Workplace Safety and Health (General Provisions) Regulations

regulation 3(1), 4, 5(1) or (2), 6, 7, 9, 10, 11, 12(1), (2) or (3), 14(1) or (2), 15(1), 16(1) or (2), 17(1), (2), (3) or (5), 18(1), 19(13), 20(9) or (10), 21(15) or (16), 23(1), (10), (11) or (12), 24(4), 26(8), 27(1), 28(13) or (17), 29(9) or (10), 30, 31(9), (10) or (11), 31A(3), 33(1) or (3), 34, 35(9), 36, 37(3), 38(8), 39(12), 40(1), 41(5) or (6), 42(1) or 43(1);

regulation 19(12) by not complying with regulation 19(1), (3), (4), (5), (6), (7), (8), (9), (10)(b) or (c) or (11);

regulation 20(7) by not complying with regulation 20(1), (3), (4) or (6);

regulation 21(14) by not complying with regulation 21(1), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (13);

regulation 26(7) by not complying with regulation 26(1), (2), (3), (4) or (5);

regulation 35(8) by not complying with regulation 35(1), (2), (3), (5), (6) or (7); or

regulation 39(11) by not complying with regulation 39(1), (3), (4), (5), (6) or (10),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

regulation 8, 20(12), 21(18), 22, 33(2) or 43(2) or (4);

regulation 19(12) by not complying with regulation 19(2);

regulation 20(7) by not complying with regulation 20(2);

regulation 21(14) by not complying with regulation 21(2);

regulation 26(7) by not complying with regulation 26(6);

regulation 35(8) by not complying with regulation 35(4); or

regulation 39(11) by not complying with regulation 39(8),shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or

if the person is a repeat offender, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

is convicted, or found guilty, of an offence specified in the first column of the Second Schedule (called the current offence); and

has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of that Schedule, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted, or found guilty, of the current offence.

any substance which contains toxins;

any biological waste;

any culture medium;

any contaminated blood, urine or faeces;

any infected tissue or organ; and

any infected animal.

for securing and maintaining the circulation of fresh air in the workplace; and

to render harmless, so far as is reasonably practicable, all such gases, vapours or other impurities.

is in such a position or of such construction as to be safe to every person at work in the workplace as it would be if securely fenced; or

is made safe for persons at work in the workplace by other effective means which will protect the persons from being injured by the dangerous part when that part is in motion or in use.

a person is carrying out in the workplace, while the part of machinery is in motion —

any examination of the machinery or part of the machinery; or

any lubrication or adjustment shown by such examination to be immediately necessary,being an examination, a lubrication or an adjustment which is necessary to be carried out while the part of machinery is in motion; or

a person is carrying out in the workplace any lubrication or any mounting or shifting of belts in respect of any part of a transmission machinery and if —

the Commissioner has determined that, owing to the continuous nature of such process, the stopping of that part would seriously interfere with the carrying on of the process in the workplace; and

the lubrication or mounting or shifting of belts is carried out by such methods and in such circumstances and subject to such conditions as the Commissioner may determine.

the relevant examination, lubrication or other operation is carried out by a person who —

has attained the age of 18 years;

has been trained to carry out, and is acquainted with the dangers of moving machinery connected with the relevant examination, lubrication or other operation; and

is wearing clothing which has no loose ends and which is fastened by means having no exposed loose ends;

another person, instructed as to the steps to be taken in case of an emergency, is immediately available within sight or hearing of the person carrying out the relevant examination, lubrication or other operation; and

any ladder or work platform in use for the carrying out of the relevant examination, lubrication or other operation is securely fixed or lashed, or is firmly held by a person stationed at the foot of the ladder.

is of good construction, sound material and free from defects; and

is used and maintained in such manner so that it is safe to use.

of substantial construction;

properly maintained; and

kept in position and properly adjusted to render the machinery safe for any person while the parts required to be fenced or safeguarded are in motion or in use.

the parts mentioned in that paragraph are necessarily exposed in motion for examination and for any lubrication or adjustment shown by such examination to be immediately necessary; and

all the conditions specified in regulation 13(2) are complied with.

to ensure that all energy sources to the relevant plant, machinery, equipment or electrical installation are isolated, disconnected or discharged; and

to prevent any part of the plant, machinery, equipment or electrical installation from being inadvertently activated or energised.

the tank, structure, sump or pit is securely covered or is securely fenced to a height of at least one metre above that ground or platform; or

where by reason of the nature of the work, neither secure covering nor secure fencing to that height is practicable, all reasonably practicable steps are taken by covering, fencing or other means to prevent any person from falling into the tank, structure, sump or pit.

at least 500 millimetres wide; and

securely fenced to a height of at least one metre and securely fixed.

the space between them, clear of any surrounding brick or other work, is less than 500 millimetres in width; or

each tank, structure, sump or pit is not securely fenced to a height of at least one metre,it shall be the duty of the occupier of the workplace to ensure that secure barriers are so placed as to prevent passage between them.

is marked on or attached to the tank, structure, sump or pit; or

if this is not reasonably practicable, is posted nearby.

ensuring that no traversing part of any self-acting machine nor any material carried thereon shall, if the space into which it runs is a space over which any person (whether or not at work) is liable to pass, be less than 500 millimetres measured from any fixed structure not being part of the machine to the furthest point of its inward or outward traverse;

ensuring that no person at work in the workplace shall, when the machine is in operation, be in the space between any traversing part of the machine and any fixed part of the machine towards which the traversing part moves on the inward run; and

displaying on such machinery or at a place nearest to the process or work a notice written in languages understood by the persons at work using such machinery or in any such process or work describing the safety measures to be observed.

tested and examined the hoist or lift after its installation; and

issued and signed a certificate of test and examination, specifying the safe working load of the hoist or lift.

the gate cannot be opened except when the cage or platform is at the landing; and

the cage or platform cannot be moved away from the landing until the gate is closed.

any part of the hoist or lift and any fixed structure; or

the counterbalance weight and any other moving part of the hoist or lift.

efficient automatic devices shall be provided and maintained to prevent the cage or platform from over-running;

every cage shall, on each side from which access is afforded to a landing, be fitted with a gate with efficient devices to ensure that, when persons or goods are in the cage, the cage —

cannot be raised or lowered unless all the gates are closed; and

will come to rest when a gate is opened; and

where the cage or platform of the lift is suspended by rope or chain —

the cage or platform shall be separately connected with at least 2 ropes or chains, each rope or chain and its attachments being capable of carrying the whole weight of the cage or platform and its maximum working load; and

efficient devices shall be provided and maintained which will support the cage or platform with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments.

paragraph (9) shall not apply;

the gate referred to in paragraph (4) shall be kept closed and fastened except when the cage or platform is at rest at the landing; and

a thorough examination of the hoist or lift shall be carried out at least once every year by an authorised examiner.

the hoistway or liftway shall be completely enclosed with fire-resisting materials, except that the top shall be enclosed only by some material easily broken in case of fire, or be provided with a vent; and

all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials.

issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);

provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace;

inform the Commissioner —

as soon as is reasonably practicable, if the examination shows that the hoist or lift cannot continue to be used safely unless repairs are made; or

in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and

exercise all due diligence in making any certification or in conducting any test or examination of any hoist or lift under this regulation.

tested and examined the lifting gear; and

issued and signed a certificate of test and examination, specifying the safe working load of the lifting gear.

if in regular use —

in the case of chains used in connection with molten metal or molten slag, at least once every 6 months; or

in any other case, at least once every year; or

if not in regular use, only when necessary.

chains made of malleable cast iron;

plate link chains;

chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal;

pitched chains working on sprocket or pocketed wheels;

rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;

hooks and swivels having screw-threaded parts or ball-bearings or other case-hardened parts;

socket shackles secured to wire ropes by white metal capping;

bordeaux connections;

rope or rope sling; and

any chain or lifting tackle which has been subjected to the heat treatment known as “normalising” instead of annealing.

issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);

provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace;

inform the Commissioner —

as soon as is reasonably practicable, if the examination shows that the lifting gear cannot continue to be used safely unless repairs are made; or

in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and

exercise all due diligence in making any certification or in conducting any test or examination of any lifting gear under this regulation.

of good construction, sound material, adequate strength and free from patent defect; and

properly maintained.

tested and examined the lifting appliance or lifting machine; and

issued and signed a certificate of test and examination, specifying the safe working load of the lifting appliance or lifting machine.

which will prevent the fall of the load when suspended; and

by which the load can be effectively controlled while being lowered.

shall be conspicuously marked with its safe working load or loads and a distinctive number or other means of identification; and

in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, shall have an accurate indicator, which must be placed so as to be clearly visible to the driver of the jib crane, that shows the radius of the jib at any time and the safe working load corresponding to that radius.

every rope, chain or wire;

every part of a stage, framework or other structure; and

every mast, beam, pole or other article of plant supporting any part of the lifting appliance or lifting machine,shall be of good construction, sound material and adequate strength, having regard to the nature of the lifting appliance, its lifting and reaching capacity and the circumstances of its use.

be of proper size and adequate strength;

have an even running surface;

be properly laid, adequately supported or suspended; and

be properly maintained.

a person trained and competent to operate that machine; or

a person under training who is under the direct supervision of a qualified person.

operating any lifting machine driven by mechanical power; or

giving signals to the operator of any lifting machine.

issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);

provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace;

inform the Commissioner —

as soon as is reasonably practicable, if the examination shows that the lifting appliance or lifting machine cannot continue to be used safely unless repairs are made; or

in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and

exercise all due diligence in making any certification or in conducting any test or examination of any lifting appliance or lifting machine under this regulation.

of good mechanical construction, sound material and adequate strength; and

properly maintained.

a distance of more than 2 metres; or

into any substance which is likely to cause drowning or asphyxiation,shall be provided with a secure foothold and handhold at the place so far as is reasonably practicable for ensuring his safety.

there shall be sufficient and secured anchorage, by means of a life line or otherwise for the safety harness or safety belt; and

the anchorage shall not be lower than the level of the working position of the person wearing the safety harness or safety belt.

equipment and means of rescuing and resuscitating drowning persons; and

suitable life jackets or other equipment for keeping such persons afloat in the event that they fall into the water.

a distance of more than 2 metres; or

into any substance which is likely to cause drowning or asphyxiation,unless the requirements of paragraphs (7), (8) and (9) have been complied with.

in such manner as not to interfere with —

the adequate distribution of natural or artificial light;

the proper operation of any machinery or other equipment;

the unobstructed use of passageways or traffic lanes; and

the efficient functioning of sprinkler systems or the use of other fire-fighting equipment;

on a firm foundation not liable to settle;

in such manner as not to overload the foundation or floors; and

in such manner, and using such supporting structures as may be necessary, as to ensure the stability, and to prevent the collapse, of the goods, articles or substances.

all reasonably practicable steps shall be taken to prevent such an explosion —

by enclosure of the plant used in the process;

by removal or prevention of accumulation of the dust, gas, vapour or substance;

by exclusion or effective enclosure of possible sources of ignition; or

by the use of suitable flame-proof equipment; and

unless the plant in which the process is carried out is so constructed as to withstand the pressure likely to be produced by any such explosion, all reasonably practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision of chokes, baffles and vents, or other equally effective appliances in the plant.

any welding, brazing or soldering operation;

any cutting operation which involves the application of heat; or

any operation involving the application of heat for the purpose of taking apart or removing the plant, tank or vessel or any part of it,until all reasonably practicable steps have been taken to remove the substance and any fumes, gas or vapour arising from it, or to render the substance and fumes, gas or vapour non-explosive and non-flammable.

it is free from —

any explosive or flammable substance; and

any fumes, gas or vapour arising from any such substance; or

any explosive or flammable substance, and any fumes, gas or vapour arising from any such substance, have been rendered non-explosive and non-flammable,and that it is safe for the operation to be carried out.

obtain, in such form and manner as may be determined by the Commissioner, the approval of the Commissioner to use the relevant equipment;

ensure that such examination and test by an authorised examiner as may be specified by the Commissioner has been satisfactorily carried out;

obtain from the authorised examiner a report of the examination and test referred to in sub-paragraph (b), specifying the safe working pressure of the relevant equipment and stating the nature of the tests to which the relevant equipment and its fittings have been submitted;

keep the report referred to in sub-paragraph (c) available for inspection; and

mark the relevant equipment so as to enable it to be identified as the relevant equipment to which the report refers.

any steam boiler referred to in regulation 28(20)(a) or (21);

any steam receiver referred to in regulation 29(11);

any air receiver that has been examined in accordance with regulation 31(5) and reported on in accordance with regulation 31(10) or any air receiver referred to in regulation 31(12); and

any refrigerating plant pressure receiver where the safe working pressure does not exceed 0.5 bar or the product of its safe working pressure and volume does not exceed 100 bar-litre.

of good construction, sound material and adequate strength;

free from patent defects; and

properly maintained.

shall have attached to it —

a suitable safety valve which is —

separate from and incapable of being isolated by any stop-valve;

adjusted so as to prevent the boiler from being worked at a pressure greater than the safe working pressure; and

fixed directly, or as close as practicable, to the boiler;

a suitable stop-valve connecting the boiler to the steam pipe;

a correct steam pressure gauge, connected to the steam space and easily visible by the boiler attendant, which —

indicates the pressure of steam in the boiler; and

is marked, in a distinctive colour, with the safe working pressure;

at least one water gauge of transparent material or any other type approved by the Commissioner thereof which —

shows the water level in the boiler; and

if the gauge is of the glass tubular type and the working pressure in the boiler normally exceeds 275 kilo-newtons per square metre, is provided with an efficient guard that does not obstruct the reading of the gauge; and

where it is one of 2 or more boilers, a plate bearing a distinctive number which shall be easily visible;

shall be provided with means for attaching a test pressure gauge; and

shall be provided with —

a suitable fusible plug; or

an efficient low-water alarm device.

which uses electricity as the only form of power;

which has a maximum steam volume of not more than 40 litres and a safe working pressure of not more than 4 bars; and

into which water is fed manually at the start of the steam generation process and cannot be fed continuously from a potable water main.

steam boiler referred to in paragraph (5), including all its fittings and attachments, shall be thoroughly examined by an authorised examiner at least once every 2 years and also after any extensive repair; and

surface of the external shell of a steam boiler referred to in paragraph (5) shall be examined by an authorised examiner at least once every 6 years, and for the purpose of such examination, the insulation on the shell shall be removed completely.

have attached to it a steam pressure control device which shall be set to the pressure at or below the maximum permissible working pressure of the boiler; and

have a safety valve attached to the boiler which shall be examined and tested by a competent person at least once a month, and the report on every such test shall be recorded and shall be made available for inspection at any time by an inspector.

unless all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from the part; or

unless —

all valves or taps controlling such steam and hot water entry are closed and securely locked; and

where the boiler has a blow-off pipe in common with one or more other boilers or which delivers into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which —

cannot be removed until the valve or tap is closed; and

is the only key in use for that set of blow-off valves or taps; and

until the particular boiler has been sufficiently cooled to make it safe for the person entering or being in the particular boiler.

at least once every year; and

after any extensive repairs.

of an examination of the boiler when it is cold and the interior and exterior have been prepared in the manner specified by the Commissioner; and

except in the case of an economiser or a superheater, of an examination when it is under normal steam pressure which —

must be made as soon as possible after the examination of the boiler when cold; and

must include an examination to determine whether the safety valve is so adjusted as to prevent the boiler from being worked at a pressure greater than the safe working pressure, unless prior written permission has been obtained from the Commissioner.

issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (12);

provide a copy of the report referred to in sub-paragraph (a) to the owner of the steam boiler;

inform the Commissioner —

as soon as is reasonably practicable, if the examination shows that the steam boiler cannot continue to be used safely unless repairs are carried out; or

in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and

exercise all due diligence in making any report or in conducting any examination of any steam boiler under this regulation.

any steam boiler with a maximum permissible working pressure not exceeding 0.5 bar; and

any steam boiler referred to in paragraph (5).

of good construction, sound material and adequate strength;

free from patent defects; and

properly maintained.

a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure of the receiver being exceeded;

a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded;

a correct steam pressure gauge indicating the pressure of steam in the receiver;

a suitable stop-valve; and

except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.

on the steam receiver; or

on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure from being exceeded.

at least once every 2 years; and

after any extensive repairs.

issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (6);

provide a copy of the report referred to in sub-paragraph (a) to the owner of the steam receiver; and

inform the Commissioner —

as soon as is reasonably practicable, if the examination shows that the steam receiver cannot continue to be used safely unless repairs are carried out; or

in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and

exercise all due diligence in making any report or in conducting any examination of any steam receiver under this regulation.

be conspicuously marked with its safe working pressure;

in the case of a receiver connected with an air compressing plant —

be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor; or

be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver from being exceeded;

be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded;

be fitted with an accurate pressure gauge indicating the pressure in the receiver;

except in the case of a receiver in which substance in the form of solid or liquid is stored and from which it is forced by compressed air, be fitted with a suitable appliance for draining the receiver;

be provided with a suitable manhole, handhole or other means which will allow the interior to be thoroughly cleaned; and

where there is more than one receiver in use in the workplace, bear a distinguishing mark which shall be easily visible.

thoroughly cleaned; and

examined by an authorised examiner at least once every 2 years.

issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (5);

provide a copy of the report referred to in sub-paragraph (a) to the owner of the air receiver; and

inform the Commissioner —

as soon as is reasonably practicable, if the examination shows that the air receiver cannot continue to be used safely unless repairs are carried out; or

in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and

exercise all due diligence in making any report or in conducting any examination of any air receiver under this regulation.