Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 4 · General Duties of Persons at Workplaces
18. Other related duties of occupiers, employers and platform operators
Feedback & supportLast amended by an amending law of 2024.
An employer must not —
deduct, or allow to be deducted, from the sum contracted to be paid by the employer to any of the employer’s employees; or
receive, or allow any agent of the employer to receive, any payment from any employee of the employer,in respect of anything to be done or provided by the employer in accordance with this Act in order to ensure the safety, health or welfare of any of the employer’s employees at work.
An employer must not dismiss or threaten to dismiss an employee because the employee —
has assisted (whether by the giving of information or otherwise) an inspector, authorised person or any other public authority in the conduct of any inspection or investigation under this Act for a breach or an alleged breach of this Act, or proposes to do so;
has in good faith sought the assistance of, or made a report to an inspector or authorised person in relation to a safety and health matter, or proposes to do so;
is performing the employee’s duties in good faith as a member of a workplace safety and health committee; or
has complied with an order made under section 21 or otherwise complied with this Act, or proposes to do so.
A platform operator must not —
deduct, or allow to be deducted, from the earnings of any platform worker relating to the platform worker’s provision of a platform service for the platform operator; or
receive, or allow any agent of the platform operator to receive, any payment from any platform worker who is providing or has provided a platform service for the platform operator,in respect of anything to be done or provided by the platform operator in accordance with this Act in order to ensure the safety, health or welfare of any of the platform operator’s platform workers at work.
A platform operator must not —
terminate or threaten to terminate a platform work agreement with any platform worker; or
refuse or threaten to refuse to assign to or facilitate for any platform worker, or prevent or threaten to prevent any platform worker from receiving or obtaining, any tasks to be performed in relation to the provision of any platform service for the platform operator,because the platform worker —
has assisted (whether by the giving of information or otherwise) an inspector or authorised person or any other public authority in the conduct of any inspection or investigation under this Act for a breach or an alleged breach of this Act, or proposes to do so;
has in good faith sought the assistance of, or made a report to, an inspector or authorised person in relation to a safety and health matter, or proposes to do so; or
has complied with an order made under section 21 or otherwise complied with this Act, or proposes to do so.
The occupier of a workplace must cause to be kept in the workplace the following records:
occupier
“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;
every document issued in respect of the workplace by the Commissioner under the provisions of this Act;
a copy of every notice furnished to the Commissioner as required under this Act; and
all reports and particulars prepared in respect of the workplace under this Act.
Any occupier of a workplace must —
workplace
“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,
ensure that the records mentioned in subsection (3) are kept for at least 5 years from the date the records were made or such other period as may be prescribed; and
whenever required to do so within that period, produce and make available to an inspector for inspection a copy of the records.
Any person who contravenes subsection (1), (2), (2A) or (2B) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Any person who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.