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Power to require registration of factory in certain circumstances

Workplace Safety and Health (Registration of Factories) Regulations 2008

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—(1) Notwithstanding regulation 5 or 6 but subject to paragraph (2), where the Commissioner is satisfied that —(a)any factory in respect of which a notification has been submitted under regulation 5 or any machinery, equipment, plant or article being used therein is in such condition; or(b)any process or work is being carried on in that factory in such a manner,as to pose or be likely to pose a risk to the safety, health and welfare of persons at work in the factory, the Commissioner may, by notice in writing to the occupier of the factory concerned —(i)specify a date as from which the notification that has been submitted in respect of that factory under regulation 5 shall cease to be valid; and(ii)direct the occupier of that factory, within such time as may be specified in the notice, to apply to the Commissioner to register the factory under regulation 6 notwithstanding that the factory does not fall within any of the classes of factories described in Part I or II of the First Schedule.(2) 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.(3) 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).(4) 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.

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