In force2020 Revised Edition

Contents

Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 6 · Investigations, Inquiries and Reporting of Accidents, Dangerous Occurrences and Occupational Diseases

25. Alteration or addition to machinery, equipment, etc.

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(1)

A person must not, without the consent of the Commissioner —

(a)

alter, replace, remove or add to any machinery, equipment, plant or article which may have contributed to the cause of any accident resulting in the death of any person or any dangerous occurrence or occupational disease; or

(b)

modify the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

(2)

The occupier of a workplace in which an accident, a dangerous occurrence or an occupational disease occurs must take all reasonable measures to prevent any person from —

(a)

altering, replacing, removing or adding to any machinery, equipment, plant or article which may have contributed to the cause of the accident resulting in the death of any person or the dangerous occurrence or occupational disease; or

(b)

modifying the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

(3)

It is presumed, unless it is proved to the contrary, that any alteration, replacement, removal or addition as is mentioned in subsection (1) has been made by the occupier of a workplace.

(4)

Nothing in subsection (1) or (2) operates to interfere with rescue work or work necessary for the general safety of life and property.

(5)

Any person who contravenes subsection (1) and any occupier of a workplace who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Terms defined in this Act

Commissioner
Defined · s 4
“Commissioner” means the Commissioner for Workplace Safety and Health appointed under section 7;
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dangerous occurrence
Defined · s 4
“dangerous occurrence” means any occurrence which is specified in the First Schedule;
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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;
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occupational disease
Defined · s 4
“occupational disease” means any disease specified in the Second Schedule and any other disease that is directly attributable to any exposure to any chemical or biological agent arising out of and in the course of any employment;
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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;
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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,
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