Workplace Safety and Health Act · 2024 Revised Edition · Part · General Duties of Persons at Workplaces
Section 14A
Official textFrom Attorney General's Chambers, unchanged
It shall be the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure that any contractor engaged by the principal —
principal
“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;
has the necessary expertise to carry out the work for which the contractor is engaged by the principal to do; and
has taken adequate safety and health measures in respect of any machinery, equipment, plant, article or process used, or to be used, by the contractor or any employee employed by the contractor.
The duty imposed on every principal under subsection (1)(a)
includes ascertaining that the contractor engaged by the principal and any employee of the contractor —
have sufficient experience and training to carry out the work for which the contractor is engaged by the principal to do; and
have obtained any necessary licence, permit, certificate or any other document in order to carry out the work for which the contractor is engaged by the principal to do.
The duty imposed on every principal under subsection (1)(b)
includes ascertaining that the contractor engaged by the principal —
has conducted a risk assessment in relation to the safety and health risks posed to any person who may be affected by the work for which the contractor is engaged by the principal to do; and
has informed any person who may be affected by the work for which the contractor is engaged by the principal to do of the nature of the risk involved in the work and any measure or safe work procedure which is implemented at the workplace.
In any proceeding for an offence under this section, it shall not be a defence for the principal to prove that he has taken, so far as is reasonably practicable, such measures as are necessary to ensure compliance with this section solely by providing directly or indirectly, by a term in a contract with his contractor, that the contractor has compiled with or will comply with the requirements referred to in subsection (1)(a) or (b).
Workplace Safety and Health
In this section, “risk assessment” means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measure for risk control.
Nothing in section 14 limits the duty of a principal under this section.
Terms defined in s 4
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;
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;
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Powers of Enforcement
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Investigations, Inquiries and Reporting of Accidents, Dangerous Occurences and Occupational Diseases
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Inspections and Other Powers of Enforcement
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