Singapore legislation

Clause 5

Meanings of “workplace” and “factory”

(1)

In this Act, “workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works, and includes a factory.

(2)

Subject to this section, “factory” means any premises within which —

(a)

persons are employed in any process for or incidental to any of the following purposes:

(i)

the making of any article or part of any article;

(ii)

the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of any article; or

(iii)

the adapting for sale of any article; and

(b)

any work referred to in paragraph (a) is carried out by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control.

(3)

The following premises within which persons are employed are deemed to be factories:

(a)

any yard (including any dock, wharf, jetty, quay and the precincts thereof) where the construction, reconstruction, repair, refitting, finishing or breaking up of ships is carried out, including the waters adjacent to any such yard where the construction, reconstruction, repair, refitting, finishing or breaking up of ships is carried out by or on behalf of the occupier of that yard;

(b)

any premises where the sorting of articles is carried on as a preliminary to the work carried on in any other factory, or incidentally to the purposes of any other factory, whether that other factory is situated within or outside Singapore;

(c)

any premises where the washing or filling of bottles or containers or packing of articles is carried on incidentally to the purposes of any other factory, whether that other factory is situated within or outside Singapore;

(d)

any premises in which the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried out;

(e)

any laundry ancillary to another business or incidental to the purposes of any public institution;

(f)

any premises where the construction, reconstruction or repair of locomotives, aircraft, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purpose of housing locomotives, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;

(g)

any premises where the printing by letter press, offset, lithography, photogravure, rotogravure, or other similar process, or the binding of such printed materials is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;

(h)

any premises where the making, adaptation or repair of dresses, scenery or props is carried on incidentally to the production of films, tapes or discs for public broadcast or screening or to the presentation of theatrical performances by way of trade or for purposes of gain, but not a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made;

(i)

any premises where the business of making or mending nets is carried on incidentally to the fishing industry;

(j)

any premises where mechanical power is used in connection with the making or repair of any article incidentally to any business carried on by way of trade or for purposes of gain;

(k)

any premises where the production of cinematograph films is carried on by way of trade or for purposes of gain, but not a stage or a dressing-room of any actor in or connected with the production of any cinematograph film;

(l)

any premises where articles are made or prepared incidentally to the carrying on of any building operations or any works of engineering construction, not being premises in which such operations or works are being carried on;

(m)

any premises which are used for the storage of gas, including liquefied gas, in a container having a storage capacity of not less than 140 cubic metres;

(n)

any premises where work is carried out for or in connection with the generating of electrical energy for supply by way of trade or for purposes of gain;

(o)

any premises where mechanical power is used for the purposes of or in connection with a water supply;

(p)

any sewage works where mechanical power is used and any pumping station used in connection therewith;

(q)

any premises where building operations or any work of engineering construction are carried on;

(r)

any premises where mechanical power is used in connection with the sorting, packing, handling or storing of articles carried on by way of trade or for purposes of gain or incidentally to another business so carried on; and

(s)

any premises which are used for the bulk storage of toxic or flammable liquid (excluding liquefied gas) in a container, not being an underground container, that has a storage capacity of not less than 5,000 cubic metres.

(4)

Where any person carries on any work referred to in subsection (2) or (3) in a workplace with the express or implied permission of, or under any agreement with, the occupier of the workplace, then, notwithstanding that the person is not an employee of the occupier of the workplace —

(a)

the workplace shall be treated as a factory for the purposes of this Act; and

(b)

the provisions of this Act relating to the duty of an occupier shall apply to the occupier of the workplace as if he were the occupier of a factory.

(5)

Notwithstanding subsection (2), where any place situated within a factory is solely used for some purpose other than any of the processes carried on in the factory —

(a)

the place shall not be treated as forming part of the factory for the purposes of this Act; but(b)the place shall, if it would otherwise be a factory, be treated as a separate factory for the purposes of this Act.

(6)

A part of a factory may, with the approval in writing of the Commissioner, be treated as a separate factory for the purposes of this Act.

(7)

Two or more factories may, with the approval in writing of the Commissioner, be treated as a single factory for the purposes of this Act.

(8)

For the avoidance of doubt, no premises shall be excluded from the definition of a “factory” by reason only that they are open air premises.

(9)

Any premises in which work is carried on by or on behalf of the Government or any statutory board or body shall not be excluded from the definition of a “factory” by reason only that the work carried on at the premises is not carried on by way of trade or for purposes of gain.

Read in full context — Workplace Safety and Health Bill →