On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 30/05/1998.
PART V
General Provisions relating to Safety
18. Every flywheel connected to any prime mover and every moving part of any prime mover except such prime movers as are mentioned in section 19, shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not.
[2/95]
19. Every part of electric generators, motors and rotary converters, and every flywheel connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.
[2/95]
20.
—(1) All electrical installations and equipment shall be of good construction, sound material, free from defects and in accordance with the generally accepted principles of sound and safe practice, and shall be so maintained.
[5/84]
(2) All practicable measures shall be taken to protect any person against the risks of electric shock arising from or in connection with the use of any electrical installation or equipment.
[5/84]
21.
—(1) Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.
(2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place.
(3) Every machine driven by mechanical power shall be provided with an efficient starting and stopping device or appliance which shall be properly maintained and the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine.
[2/95]
(4) No driving-belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery.
(5) Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving-belts to and from fast and loose pulleys which form part of the transmission machinery and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving-belt from creeping back on to the fast pulley.
(6) The Chief Inspector may by a certificate in writing grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (2) to (5) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.
22.
—(1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be safe to every person employed or working on the premises as it would be if securely fenced.
[19/78]
(2) Subsection (1) shall not apply where the dangerous part of any machinery is made safe for persons employed or working on the premises by other equally effective means.
[19/78]
(3) Any part of a stock-bar which projects beyond the headstock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced.
23.
—(1) In determining for the purposes of sections 18 to 22 whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced —
(a)
no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination to be immediately necessary, being an examination, lubrication or adjustment which it is necessary to carry out while the part of machinery is in motion; and
(b)
in the case of any part of transmission machinery used in any process in any factory with respect to which the Chief Inspector has declared, by certificate in writing, that he is satisfied 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 such factory, no account shall be taken of any person carrying out in the factory, by such methods and in such circumstances and subject to such conditions as may be specified in the certificate, any such lubrication or any mounting or shifting of belts.
[19/78]
(2) Subsection (1) shall only apply where —
(a)
the examination, lubrication or other operation as aforesaid is carried out by a person who —
(i)
has attained the age of 20 years;
(ii)
has been trained for the purposes of the work entailed by, and is acquainted with the dangers of moving machinery arising in connection with, such examination, lubrication or other operation; and
(iii)
is wearing clothing which has no loose ends and which is fastened by means having no exposed loose ends;
(b)
another person, instructed as to the steps to be taken in case of emergency, is immediately available within sight or hearing of the person carrying out such examination, lubrication or other operation; and
(c)
any ladder or work platform in use for the carrying out of such examination, lubrication or other operation is securely fixed or lashed, or is firmly held by a person stationed at the foot of the ladder.
[2/95]
24.
—(1) All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part shall —
(a)
be of substantial construction;
(b)
be properly maintained; and
(c)
be 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.
[2/95]
(2) Subsection (1) shall not apply where the parts mentioned in paragraph (c) of that subsection 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 section 23(2) are complied with.
[2/95]
(3) Every machinery, plant and vehicle shall be properly maintained in order to prevent any breakdown which is likely to cause death or bodily injury to any person.
[2/95]
24A.
—(1) Lock-out procedures shall be established and implemented for the inspection, cleaning, repair or maintenance of any plant, machinery or equipment that, if inadvertently activated or energised, is liable to cause bodily injury to any person.
(2) Every person carrying out any work described in subsection (1) shall be fully instructed on the lock-out procedures for that work before commencing that work.
(3) For the purposes of this section, “lock-out procedures” means a set of procedures —
(a)
to ensure that all energy sources to the relevant plant, machinery or equipment will be isolated, disconnected or discharged; and
(b)
to prevent any part of the plant, machinery or equipment from being inadvertently activated or energised.
25.
—(1) In the case of any machine in a factory being a machine intended to be driven by mechanical power —
(a)
every set-screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and
(b)
all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is so situated as to be as safe as it would be if completely encased.
(2) Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory in Singapore any machine to be driven by mechanical power which does not comply with the requirements of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(3) The Minister may, by order published in the Gazette, extend subsections (1) and (2) to machinery or plant which does not comply with such requirements of this Act or any regulations made thereunder as may be specified in the order, and any order made under this subsection may relate to machinery or plant in a specified process.
(4) Nothing in this section shall apply to any machine constructed before 1st June 1960.
26.
—(1) Every fixed vessel, structure, sump or pit of which the edge is less than one metre above the highest ground or platform from which a person might fall into it shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or be securely fenced to 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 practicable steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit.
(2) Where any fixed vessel, structure, sump or pit contains any scalding, corrosive or poisonous liquid but is not securely covered, no ladder, stair or gangway shall be placed above, across or inside it which is not —
(a)
at least 500 millimetres wide; and
(b)
securely fenced on both sides to a height of at least one metre and securely fixed.
(3) Where any such vessel, structure, sump or pit as is mentioned in subsection (2) adjoins, and the space between them, clear of any surrounding brick or other work, is less than 500 millimetres in width or is not securely fenced on both sides to a height of at least one metre, secure barriers shall be so placed as to prevent passage between them.
(4) For the purposes of this section, a ladder, stair or gangway shall not be deemed to be securely fenced unless it is provided either with sheet fencing or with an upper and a lower rail and toe boards.
(5) In respect of any such vessel, structure, sump or pit, a warning notice indicating the nature of the danger and in a form readily understood by persons employed in the factory shall be marked on or attached to the vessel, structure, sump or pit, or, if this is not reasonably practicable, be posted nearby.
(6) The Chief Inspector may, by order published in the Gazette, extend any of the provisions of this section so as to make them applicable —
(a)
to a vessel or structure which is not fixed; or
(b)
to a vessel, structure, sump or pit containing a substance which is not a liquid,
and in relation to any substance which is not a liquid “scalding”, in a provision extended under paragraph (b), shall be taken to mean likely to cause burns.
(7) The Chief Inspector may, by order published in the Gazette exempt from the requirements of this section any class of vessel, structure, sump or pit in the case of which he is satisfied that the requirements are unnecessary or impracticable.
27.
—(1) No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of 500 millimetres from any fixed structure not being part of the machine.
(2) All practicable steps shall be taken by instructions to the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting machine and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run.
27A.
—(1) The occupier of a factory shall ensure that every person employed in the factory who is of a class or description specified under subsection (2) attends such safety training courses as the Chief Inspector may specify under that subsection in respect of such persons.
(2) The Chief Inspector may, by order published in the Gazette, specify the classes or description of persons to which this section applies and the safety training courses that he considers necessary for such persons.
28.
—(1) No person shall be employed at any machine or in any process or work, being a machine, process or work liable to cause bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and —
(a)
has received a sufficient training in work at the machine or in the process or work; or
(b)
is under adequate supervision by a person who has a thorough knowledge and experience of the machine, process or work.
(2) For the purpose of instructing any person employed at any such machine, process or work on the safety measures to be observed in respect of the safe operation of any such machine, process or work an employer shall cause to be displayed on such machine or at a place nearest to the process a notice written in languages understood by the persons employed at such machine or in any such process or work describing those safety measures.
[19/78]
29.
—(1) No hoist or lift shall be used unless —
(a)
it is of good mechanical construction, sound material and adequate strength, and is properly maintained;
(b)
in the case of a lift, it has been tested and thoroughly examined before installation by or on behalf of the manufacturer and a certificate of such test and examination, specifying the safe working load and signed by or on behalf of the manufacturer, shall be kept available for inspection; and
(c)
it has been tested and examined by an approved person after installation and a certificate of such test and examination, specifying the safe working load and signed by the approved person, shall be kept available for inspection.
[19/78]
(2) Every hoist or lift shall be thoroughly examined at least once in every 6 months by an approved person and a report of the result of every such examination in the prescribed form shall be prepared in duplicate signed by the person making the examination.
(2A) One copy of the report shall be handed to the occupier of the factory, and the other copy shall, within 28 days of the completion of the examination, be sent to the Chief Inspector, but where the examination shows that the hoist or lift cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the approved person shall forthwith send a copy of his report to the Chief Inspector.
(3) Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.
(4) Any such gate as aforesaid shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed.
(5) Every hoist or lift and every such enclosure as aforesaid shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift.
(6) There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry, and no load greater than that load shall be carried on any hoist or lift.
(7) The following additional requirements shall apply to lifts:
(a)
efficient automatic devices shall be provided and maintained to prevent the cage or platform over-running;
(b)
every cage shall, on each side from which access is afforded to a landing, be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure 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;
(c)
in the case of a lift constructed or reconstructed after 1st June 1960 where the platform or cage is suspended by rope or chain, there shall be at least 2 ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments.
[19/78]
(8) In the case of a hoist or lift not connected with mechanical power —
(a)
subsection (7) shall not apply;
(b)
for subsection (4) the following subsection shall be substituted:
(c)
in subsection (2), for the reference to 6 months there shall be substituted a reference to 12 months.
(9) Every hoistway or liftway inside a building constructed or reconstructed after 1st June 1960 being a hoistway or liftway which passes through 2 or more floors, shall, subject to this subsection, be completely enclosed with fire-resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials except that any such hoistway or liftway shall be enclosed at the top only by some material easily broken in case of fire, or be provided with a vent at the top.
(10) For the purposes of this section —
(a)
no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides;
(b)
“lift” includes any lifting machine or appliance used for carrying persons, whether together with goods or otherwise.
[19/78]
(11) If it is shown to the satisfaction of the Minister that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoistway or liftway, the Minister may by order direct that such requirement shall not apply as respects that class or description.
30.
—(1) No lifting gear of whatever material shall be used unless it is of good construction, sound and suitable material, adequate strength, and free from patent defect, and is properly maintained.
(2) No lifting gear shall be used unless it has been tested and examined by an approved person and a certificate of such test and examination, specifying the safe working load and signed by the approved person, has been obtained and is kept available for inspection.
[2/95]
(3) Every lifting gear shall be thoroughly examined at least once in every 12 months by an approved person and a report of the result of every such examination in the prescribed form shall be prepared in duplicate and signed by the person making the examination.
(3A) One copy of the report shall be handed to the occupier of the factory and the other copy shall, within 28 days of the completion of the examination, be sent to the Chief Inspector.
(4) The provisions of subsection (2) as to testing and examining shall not apply to fibre ropes or fibre rope slings.
(5) Every lifting gear, except a rope or a rope sling, shall, unless of a class or description exempted by the Chief Inspector by notification in the Gazette, be annealed at least once in every 12 months or, in the case of chains used in connection with molten metal or molten slag, in every 6 months, so however that lifting gear not in regular use need be annealed only when necessary.
(6) No lifting gear shall be loaded beyond its safe working load except by an approved person or an inspector for the purpose of testing such gear.
(7) An inspector may at any time test any lifting gear and may prohibit its further use if not satisfied that it is safe for the use to which it is put.
(8) Neither the Government nor any inspector or approved person shall be liable for any damage done to any lifting gear in the course of any test.
31.
—(1) No lifting appliance or lifting machine shall be used unless —
(a)
it and every part of it including all working gear and all plant or gear used for anchoring or fixing the appliance or machine is of good construction, sound material, adequate strength and substance, and free from patent defect;
(b)
it is properly maintained; and
(c)
it has been tested and thoroughly examined by an approved person and a certificate of such test and examination specifying the safe working load and signed by the approved person has been obtained and is kept available for inspection.
[2/95]
(2) Every lifting appliance and every lifting machine shall be thoroughly examined at least once in every 12 months by an approved person and a report of the result of such examination in the prescribed form shall be prepared in duplicate and signed by the person making the examination.
(2A) One copy of the report shall be handed to the occupier of the factory and the other copy shall, within 28 days of the completion of the examination, be sent to the Chief Inspector, but where the examination shows that the lifting appliance or lifting machine cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the approved person shall forthwith send a copy of his report to the Chief Inspector.
(3) Every crane, crab and winch shall be provided with a readily accessible and efficient brake or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled while being lowered.
(3A) Every hand winch shall be fitted with an efficient pawl capable of sustaining the safe working load.
(4) Every lifting appliance and every lifting machine shall be plainly marked with its safe working load or loads and a distinctive number or other means of identification except that, 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 there shall be attached thereto so as to be clearly visible to the driver an accurate indicator showing the radius of the jib at any time and the safe working load corresponding to that radius.
(5) No lifting appliance and no lifting machine shall be loaded beyond its safe working load except by an approved person or an inspector for the purpose of testing such appliance or machine.
(6) No lifting appliance having a safe working load of more than 150 kilogrammes and no lifting machine shall be used unless it has been thoroughly examined by an approved person within an appropriate period determined by its construction and conditions of service so however that no such period shall exceed 12 months, and the particulars of that examination have been entered in the register kept in pursuance of section 32.
(7) Every lifting appliance and every lifting machine shall be adequately and securely supported and every rope, chain or wire and every part of a stage, framework or other structure and every mast, beam, pole or other article of plant supporting any part of a 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.
(8) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength, and have an even running surface.
(8A) All such rails or track shall be properly laid, adequately supported or suspended, and properly maintained.
(9) If any person is employed or working on or near the wheel tracks of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 6 metres of that place.
(10) If any person is employed or working otherwise than mentioned in subsection (9) but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by the crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with or dependent on the movements of the crane as to make a warning unnecessary.
(11) A lifting machine shall not be operated except by a person trained and competent to operate that machine but it shall be permissible for the machine to be operated by a person who is under the direct supervision of a qualified person for the purpose of training.
(11A) No person below the age of 18 years shall be employed to operate any lifting machine driven by mechanical power or to give signals to the operator of any such machine.
(12) An inspector may at any time test any lifting appliance or lifting machine and may prohibit its further use if not satisfied that it is safe for the use to which it is being put.
(13) Neither the Government nor any inspector or approved person shall be liable for any damage done to any lifting appliance or lifting machine in the course of any test.
32. A register containing the particulars set out in the Third Schedule shall be kept in the factory with respect to lifting gear, lifting appliances and lifting machines to which sections 30 and 31 apply.
33.
—(1) All places of work, floors, steps, stairs, passages, gangways and means of access shall —
(a)
be of sound construction and properly maintained; and
(b)
so far as it is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip.
[19/78]
(2) All openings in floors shall be securely fenced except in so far as the nature of the work renders such fencing impracticable.
(3) There shall, so far as is reasonably practicable, be provided and maintained safe means of access to and egress from every place at which any person has at any time to work and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there.
[5/84]
(4) For every staircase in a building or affording a means of exit from a building, a substantial handrail shall be provided and maintained, which, if the staircase has an open side, shall be on that side, and, in the case of a staircase having 2 open sides, such a handrail shall be provided and maintained on both sides.
(4A) Any open side of a staircase shall be guarded by the provision and maintenance of a lower rail or other effective means.
(5) All ladders shall be —
(a)
soundly constructed and properly maintained; and
(b)
securely fixed, or held by a person, to prevent them from slipping.
[19/78]
(6) Sufficient clear and unobstructed space shall be maintained at every machine while in motion to enable the work to be carried on without unnecessary risk.
(7) Where any person has to work at a place from which he would be liable to fall a distance of more than 3 metres or into any substance which is likely to cause drowning or asphyxiation, a secure foothold and handhold shall be provided so far as practicable at the place for ensuring his safety.
[5/84]
(8) Where it is not practicable to provide a secure foothold and handhold as required under subsection (7), other suitable means such as a safety belt and fencing shall be provided for ensuring the safety of every person working at such places.
[5/84]
(9) Where a safety belt is provided pursuant to subsection (8), there shall be sufficient and secured anchorage, by means of life line or otherwise for the safety belt, and the anchorage shall not be lower than the level of the working position of the person wearing the safety belt.
[5/84]
(10) No person shall require, permit or direct any person to work at a place from which he would be liable to fall a distance of more than 3 metres or into any substance which is likely to cause drowning or asphyxiation unless the requirements of subsection (7) or (8) have been complied with.
[5/84]
(11) Every teagle opening or similar doorway used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced, and shall be provided with a secure handhold on each side of the opening or doorway.
(11A) The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position.
(12) All goods, articles and substances which are stored, stacked or placed in a factory shall be stored, stacked or placed —
(a)
in such manner as not to interfere with the adequate distribution of natural or artificial light, the proper operation of machines 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;
(b)
on firm foundations not liable to settle and in such manner as not to overload the floors;
(c)
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,
and shall not be stored, stacked or placed against a wall or partition unless the wall or partition is of sufficient strength to withstand the pressure.
(13) The foundation and floor of every factory shall be of sufficient strength to sustain the loads for which it is designed and no foundation or floor shall be overloaded.
(13A) The roof of every factory shall be of sufficient strength to carry where necessary suspended loads.
(14) Where persons are exposed to the risk of falling into water and of drowning, there shall be provided —
(a)
equipment and means of rescuing and resuscitating drowning persons; and
(b)
suitable life jackets or other equipment for keeping such persons afloat in the event that they fall into the water.
[19/78]
(15) The equipment referred to in subsection (14) shall be properly maintained and kept free from defects at all times.
[19/78]
34.
—(1) Subsections (2) to (8) shall have effect where work in any factory has to be done inside any chamber, tank, vat, pit, pipe, flue or confined space, in which —
(a)
dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby; or
(b)
the supply of air is inadequate, or is likely to be reduced to be inadequate, for sustaining life.
[19/78]
(2) The confined space shall, unless there is other adequate means of ingress, be provided with a manhole, which may be rectangular, oval or circular in shape, and shall be not less than 457 millimetres long and 406 millimetres wide or (if circular) not less than 457 millimetres in diameter, or in the case of tank wagons and other mobile plant, not less than 406 millimetres long and 355 millimetres wide or (if circular) not less than 406 millimetres in diameter.
(3) Subject to subsection (4), no person shall enter or remain and no person shall require, instruct or direct any person to enter or remain in the confined space for any purpose unless the person entering or remaining in the confined space is wearing a suitable breathing apparatus and has been authorised to enter by a competent person, and, where practicable, he is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out is holding the free end of the rope.
[19/78]
(4) Where the confined space has been certified by a competent person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, subsection (3) shall not apply, but no person shall enter or remain in the space unless he has been warned when that period will expire.
[19/78]
(5) A confined space shall not be certified under subsection (4) unless —
(a)
effective steps have been taken to prevent any ingress of dangerous fumes;
(b)
any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and
(c)
the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate to sustain life,
but no account shall be taken for the purposes of paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.
[19/78]
(6) A record shall be kept of every test made pursuant to subsection (5) and be kept available at all times for inspection.
[19/78]
(7) There shall be provided and kept readily available a sufficient supply of suitable breathing apparatus, of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts and ropes shall be maintained and shall be thoroughly examined, at least once a month or at such other intervals as may be prescribed, by a competent person.
(7A) A report on every such examination, signed by the person making the examination and containing the prescribed particulars, shall be kept available for inspection.
(8) A sufficient number of the persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (7) and in a method of restoring respiration.
(9) No person shall enter or remain in, and no person shall require, permit or direct any other person to enter or remain in, any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either —
(a)
he is wearing a suitable breathing apparatus; or
(b)
the space has been and remains adequately ventilated and a competent person has tested and certified it as containing an adequate supply of oxygen and safe for entry without breathing apparatus.
[19/78]
35.
—(1) Where, in connection with any process giving rise to dust, gas, vapour or substance, there may escape into any workplace dust, gas, vapour or substance, of such a character and to such an extent as to be liable to explode on ignition, all practical steps shall be taken to prevent such an explosion —
(a)
by enclosure of the plant used in the process;
(b)
by removal or prevention of accumulation of the dust, gas, vapour or substance;
(c)
by exclusion or effective enclosure of possible sources of ignition; and
(d)
by the use of suitable flame-proof equipment.
[19/78; 5/84]
(2) Where there is present in any plant used in any such process as aforesaid dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision, in connection with the plant, of chokes, baffles and vents, or other equally effective appliances.
(3) Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions:
(a)
before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into such pipe shall be effectively stopped by a stop-valve or otherwise; and
(b)
before any such fastening is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure,
and if any such fastening has been loosened or removed, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured or, as the case may be, securely replaced.
(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected —
(a)
to any welding, brazing or soldering operation;
(b)
to any cutting operation which involves the application of heat; or
(c)
to 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 practicable steps have been taken to remove the substance and any fumes arising from it, or to render them non-explosive or non-inflammable.
(4A) If any plant, tank or vessel has been subjected to any such operation, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.
(5) No plant, tank or vessel which contains, or has contained, any explosive or inflammable substance shall be subjected to any of the operations referred to in subsection (4)(a), (b) or (c) unless such plant, tank or vessel has been inspected and certified by a competent person —
(a)
to be free from any explosive or inflammable substance or from any fumes arising from any such substance, or that the substance or any fumes arising from it have been rendered non-explosive or non-inflammable; and
(b)
that it is safe for any such operations to be carried out.
[19/78]
(6) Any certificate issued by a competent person pursuant to subsection (5) shall be kept available at all times for inspection by an inspector.
[19/78]
(7) The Chief Inspector may by a certificate in writing grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (3) and (4) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.
(8) In this section, “tank” includes any pipe and valve thereof and all its fittings and attachments.
[5/84]
36.
—(1) Every steam boiler and every part thereof and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.
[5/84]
(2) Every steam boiler, whether separate or one of a range —
(a)
shall have attached to it —
(i)
a suitable safety valve (separate from and incapable of being isolated by any stop-valve), which shall be so adjusted as to prevent the boiler from being worked at a pressure greater than the safe working pressure and which shall be fixed directly to, or as close as practicable to, the boiler;
(ii)
a suitable stop-valve connecting the boiler to the steam pipe;
(iii)
a correct steam pressure gauge, connected to the steam space and easily visible by the boiler attendant, which shall indicate the pressure of steam in the boiler or have marked upon it, in a distinctive colour, the safe working pressure;
(iv)
at least one water gauge of transparent material or other type approved by the Chief Inspector to show 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, the gauge shall be provided with an efficient guard, but not so as to obstruct the reading of the gauge;
(v)
where it is one of 2 or more boilers, a plate bearing a distinctive number which shall be easily visible;
(b)
shall be provided with means for attaching a test pressure gauge; and
(c)
shall be provided with a suitable fusible plug or an efficient low-water alarm device.
[2/86; 2/95]
(3) Subsection (2)(a)(ii) shall not apply with respect to economisers, and subsections (2)(a)(iii), (iv) and (v), (2)(b) and (2)(c) shall not apply with respect to either economisers or superheaters.
(4) For the purposes of subsection (2), a lever-valve shall not be deemed a suitable safety valve.
(5) No steam boiler shall be operated except by or under the control of a person who is the holder of a certificate of competency issued under any regulations made under this Act.
(6) No person shall enter or be in any steam boiler which is one of a range of 2 or more steam boilers unless —
(a)
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
(b)
all valves or taps controlling such entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering 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.
(7) No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.
(8) Every steam boiler and all its fittings and attachments shall be thoroughly examined by an authorised boiler inspector at least once in every period of 12 months, and also after any extensive repairs except that such authorised boiler inspector may, in his discretion, arrange to make the examination up to one month after the 12 months have expired.
(9) The Chief Inspector may, if he thinks fit, by a certificate in writing authorise, subject to any conditions specified in the certificate, a period exceeding 12 months within which the examination under subsection (8) is to be made.
[5/84]
(10) Any examination in accordance with the requirements of subsection (8) shall consist —
(a)
firstly, of an examination of the boiler when it is cold and the interior and the exterior have been prepared in the prescribed manner; and
(b)
secondly, except in the case of an economiser or superheater, of an examination when it is under normal steam pressure; the examination under steam pressure shall be made as soon as possible after the examination of the boiler when cold, and the person making the examination shall see that the safety valve is so adjusted as to prevent the boiler from being worked at a pressure greater than the safe working pressure.
[2/95]
(11) A report of the result of every such examination, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure and such other conditions as may be necessary for the safe working of the boiler), shall be prepared in duplicate and signed by the person making the examination.
[2/95]
(12) A copy of such report shall be handed to the occupier of the factory and the other copy shall, within 28 days of the completion of the examination, be sent to the Chief Inspector, but where the examination shows that the steam boiler is not safe for use unless certain repairs are carried out immediately or within a specified time, the authorised boiler inspector shall forthwith send a copy of his report to the Chief Inspector.
[2/95]
(13) For the purposes of subsections (11) to (16) relating to reports of examinations, the examination of a boiler when it is cold and its examination when it is under steam pressure shall be treated as separate examinations.
(14) No steam boiler shall be taken into use in any factory unless —
(a)
an application containing the particulars set out in the Eighth Schedule , including a layout plan of the boiler room, is made to the Chief Inspector who may upon receipt of the application assign an authorised boiler inspector to carry out such examination and test on the boiler as the Chief Inspector considers necessary;
(b)
a report of the examination and test, specifying the safe working pressure of the boiler and stating the nature of the tests to which the boiler and its fittings have been submitted, issued by the authorised boiler inspector has been obtained and is kept available for inspection;
(c)
the boiler is so marked as to enable it to be identified as the boiler to which the report refers; and
[2/95]
(d)
the layout of the boiler room is acceptable to the Chief Inspector.
(15) Where the report of any examination under this section specifies conditions for securing the safe working of a steam boiler, the boiler shall not be used except in accordance with those conditions.
(16) Any person, who for the purposes of this section desires that an examination or test of a steam boiler should be carried out by any authorised boiler inspector who is an inspector, shall notify the Chief Inspector accordingly and, on payment by that person of the prescribed fee, the Chief Inspector may instruct any authorised boiler inspector who is an inspector to carry out the examination or test.
[2/95]
(17) This section shall not apply to any boiler of a locomotive which is the property of or used by the Malayan Railway.
37.
—(1) Every steam receiver and every part thereof and all its fittings shall be of good construction, sound material, adequate strength, and free from patent defect, and shall be properly maintained.
[2/86]
(2) Every steam receiver, not so constructed and maintained as to withstand with safety the safe working pressure of the boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any source of supply, shall be fitted with —
(a)
a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure of the receiver being exceeded;
(b)
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;
(c)
a correct steam pressure gauge, which shall indicate the pressure of steam in the receiver;
(d)
a suitable stop-valve; and
(e)
except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible,
and the safety valve and pressure gauge shall be fitted either 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 being exceeded.
[2/95]
(3) For the purpose of subsection (2), except paragraph (e) thereof, any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver.
(3A) For the purpose of subsection (2), except paragraphs (d) and (e) thereof, any other set of receivers supplied with steam through a single pipe may be treated as one receiver but this subsection and subsection (3) shall not apply to any such set of receivers unless the reducing valve or other appliance to prevent the safe working pressure being exceeded is fitted on that single pipe.
(4) Every steam receiver and all its fittings shall be thoroughly examined by an authorised boiler inspector, so far as the construction of the receiver permits, at least once in every 24 months.
(5) The Chief Inspector may, if he thinks fit, by a certificate in writing authorise, subject to any conditions specified in the certificate, a period exceeding 24 months within which the examination under subsection (4) is to be made.
[5/84]
(6) A report of the result of every such examination, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure), shall be prepared in duplicate and signed by the person making the examination.
[2/95]
(7) Subsections (12), (14) and (16) of section 36 shall apply, with the necessary modifications, to a steam receiver as they apply to a steam boiler and the reference to steam boiler in those subsections shall be read as a reference to steam receiver.
[2/95]
(8) Every steam container shall be so maintained as to secure that the outlet is at all times kept open and free from obstruction.
38.
—(1) Every cast-iron underfired vulcaniser and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defects, and shall be properly maintained.
[2/86]
(2) Every cast-iron underfired vulcaniser shall have attached to it —
(a)
a suitable safety valve (separate from and incapable of being isolated by any stop-valve), which shall be so adjusted as to prevent the vulcaniser from being worked at a pressure greater than the safe working pressure and which shall be fixed directly to or as close as practicable to the vulcaniser;
(b)
a correct steam pressure gauge connected to the steam space and easily visible, which shall indicate the pressure of steam in the vulcaniser or have marked upon it, in a distinctive colour, the safe working pressure;
(c)
a water gauge of transparent material or other type approved by the Chief Inspector to show the water level in the vulcaniser, and if the gauge is of the glass tubular type and the working pressure in the vulcaniser normally exceeds 275 kilo-newtons per square metre, the gauge shall be provided with an efficient guard, but not so as to obstruct the reading of the gauge;
(d)
where there are 2 or more vulcanisers in use in the same premises, a plate bearing a distinctive number which shall be easily visible.
[2/95]
(3) The working pressure of a cast-iron underfired vulcaniser shall not exceed 413 kilo-newtons per square metre.
(4) No cast-iron underfired vulcaniser shall be used to supply steam to another vulcaniser or other receiver external to the vulcaniser.
(5) Every cast-iron underfired vulcaniser and all its fittings and attachments shall be thoroughly examined by an authorised boiler inspector at least once in every 12 months, and also after any extensive repairs except that the authorised boiler inspector may, in his discretion, arrange to make the examination up to one month after the 12 months have expired.
(6) Any examination in accordance with the requirements of subsection (5) shall consist —
(a)
firstly, of an examination of the vulcaniser when it is cold; and
(b)
secondly, of an examination under normal steam pressure; the examination under normal steam pressure shall be made as soon as possible after the examination of the vulcaniser when cold, and the person making the examination shall see that the safety valve is so adjusted as to prevent the vulcaniser from being worked at a pressure greater than the safe working pressure.
[2/95]
(7) A report of the result of every such examination in the prescribed form shall be prepared in duplicate and signed by the person making the examination.
[2/95]
(8) Subsections (12), (14) and (16) of section 36 shall apply, with the necessary modifications, to a cast-iron underfired vulcaniser as they apply to a steam boiler and the reference to steam boiler in those subsections shall be read as a reference to cast-iron underfired vulcaniser.
[2/95]
(9) Where the report of any examination under this section specifies conditions for securing the safe working of a cast-iron underfired vulcaniser, the vulcaniser shall not be used except in accordance with those conditions, and in no case shall the safe working pressure exceed 413 kilo-newtons per square metre.
[2/95]
39.
—(1) Every air receiver and its fittings shall be of sound construction and properly maintained.
[2/86]
(2) Every air receiver shall —
(a)
have marked upon it, so as to be plainly visible, the safe working pressure;
(b)
in the case of a receiver connected with an air compressing plant, either 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 being exceeded;
(c)
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;
(d)
be fitted with an accurate pressure gauge indicating the pressure in the receiver;
(e)
be fitted with a suitable appliance for draining the receiver (except a receiver in which substance in the form of solid or liquid is stored and from which it is forced by compressed air);
(f)
be provided with a suitable manhole, handhole or other means which will allow the interior to be thoroughly cleaned; and
(g)
where there is more than one receiver in use in the factory, bear a distinguishing mark which shall be easily visible.
(3) For the purpose of subsection (2), relating to safety valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver.
(3A) Where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, subsection (3) shall not apply unless the valve or appliance is fitted on the single pipe.
(4) Every air receiver shall be thoroughly cleaned and examined at least once in every 24 months except that in the case of a receiver of solid drawn construction, if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.
(5) The Chief Inspector may, if he thinks fit, by a certificate in writing authorise, subject to any conditions specified in the certificate, a period exceeding 24 months within which the examination under subsection (4) is to be made.
[5/84]
(6) Every examination and test referred to in subsections (4) and (7) shall be carried out by an authorised boiler inspector, and a report of the result of every such examination and test, in the prescribed form and containing the prescribed particulars (including particulars of the safe working pressure), shall be prepared in duplicate and signed by the person making the examination.
[2/95]
(7) Subsections (12), (14) and (16) of section 36 shall apply, with the necessary modifications, to an air receiver as they apply to a steam boiler and the reference to steam boiler in those subsections shall be read as a reference to air receiver.
[2/95]
(8) Section 36(14) as made applicable by subsection (7) shall not apply to any air receiver that has been examined and reported on in accordance with subsection (6) and the owner of the air receiver is not the occupier of the factory to which the air receiver is taken into use.
[2/95]
(9) No air receiver shall be charged from the cylinder of an internal combustion engine.
40.
—(1) No refrigerating plant pressure receiver shall be taken into use in any factory unless —
(a)
an application containing the particulars set out in the Eighth Schedule is made to the Chief Inspector who may upon receipt of the application assign an authorised boiler inspector to carry out such examination and test on the receiver as the Chief Inspector may consider necessary;
(b)
a report of the examination and test, specifying the safe working pressure of the receiver and stating the nature of the tests to which the receiver and its fittings have been submitted, issued by the authorised boiler inspector has been obtained and is kept available for inspection; and
(c)
the receiver is so marked as to enable it to be identified as the receiver to which the report refers.
[2/95]
(2) Subsection (16) of section 36 shall apply, with the necessary modifications, to a refrigerating plant pressure receiver as it applies to a steam boiler and the reference to steam boiler in that subsection shall be read as a reference to refrigerating plant pressure receiver.
[2/95]
41. Every pressure vessel which contains any corrosive, toxic, explosive or inflammable substance, and every part thereof and all its fittings and attachments, shall be of good construction, sound material, adequate strength, and free from patent defect and shall be properly maintained.
[5/84]
42. Every pipeline, pump, compressor and other equipment which are used to convey steam, air, refrigerant or any corrosive, toxic, explosive or inflammable substance, and every part thereof and all fittings and attachments thereto, shall be of good construction, sound material, adequate strength, and free from patent defect and shall be properly maintained.
[5/84]
43. The Minister may, by order published in the Gazette, exempt, subject to such conditions as may be specified in the order, from any of the provisions of sections 36, 37, 38, 39 and 40 any class or type of pressure vessel to which he is satisfied that such provision cannot reasonably be applied.
44.
—(1) All gas plants shall be of sound construction and properly maintained.
(2) The Minister may make regulations specifying the nature of any gas plant that may be used, the type of fittings and pipes that may be used in all or any types of gas plant, and may in such regulations make provision for the inspection of gas plants and the prohibition of their use if they contravene or do not comply with any of the provisions of such regulations.
(4) Every water-sealed gasholder which has a storage capacity of not less than 25 cubic metres shall be thoroughly examined externally by a competent person at least once in every 2 years and a record containing the prescribed particulars of every such examination shall be entered in or attached to a register.
(5) No gasholder shall be repaired or demolished except under the direct supervision of a person who, by his training and experience and his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise such work.
(6) No gas filling shall be allowed except under the direct supervision of a person who, by his training and experience and his knowledge of the necessary precautions against any risk, is competent to supervise such work.
(7) No gas cylinder for corrosive gases shall be filled unless it has been examined or tested by a competent person at least once within a period of 2 years and no gas cylinder for other gases shall be filled unless it has been examined or tested by a competent person at least once within a period of 5 years and the result of such examination or test shall be entered into a register and kept for inspection by an inspector.
(8) In this section —
“gas” includes any gas whether in its gaseous or liquid state;
“gas plant” means any plant, apparatus or machine for the manufacture or storage of gas and includes pipes and appliances used in carrying the gas to the place where it is to be used.
45. Where the repair of any pressure vessel would if improperly carried out be likely to cause a dangerous occurrence, no repair of the pressure vessel shall be executed without the prior approval of the Chief Inspector given in writing.
46.
—(1) All practical steps shall be taken to keep sources of heat or ignition separate from inflammable materials or any process giving rise to any inflammable gas or vapour.
[19/78]
(2) In every factory, there shall be provided and maintained, so as to be readily accessible, means of extinguishing fire, which shall be adequate and suitable having regard to the circumstances of each case.
(3) The means of extinguishing fire provided in accordance with subsection (2) shall be tested at regular intervals by a competent person.
47.
—(1) Every factory shall be provided with such means of escape in case of fire for the persons employed therein as may be reasonably required in the circumstances of each case.
(2) All such means of escape as aforesaid shall be properly maintained and kept free from obstruction.
(3) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passageway for all persons employed in a room to a means of escape in case of fire.
(4) While any person is within a factory for the purpose of employment, the doors of the factory, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside.
(5) In every factory, all doors affording means of exit from the factory for the persons employed therein shall, except in the case of sliding doors, be constructed to open outwards.
(6) Every exit affording means of escape in case of fire or giving access to such means of escape shall be conspicuously marked with an exit sign of an adequate size bearing the word “EXIT” in green on a white background or in white on a green background.
(7) In every factory, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use, and with the routine to be followed in case of fire.
(8) In every factory, effective warning devices, capable of being operated without exposing any person to undue risk, shall be provided, maintained and tested at least once every month giving warning in case of fire, which shall be clearly audible throughout the factory.
47A.
—(1) No work specified in the Twelfth Schedule shall commence in any factory unless —
(a)
the hazards to which persons at the workplace could be exposed as a result of such work have been identified;
(b)
the injury or harm that could arise from the hazards referred to in paragraph (a) have been identified;
(c)
safe work procedures are implemented; and
(d)
steps are taken to ensure that all persons involved in such work are familiar with the safe work procedures.
(2) The safe work procedures referred to in subsection (1) shall include —
(a)
the provision of personal protective equipment; and
(b)
the safety precautions to be taken in the course of work and during an emergency.
(3) Appropriate measures shall be taken in a factory —
(a)
to reduce and, where possible, eliminate the hazards identified under subsection (1); and
(b)
to inform all persons working at the workplace of the means to reduce and, where possible, eliminate the hazards identified under subsection (1).
(4) A written description of the safe work procedures referred to in subsection (1) shall be kept by the occupier of the factory or the employer, as the case may be, and be produced to the inspector for inspection when requested.
(5) Every person in the factory shall observe and comply with the safe work procedures referred to in subsection (1).
48. [Repealed by Act 1/2000 wef 01/03/2000]
49.
—(1) If the Chief Inspector is satisfied that —
(a)
any factory or part of a factory is in such condition, or is so placed, or any part of the machinery or plant in the factory is so used, that any process or work carried on in the factory cannot be carried on with due regard to the safety, health and welfare of the persons employed; or
(b)
any process or work is carried on or anything is or has been done in any factory in such a manner as to cause risk of bodily injury,
he may by order direct the occupier of the factory —
(i)
to take such steps as may be specified in the order, to remedy the danger to the satisfaction of the Chief Inspector; or
(ii)
to cease forthwith the carrying on of any process or work indefinitely or until such steps have been taken as may be specified in the order to enable the process or work to be carried on with due regard to the safety, health and welfare of persons employed.
(2) The occupier of a factory who fails to comply with any order under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part thereof during which the offence continues after conviction.
(3) Where the occupier of a factory fails to comply with any order under subsection (1), the Chief Inspector may —
(a)
at all reasonable times enter upon the premises of the factory and take such measures and do such work as may be necessary to comply with the order; and
(b)
take appropriate measures to prevent unauthorised entry to any area or unauthorised access to any machinery affected by the order.
(4) Any costs and expenses incurred by the Chief Inspector under subsection (3) may be recovered as a debt due to the Government from the occupier of the factory.
(5) Where the Chief Inspector has taken measures under subsection (3)(b) in respect of any area or machinery, any person who, knowing that such measures have been taken, enters that area or gains access to that machinery without the authorisation of the Chief Inspector shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(6) A police officer or an inspector authorised in writing by the Chief Inspector may arrest without warrant any person who has committed an offence under subsection (5) and take him before a Magistrate’s Court to be dealt with according to law.
(7) Section 88(4) to (9) shall apply, with the necessary modifications, to a person arrested in accordance with subsection (6).
50.
—(1) Any person aggrieved by an order made by the Chief Inspector under section 49 may, within 14 days of the order, appeal to the Minister who may rescind or vary the order.
[5/84]
(2) Notwithstanding that an appeal has been made under subsection (1), the aggrieved person shall comply with the order pending the outcome of the appeal and the Chief Inspector may exercise the powers conferred by section 49(3).
51.
—(1) Where —
(a)
an accident in a factory —
(i)
causes loss of life to a person employed in the factory;
(ii)
disables any such person for more than 3 days from earning full wages at the work at which he was employed; or
(iii)
causes any injury to any such person which requires such person to be detained in a hospital for at least 24 hours for observation or treatment; or
(b)
a dangerous occurrence takes place in a factory,
written notice thereof in the form set out in the Ninth Schedule shall be sent forthwith to the Chief Inspector by the occupier of the factory.
[19/78]
(2) Where a person employed is involved in an accident or a dangerous occurrence and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, instead of the occupier of the factory, forthwith send a written notice thereof in the form set out in the Ninth Schedule to the Chief Inspector.
(3) Where an accident causing incapacity is notified under this section, and after notification thereof the person incapacitated dies, written notice of the death shall be sent to the Chief Inspector by the occupier of the factory or the employer of that person, as the case may be, as soon as the death comes to his knowledge.
52. Upon receipt of information of an accident or dangerous occurrence, the Chief Inspector may, if he thinks it necessary, instruct an inspector to visit the place where the accident or dangerous occurrence has taken place to make an investigation of the circumstances and record in writing his findings upon such investigation.
[2/95]
53.
—(1) No alteration or addition shall, without the consent of the Chief Inspector, be made to —
(a)
any machinery, equipment, plant or article which may have contributed to cause an accident resulting in the death of any person or a dangerous occurrence; or
(b)
the site of the fatal accident or the dangerous occurrence.
(2) Nothing in subsection (1) shall operate to interfere with rescue work or work necessary for the general safety of life and property.
[19/78]
(3) It shall be presumed, unless it is proved to the contrary, that any alteration or addition as is referred to in subsection (1) has been made by the occupier of the factory, unless the occupier is not the employer of the injured or deceased person.
54.
—(1) If it appears desirable as a result of an investigation held under section 52, the Chief Inspector shall furnish a full report of an accident or a dangerous occurrence to the Minister.
(1A) The Minister may where he considers it expedient to do so, direct a Magistrate, with one or more assessors appointed by the Minister, to hold an inquiry into the accident or dangerous occurrence in a factory and of its causes and circumstances and subsections (2) to (7) shall have effect with respect to any such inquiry.
[19/78]
(2) The Magistrate and the assessors so appointed shall hold the inquiry in open court in such manner and under such conditions as they think most effectual for ascertaining the causes and circumstances of the accident or the dangerous occurrence, and for enabling them to make the report required by this section.
(3) The Magistrate and the assessors shall have for the purposes of the inquiry all the powers of a Magistrate’s Court when trying offences under this Act and all the powers of an inspector under this Act, and, in addition, power —
(a)
to enter and inspect any place or building, the entry or inspection of which appears to them requisite for the purposes of the inquiry;
(b)
by summons signed by the Magistrate to require attendance of all such persons as the Magistrate and the assessors think fit to call before them and examine and to require answers or returns to such inquiries as they think fit to make;
(c)
to require the production of all books, papers and documents which the Magistrate and the assessors consider important for the purposes of the inquiry; and
(d)
to administer oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.
(4) The Magistrate and the assessors shall make a report to the Minister stating the causes and circumstances of the accident or dangerous occurrence and its circumstances, and adding any observations which the Magistrate and the assessors think right to make.
(4A) If the Magistrate is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident or dangerous occurrence, he shall also forward to the Public Prosecutor a copy of the report.
(5) Any person who without reasonable excuse (proof whereof shall lie on him) either fails to comply with any summons, order or requisition of the Magistrate, or prevents or impedes the Magistrate and the assessors in the execution of their duties shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(6) The Minister may cause the report of the Magistrate and the assessors to be made public at such time and in such manner as he thinks fit.
(7) The Chief Inspector may suspend the certificate of competency of any person pending an inquiry under this section and any criminal proceedings that may ensue, and for the period of suspension the person suspended shall deliver up his certificate of competency to the Chief Inspector and shall not take or be in control of any steam boiler.
(8) Any court, or, upon consideration of the finding of an inquiry under this section, the Minister, may suspend for such period as the court or the Minister, as the case may be, thinks fit or cancel the certificate of competency of any person, and no person whose certificate of competency has been so suspended or cancelled under this subsection shall take or be in control of any steam boiler during the period of the suspension or cancellation.