On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/09/2011.
PART VII
SAFETY AND HEALTH
MANAGEMENT ARRANGEMENTS
MANAGEMENT ARRANGEMENTS
28.
—(1) Every workplace within the prescribed class or description of workplaces shall have appointed in respect thereof a workplace safety and health officer or a workplace safety and health co-ordinator.
(2) For the purposes of this section, the Minister may prescribe —
(a)
the manner of appointment of a workplace safety and health officer and a workplace safety and health co-ordinator;
(b)
the functions and duties of a workplace safety and health officer and a workplace safety and health co-ordinator; and
(c)
the powers of a workplace safety and health officer and a workplace safety and health co-ordinator, being necessary powers for the officer or co-ordinator, as the case may be, to discharge his functions and duties under this Act.
29.
—(1) Every workplace within the prescribed class or description of workplaces shall have appointed in respect thereof a workplace safety and health committee.
(2) Every workplace safety and health committee of a workplace shall comprise representatives of employees of the workplace as well as employers.
(3) The functions of a workplace safety and health committee appointed in respect of a workplace shall be —
(a)
to keep under review circumstances in the workplace which affect or may affect the safety or health of persons in the workplace;
(b)
to promote co-operation between management and employees in achieving and maintaining safe and healthy working conditions;
(c)
to carry out from time to time inspections of the scene of any accident or dangerous occurrence in the interests of the safety and health of the employees;
(d)
to exercise such other functions and duties as may be prescribed or conferred on the committee under this Act; and
(e)
such other functions as may be prescribed.
(4) The management shall provide such facilities and assistance to the workplace safety and health committee of a workplace as the committee may reasonably require for the purpose of carrying out the committee’s functions and duties under this section.
(5) A workplace safety and health committee shall have such powers as may be prescribed, being necessary powers for the committee to discharge its functions and duties under this Act.
30.
—(1) Every workplace within the prescribed class or description of workplaces shall have appointed in respect thereof a workplace safety and health auditor.
(2) The functions of a workplace safety and health auditor appointed in respect of a workplace shall be to audit, in such manner as the Commissioner may determine, all or any of the following with a view to ensuring the safety, health and welfare of persons at work in the workplace:
(a)
the safety and health management system of the workplace;
(b)
any risk assessment relating to the workplace or the work carried out in that workplace;
(c)
any work process at the workplace; or
(d)
the workplace.
(3) A workplace safety and health auditor shall have such powers as may be prescribed, being necessary powers for the auditor to discharge his functions and duties under this Act.
(4) In this section, “risk assessment” means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measures for risk control.
31.
—(1) The Minister may, by order published in the Gazette, require such prescribed class or description of persons to attend such training courses as are specified in the order.
(2) The employer of any person required to attend any training course under subsection (1) shall ensure that the person completes or has completed such safety and health training course before allowing that person to perform any work for which the training is required.
(3) Any safety and health training course referred to in subsection (1) shall be conducted by an accredited training provider.
(4) Notwithstanding that a person has completed such safety and health training course as is required under this section, the Commissioner may, if he thinks that a refresher course is necessary, issue a written direction requiring that person to attend another such training course.
(5) An employer who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
32. No person shall act as —
(a)
an authorised examiner for the purpose of carrying out any prescribed examination or test of any —
(i)
hoist or lift;
(ii)
lifting gear;
(iii)
lifting appliance or lifting machine;
(iv)
steam boiler;
(v)
steam receiver;
(vi)
air receiver;
(vii)
refrigerating plant pressure receiver;
(viii)
pressure vessel; or
(ix)
any other machinery required by this Act to be examined or tested by an authorised examiner;
(b)
a workplace safety and health officer;
(c)
a workplace safety and health co-ordinator;
(d)
a workplace safety and health auditor; or
(e)
an accredited training provider,
(referred to in this Part as an authorised person) except with the approval of the Commissioner.
33.
—(1) An application for approval to act as an authorised person shall be —
(a)
in such form as the Commissioner may determine;
(b)
accompanied by such information, statements and documents as the Commissioner may require; and
(c)
accompanied by the prescribed fee.
(2) Upon receiving an application under subsection (1), the Commissioner may —
(a)
grant the approval applied for either unconditionally or subject to such conditions as the Commissioner thinks fit; or
(b)
refuse the application.
(3) The Commissioner shall not approve any person as an authorised person unless the Commissioner is satisfied that the applicant —
(a)
possesses the prescribed qualifications and prescribed practical experience; and
(b)
is sufficiently competent and is, in all other respects, a fit and proper person, to be entrusted to carry out the work of the relevant authorised person.
(4) The Commissioner may at any time vary or revoke any of the existing conditions imposed under subsection (2) or impose new conditions.
(5) Upon the approval of a person as an authorised person, the Commissioner shall issue the applicant with a certificate of approval to act as a relevant authorised person for such period and subject to such terms and conditions as the Commissioner may specify therein.
34.
—(1) Subject to section 35, any approval of a person as an authorised person shall each be valid for such period as the Commissioner may determine.
(2) The Commissioner may, on application in writing and on payment of the prescribed fee, renew the approval of any authorised person.
35.
—(1) The Commissioner may suspend or cancel the approval of a person as an authorised person if —
(a)
the Commissioner is satisfied that the person —
(i)
had obtained or procured his approval by fraud or misrepresentation;
(ii)
has breached any term or condition subject to which the approval was granted; or
(iii)
is no longer a fit and proper person to act as a relevant authorised person; or
(b)
the Commissioner considers that it is in the public interest to do so.
(2) The Commissioner shall, before cancelling the approval of a person as an authorised person under subsection (1) —
(a)
give the affected person notice in writing of his intention to do so;
(b)
specify a date, not less than 21 days after the date of the notice, upon which the cancellation shall take effect; and
(c)
call upon the affected person to show cause to the Commissioner why his approval as an authorised person should not be cancelled.
(3) If the person to whom a notice has been given under subsection (2) —
(a)
fails to show cause within the period of time given to him to do so or such extended period of time as the Commissioner may allow; or
(b)
fails to show sufficient cause,
the Commissioner shall give notice in writing to that person of the date from which the cancellation of the approval shall take effect.
(4) A person whose approval as an authorised person has been cancelled may, within 14 days after the receipt of the notice referred to in subsection (3), appeal in writing against the cancellation to the Minister whose decision shall be final.
36. A person whose approval as an authorised person has been cancelled by the Commissioner under section 35 shall, within 7 days of the date of the cancellation, surrender his certificate of approval issued under section 33(5).
37. No person shall claim or imply that he is approved by the Commissioner as a relevant authorised person unless he is approved as such by the Commissioner under section 33.
38. Any person who contravenes section 32, 36 or 37 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.