Workplace Safety and Health Act · 2024 Revised Edition · Part · Interpretation
Section 6
Official textFrom Attorney General's Chambers, unchanged
Subject to subsections (2), (3), (4) and (5) in this Act —
“employee” means any person employed by an employer to do any work under a contract of service;
“employer” means a person who, in the course of his trade, business, profession or undertaking, employs any person to do any work under a contract of service.
For the purposes of this Act, any reference to an employee shall include a volunteer who —
does work for another person with the knowledge or consent of that other person; and
does the work on an ongoing and regular basis for that other person, being work that is in connection with any trade, business, profession or undertaking carried on by that other person, and this Act applies —
as if the volunteer were an employee of that other person;
as if that other person were the volunteer’s employer;
and
as if the volunteer were at work when doing work for that other person.
For the purposes of this Act, any reference to an employee shall also include a person who is in a workplace for the purpose of receiving on-the-job training or gaining work experience, including under a rehabilitation scheme (referred to in this subsection as person A), and this
Act applies —
as if person A were an employee of the person (referred to in this subsection as person B) who agreed to provide on-the-job training or work experience;
as if person B were person A’s employer; and
Workplace Safety and Health 22
as if person A were at work when in the workplace for the purpose of receiving on-the-job training or gaining work experience.
Where —
an employer places an employee (referred to in this subsection as the loaned employee) at the disposal of another person to do work for that other person; and
there is no contractual relationship between the employer and that other person regarding the work to be performed by the loaned employee, then, for the purposes of this Act —
the loaned employee shall be regarded as if he were an employee of that other person (instead of his employer) while the loaned employee is at work for that other person;
that other person shall be regarded as if he were the employer of the loaned employee while the loaned employee is at work for that other person; and
the loaned employee shall be regarded as if he were at work when doing work for that other person.
Where a person carries on any work in a factory —
the occupier of the factory is deemed to be the employer of that person;
the provisions of this Act apply as if the occupier of the factory were the employer of that person, unless the occupier of the factory proves that he is not the employer of that person.
Workplace Safety and Health
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;
contract of service
Defined · s 4“contract of service” means any agreement, whether oral or in writing, express or implied, whereby any person agrees to employ any other person as an employee and that other person agrees to serve as his employee, and includes a contract of apprenticeship;
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;
Part 3
Part
General Duties of Persons at Workplaces
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