Section 7

In this Act, unless the context otherwise requires —

“air receiver” means —

“approved person” means any person (whether an officer of the Government or not) who is approved by the Chief Inspector by a certificate in writing for the purposes of carrying out examinations and tests of hoists and lifts, lifting gear, or lifting appliances and lifting machines, as the case may be, in accordance with and for the purposes of sections 29, 30 and 31 respectively;

“article” includes any solid, liquid or gas, or any combination thereof;

“authorised boiler inspector” means any person (whether an officer of the Government or not) who is approved by the Chief Inspector, by notification in the Gazette, for the purpose of carrying out examinations and tests of steam boilers, steam receivers, cast-iron underfired vulcanisers, air receivers or refrigerating plant pressure receivers, as the case may be, in accordance with and for the purposes of sections 36, 37, 38, 39 and 40 respectively;

“bodily injury” includes injury to health;

“building operation” means the construction, structural alteration, repair or maintenance of a building (including repointing, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act;

“cast-iron underfired vulcaniser” or “vulcaniser” means either a segment or a multisegment vulcaniser in which steam is generated by means of an external fire;

“certificated steam boiler attendant” means a person possessing such qualification and holding such certificates of competency as may be prescribed who is duly notified to an authorised boiler inspector as being in control of a particular boiler;

“Chief Inspector” means the Chief Inspector appointed under this Act and any other inspector authorised to act on his behalf by the Commissioner;

“class or description”, in relation to factories, includes a group of factories described by reference to locality;

“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act [Cap. 91];

“contravention” includes, in relation to any provision, a failure to comply with that provision, and “contravene” shall be construed accordingly;

“dangerous occurrence” means any occurrence in any of the classes listed in the Fourth Schedule;

“driving-belt” includes any driving strap, chain or rope;

“electrical equipment” means any machine, appliance, apparatus or lighting fitting which consumes or utilises electricity in its operation or use and includes any cable, wire and other device necessary to enable it to be connected to a source of electricity supply;

“electrical installation” means any cable, wire, fitting, accessory, apparatus or other device used for or for purposes incidental to the conveyance, control or use of electricity;

“fume” includes gas or vapour;

“industrial hygienist” means an industrial hygienist in the employ of the Government;

“inspector” means an inspector appointed under this Act and includes the Chief Inspector, Deputy Chief Inspector and Senior Inspector;

“lifting appliance” includes a pulley block, gin wheel, chain block or set of chain blocks;

“lifting gear” includes chains, ropes, chain slings, rope slings, rings, hooks, shackles, swivels or eyebolts;

“lifting machine” includes a crane, crab, winch, teagle, runway, transporter, piling frame and any suspended scaffold capable of being raised or lowered by climbers or winches;

“machinery” includes all oil engines, gas engines, steam engines, and any other machines in which mechanical movement, either linear or rotated or both, takes place, steam boilers, gas cylinders, air receivers, steam receivers, steam containers, cast-iron underfired vulcanisers, refrigerating plant pressure receivers, all appliances for transmission of power by ropes, belts, chains, driving straps or bands or gearing, electrical generators and electrical motors; but does not include any machinery used for the propulsion of vehicles or office machines;

“maintained” means maintained in an efficient state, in efficient working order and in good repair;

“Malayan Railway” means the railway administered by the government of Malaysia;

“maximum permissible working pressure” means, in the case of a new steam boiler, that specified in the certificate referred to in section 36(13) and, in the case of a steam boiler which has been examined in accordance with section 36, that specified in the report of the last examination;

“occupier”, in relation to a factory, means a person who occupies or uses premises as a factory;

“owner” means the person for the time being receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person or who would so receive the rents or profits if the premises were leased;

“prescribed” means prescribed by the Minister by order or by regulations made under this Act;

“pressure vessel” means any container or vessel used for containing any substance under pressure and includes any steam boiler, steam receiver, steam container, cast-iron underfired vulcaniser, air receiver, refrigerating plant pressure receiver and gas cylinder;

“prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

“process” includes the use of any locomotive;

“refrigerating plant pressure receiver” means any vessel which contains refrigerant under pressure;

“safe working load” means —

“safe working pressure” means, in the case of a new steam receiver or air receiver or refrigerating plant pressure receiver, that pressure specified in the certificate referred to in section 37(7), 39(7) or 40(1) and, in the case of a steam receiver or air receiver or refrigerating plant pressure receiver which has been examined in accordance with section 37, 39 or 40, that pressure specified in the report of the last examination;

“sanitary conveniences” includes urinals, water-closets, earth-closets, privies, ashpits and any similar convenience;

“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;

“steam boiler” means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any such vessel, and any superheater used for heating steam;

“steam container” means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure, or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or similar purpose;

“steam receiver” means any vessel or apparatus (other than a steam boiler, steam container, steam pipe or coil or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;

“transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

“work of engineering construction” means the construction of any railway line or siding, and the construction, structural alteration or repair (including repointing and repainting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewerage works or gas-holder, and shall include such other works as may be specified by the Minister by order published in the Gazette.

For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed before 1st June 1960, or the making of the regulations or rules under this Act, and a factory or building shall be deemed to have been constructed, reconstructed, extended, added to or converted for use as a factory before the commencement of this Act, if the construction, reconstruction, extension, addition or conversion was begun before 1st June 1960, or the making of the regulations or rules under this Act, as the case may be.

For the purposes of this Act, mechanical power shall not be deemed to be used in a factory by reason only that mechanical power is used for the purpose of heating, ventilating, cooling, airconditioning or lighting the workrooms or other parts of the factory.

For the purposes of this Act, an apprentice shall be deemed to be a person employed.