Workplace Safety and Health Act · 2024 Revised Edition · Part · General
61. Exempt workers, workplaces and equipment etc.
Official textFrom Attorney General's Chambers, unchanged
This Act does not apply to such persons at work as are specified in Schedule 6, notwithstanding that their work is carried out or performed in a workplace.
at work
“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;
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, exempt —
Minister
“Minister” means the Minister responsible for the administration of the Safety, Health and Environment National Authority Act;
any class or description of workplace from all or any of the provisions of this Act;
Workplace Safety and Health
any class or description of person from compliance with all or any of the provisions of this Act; and
any class or description of machinery, equipment, plant, installation or articles from all or any of the provisions of this Act.
The Authority may, subject to any direction of the Minister, by a certificate in writing exempt —
any machinery, equipment, plant, installation or article that is identified specifically in the certificate from all or any of the provisions of this Act; or
any person identified specifically in the certificate from compliance with all or any of the provisions of this Act.
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;
class or description
Defined · s 4“class or description”, in relation to workplaces, includes a group of workplaces described by reference to locality;
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;
Minister
Defined · s 4“Minister” means the Minister responsible for the administration of the Safety, Health and Environment National Authority Act;