In forceAmended2020 Revised Edition

Contents

Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 4 · General Duties of Persons at Workplaces

10. Duties according to different capacities

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Amended

Last amended by an amending law of 2024.

To avoid doubt, it is declared that —

(a)

a person may at any one time be 2 or more of the following:

(i)

an employer;

(ii)

a contractor;

(iii)

a subcontractor;

(iv)

a principal;

(iva)a platform operator;

(ivb)a platform worker;

(v)

a self-employed person;

(vi)

an occupier of a workplace;

(vii)

a designer, manufacturer or supplier of any machinery, equipment or hazardous substance for use at work;

(viii)

an erector, installer or a modifier of machinery or equipment for use at work;

(ix)

an owner, a hirer or lessee of machinery moved by mechanical power or a person who maintains such machinery for use at work,and this Act may impose duties or liabilities on the person accordingly;

(b)

this Act may at any one time impose the same duty or liability on 2 or more persons, whether in the same capacity or in different capacities; and

(c)

a duty or liability imposed by this Act on any person is not diminished or affected by the fact that it is imposed on one or more other persons, whether in the same capacity or in different capacities.

Terms defined in this Act

at work
Defined · s 4
“at work” means —(a)in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his or her employer, wherever that work is carried out;(b)in relation to a self-employed person, all times when the person is performing work as a self-employed person, wherever the work is carried out; and(c)in any other case, all times when the person is performing work at the direction of the other person who engaged him or her, wherever the work is carried out;
Open s 4
contractor
Defined · s 4
“contractor” means a person engaged by another person (called in this Act the principal) otherwise than under a contract of service —(a)to supply any labour for gain or reward; or(b)to do any work for gain or reward,in connection with any trade, business, profession or undertaking carried on by the principal;
Open s 4
machinery
Defined · s 4
“machinery” includes —(a)any oil engine, gas engine, steam engine, and any other machine in which mechanical movement, either linear or rotated or both, takes place;(b)any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver;(c)any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and(d)any electrical generator or electrical motor,but does not include any machinery used solely for the propulsion of vehicles;
Open s 4
mechanical power
Defined · s 4
“mechanical power” means any energy derived from steam, water, wind, electricity, compressed air or gas, or the combustion of fuel or explosive, which is used to drive or work any machinery;
Open s 4
occupier
Defined · s 4
“occupier”, in relation to any premises or part of any premises, means —(a)in the case of a factory where a certificate of registration has to be obtained in relation to the premises pursuant to any regulations — the person who is, or is required to be, the holder of the certificate;(b)in the case of a factory where a notification has to be submitted in relation to the factory pursuant to any regulations — the person who is named in the notification, or is required to submit a notification; and(c)in the case of any other premises — the person who has charge, management or control of those premises either on the person’s own account or as an agent of another person, whether or not the person is also the owner of those premises;
Open s 4
owner
Defined · s 4
“owner”, in relation to any premises, means —(a)the person for the time being receiving the rents or profits for the lease of the premises, whether on the person’s own account or as agent or trustee for any other person; or(b)the person who would so receive the rents or profits if the premises were leased;
Open s 4
principal
Defined · s 4
“principal” means a person who, in connection with any trade, business, profession or undertaking carried on by the person, engages any other person otherwise than under a contract of service —(a)to supply any labour for gain or reward; or(b)to do any work for gain or reward;
Open s 4
self-employed person
Defined · s 4
“self-employed person” means a person who works for gain or reward otherwise than under a contract of service, whether or not employing others;
Open s 4
subcontractor
Defined · s 4
“subcontractor” means a person engaged (otherwise than under a contract of service) by any contractor or subcontractor —(a)to supply any labour for gain or reward; or(b)to do any work for gain or reward,which the contractor or subcontractor has been engaged as contractor or subcontractor (as the case may be) to do;
Open s 4
workplace
Defined · s 5
“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,
Open s 5