Clause 35

The Factories Act is amended by inserting, immediately after the Eleventh Schedule, the following Schedules:“TWELFTH SCHEDULESection 47A(1)Work Requiring Implementation of Safe Work Procedures

1. Work on any machinery where the fencing has been removed for the purposes of any examination, lubrication or other operation referred to in section 23(1).

2. Work at a place where a person is liable to fall a distance of more than 3 metres or into any substance that is likely to cause drowning, poisoning, chemical burns or asphyxiation.

3. Work in any confined space.

4. Work involving the application of heat, or the potential generation of any source of ignition, where any explosive or flammable substance is liable to be present.

5. Maintenance or repair work on any pressure vessel or lifting equipment.

6. Work on any process, plant, vessel or machinery that is liable to produce or give off any corrosive, toxic or flammable substance.

7. Work in compressed air environment or under water. THIRTEENTH SCHEDULESection 71B(3)Elements of Safety Management System

1. Safety policy, including the allocation and delegation of responsibility for safety.

2. Safe work practices.

3. Safety training.

4. Group meetings.

5. Incident investigation and analysis.

6. In-house safety rules and regulations.

7. Safety promotion.

8. A system for the evaluation, selection and control of contractors. 9. Safety inspections.

10. A maintenance regime.

11. Hazard analysis.

12. Control of movement and use of hazardous chemicals.

13. Occupational health programmes.

14. Emergency preparedness.FOURTEENTH SCHEDULESection 89(6)Offences to Which Enhanced Penalties ApplyLegislation Classes of OffencesFactories Act Factories (Building Operations and Works of Engineering Construction) Regulations (Rg 8)Factories (Shipbuilding and Ship-repairing) Regulations (Rg 11) CLASS I — Offences relating to risk of fire and explosionSections 35(1), (4) and (5), 44(6) and 46(1). Regulations 15 (8), 25 and 53(2).CLASS II — Offences relating to permit-to-work Regulations 35, 39(1), 47 and 48.CLASS III — Offences relating to electrical hazardsSection 20.Regulation 16 (7), (9) and (10).Regulations 24(5), 57(1) and 58.CLASS IV — Offences relating to risk of person falling due to failure to provide barricadeSections 29(3) and 33(2), (7) and (11).Regulations 6, 88(1) and 132(8).Regulations 9 and 93(1)(a).CLASS V — Offences relating to unsafe working platform or workplace Regulations 80(1) and (2) and 81(5).Regulations 76(2) and 92(7). CLASS VI — Offences relating to risk of person falling due to unsafe access waySection 33(3).Regulations 10 (1), 62, 65 and 87.Regulation 86.CLASS VII — Offences relating to failure to provide safety belt or anchorage Section 33(8). CLASS VIII — Offences relating to risk of objects fallingSections 31(1) and (3) and 33(12).Regulations 5(1) and (4), 10(2), 21(2) and (4), 22(2) and (4), 33, 83, 100, 102(1) and 249(2).Regulations 7(2) and (4), 93(1)(b) and 145(3).CLASS IX — Offences relating to health hazards in confined spaceSections 34(3), (5) and (9) and 59(1).Regulations 11 and 150.Regulation 15(3).CLASS X — Offences relating to health hazards due to failure to provide protective equipment Section 62.Regulation 12. CLASS XI — Offences relating to mechanical hazardsSections 21(1), 22(1) and 24(1).Regulation 17 (2). CLASS XII — Offences relating to structures collapsing due to overloading of structures Regulation 96(1).Regulation 88(1).CLASS XIII — Offences relating to structures collapsing due to poor maintenance of structures Regulation 78(1).Regulation 81(1).CLASS XIV — Offences relating to structures collapsing due to poor construction Regulations 28(1), 30(1) and (4), 70, 77(7), (8), (9), (10) and (11), 79(1), 89(1), 90(1) and (6) and 101(2).Regulations 76(1), 90(1), 94(1), 95(1) and (6) and 101(2).”.