Workplace Safety and Health Act · 2024 Revised Edition · Part · General Duties of Persons at Workplaces
10. Duties according to different capacities
Official textFrom Attorney General's Chambers, unchanged
For the avoidance of doubt, it is hereby declared that —
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a person may at any one time be two or more of the following —
an employer;
a contractor;
a sub-contractor;
a principal;
a self-employed person;
self-employed person
“self-employed person” means a person who works for gain or reward otherwise than under a contract of service, whether or not employing others;
an occupier of a workplace;
a designer, manufacturer or supplier of any machinery, equipment or hazardous substance for use at work;
an erector, installer or modifier of machinery or equipment for use at work;
an owner, a hirer or lessee of machinery moved by mechanical power or a person who maintains such machinery for use at work, and this Act may impose duties or liabilities on that person accordingly;
this Act may at any one time impose the same duty or liability on two or more persons, whether in the same capacity or in different capacities;
a duty or liability imposed by this Act on any person is not diminished or affected by the fact that it is imposed on one or more other persons, whether in the same capacity or in different capacities.
Terms defined in s 4
at work
Defined · s 4“at work” means — (a) in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his employer, wherever that work is carried out; (b) in relation to a self-employed person, all times when that person is performing work as a self-employed person, wherever the work is carried out; and (c) in any other case, all times when the person is performing work at the direction of the person who engaged him, wherever the work is carried out;
machinery
Defined · s 4“machinery” includes — (a) any oil engine, gas engine, steam engine and any other machine in which mechanical movement, either linear, rotated or both, takes place; (b) any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver; (c) any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and (d) any electrical generator or electrical motor, but does not include any machinery used solely for the propulsion of vehicles;
mechanical power
Defined · s 4“mechanical power” means any energy derived from steam, water, wind, electricity, compressed air or gas, or the combustion of fuel or explosive, which is used to drive or work any machinery;
occupier
Defined · s 4“occupier”, in relation to any premises or part of any premises, means — (a) in the case of a factory where a certificate of registration or a factory permit has to be obtained in relation to the premises pursuant to any regulations, the person who is, or is required to be, the holder of that certificate or permit; and (b) in the case of any other premises, the person who has charge, management or control of those premises either on his own account or as agent of another person, whether or not he is also the owner of those premises;
owner
Defined · s 4“owner”, in relation to any premises, means — (a) the person receiving the rents or profits for the lease of the premises, whether on his own account or as agent or trustee for any other person; or (b) the person who would so receive the rents or profits if the premises were leased;
principal
Defined · s 4“principal” means a person who, in connection with any trade, business, profession or undertaking carried on by him, engages any other person otherwise than under a contract of service — (a) to supply any labour for gain or reward; or (b) to do any work for gain or reward;
self-employed person
Defined · s 4“self-employed person” means a person who works for gain or reward otherwise than under a contract of service, whether or not employing others;
sub-contractor
Defined · s 4“sub-contractor” means a person engaged, otherwise than under a contract of service, by any contractor or sub-contractor — (a) to supply any labour for gain or reward; or (b) to do any work for gain or reward, which the contractor or sub-contractor has been engaged as contractor or sub-contractor, as the case may be, to do;
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