Singapore legislation

Section 40C

of Workplace Safety and Health Act 2006

Section 40C

Use of approved codes of practice in criminal proceedings

Amended by10/2018

(1)

A person shall not be liable to any criminal proceedings by reason only that the person has failed to observe any approved code of practice.

(2)

In any proceedings for an offence under this Act, an approved code of practice that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence is admissible in evidence in the proceedings.

(3)

Without affecting any other method of proof, in any proceedings for an offence under this Act —

(a)

the production of a document purporting to be a copy of a notice published by the Council under section 40B(3)(a) is taken to be such a notice until the contrary is proved; and

(b)

the production of a code of practice, or an amendment or a revocation of a code of practice, purporting to be the subject of a notice under section 40B(3)(a) is taken to be the subject of that notice until the contrary is proved.

(4)

In determining for the purpose of any provision of this Act as to whether any machinery, equipment, plant, installation or article is of good construction, sound material, adequate strength or in accordance with the generally accepted principles of safe and sound practice, regard must be had any relevant Singapore Standards established and published by the Enterprise Singapore Board under the Enterprise Singapore Board Act 2018 or such other standards, codes of practice or guidance acceptable to the Council.

Amended by10/2018
Section 40C — Workplace Safety and Health Act 2006 | laws.sg