The occupier of a registered factory shall —

(a)	where any change takes place in any of the particulars of the registered factory as entered in the register of factories by the Commissioner under regulation 6(3)(a), furnish particulars of the change to the Commissioner in such form and manner as the Commissioner may require, not later than 14 days of the change taking place;
(b)	if he intends to cease his occupation or use of the registered factory, notify the Commissioner thereof in such form and manner as the Commissioner may require, not less than 14 days before so ceasing; and
(c)	where any change is to be made to the type of work for which the factory is registered, inform the Commissioner of the proposed change in writing and provide the Commissioner with the relevant documents pertaining to the change and such other information as the Commissioner may require, not less than one month before the change is made.

(2) Any person who contravenes paragraph (1)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(3) Any person who contravenes paragraph (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

Revocation and suspension of registration

9.—(1) If any registered factory becomes unfit for occupation or use as a factory by reason of —

(a)	any change in the type of the work for which the factory is registered;
(b)	any structural change to the premises of the registered factory or any change in the layout of the premises; or
(c)	any fact or circumstance not present when the factory was registered,

the Commissioner may, by notice in writing, direct the occupier of the registered factory to comply with such requirements as may be specified in the notice.

(2) Where the occupier of the registered factory to whom any notice under paragraph (1) is given fails to comply with the notice, the Commissioner may —

(a)	suspend the certificate of registration of the factory for such period as he thinks fit; or
(b)	revoke the certificate of registration of the factory.

(3) Where the Commissioner is satisfied that there has been a contravention of any condition of a certificate of registration, he may —

(a)	suspend the certificate of registration of the factory for such period as he thinks fit; or
(b)	revoke the certificate of registration of the factory.

(4) The Commissioner shall, before suspending or revoking any certificate of registration of a factory, give to the occupier of the registered factory —

(a)	notice of his intention to suspend or revoke the certificate of registration; and
(b)	a reasonable opportunity to submit reasons as to why the certificate of registration should not be suspended or revoked.

(5) Where the Commissioner has, pursuant to this regulation, suspended or revoked the certificate of registration of a factory, he shall give notice in writing of the suspension or revocation to the occupier of the factory.

(6) The suspension or revocation of the certificate of registration of a factory shall not take effect until the expiration of 21 days from the date on which the Commissioner’s decision to suspend or revoke the certificate of registration was communicated to the occupier of the factory or, where an appeal against the decision is made to the Minister under regulation 10, until the appeal has been determined or withdrawn.

(7) Where the certificate of registration of a factory has been suspended or revoked, the occupier of the factory shall surrender the certificate of registration to the Commissioner within such time as the Commissioner may specify.

(8) Any person who contravenes paragraph (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(9) The Commissioner may at any time, and for such reason as he considers sufficient, reduce the period for which a certificate of registration has been suspended.

Appeals to Minister

10.—(1) Any applicant who is aggrieved by the Commissioner’s refusal —

(a)	to register any premises as a factory; or
(b)	to renew the registration of any premises as a factory,

may, within 21 days after the date he is notified of the refusal, appeal in writing to the Minister against the refusal in such form and manner as the Commissioner may determine.

(2) Any occupier of a registered factory who is aggrieved by the Commissioner’s decision to suspend or revoke the certificate of registration of that factory may, within 21 days after the date he is notified of the suspension or revocation, appeal in writing to the Minister against the decision in such form and manner as the Commissioner may determine.

(3) Any occupier of a factory who is aggrieved by any direction of the Commissioner under regulation 7(1)(ii) or 9(1) may, within 7 days after the date he receives the notice containing the direction, appeal to the Minister in writing against the direction in such form and manner as the Commissioner may determine.

(4) Where an appeal is lodged under paragraph (1)(b), the registration of the factory concerned shall continue to remain in force until the appeal has been determined or withdrawn, as the case may be.

(5) Where an appeal is lodged under paragraph (3), the direction appealed against shall not take effect until the appeal has been determined or withdrawn, as the case may be.

(6) The Minister may determine an appeal under this regulation by confirming the refusal, decision or direction of the Commissioner or substituting that refusal, decision or direction with his decision in the appeal.

(7) The decision of the Minister in any appeal under this regulation shall be final.

Power to waive or refund fees

11. The Commissioner may, as he thinks fit, waive or refund the whole or any part of the fees that are payable or that have been paid under these Regulations.

Revocation

12. The Workplace Safety and Health (Registration of Factories) Regulations (Cap. 354A, Rg 2) are revoked.

Savings and transitional provisions

13.—(1) Notwithstanding the revocation of the Workplace Safety and Health (Registration of Factories) Regulations, the Commissioner may, as he thinks fit, waive or refund the whole or any part of the fees that have been paid under the revoked Regulations.

(2) Notwithstanding the revocation of the Workplace Safety and Health (Registration of Factories) Regulations, any certificate of registration or factory permit issued under the revoked Regulations which is valid immediately before 1st November 2008 shall —

(a)

if it was issued in respect of a factory not falling within any of the classes of factories described in the First Schedule, be deemed to be a notification made under regulation 5 in respect of that factory; and

(b)

if it was issued in respect of a factory falling within any of the classes of factories described in the First Schedule —

(i)	continue remain in force until the date on which it would have expired if these Regulations had not been made; and
(ii)	be deemed to be a certificate of registration issued under regulation 6 in respect of that factory.

Made this 6th day of October 2008.

LEO YIP

Permanent Secretary,
Ministry of Manpower,
Singapore.

[C010-48-00001; AG/LEG/SL/354A/2006/10 Vol. 1]

(To be presented to Parliament under section 65(8) of the Workplace Safety and Health Act).

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