Singapore legislation
Section 16
Section 16
Duties of manufacturers and suppliers of machinery, equipment or hazardous substances used at work
(1)
Subject to this section, it is the duty of any person who manufactures or supplies any machinery, equipment or hazardous substance for use at work to ensure, so far as is reasonably practicable —
that the following information about the safe use of the machinery, equipment or hazardous substance is available to any person to whom the machinery, equipment or hazardous substance is supplied for use at work:
the precautions (if any) to be taken for the proper use and maintenance of the machinery, equipment or hazardous substance;
the health hazards (if any) associated with the machinery, equipment or hazardous substance; and
the information relating to and the results of any examinations or tests of the machinery, equipment or hazardous substance under paragraph (c) that are relevant to its safe use;
that the machinery, equipment or hazardous substance is safe, and without risk to health, when properly used;
that the machinery, equipment or hazardous substance is examined and tested so as to comply with the obligation imposed by paragraph (b).
(2)
The duties imposed on any person specified in subsection (1) —
apply only if the machinery, equipment or hazardous substance is manufactured or supplied in the course of trade, business, profession or undertaking carried on by the person, whether for profit or not;
apply whether or not the machinery, equipment or hazardous substance is exclusively manufactured or supplied for use by persons at work; and
extend to the supply of the machinery, equipment or hazardous substance by way of sale, transfer, lease or hire and whether as principal or agent, and to the supply of the machinery, equipment or hazardous substance to a person for the purpose of supply to others.
(3)
The duties imposed on any person specified in subsection (1) do not apply to a person by reason only that the person supplies the machinery or equipment under a hire-purchase agreement, conditional sale agreement or credit-sale agreement to another (called in this section the customer) in the course of a business of financing the acquisition of the machinery or equipment by the customer from others.
(4)
Where a person (called in this subsection the ostensible supplier) supplies any machinery or equipment for use at work to a customer under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier —
carries on the business of financing the acquisition of goods by others by means of such agreements; and
in the course of that business acquired an interest in the machinery or equipment supplied to the customer as a means of financing its acquisition by the customer from a third person (called in this subsection the effective supplier),the effective supplier is treated for the purposes of this section as supplying the machinery or equipment to the customer instead of the ostensible supplier, and any duty imposed by subsection (1) on a supplier accordingly applies to the effective supplier, and not to the ostensible supplier.
(5)
Where a person designs, manufactures or supplies any machinery, equipment or hazardous substance for use at work and does so for or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the machinery, equipment or hazardous substance will be safe and without risk to health when properly used, the undertaking has the effect of relieving the firstmentioned person from the duty imposed by subsection (1)(b) to such extent as is reasonable having regard to the terms of the undertaking.
(6)
Any person required under subsection (1)(c) to ensure that any machinery, equipment or hazardous substance is examined and tested so as to comply with the obligation imposed by subsection (1)(b) is regarded as having complied with subsection (1)(c) to the extent that —
the examination or test has already been carried out otherwise than by, or on behalf of, the person; and
it is reasonable for the person to rely on that examination or test.
(7)
For the purposes of this section, an absence of safety, or a risk to health, is to be disregarded insofar as the case in or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen.
(8)
In this section, “supplier”, in relation to any machinery, equipment or hazardous substance, does not include a manufacturer of those items when supplying, but includes an importer when supplying those items.
(9)
This section applies only to machinery, equipment or hazardous substances specified in the Fifth Schedule.