In forceAmended2020 Revised Edition

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Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 2 · Interpretation

5. Meanings of “workplace” and “factory”

Amended

Last amended by an amending law of 2011.

(1)

In this Act, “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, “factory” means any premises —

(a)

within which persons are employed in any of the following processes:

(i)

the handling, sorting, packing, storing, altering, repairing, construction, processing or manufacturing of any goods or product;

(ii)

the handling, sorting, packing, storing, processing, manufacturing or use of any hazardous substances;

(iii)

the repair, construction or manufacturing of any vessel or vehicle; (iv)any building operation or work of engineering construction;

(v)

the operation or maintenance of any facility or system related to the provision of any public utility; and

(b)

which is specified in the Fourth Schedule.

(3)

Where any person carries on any work mentioned in subsection (2) in a workplace with the express or implied permission of, or under any agreement with, the occupier of the workplace, then, even though the person is not an employee of the occupier of the workplace —

(a)

the workplace is to be treated as a factory for the purposes of this Act; and

(b)

the provisions of this Act relating to the duty of an occupier apply to the occupier of the workplace as if that occupier were the occupier of a factory.

(4)

Despite subsection (2), where any place situated within a factory is solely used for some purpose other than any of the processes carried on in the factory —

(a)

the place is not to be treated as forming part of the factory for the purposes of this Act; but(b)the place is, if it would otherwise be a factory, to be treated as a separate factory for the purposes of this Act.

(5)

A part of a factory may, with the written approval of the Commissioner, be treated as a separate factory for the purposes of this Act.

(6)

Two or more factories may, with the written approval of the Commissioner, be treated as a single factory for the purposes of this Act.

(7)

To avoid doubt, premises are not excluded from the definition of a “factory” by reason only that they are open air premises.

(8)

Any premises in which work is carried on by or on behalf of the Government or any statutory board or body are not excluded from the definition of a “factory” by reason only that the work carried on at the premises is not carried on by way of trade or for purposes of gain.

Terms defined in s 4

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 operation
Defined · s 4
“building operation” means —(a)the construction, structural alteration, repair or maintenance of a building (including the rewiring of any electrical installation, the replacement of any lift, air conditioning plant and ancillary ducting of a building, and the repointing, redecoration and external cleaning of the structure);(b)the demolition of a building; or(c)the preparation of a site for, and the laying of foundation of, an intended building,but does not include any operation which is a work of engineering construction;
Open s 4
Commissioner
Defined · s 4
“Commissioner” means the Commissioner for Workplace Safety and Health appointed under section 7;
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
work of engineering construction
Defined · s 4
“work of engineering construction” means any work specified in the Third Schedule;
Open s 4