In force2020 Revised Edition

Contents

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

11. Duty of occupier of workplace

It is the duty of every occupier of any workplace to take, so far as is reasonably practicable, such measures to ensure that —

(a)

the workplace;

(b)

all means of access to or egress from the workplace; and

(c)

any machinery, equipment, plant, article or substance kept on the workplace,are safe and without risks to health to every person within those premises, whether or not the person is at work or is an employee of the occupier.

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
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
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
premises
Defined · s 4
“premises” includes any place whether enclosed or built on or not, whether situated underground or underwater and, in particular, includes —(a)any building, vehicle, vessel or aircraft;(b)any structure, whether a fixed structure or a movable structure such as a tent; and(c)a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);
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