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Workplace Safety and Health Act · s 25

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s 25Alteration or addition to machinery, equipment etc.

(1)

No person shall, without the consent of the Authority —

(a)

alter, replace, remove or add to any machinery, equipment, plant or article which may have contributed to the cause of any accident resulting in the death of any person or any dangerous occurrence or occupational disease; or

(b)

modify the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

(2)

The occupier of a workplace in which an accident, a dangerous occurrence or an occupational disease occurs shall take all reasonable measures to prevent any person from —

(a)

altering, replacing, removing or adding to any machinery, equipment, plant or article which may have contributed to the cause of the accident resulting in the death of any person or the dangerous occurrence or occupational disease; or

(b)

modifying the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.

(3)

It shall be presumed, unless it is proved to the contrary, that any alteration, replacement, removal or addition referred to in subsection (1) was made by the occupier of a workplace.

(4)

Nothing in subsection (1) or (2) shall operate to interfere with rescue work or work necessary for the general safety of life and property.

(5)

Any person who contravenes subsection (1) and any occupier of the workplace who contravenes subsection (2) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both.