In forceAmended2020 Revised Edition

Contents

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

19. Duties of occupiers of common areas

Amended

Last amended by an amending law of 2020.

(1)

For the purposes of subsection (2), where a building comprises one or more workplaces, any common property or limited common property of the building (called in this section the common area) which is used by persons at work in any such workplace or is used by such persons to move through is treated as part of their workplace.

(2)

It is the duty of the occupier of the common area to comply with any provision of this Act with respect to —

(a)

electric generators and motors located in the common area;

(b)

hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area;

(c)

means of access into or egress from the common area; and

(d)

any machinery or plant located in the common area which belongs to or is supplied by the owner or occupier of the common area.

(3)

In this section —

“common property” and “limited common property” have the meanings given by the Building (Strata Management) Act 2004;

“occupier”, in relation to a common area, includes the management corporation or subsidiary management corporation (as the case may be) having control of that common area.

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
building
Defined · s 4
“building” includes —(a)the whole or any part of any house or any other structure, whether used for the purpose of human habitation or otherwise; and(b)any structure, support or foundation connected to the house or structure mentioned in paragraph (a);
Open s 4
lifting gear
Defined · s 4
“lifting gear” includes —(a)any chain, rope, chain sling, webbing sling, rope sling, ring, hook, shackle, swivel or eyebolt; and(b)any cage or work platform used for carrying persons while it is suspended from the load line of a crane;
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
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
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