Workplace Safety and Health Act · 2024 Revised Edition · Part · General Duties of Persons at Workplaces
18. Other related duties of occupiers and employers
Official textFrom Attorney General's Chambers, unchanged
An employer shall not —
deduct, or allow to be deducted, from the sum contracted to be paid by him to any employee of his; or
receive, or allow any agent of his to receive, any payment from any employee of his, in respect of anything to be done or provided by him in accordance with this
Act in order to ensure the safety, health or welfare of any of his employees at work.
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An employer shall not dismiss or threaten to dismiss an employee because the employee —
has assisted (whether by the giving of information or otherwise) an inspector, an authorised person or any public officer in the conduct of any inspection or investigation under this Act for a breach or an alleged breach of this Act, or proposes to do so;
has in good faith sought the assistance of, or made a report to an inspector or authorised person in relation to a safety and health matter, or proposes to do so;
is performing his duties in good faith as a member of a workplace safety and health committee; or
has complied with an order made under section 21 or has otherwise complied with this Act, or proposes to do so.
The occupier of a workplace shall cause to be kept in the workplace —
occupier
“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;
every document issued in respect of the workplace by the
Authority under this Act;
a copy of every notice furnished to the Authority as required under this Act;
all reports and particulars prepared in respect of the workplace under this Act.
Any occupier of a workplace shall ensure that the documents referred to in subsection (3) shall —
be kept for not less than 5 years from the date they were made or for such other period as may be prescribed; and
whenever he is required to do so within that period, be produced and made available to an inspector for inspection.
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Any person who contravenes subsection (1) or (2) is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.
Any person who contravenes subsection (3) or (4) is guilty of an offence and liable on conviction to a fine not exceeding $2,000.
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;
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;
workplace safety and health committee
Defined · s 4“workplace safety and health committee” means a workplace safety and health committee appointed under section 29;
Part
Powers of Enforcement
Part
Investigations, Inquiries and Reporting of Accidents, Dangerous Occurences and Occupational Diseases
Part
Safety and Health Management Arrangements
Part
Codes of Practice
Part
Inspections and Other Powers of Enforcement
Part
Offences, Penalties and Proceedings
Part