PART III | GENERAL PROVISIONS RELATING TO SAFETY |
| 11. Subject to regulation 13, it shall be the duty of the occupier of a workplace to ensure that in every workplace where a prime mover is used, every flywheel connected to the prime mover and every moving part of the prime mover is securely fenced, whether the flywheel or prime mover is situated in the engine house or not. [S 517/2011 wef 10/09/2011] |
| Electric generator, motor, transmission machinery, etc. |
12.—(1) Subject to regulation 13, it shall be the duty of the occupier of a workplace to ensure that every dangerous part (including any flywheel) of any electric generator, motor, transmission machinery or other machinery in the workplace is securely fenced unless the dangerous part of the generator, motor or machinery —| (a) | 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 [S 517/2011 wef 10/09/2011] | | (b) | 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. [S 517/2011 wef 10/09/2011] |
| (2) It shall be the duty of the occupier of a workplace to ensure that in any room or place in the workplace where transmission machinery is used, there is provided and maintained efficient devices or appliances in that room or place by which the power can promptly be cut off from the transmission machinery. [S 517/2011 wef 10/09/2011] |
| (3) Without prejudice to the generality of paragraph (1), it shall be the duty of the occupier of a workplace to ensure that any part of a stock-bar used in a workplace which projects beyond the headstock of a lathe is securely fenced or is otherwise made safe to every person at work in the workplace. [S 517/2011 wef 10/09/2011] |
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| Removal of fencing from machinery |
13.—(1) Subject to paragraph (2), the fencing or other effective means referred to in regulations 11 and 12(1) which are used to render machinery safe may be removed to such extent as is necessary when —| (a) | a person is carrying out in the workplace, while the part of machinery is in motion —| (i) | any examination of the machinery or part of the machinery; or | | (ii) | 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 |
[S 517/2011 wef 10/09/2011] | | (b) | 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 —| (i) | 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 [S 517/2011 wef 10/09/2011] | | (ii) | 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. [S 517/2011 wef 10/09/2011] |
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(2) Paragraph (1) shall only apply where —| (a) | the relevant examination, lubrication or other operation is carried out by a person who —| (i) | has attained the age of 18 years; [S 517/2011 wef 10/09/2011] | | (ii) | 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 | | (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 an emergency, is immediately available within sight or hearing of the person carrying out the relevant examination, lubrication or other operation; and | | (c) | 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. |
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| Electrical installation and equipment |
14.—(1) It shall be the duty of the occupier of a workplace to ensure that every electrical installation and electrical equipment in the workplace —| (a) | is of good construction, sound material and free from defects; and | | (b) | is used and maintained in such manner so that it is safe to use. [S 517/2011 wef 10/09/2011] |
| (2) It shall be the duty of the occupier of a workplace to ensure that all reasonably practicable measures are taken to protect any person against the risks of electric shock arising from or in connection with the use at work of any electrical installation or equipment in the workplace. [S 517/2011 wef 10/09/2011] |
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| Construction and maintenance of fencing or other safeguards |
15.—(1) It shall be the duty of the occupier of a workplace to ensure that all fencing or other safeguards required to be provided for the purposes of regulations 11 and 12 are —| (a) | of substantial construction; | | (b) | properly maintained; and | | (c) | 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. [S 517/2011 wef 10/09/2011] |
(2) Paragraph (1)(c) shall not apply where —| (a) | 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 | | (b) | all the conditions specified in regulation 13(2) are complied with. |
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| 16.—(1) It shall be the duty of the occupier of a workplace to establish and implement lock-out procedures relating to the inspection, cleaning, repair or maintenance of any plant, machinery, equipment or electrical installation in the workplace that, if inadvertently activated or energised, is liable to cause bodily injury to any person. [S 517/2011 wef 10/09/2011] | (2) It shall be the duty of the occupier of a workplace to ensure that every person carrying out any inspection, cleaning, repair or maintenance of any plant, machinery, equipment or electrical installation in the workplace is fully instructed on the lock-out procedures for that work before commencing that work. [S 517/2011 wef 10/09/2011] |
(3) In this regulation, “lock-out procedures” means a set of procedures —| (a) | to ensure that all energy sources to the relevant plant, machinery, equipment or electrical installation are isolated, disconnected or discharged; and | | (b) | to prevent any part of the plant, machinery, equipment or electrical installation from being inadvertently activated or energised. |
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| Protective measures relating to tanks, structures, sumps or pits containing dangerous substances |
17.—(1) Where any tank, structure, sump or pit in a workplace contains any scalding, burning, corrosive or toxic liquid and the edge of the tank, structure, sump or pit is less than one metre above the highest ground or platform from which a person might fall into it, it shall be the duty of the occupier of the workplace to ensure that —| (a) | 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 | | (b) | 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. [S 517/2011 wef 10/09/2011] |
(2) Where any tank, structure, sump or pit in a workplace contains any scalding, burning, corrosive or toxic liquid but is not securely covered, it shall be the duty of the occupier of the workplace to ensure that no ladder, stair or gangway is placed above, across or inside it unless the ladder, stair or gangway is —| (a) | at least 500 millimetres wide; and | | (b) | securely fenced to a height of at least one metre and securely fixed. [S 517/2011 wef 10/09/2011] |
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(3) Where any such tank, structure, sump or pit in a workplace referred to in paragraph (2) adjoins another tank, structure, sump or pit, and —| (a) | the space between them, clear of any surrounding brick or other work, is less than 500 millimetres in width; or | | (b) | 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. |
[S 517/2011 wef 10/09/2011] |
| (4) For the purposes of this regulation, a ladder, stair or gangway shall not be considered to be securely fenced unless it is provided either with sheet fencing or with an upper and a lower rail and toe boards. |
(5) Where any tank, structure, sump or pit in a workplace contains any scalding, burning, corrosive or toxic liquid, it shall be the duty of the occupier of the workplace to ensure that a warning notice indicating the nature of the danger and in a form readily understood by persons at work in that workplace —| (a) | is marked on or attached to the tank, structure, sump or pit; or | | (b) | if this is not reasonably practicable, is posted nearby. [S 517/2011 wef 10/09/2011] |
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| 18.—(1) It shall be the duty of the occupier of a workplace to take all reasonably practicable steps to ensure that any self-acting machine in the workplace poses no risk to the safety and health of any person working in the workplace. [S 517/2011 wef 10/09/2011] (2) The reasonably practicable steps include the following:| (a) | 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; | | (b) | 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 [S 517/2011 wef 10/09/2011] | | (c) | 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. |
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19.—(1) No hoist or lift shall be used in a workplace unless an authorised examiner has —| (a) | tested and examined the hoist or lift after its installation; and | | (b) | issued and signed a certificate of test and examination, specifying the safe working load of the hoist or lift. [S 517/2011 wef 10/09/2011] |
| (2) The certificate of test and examination referred to in paragraph (1)(b) shall be kept available for inspection. |
| (3) Subject to paragraph (10)(c), every hoist or lift used in a workplace shall be thoroughly examined by an authorised examiner at least once every 6 months or at such other intervals as the Commissioner may determine. [S 517/2011 wef 10/09/2011] |
| (4) Every hoistway or liftway used in a workplace shall be efficiently protected by a substantial enclosure fitted with gates that will, when the gates are shut, prevent any person from falling down the way or coming into contact with any moving part of the hoist or lift. [S 517/2011 wef 10/09/2011] |
(5) Subject to paragraph (10)(b), any gate referred to in paragraph (4) shall be fitted with efficient interlocking or other devices to ensure that —| (a) | the gate cannot be opened except when the cage or platform is at the landing; and | | (b) | the cage or platform cannot be moved away from the landing until the gate is closed. |
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(6) Every hoist or lift and every enclosure referred to in paragraph (4) shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between —| (a) | any part of the hoist or lift and any fixed structure; or | | (b) | the counterbalance weight and any other moving part of the hoist or lift. |
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| (7) Every hoist or lift shall be marked conspicuously with the maximum working load which it can safely carry. |
| (8) No hoist or lift shall be used in a workplace to carry a load exceeding its maximum working load. [S 517/2011 wef 10/09/2011] |
(9) The following additional requirements shall apply to lifts used in a workplace:| (a) | efficient automatic devices shall be provided and maintained to prevent the cage or platform from over-running; | | (b) | 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 —| (i) | cannot be raised or lowered unless all the gates are closed; and | | (ii) | will come to rest when a gate is opened; and |
| | (c) | where the cage or platform of the lift is suspended by rope or chain —| (i) | 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 | | (ii) | 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. [S 517/2011 wef 10/09/2011] |
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(10) In the case of a hoist or lift used in a workplace which is not powered with mechanical power —| (a) | paragraph (9) shall not apply; | | (b) | 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 | | (c) | a thorough examination of the hoist or lift shall be carried out at least once every year by an authorised examiner. [S 517/2011 wef 10/09/2011] |
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(11) Where a hoistway or liftway inside a workplace passes through 2 or more floors —| (a) | 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 | | (b) | all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials. [S 517/2011 wef 10/09/2011] |
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| (12) It shall be the duty of the occupier of a workplace in which a hoist or lift is used to comply with paragraphs (1) to (11). [S 517/2011 wef 10/09/2011] |
(13) It shall be the duty of an authorised examiner to —| (a) | issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3); | | (b) | provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace; [S 517/2011 wef 10/09/2011] | | (c) | inform the Commissioner —| (i) | 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 | | (ii) | 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 |
| | (d) | exercise all due diligence in making any certification or in conducting any test or examination of any hoist or lift under this regulation. |
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| (14) For the purposes of this regulation, no lifting machine or appliance shall be considered to be a hoist or lift unless it has a cage or platform and the direction of movement of the cage or platform is restricted by a guide or guides. |
| (15) This regulation shall not apply to any lift which has been inspected and tested under the Building Maintenance and Strata Management (Lift and Building Maintenance) Regulations 2005 (G.N. No. S 194/2005) and for which a Certificate of Lift Maintenance and Testing has been lodged with the Commissioner of Buildings. |
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20.—(1) No lifting gear of whatever material shall be used in a workplace unless an authorised examiner has —| (a) | tested and examined the lifting gear; and | | (b) | issued and signed a certificate of test and examination, specifying the safe working load of the lifting gear. [S 517/2011 wef 10/09/2011] |
| (2) The certificate of test and examination referred to in paragraph (1)(b) shall be kept available for inspection. |
| (3) Every lifting gear used in a workplace shall be thoroughly examined by an authorised examiner at least once every year or at such other intervals as the Commissioner may determine. [S 517/2011 wef 10/09/2011] |
(4) Subject to paragraph (5), every lifting gear shall be annealed at the following intervals:| (a) | if in regular use —| (i) | in the case of chains used in connection with molten metal or molten slag, at least once every 6 months; or | | (ii) | in any other case, at least once every year; or |
| | (b) | if not in regular use, only when necessary. |
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(5) Paragraph (4) shall not apply to the following classes of lifting gear:| (a) | chains made of malleable cast iron; | | (b) | plate link chains; | | (c) | chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal; | | (d) | pitched chains working on sprocket or pocketed wheels; | | (e) | rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines; | | (f) | hooks and swivels having screw-threaded parts or ball-bearings or other case-hardened parts; | | (g) | socket shackles secured to wire ropes by white metal capping; | | (h) | bordeaux connections; | | (i) | rope or rope sling; and | | (j) | any chain or lifting tackle which has been subjected to the heat treatment known as “normalising” instead of annealing. |
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| (6) No lifting gear shall be loaded beyond its safe working load except by an authorised examiner or an inspector for the purpose of testing such lifting gear. |
| (7) It shall be the duty of the occupier of a workplace in which a lifting gear is used to comply with paragraphs (1) to (4) and (6). [S 517/2011 wef 10/09/2011] |
| (8) Paragraphs (1) and (3) do not apply to any lifting gear which consists of natural fibre ropes or natural fibre slings. [S 517/2011 wef 10/09/2011] |
(9) It shall be the duty of an authorised examiner to —| (a) | issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3); | | (b) | provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace; [S 517/2011 wef 10/09/2011] | | (c) | inform the Commissioner —| (i) | 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 | | (ii) | 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 |
| | (d) | exercise all due diligence in making any certification or in conducting any test or examination of any lifting gear under this regulation. |
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(10) It shall be the duty of the owner of a lifting gear to ensure that it is —| (a) | of good construction, sound material, adequate strength and free from patent defect; and | | (b) | properly maintained. |
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| (11) An inspector may at any time test any lifting gear and may prohibit its further use if he is not satisfied that the lifting gear is safe for the use to which it is put. |
| (12) A person must not contravene any prohibition of an inspector under paragraph (11). [S 434/2024 wef 01/06/2024] |
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| Lifting appliances and lifting machines |
21.—(1) No lifting appliance or lifting machine shall be used unless an authorised examiner has —| (a) | tested and examined the lifting appliance or lifting machine; and | | (b) | issued and signed a certificate of test and examination, specifying the safe working load of the lifting appliance or lifting machine. |
| (2) The certificate of test and examination referred to in paragraph (1)(b) shall be kept available for inspection. |
| (3) Every lifting appliance and lifting machine shall be thoroughly examined by an authorised examiner at least once every year or at such other intervals as the Commissioner may determine. |
(4) Every crane, crab and winch shall be provided with a readily accessible and efficient brake or other safety device —| (a) | which will prevent the fall of the load when suspended; and | | (b) | by which the load can be effectively controlled while being lowered. |
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| (5) Every hand winch shall be fitted with an efficient pawl capable of sustaining the safe working load. |
(6) Every lifting appliance and lifting machine —| (a) | shall be conspicuously marked with its safe working load or loads and a distinctive number or other means of identification; and | | (b) | 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. |
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| (7) No lifting appliance or lifting machine shall be loaded beyond its safe working load except by an authorised examiner or an inspector for the purpose of testing such lifting appliance or lifting machine. |
(8) Every lifting appliance and lifting machine shall be adequately and securely supported and —| (a) | every rope, chain or wire; | | (b) | every part of a stage, framework or other structure; and | | (c) | 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. |
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(9) All rails on which a travelling crane moves, and every track on which the carriage of a transporter or runway moves shall —| (a) | be of proper size and adequate strength; | | (b) | have an even running surface; | | (c) | be properly laid, adequately supported or suspended; and | | (d) | be properly maintained. |
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| (10) If any person at work at any place in a workplace is on or near the wheel tracks of an overhead travelling crane 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. [S 517/2011 wef 10/09/2011] |
| (11) If any person at work in a workplace is not on or near the wheel tracks of an overhead travelling crane but is 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 the work of the person is so connected with or dependent on the movements of the crane as to make the warning unnecessary. [S 517/2011 wef 10/09/2011] |
(12) A lifting machine shall not be operated except by —| (a) | a person trained and competent to operate that machine; or | | (b) | a person under training who is under the direct supervision of a qualified person. |
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(13) No person below the age of 18 years shall be at work —| (a) | operating any lifting machine driven by mechanical power; or | | (b) | giving signals to the operator of any lifting machine. |
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| (14) It shall be the duty of the occupier of a workplace in which any lifting appliance or lifting machine is used to comply with paragraphs (1) to (13). [S 517/2011 wef 10/09/2011] |
(15) It shall be the duty of an authorised examiner to —| (a) | issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3); | | (b) | provide the certificate referred to in sub-paragraph (a) to the occupier of the workplace; [S 517/2011 wef 10/09/2011] | | (c) | inform the Commissioner —| (i) | 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 | | (ii) | 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 |
| | (d) | 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. |
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(16) It shall be the duty of the owner of a lifting appliance or lifting machine to ensure that it is —| (a) | of good mechanical construction, sound material and adequate strength; and | | (b) | properly maintained. |
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| (17) An inspector may at any time test any lifting appliance or lifting machine and may prohibit its further use if he is not satisfied that the lifting appliance or lifting machine is safe for the use to which it is put. |
| (18) A person must not contravene any prohibition of an inspector under paragraph (17). [S 434/2024 wef 01/06/2024] |
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| Register of lifting gears, etc. |
| 22. It shall be the duty of the occupier of a workplace to keep a register containing such particulars as the Commissioner may specify with respect to the lifting gears, lifting appliances and lifting machines to which regulations 20 and 21 apply. [S 517/2011 wef 10/09/2011] |
| Measures to be taken to prevent falls |
| 23.—(1) It shall be the duty of the occupier of a workplace to ensure that all openings in floors of the workplace are securely covered or fenced unless the nature of the work renders such covering or fencing impracticable. [S 277/2014 wef 01/05/2014] | (2) [Deleted by S 277/2014 wef 01/05/2014] |
| (3) [Deleted by S 277/2014 wef 01/05/2014] |
| (4) [Deleted by S 277/2014 wef 01/05/2014] |
| (5) [Deleted by S 277/2014 wef 01/05/2014] |
| (6) [Deleted by S 277/2014 wef 01/05/2014] |
(7) Subject to paragraph (8), any person who has to work at a place from which he would be liable to fall —| (a) | a distance of more than 2 metres; or | | (b) | 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. |
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| (8) Where it is not reasonably practicable to provide a secure foothold or handhold as required under paragraph (7), other suitable means such as a safety harness or safety belt shall be provided for ensuring the safety of every person working at such places. |
(9) Where a safety harness or safety belt is provided under paragraph (8) —| (a) | there shall be sufficient and secured anchorage, by means of a life line or otherwise for the safety harness or safety belt; and | | (b) | the anchorage shall not be lower than the level of the working position of the person wearing the safety harness or safety belt. |
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| (10) It shall be the duty of the employer of the person referred to in paragraph (7) to comply with paragraphs (7), (8) and (9). |
(11) It shall be the duty of the employer of a person who is exposed to the risk of falling into water and of drowning to provide —| (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. |
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(12) A person must not require, permit or direct any person to work at a place from which he would be liable to fall —| (a) | a distance of more than 2 metres; or | | (b) | into any substance which is likely to cause drowning or asphyxiation, |
| unless the requirements of paragraphs (7), (8) and (9) have been complied with. |
[S 434/2024 wef 01/06/2024] |
| (13) [Deleted by S 434/2024 wef 01/06/2024] |
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24.—(1) All goods, articles and substances which are stored, stacked or placed in a workplace shall be stored, stacked or placed —| (a) | in such manner as not to interfere with —| (i) | the adequate distribution of natural or artificial light; | | (ii) | the proper operation of any machinery or other equipment; | | (iii) | the unobstructed use of passageways or traffic lanes; and | | (iv) | the efficient functioning of sprinkler systems or the use of other fire-fighting equipment; |
| | (b) | on a firm foundation not liable to settle; | | (c) | in such manner as not to overload the foundation or floors; and | | (d) | 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. [S 517/2011 wef 10/09/2011] |
| (2) Any goods, articles or substances which are stored, stacked or placed in a workplace 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. [S 517/2011 wef 10/09/2011] |
| (3) If loads are to be suspended from the roof of any workplace, the roof shall be of sufficient strength to carry the loads. [S 517/2011 wef 10/09/2011] |
| (4) It shall be the duty of the occupier of a workplace to comply with paragraphs (1), (2) and (3). [S 517/2011 wef 10/09/2011] |
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| 25. [Deleted by S 463/2009 wef 01/11/2009] |
| Precautions with regard to explosive or flammable dust, gas, vapour or substance |
26.—(1) Where any process in a plant used in a workplace gives rise to dust, gas, vapour or substance that may escape into any place of work and the dust, gas, vapour or substance that may escape is of such a character and is to such an extent as to be liable to explode on ignition —| (a) | all reasonably practicable steps shall be taken to prevent such an explosion —| (i) | by enclosure of the plant used in the process; | | (ii) | by removal or prevention of accumulation of the dust, gas, vapour or substance; | | (iii) | by exclusion or effective enclosure of possible sources of ignition; or | | (iv) | by the use of suitable flame-proof equipment; and |
| | (b) | 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. [S 517/2011 wef 10/09/2011] |
| (2) Where any part of a plant in a workplace contains any explosive or flammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, unless it is positively isolated, depressurised and vented to a safe location, and where necessary, purged to remove any residual gas or vapour. [S 517/2011 wef 10/09/2011] |
(3) No plant, tank or vessel in a workplace that contains, or has contained, any explosive or flammable substance shall be subjected to —| (a) | any welding, brazing or soldering operation; | | (b) | any cutting operation which involves the application of heat; or | | (c) | 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. |
[S 517/2011 wef 10/09/2011] |
| (4) If any plant, tank or vessel in a workplace has been subjected to any operation referred to in paragraph (3)(a), (b) or (c), no explosive or flammable 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. [S 517/2011 wef 10/09/2011] |
(5) No plant, tank or vessel in a workplace which contains, or has contained, any explosive or flammable substance shall be subjected to any operation referred to in paragraph (3)(a), (b) or (c) unless such plant, tank or vessel has been inspected and a competent person has certified that —| (a) | it is free from —| (i) | any explosive or flammable substance; and | | (ii) | any fumes, gas or vapour arising from any such substance; or [S 517/2011 wef 10/09/2011] |
| | (b) | any explosive or flammable substance, and any fumes, gas or vapour arising from any such substance, have been rendered non-explosive and non-flammable, [S 517/2011 wef 10/09/2011] |
| and that it is safe for the operation to be carried out. |
[S 517/2011 wef 10/09/2011] |
| (6) Any certificate issued by a competent person under paragraph (5) in respect of any workplace referred to in that paragraph shall be kept available at all times for inspection by an inspector. [S 517/2011 wef 10/09/2011] |
| (7) It shall be the duty of the occupier of a workplace referred to in paragraphs (1) to (6) to comply with those paragraphs. [S 517/2011 wef 10/09/2011] |
| (8) It shall be the duty of a competent person to exercise all due diligence in making any inspection and certification under this regulation. |
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| Conditions before steam boiler, steam receiver, air receiver or refrigerating plant pressure receiver may be used |
27.—(1) Subject to paragraph (2), it shall be the duty of the owner of any steam boiler, steam receiver, air receiver or refrigerating plant pressure receiver (referred to in this regulation as relevant equipment) who intends to put the relevant equipment into use in a workplace to —| (a) | obtain, in such form and manner as may be determined by the Commissioner, the approval of the Commissioner to use the relevant equipment; | | (b) | ensure that such examination and test by an authorised examiner as may be specified by the Commissioner has been satisfactorily carried out; | | (c) | 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; | | (d) | keep the report referred to in sub-paragraph (c) available for inspection; and | | (e) | mark the relevant equipment so as to enable it to be identified as the relevant equipment to which the report refers. |
(2) Paragraph (1) shall not apply to —| (a) | any steam boiler referred to in regulation 28(20)(a) or (21); | | (b) | any steam receiver referred to in regulation 29(11); | | (c) | 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 | | (d) | 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. |
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28.—(1) Every steam boiler shall be —| (a) | of good construction, sound material and adequate strength; | | (b) | free from patent defects; and | | (c) | properly maintained. |
(2) Every steam boiler, whether separate or one of a range —| (a) | shall have attached to it —| (i) | a suitable safety valve which is —| (A) | separate from and incapable of being isolated by any stop-valve; | | (B) | adjusted so as to prevent the boiler from being worked at a pressure greater than the safe working pressure; and | | (C) | fixed directly, 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 —| (A) | indicates the pressure of steam in the boiler; and | | (B) | is marked, in a distinctive colour, with the safe working pressure; |
| | (iv) | at least one water gauge of transparent material or any other type approved by the Commissioner thereof which —| (A) | shows the water level in the boiler; and | | (B) | 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 |
| | (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 —| (i) | a suitable fusible plug; or | | (ii) | an efficient low-water alarm device. |
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| (3) Paragraph (2)(a)(ii) shall not apply to any economiser. |
| (4) Paragraph (2)(a)(iii), (iv) and (v), (b) and (c) shall not apply to any economiser or superheater. |
(5) Paragraph (2)(a)(iv), (b) and (c) shall not apply to any steam boiler —| (a) | which uses electricity as the only form of power; | | (b) | which has a maximum steam volume of not more than 40 litres and a safe working pressure of not more than 4 bars; and | | (c) | into which water is fed manually at the start of the steam generation process and cannot be fed continuously from a potable water main. |
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(6) Every —| (a) | 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 | | (b) | 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. |
|
| (7) For the purposes of paragraph (2), a lever-valve shall not be considered to be a suitable safety valve. |
| (8) No steam boiler (other than a steam boiler using electricity as the only form of power) shall be operated except by or under the control of a person who has successfully completed a training course acceptable to the Commissioner on the operation of that steam boiler. [S 517/2011 wef 10/09/2011] |
(9) Any steam boiler using electricity as the only form of power shall —| (a) | 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 | | (b) | 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. |
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(10) No person shall enter or be in any steam boiler that is one of a range of 2 or more steam boilers —| (a) | 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 | | (b) | unless —| (i) | all valves or taps controlling such steam and hot water entry are closed and securely locked; and | | (ii) | 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 —| (A) | cannot be removed until the valve or tap is closed; and | | (B) | is the only key in use for that set of blow-off valves or taps; and |
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| | (c) | until the particular boiler has been sufficiently cooled to make it safe for the person entering or being in the particular boiler. |
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| (11) No work shall be permitted in any boiler‑furnace or boiler‑flue until it has been sufficiently cooled by ventilation or by other means to make it safe for the persons at work to work there. |
(12) Subject to paragraphs (6) and (14) and regulation 31A, every steam boiler shall be examined by an authorised examiner —| (a) | at least once every year; and | | (b) | after any extensive repairs. [S 517/2011 wef 10/09/2011] |
|
| (13) It shall be the duty of the owner of a steam boiler used in a workplace to comply with paragraphs (1), (2), (6) and (8) to (12). |
| (14) An authorised examiner may, in his discretion, arrange to make the examination referred to in paragraph (12) within 3 months after the one year has expired. [S 517/2011 wef 10/09/2011] |
| (15) [Deleted by S 517/2011 wef 10/09/2011] |
(16) Any examination in accordance with the requirements of paragraph (12) shall consist —| (a) | 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 | | (b) | except in the case of an economiser or a superheater, of an examination when it is under normal steam pressure which —| (i) | must be made as soon as possible after the examination of the boiler when cold; and | | (ii) | 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. |
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(17) It shall be the duty of an authorised examiner to —| (a) | issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (12); | | (b) | provide a copy of the report referred to in sub-paragraph (a) to the owner of the steam boiler; | | (c) | inform the Commissioner —| (i) | 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 | | (ii) | 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 |
| | (d) | exercise all due diligence in making any report or in conducting any examination of any steam boiler under this regulation. |
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| (18) Where the report of any examination under this regulation specifies conditions for securing the safe working of a steam boiler, it shall be the duty of the owner of the steam boiler to ensure that the boiler is not used except in accordance with those conditions. |
| (19) For the purposes of any report to be made under paragraph (17) or regulation 27(1)(c), the examination of a steam boiler when it is cold and its examination when it is under steam pressure shall be treated as separate examinations. |
(20) Paragraphs (12) and (14) to (19) shall not apply to —| (a) | any steam boiler with a maximum permissible working pressure not exceeding 0.5 bar; and | | (b) | any steam boiler referred to in paragraph (5). |
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| (21) This regulation shall not apply to any steam boiler of a locomotive which is the property of or used by the railway administered by the Government of Malaysia. |
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29.—(1) Every steam receiver shall be —| (a) | of good construction, sound material and adequate strength; | | (b) | free from patent defects; and | | (c) | properly maintained. |
(2) Every steam receiver that is not constructed and maintained to safely withstand either the safe working pressure of the steam 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 indicating 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. |
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(3) The safety valve and steam pressure gauge referred to in paragraph (2) shall be fitted either —| (a) | on the steam receiver; or | | (b) | on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure from being exceeded. |
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| (4) For the purposes of paragraph (2)(a) to (d), any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver if the set of receivers is fitted on the single pipe. |
| (5) For the purposes of paragraph (2)(a), (b) and (c), any other set of receivers supplied with steam through a single pipe may be treated as one receiver if the set of receivers is fitted on the single pipe, provided that the reducing valve or other appliance to prevent the safe working pressure being exceeded is fitted on that single pipe. |
(6) Subject to paragraph (7) and regulation 31A, every steam receiver shall be examined by an authorised examiner —| (a) | at least once every 2 years; and | | (b) | after any extensive repairs. [S 517/2011 wef 10/09/2011] |
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| (7) An authorised examiner may, in his discretion, arrange to make the examination referred to in paragraph (6) within 3 months after the 2 years have expired. [S 517/2011 wef 10/09/2011] |
| (8) [Deleted by S 517/2011 wef 10/09/2011] |
| (9) It shall be the duty of the owner of a steam receiver used in a workplace to comply with paragraphs (1), (2), (3) and (6). |
(10) It shall be the duty of an authorised examiner to —| (a) | issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (6); | | (b) | provide a copy of the report referred to in sub-paragraph (a) to the owner of the steam receiver; and | | (c) | inform the Commissioner —| (i) | 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 | | (ii) | 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 |
| | (d) | exercise all due diligence in making any report or in conducting any examination of any steam receiver under this regulation. |
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| (11) Paragraphs (6), (7), (8) and (10) shall not apply to any steam 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. |
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| 30. The owner of every steam container used in a workplace shall ensure that the steam container shall be so maintained as to secure that the outlet is at all times kept open and free from obstruction. |
31.—(1) Every air receiver shall be of sound construction and properly maintained.(2) Every air receiver shall —| (a) | be conspicuously marked with its safe working pressure; | | (b) | in the case of a receiver connected with an air compressing plant —| (i) | be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor; or | | (ii) | be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver from 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) | 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; | | (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 workplace, bear a distinguishing mark which shall be easily visible. [S 517/2011 wef 10/09/2011] |
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| (3) For the purpose of paragraph (2)(c) or (d), but subject to paragraph (4), any set of air receivers supplied with air through a single pipe may be treated as one receiver. |
| (4) Where a suitable reducing valve or other suitable appliance to prevent the safe working pressure from being exceeded is required to be fitted on the air receiver, the valve or appliance must be fitted on the single pipe. |
(5) Subject to paragraph (6) and regulation 31A, every air receiver shall be —| (a) | thoroughly cleaned; and | | (b) | examined by an authorised examiner at least once every 2 years. [S 517/2011 wef 10/09/2011] |
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| (6) An authorised examiner may, in his discretion, arrange to make the examination referred to in paragraph (5) within 3 months after the 2 years have expired. [S 517/2011 wef 10/09/2011] |
| (7) [Deleted by S 517/2011 wef 10/09/2011] |
| (8) For the purpose of paragraph (5), where the receiver is of solid drawn construction and is constructed so that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination. |
| (9) It shall be the duty of the owner of an air receiver used in a workplace to comply with paragraphs (1), (2), (4), (5) and (8). |
(10) It shall be the duty of an authorised examiner to —| (a) | issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (5); | | (b) | provide a copy of the report referred to in sub-paragraph (a) to the owner of the air receiver; and | | (c) | inform the Commissioner —| (i) | 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 | | (ii) | 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 |
| | (d) | exercise all due diligence in making any report or in conducting any examination of any air receiver under this regulation. |
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| (11) A person must not charge an air receiver used in a workplace from the cylinder of an internal combustion engine. [S 434/2024 wef 01/06/2024] |
| (12) Paragraphs (5) to (8) and (10) shall not apply to any air 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. |
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| Extension of time for examination of steam boilers, steam receivers and air receivers |
31A.—(1) The Commissioner may, on an application made by the owner of a steam boiler, steam receiver or air receiver, allow the time delimited by regulation 28, 29 or 31 for the examination by an authorised examiner of the steam boiler, steam receiver or air receiver, as the case may be, to be extended subject to such conditions as the Commissioner may determine in any particular case.(2) An application made under paragraph (1) shall be accompanied by —| (a) | the payment of a non-refundable fee to the Commissioner of $115; and | | (b) | a certificate issued by a competent person appointed by the owner of the steam boiler, steam receiver or air receiver, as the case may be, recommending the extended period within which the examination of the steam boiler, steam receiver or air receiver is to be made. |
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(3) It shall be the duty of the competent person referred to in paragraph (2)(b) —| (a) | before issuing the certificate referred to in paragraph (2)(b), to take so far as is reasonably practicable such measures that are necessary to assess and examine the steam boiler, steam receiver or air receiver, as the case may be, to ensure that it is safe for its intended use during the extended period; and | | (b) | to issue, as soon as is reasonably practicable, to the owner of the steam boiler, steam receiver or air receiver, as the case may be, the certificate referred to in paragraph (2)(b). |
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| (4) [Deleted by S 434/2024 wef 01/06/2024] |
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| Periodical examinations when authorised examiner is not available |
32.—(1) If any person required under these Regulations to arrange for an authorised examiner to carry out any periodical examination is unable to locate an authorised examiner willing to carry out the inspection within the required time, the person shall —| (a) | immediately inform the Commissioner of that fact in such form as the Commissioner may specify; | | (b) | provide the Commissioner with —| (i) | particulars of the machinery or plant which is to be examined; | | (ii) | the date on which the machinery or plant was last examined by an authorised examiner; and | | (iii) | the particulars of the person who last carried out the examination; and |
| | (c) | ensure that the machinery or plant is examined as required by these Regulations by an authorised examiner within 30 days of the Commissioner informing him of an authorised examiner who is willing to carry out the examination. |
| (2) Any person who complies with paragraph (1) shall not be guilty of any offence in respect of the contravention of the provision in these Regulations requiring the examination by an authorised examiner. |
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| Pressure vessel containing hazardous substance |
33.—(1) It shall be the duty of the owner of a pressure vessel used in any workplace that contains any hazardous substance to ensure that it is —| (a) | of good construction, sound material and adequate strength; | | (b) | free from patent defects; | | (c) | properly maintained; and | | (d) | inspected by a competent person before use and thereafter within such period as the Commissioner may specify. |
(2) The owner of a pressure vessel shall —| (a) | maintain a record of the inspection referred to in paragraph (1)(d); and | | (b) | keep such record available for inspection by an inspector. |
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| (3) It shall be the duty of a competent person to exercise all due diligence in conducting any inspection under this regulation. |
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| Pipes and equipment conveying certain substances |
34. It shall be the duty of the occupier of a workplace to ensure that every pipe, pump, compressor and other equipment in the workplace used to convey steam, air, refrigerant or any hazardous substance, and each part and fitting of, and attachment to, every pipe, pump, compressor and other equipment is —| (a) | of good construction, sound material and adequate strength; | | (b) | free from patent defects; and | | (c) | properly maintained. [S 517/2011 wef 10/09/2011] |
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35.—(1) Every gas plant shall be of sound construction and properly maintained.| (2) Every gas plant shall be inspected by a competent person before use and thereafter within such period as the Commissioner may specify. |
| (3) Every water-sealed gasholder which has a storage capacity of not less than 25 cubic metres shall be examined externally by a competent person at least once every 2 years. |
| (4) A record of the examination referred to in paragraph (3) containing such particulars as the Commissioner may determine 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 —| (a) | by his training and experience; and | | (b) | with his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, |
| is competent to supervise the work. |
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(6) No gas filling shall be allowed except under the direct supervision of a person who —| (a) | by his training and experience; and | | (b) | with his knowledge of the necessary precautions against any risk, |
| is competent to supervise the work. |
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(7) No gas cylinder shall be filled unless —| (a) | the cylinder has been examined or tested by a competent person —| (i) | where the cylinder is for corrosive gases, at least once every 2 years; or | | (ii) | where the cylinder is for other gases, at least once every 5 years; and |
| | (b) | the result of such examination or test is entered in a register and kept for inspection by an inspector. |
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| (8) It shall be the duty of the owner of a gas plant used in a workplace to comply with paragraphs (1) to (7). |
| (9) It shall be the duty of a competent person to exercise all due diligence in conducting any test or examination under this regulation. |
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| Repair of pressure vessel |
| 36. If repairs to any pressure vessel used in a workplace are likely to cause a dangerous occurrence if improperly carried out, it shall be the duty of the owner of the pressure vessel to obtain the written approval of the Commissioner before the repairs are carried out. |
| Definitions for purposes of regulation 36B |
36A. In regulation 36B —| “construction work” means any building operation or work of engineering construction; |
“contract value”, in relation to any construction work undertaken by an occupier, means —| (a) | where there is a single contract for construction work entered into between the occupier and a developer, regardless of whether the construction work is to be carried out at one or more than one worksite of the occupier — the value specified in that contract; or | | (b) | whether there are 2 or more contracts entered into between the occupier and a developer for construction work to be carried out at a worksite — the aggregate value specified in those contracts, |
| including the goods and services tax payable in relation to the supply of the construction work; |
|
| “developer”, in relation to any construction work, means the person for whom or on whose behalf the construction work is carried out; |
“relevant worksite”, in relation to an occupier, means —| (a) | in the case of a single contract of construction work entered into by the occupier with a developer with a contract value of $5 million or more — every worksite where the construction work under that contract is carried out or to be carried out; or | | (b) | in the case of 2 or more contracts of construction work entered into by the occupier with a developer with an aggregate contract value of $5 million or more — the worksite where the construction work under those contracts is carried out or to be carried out; |
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“reportable incident” means any accident or dangerous occurrence at a workplace for which —| (a) | the Commissioner must be notified under regulation 4 or 5 of the Workplace Safety and Health (Incident Reporting) Regulations (Rg 3); or | | (b) | a report must be submitted to the Commissioner under regulation 6 of the Workplace Safety and Health (Incident Reporting) Regulations; |
|
“video surveillance system”, in relation to a relevant worksite —| (a) | means any equipment or device (including any software) or a collection of such equipment and devices (including any software) that is capable of monitoring and recording visual images of activities (with or without recording any sound) occurring within the relevant worksite and the immediate vicinity of the relevant worksite; and | | (b) | includes cameras, monitors or display units, transmission systems, recording equipment and storage devices; |
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| “worksite” means any premises where any construction work is carried out and includes any line or siding which is used in connection with the construction work. [S 471/2024 wef 01/06/2024] |
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| Video surveillance system |
36B.—(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. |
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(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. |
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(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. |
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| (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. [S 471/2024 wef 01/06/2024] |
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37.—(1) All reasonably practicable steps shall be taken in a workplace to keep sources of heat or ignition separate from —| (a) | flammable materials in the workplace; or [S 517/2011 wef 10/09/2011] | | (b) | any process carried on at the workplace that gives rise to any flammable gas or vapour. [S 517/2011 wef 10/09/2011] |
(2) There shall be provided and maintained in a workplace means of extinguishing fire which shall be —| (a) | readily accessible; | | (b) | adequate and suitable having regard to the circumstances of each case; and | | (c) | tested by a competent person at such regular intervals as the Commissioner may determine. [S 517/2011 wef 10/09/2011] |
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| (3) It shall be the duty of the occupier of a workplace to comply with paragraphs (1) and (2). [S 517/2011 wef 10/09/2011] |
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| Safety provisions in case of fire |
38.—(1) There shall be provided in a workplace such means of escape in case of fire for the persons at work in the workplace —| (a) | as may be reasonably required in the circumstances of each case; and | | (b) | which shall be properly maintained and kept free from obstruction. [S 517/2011 wef 10/09/2011] |
| (2) The contents of any room in which persons are at work shall be so arranged or disposed that there is a free passageway for all persons at work in the room to a means of escape in case of fire. |
(3) In every workplace, all doors affording any person at work in a workplace means of exit from —| (a) | the workplace; [S 517/2011 wef 10/09/2011] | | (b) | any room in the workplace; or [S 517/2011 wef 10/09/2011] | | (c) | any building or enclosure in which the workplace is situated, [S 517/2011 wef 10/09/2011] |
| shall only be locked or fastened in such a manner that the doors can easily and immediately be opened from the inside. |
[S 517/2011 wef 10/09/2011] |
| (4) In every workplace, all doors affording means of exit from the workplace for the persons at work in the workplace shall, except in the case of sliding doors, be constructed to open outwards. [S 517/2011 wef 10/09/2011] |
| (5) 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. |
(6) In every workplace, effective steps shall be taken to ensure that all the persons at work in the workplace are familiar with —| (a) | the means of escape in case of fire and their use; and | | (b) | the routine to be followed in case of fire. [S 517/2011 wef 10/09/2011] |
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(7) In every workplace, there shall be effective warning devices that —| (a) | are capable of being operated without exposing any person to undue risk; | | (b) | are maintained and tested at least once every month; | | (c) | give warning in case of fire; and | | (d) | are clearly audible throughout the workplace. [S 517/2011 wef 10/09/2011] |
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| (8) It shall be the duty of the occupier of a workplace to comply with paragraphs (1) to (7). [S 517/2011 wef 10/09/2011] |
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| Definitions for purposes of regulation 38B |
38A. In regulation 38B —“high-risk industry” means business activities classified under the SSIC classification in any of the following categories:| (a) | construction; | | (b) | manufacturing; | | (c) | marine; | | (d) | transport and storage; |
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| “regulated person” means a person that carries on a business in Singapore, the general nature of which is or includes a high-risk industry; |
| “relevant course” means the Top Executive Workplace Safety and Health Programme conducted by a training provider acceptable to the Commissioner; |
“specified officer” means —| (a) | in relation to a business carried on by a body corporate (including a limited liability partnership) — the chief executive officer, an executive director or a similar officer of the body corporate; | | (b) | in relation to a business carried on by an individual or a partnership — the individual or each partner, as applicable; or | | (c) | in relation to a business carried on by an unincorporated association (other than a partnership) — the president or each member of the governing body of the unincorporated association, or any person holding a position analogous to that of the president or member of the governing body; |
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| “SSIC classification” means the Singapore Standard Industrial Classification that is established by the Department of Statistics of the Ministry of Trade and Industry, as updated from time to time. [S 119/2024 wef 01/03/2024] |
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| Executive workplace safety and health course |
38B.—(1) Subject to paragraphs (2) and (3) (as applicable), every regulated person must ensure that, at all times, at least one specified officer of the regulated person has successfully completed a relevant course.| (2) Where the only or last remaining specified officer of a regulated person who has successfully completed a relevant course ceases to be a specified officer of the regulated person, the regulated person must ensure compliance with paragraph (1) within 3 months after the date of that cessation. |
| (3) If a person commences a business in a high-risk industry on or after 1 March 2024, that person must ensure compliance with paragraph (1) within 3 months after the date of commencing the business. |
| (4) A regulated person that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [S 119/2024 wef 01/03/2024] |
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