Workplace Safety and Health (Registration of Factories) Regulations 2008

The Commissioner shall cause a register of factories to be kept and maintained in such form as he may determine.

The register of factories shall contain the building names (if any) and addresses of all factories registered under regulation 6 and such other particulars of such registered factories as the Commissioner may determine.

Any person who desires to occupy or use any premises as a factory not falling within any of the classes of factories described in Part I, II or III of the First Schedule shall, before the commencement of operation of the factory, submit a notification to the Commissioner informing the Commissioner of his intention to occupy or use those premises as such a factory.

The duty to notify the Commissioner under paragraph (1) shall apply whether the person referred to in that paragraph is the first person to occupy or use the premises as such a factory or is taking over the occupation or use of those premises as such a factory from another person.

The notification referred to in paragraph (1) shall —

The occupier of a factory in respect of which a notification has been submitted to the Commissioner under paragraph (1) shall —

Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Any person who contravenes paragraph (4)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Any person who contravenes paragraph (4)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Any person who desires to occupy or use any premises as a factory falling within any of the classes of factories described in Part I or II, but not Part III, of the First Schedule shall apply to the Commissioner to register the premises as a factory.

Any person who desires to occupy or use any premises as a factory falling within any of the classes of factories described in Part III of the First Schedule must apply to the Commissioner to register the premises as a major hazard installation under the Workplace Safety and Health (Major Hazard Installations) Regulations 2017 (G.N. No. S 202/2017).

An application under paragraph (1) to register any premises as a factory shall —

On receipt of an application under paragraph (1), the Commissioner may —

Where the Commissioner refuses to register the premises in respect of which an application under paragraph (1) has been made, he shall give the applicant notice in writing of the reasons for his refusal.

A certificate of registration that is issued under paragraph (3)(a) in respect of any factory described in Part I of the First Schedule —

A certificate of registration that is issued under paragraph (3)(a) in respect of any factory described in Part II of the First Schedule shall remain in force from the date of its issue until such time as it is revoked or cancelled in accordance with these Regulations.

A certificate of registration that is issued under paragraph (3)(a) in respect of any factory pursuant to an application made by its occupier at the direction of the Commissioner under regulation 7(1)(ii) —

Where a certificate of registration is revoked or cancelled under regulation 9 or expires, the premises to which the certificate of registration relates shall immediately cease to be registered as a factory under these Regulations.

Where a certificate of registration is suspended under regulation 9, the premises to which the certificate of registration relates shall, during the period of suspension, cease to be registered as a factory under these Regulations.

Notwithstanding regulation 5 or 6 but subject to paragraph (2), where the Commissioner is satisfied that —

The Commissioner shall not exercise his powers under paragraph (1)(i) and (ii) unless he has given the occupier of the factory concerned an opportunity to show cause as to why he should not be required to register his factory.

Regulation 6(2)(a) and (b) and (3) to (8) shall apply to an application to register a factory made pursuant to paragraph (1)(ii).

Where any notification under regulation 5 in respect of a factory ceases to be valid by virtue of paragraph (1)(i) and the occupier of the factory continues to occupy or use that factory when it is not registered pursuant to paragraph (1)(ii), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

The occupier of a registered factory shall —

Any person who contravenes paragraph (1)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Any person who contravenes paragraph (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

If any registered factory becomes unfit for occupation or use as a factory by reason of —

Where the occupier of the registered factory to whom any notice under paragraph (1) is given fails to comply with the notice, the Commissioner may —

Where the Commissioner is satisfied that there has been a contravention of any condition of a certificate of registration, he may —

The Commissioner may —

Where a factory is directed by the Commissioner under regulation 11(1) of the Workplace Safety and Health (Major Hazard Installations) Regulations 2017 (G.N. No. S 202/2017) to be registered as a major hazard installation, the certificate of registration of the factory is cancelled on —

Where a factory’s certificate of registration is cancelled under paragraph (3B), the Commissioner must refund to the occupier of the factory a pro‑rated amount, determined in accordance with paragraph (3D), of the fee paid under regulation 6(3)(a) in respect of that factory’s registration.

The amount mentioned in paragraph (3C) is pro‑rated according to the proportion that the remaining validity period of the factory’s registration (rounded to the nearest day) bears to the total validity period of that registration.

The Commissioner shall, before suspending or revoking any certificate of registration of a factory under paragraph (2), (3) or (3A)(b), give to the occupier of the registered factory —

Where the Commissioner has, pursuant to this regulation, suspended, revoked or cancelled the certificate of registration of a factory, he shall give notice in writing of the suspension, revocation or cancellation to the occupier of the factory.

The suspension or revocation of the certificate of registration of a factory under paragraph (2), (3) or (3A)(b) shall not take effect until the expiration of 21 days from the date on which the Commissioner’s decision to suspend or revoke the certificate of registration was communicated to the occupier of the factory or, where an appeal against the decision is made to the Minister under regulation 10, until the appeal has been determined or withdrawn.

Where the certificate of registration of a factory has been suspended, revoked or cancelled, the occupier of the factory shall surrender the certificate of registration to the Commissioner within such time as the Commissioner may specify.

Any person who contravenes paragraph (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

The Commissioner may at any time, and for such reason as he considers sufficient, reduce the period for which a certificate of registration has been suspended.

Any applicant who is aggrieved by the Commissioner’s refusal —

Any occupier of a registered factory who is aggrieved by the Commissioner’s decision to suspend or revoke the certificate of registration of that factory under regulation 9(2), (3) or (3A)(b) may, within 21 days after the date he is notified of the suspension or revocation, appeal in writing to the Minister against the decision in such form and manner as the Commissioner may determine.

Any occupier of a factory who is aggrieved by any direction of the Commissioner under regulation 7(1)(ii) or 9(1) may, within 7 days after the date he receives the notice containing the direction, appeal to the Minister in writing against the direction in such form and manner as the Commissioner may determine.

Where an appeal is lodged under paragraph (1)(b), the registration of the factory concerned shall continue to remain in force until the appeal has been determined or withdrawn, as the case may be.

Where an appeal is lodged under paragraph (3), the direction appealed against shall not take effect until the appeal has been determined or withdrawn, as the case may be.

The Minister may determine an appeal under this regulation by confirming the refusal, decision or direction of the Commissioner or substituting that refusal, decision or direction with his decision in the appeal.

The decision of the Minister in any appeal under this regulation shall be final.

Notwithstanding the revocation of the Workplace Safety and Health (Registration of Factories) Regulations, the Commissioner may, as he thinks fit, waive or refund the whole or any part of the fees that have been paid under the revoked Regulations.

Notwithstanding the revocation of the Workplace Safety and Health (Registration of Factories) Regulations, any certificate of registration or factory permit issued under the revoked Regulations which is valid immediately before 1st November 2008 shall —