Workplace Safety and Health Act · 2024 Revised Edition · Part · Investigations, Inquiries and Reporting of Accidents, Dangerous Occurences and Occupational Diseases
25. Alteration or addition to machinery, equipment etc.
Official textFrom Attorney General's Chambers, unchanged
No person shall, without the consent of the Authority —
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
modify the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.
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 —
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;
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
modifying the scene of the fatal accident or dangerous occurrence or the scene where the occupational disease occurred.
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.
Nothing in subsection (1) or (2) shall operate to interfere with rescue work or work necessary for the general safety of life and property.
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.
Terms defined in s 4
dangerous occurrence
Defined · s 4“dangerous occurrence” means any occurrence specified in Schedule 2;
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;
occupational disease
Defined · s 4“occupational disease” means any disease specified in Schedule 3;
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;
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