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Part III · General Provisions Relating to Safety

36B. Video surveillance system

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Amended

Last amended by an amending law of 2024.

(1)

Subject to paragraphs (2) and (3), every occupier of a relevant worksite must ensure that —

(a)

a video surveillance system is installed to monitor each location in the relevant worksite mentioned in Part 1 of the Third Schedule, and its immediate vicinity; and

(b)

the video surveillance system is in good working order and operational at all times.

(2)

The video surveillance system mentioned in paragraph (1) must be capable of —

(a)

recording colour images at the resolution of at least HD 1080: 1920×1080 pixels or equivalent;

(b)

recording images of at least 12 frames per second;

(c)

supporting the export of recorded images or video footages in *.avi, *.mp4 or an equivalent format; and

(d)

making recordings with a date stamp, time stamp and camera identification code, which do not materially obstruct the recorded images.

(3)

The occupier of a relevant worksite must —

(a)

take all reasonably practical measures to ensure that each recording made using the video surveillance system is not tampered with; and

(b)

keep each recording for a period of —

(i)

at least 30 days after the date the recording is made unless sub-paragraph (ii) applies; or

(ii)

where a reportable incident has taken place at the worksite, at least 180 days after the date of the reportable incident.

(4)

An occupier of a relevant worksite mentioned in paragraph (1)(a) must immediately, if requested by an inspector, do either or both of the following:

(a)

provide a copy of any recorded image or recording by the video surveillance system;

(b)

answer such questions or provide such information with respect to the recorded image or recording as the inspector may consider necessary.

(5)

An occupier of a relevant worksite who, without reasonable excuse, fails to comply with paragraph (1), (3) or (4) 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.

Subregulation 1

Subject to paragraphs (2) and (3), every occupier of a relevant worksite must ensure that —

(a)

a video surveillance system is installed to monitor each location in the relevant worksite mentioned in Part 1 of the Third Schedule, and its immediate vicinity; and

(b)

the video surveillance system is in good working order and operational at all times.

Subregulation 2

The video surveillance system mentioned in paragraph (1) must be capable of —

(a)

recording colour images at the resolution of at least HD 1080: 1920×1080 pixels or equivalent;

(b)

recording images of at least 12 frames per second;

(c)

supporting the export of recorded images or video footages in *.avi, *.mp4 or an equivalent format; and

(d)

making recordings with a date stamp, time stamp and camera identification code, which do not materially obstruct the recorded images.

Subregulation 3

The occupier of a relevant worksite must —

(a)

take all reasonably practical measures to ensure that each recording made using the video surveillance system is not tampered with; and

(b)

keep each recording for a period of —

(i)

at least 30 days after the date the recording is made unless sub-paragraph (ii) applies; or

(ii)

where a reportable incident has taken place at the worksite, at least 180 days after the date of the reportable incident.

Subregulation 4

An occupier of a relevant worksite mentioned in paragraph (1)(a) must immediately, if requested by an inspector, do either or both of the following:

(a)

provide a copy of any recorded image or recording by the video surveillance system;

(b)

answer such questions or provide such information with respect to the recorded image or recording as the inspector may consider necessary.

Subregulation 5

An occupier of a relevant worksite who, without reasonable excuse, fails to comply with paragraph (1), (3) or (4) 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.

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Part IV

Special Provisions Relating to Health, Safety and Welfare

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