Friday, December 29, 2006

More Forklift Accidents


Case 1: Toppled Forklift Takes a Life...
While travelling along a temporary access way in a worksite, a forklift suddenly toppled into an embankment area undergoing some excavation works. The forklift operator, who had not attended any formal training, was pinned by the forklift and died in hospital on the same day. MOM issued a full stop work order on the premises. Investigation is on-going.


Case 2: Side Loader Hits Depot Manager…
A fatal accident occurred in a factory carrying out storage and service of containers. While driving a side loader with the intention to load a container onto a trailer, the driver hit and killed a depot manager. MOM had stopped all works involving the use of side loaders in the factory. Investigation of the accident is in progress.

Fend off potential forklift accidents by picking up some priceless lessons from the past. The Japan International Center for Occupational Safety and Health (JICOSH) has developed an extensive archive of forklift case studies complete with clever illustrations and preventive tips. To lift up your knowledge on forklift accidents, click HERE.

Advisory Note (Please note that the advisory note is provided for the benefits of enhancing workplace safety and health, in no way the information is to be misconstrued as implying any liability on any party)

  1. Prior to work commencement, a risk assessment shall be conducted in relation to the safety and health risks posed to any person carrying out the work.
  2. Safety measures should be implemented to control the human and vehicle traffic so as to prevent accidental collision and to ensure that the boundaries between access way and excavated area are well-demarcated. Develop a traffic management plan for pedestrians and forklifts.
  3. Safe work procedures must be instituted, communicated and implemented to ensure the safety and health of workers involved.
  4. All counterbalanced forklift drivers must undergo all mandatory trainings and be qualified to operate forklifts.
  5. Undertake all safety procedures, including pre-use checks, before starting to use the forklift. Never disable the safety features such as seat safety switches and reversing beepers.
  6. Implement a control system for access to the forklift. Ignition key of forklift trucks should not be allowed to be left on the truck to allow unauthorized operation.
  7. Forklifts should not be overloaded and driven with the fork raised.
  8. Keep to a safe speed and never allow any passengers on a forklift.
  9. Forklift operators must use seatbelts for their own safety. Hold on firmly and remain in the cabin in the event of an overturn.
  10. Do not lift people using a forklift as forklifts are designed to lift and move loads.
  11. Avoid turning when operating on ramps or inclines.
  12. Travel in reverse when vision is blocked. Always sound the horn and slow down when approaching corners and intersections.

(This article was extracted from OSH ALert dated 26 Dec 2006 from the Ministry of Manpower, Singapore)

Tuesday, December 19, 2006

Falling from Height: Tilted Gondola Takes a Life

A construction worker fell to his death from a tilted gondola at a
construction worksite this year.

The tragedy happened while two workers were attempting to reposition a gondola on the external cantilevered platform at the 9th storey of a building under construction. While one of the workers had repositioned the outriggers at the top of the building, the deceased who was inside the gondola attempted to tension the cables with the climbers. As a result, the gondola tilted and the deceased plunged to his death.

Investigation by the Ministry of Manpower (MOM) is still in progress.

Advisory Note
(Please note that the advisory note is provided for the benefits of enhancing workplace safety and health, in no way the information is to be misconstrued as implying any liability on any party)
  1. All works involving the erection, installation, alteration and dismantling of suspended scaffold shall be undertaken by an Approved Suspended Scaffold Contractor.
  2. The suspended scaffold, including its suspension ropes and climbers must be in good condition and free from defects. A maintenance programme must be implemented to ensure proper working condition of the suspended scaffold.
  3. A competent person shall be appointed to carry out the necessary inspections on the
    suspended scaffold prior to use, and after any event that could affect the safe operation of the scaffold.
  4. All operators of the suspended scaffold must be adequately trained in the proper use of the scaffold. All persons riding on the suspended scaffold shall be equipped with a safety harness which shall be attached to an independent lifeline at all times.
  5. All handheld tools used in a suspended scaffold must be properly secured to prevent them from dropping out of the scaffold. The area below the scaffold must be cordoned off to prevent the risk of objects falling down on any persons.
  6. Adequate risk assessment shall be conducted for the use of suspended scaffolds. All erectors/operators/users of suspended scaffold shall be briefed on the safe work procedures that have been established.

This article was extracted from OHS Alert dated 4 December 2006, issued by the Ministry of Manpower.

Ladder Safety

This article was adapted from the Electrical Safety - Safety and Health for Electrical Trades by Dept. of Health and Human Services, NIOSH

To prevent injury when climbing, follow these procedures:
1. Position the ladder at a safe angle to prevent slipping. The horizontal distance from the base of the ladder to the structure should be one-quarter the length of the ladder. If you don’t have a way to make this measurement, follow the steps below to determine if the ladder is positioned at a safe angle.

  • Put your feet at the base of the ladder and extend your arms straight out.
  • If you can touch the closest part of the ladder without bending your arms, the ladder is probably at the correct angle.
  • If you have to bend your arms to touch the closest part of the ladder or if you can’t reach the ladder at all, the ladder is not positioned at a safe angle.

2. Make sure the base of the ladder has firm support and the ground or floor is level. Be very careful when placing a ladder on wet, icy, or otherwise slippery surfaces. Special blocking may be
needed to prevent slipping in these cases.
3. Follow the manufacturer’s recommendations for proper use.
4. Check the condition of the ladder before using it. Joints must be tight to prevent wobbling or leaning.
5. When using a stepladder, make sure it is level and fully open. Always lock the hinges. Do not stand on or above the top step.
6. When using scaffolding, use a ladder to access the tiers. Never climb the cross braces.
7. Do not use metal ladders. Instead, use ladders made of fiberglass. (Although wooden ladders are permitted, wood can soak up water
and become conductive.)
8. Beware of overhead powerlines when you work with ladders and
scaffolding.

Monday, November 13, 2006

Forklift Accidents


Taking Stock Takes Tragic Turn
Tasked to take stock, a worker had squeezed into a gap between racks of goods to take count. In a tragic turn of events, he was crushed to death when a forklift pushed the racks closer.
The Ministry of Manpower (MOM) immediately instructed the occupier to stop all operations in the premises. Investigation has commenced and is still in progress. The occupier was also instructed to conduct risk assessment on all types of work and develop safe work procedures.

Toppled Forklift Takes a Life
The second day on the job sadly marked the end of a young forklift driver. The 25-year-old worker was killed instantly when the forklift he was operating toppled off a ramp.
The Ministry of Manpower immediately instructed the occupier to stop all forklift operations in the premises. Investigation has commenced and is still on-going.


Worker Ran Over by Forklift
A short nap near a vehicle access road (part of a T-junction) by a 30-year-old worker, turned fatal when he was run over by a forklift. The worker, a painter/grinder, who was lying next to a steel fabricated block died on the spot.
The occupier was instructed to review all forklift operations and plant maintenance in the yard. Investigation is still on-going.

Advisory Note - Eight Safety Tips for Forklifts
(Please note that the advisory note is provided for the benefits of enhancing workplace safety and health, in no way the information is to be misconstrued as implying any liability on any party)

Forklifts are powerful machines that if handled improperly can turn into deadly weapons. Here are eight tips to bear in mind for the safe handling of forklifts:
  1. Check to ensure that the forklift driver is properly qualified to operate a forklift and has undergone all mandatory training before employment.
  2. Undertake all safety procedures including pre-use checks before starting to use the forklift.
  3. Avoid shock-loading/over-loading forklifts.
  4. Do not use forklifts for the wrong purposes; as bulldozers, or elevators, for example.
  5. Never drive an unloaded forklift with the forks raised and drive at a safe speed.
  6. Never disable the safety features such as seat safety switches and reversing beepers to avoid annoyance. Regular forklift maintenance must be carried out.
  7. Access routes for workers and forklifts must be clearly marked and separated whenever practicable.
  8. There must be proper work coordination to ensure that materials or objects handled by the forklift do not pose hazard to other workers.

To ensure that comprehensive risk assessment and proper safety measures are in place for forklift operations, the MOM's Occupational Safety and Health (OSH) inspectors will be intensifying their checks on forklift operations with effect from 10 July 2006.

Click on the following to read the MOM press release on forklift operation:
http://www.mom.gov.sg/PressRoom/PressReleases/20060703-MOMtargetsforkliftoperationstoimproveworkplacesafety.htm
The Workplace Safety and Health Advisory Committee (WSHAC) has designed a checklist for efficient and safe forklift operation. Click the following to download the checklist:
http://www.mom.gov.sg/NR/rdonlyres/76133C9E-00E6-4A32-94B7-232AEB9D3932/10600/Checklistonforkliftoperations_Jun2006.pdf

From Ministry of Manpower, Singapore in the OSH Alert dated 6 July 2006

Lorry Crane Topple

Fatal Accident Involving A Lorry Crane
A fatal accident took place at a construction site in early 2006 when a lorry crane was deployed to transfer reinforcement bars from a trailer into an excavation.
During the lifting process, the lorry crane lost its stability and toppled onto the bank of the excavation. The lorry crane operator was pinned by the falling rebars that were loaded on the bed of the lorry crane. He was conveyed to hospital where he succumbed to his injuries.



Advisory Note (Please note that the advisory note is provided for the benefits of enhancing workplace safety and health, in no way the information is to be misconstrued as implying any liability on any party)
  1. Under the WSH (Risk Management) Regulations, comprehensive risk assessment shall be conducted for all work processes to eliminate or control risks. For lifting operations, risk assessment shall be conducted to evaluate the types of equipment (such as cranes) appropriate for the intended lifting operations, afterwhich safe work procedures to be developed and implemented for use of that equipment.
  2. The primary function of a lorry crane is to facilitate the loading and unloading of materials/goods within close proximity to the lorry crane itself. Occupiers and employers should ensure that lorry cranes are used for this intended purpose.
  3. The operation of all cranes and lifting machines must adhere to the manufacturers’ safety guidelines. If the crane or lifting machine’s outriggers cannot be extended as per manufacturer’s specifications due to space constraints, alternative methods like re-positioning the crane to a more spacious locations or the use of other types of cranes (such as crawler crane) without the need for outriggers should be considered.

Article from Ministry of Manpower, Singapore on OSH Alert, dated 30 Oct 2006

Wednesday, September 20, 2006

Unsafe Practices


Some people don't value their lives... some snapshots from Singapore.

Why bother with personal protective equipment (PPE) ... when we can do without it..




Easily 8m drop. <--

Confined space entry without PPE

Friday, September 01, 2006

Worker killed in laundry fire caused by spontaneous ignition


Reported on 7 August 2006

A fire broke out at the ground floor of a laundry in the middle of the night. Four workers were sleeping at the second level of the factory at the time of the fire. Three of them managed to escape by jumping out of the window, but one of the workers failed to escape and was killed in the fire.
Preliminary investigation revealed that the fire could have been probably caused by spontaneous ignition, a result of poor dissipation of heat generated from chemical reactions of chemical residues in the laundry.

Advisory Note (Please note that the advisory note is provided for the benefits of enhancing workplace safety and health, in no way the information is to be misconstrued as implying any liability on any party)

  1. Spontaneous ignition may occur when heat, combustible material and reactive chemicals are present. Besides laundry factories, this dangerous combination can also be found in other workplace conditions such as stacks of oil-stained cloth left in an excavator cabin under the hot sun or a load of oil-stained fabrics stored in a boiler room of a chemical plant.
  2. A laundry fires study* highlighted that spontaneous ignition was the cause of the vast majority of these fires. The ignition can take place over a period of time, ranging from three to more than 57 hours. This implies that fires caused by spontaneous ignition can occur after working hours.
  3. Laundry factories need to take note of spontaneous ignition as they are always exposed to the dangerous combination of heat, combustible material and reactive chemicals. In addition, soiled linens can contain all sorts of potentially reactive materials. Here are some measures that laundry factories should implement:
    a. Inform all workers of the hazard of spontaneous ignition.
    b. Make sure that all the dryers have a cool down cycle long enough to properly lower the temperature of the dryer load. Check the temperature settings of each dryer on a regular basis.
    c. Maintain dryers regularly to ensure that laundry will not be heated to excessively high temperatures.
    d. Wash items with oily stains thoroughly and use a proper heavy-duty liquid laundry detergent.
    e. Allow enough time for all heat to dissipate before folding or bundling.
    f. Never store bundled or folded laundry in boiler rooms, next to hot water heaters, behind dryers, or any areas where the temperature is higher than normal room temperature.
    g. Install smoke detectors and sprinklers in areas where bundled or stacked laundry are stored. Ensure effective implementation of other emergency measures like fire extinguishers, evacuation route and fire drills.
    h. Never allow large loads to remain in dryers after the drying cycle has ended.
    i. When a laundry catches fire, normal plastic laundry carts will melt and the flaming liquid plastic can spread the fire. Check with your cart supplier or manufacturer to ensure that the laundry carts are made of noncombustible or highly fire-retardant materials.
  4. MOM is in the midst of developing a Technical Advisory on spontaneous ignition. The Technical Advisory will be made available to all laundry factories in due course.


* Robison, Don. “Laundry Fire, Probable Cause: Spontaneous Ignition” in Industrial Fire World Magazine.

Noise-Induced Hearing Loss

On this page:

How do we hear?
What sounds cause NIHL?
What are the effects of NIHL?
What are the symptoms of NIHL?
Who is affected by NIHL?
Can NIHL be prevented?
What research is being done for NIHL?
Where can I get additional information?


Every day we experience sound in our environment such as the television, radio, washing machine, automobiles, buses, and trucks. But when an individual is exposed to harmful sounds--sounds that are too loud or loud sounds over a long time--sensitive structures of the inner ear can be damaged, causing noise-induced hearing loss (NIHL).


How do we hear?
Hearing is a series of events in which the ear converts sound waves into electrical signals that are sent to the brain and interpreted as sound. The ear has three main parts: the outer, middle, and inner ear. Sound waves enter through the outer ear and reach the middle ear where they cause the eardrum to vibrate.


The vibrations are transmitted through three tiny bones in the middle ear, called the ossicles. These three bones are named the malleus, incus, and stapes (and are also known as the hammer, anvil, and stirrup). The eardrum and ossicles amplify the vibrations and carry them to the inner ear. The stirrup transmits the amplified vibrations through the oval window and into the fluid that fills the inner ear. The vibrations move through fluid in the snail-shaped hearing part of the inner ear (cochlea) that contains the hair cells. The fluid in the cochlea moves the top portion of the hair cells, called the hair bundle, which initiates the changes that lead to the production of nerve impulses. These nerve impulses are carried to the brain, where they are interpreted as sound. Different sounds move the hair bundles in different ways, thus allowing the brain to distinguish one sound from another, such as vowels from consonants.

What sounds cause NIHL?
NIHL can be caused by a one-time exposure to loud sound as well as by repeated exposure to sounds at various loudness levels over an extended period of time. The loudness of sound is measured in units called decibels. For example, normal conversation is approximately 60 decibels, the humming of a refrigerator is 40 decibels, and heavy city traffic noise can be 85 decibels. Examples of sources of loud noises that cause NIHL are motorcycles, firecrackers, and firearms, all emitting sounds from 120 to 150 decibels. Sounds of less than 80 decibels, even after long exposure, are unlikely to cause hearing loss.

Exposure to harmful sounds causes damage to the sensitive hair cells of the inner ear as well as the hearing nerve. These structures can be injured by two kinds of noise: loud impulse noise, such as an explosion, or loud continuous noise, such as that generated in a woodworking shop.


What are the effects of NIHL?
Impulse sound can result in immediate hearing loss that may be permanent. The structures of the inner ear may be severely damaged. This kind of hearing loss may be accompanied by tinnitus, a ringing, buzzing, or roaring in the ears or head, which may subside over time. Hearing loss and tinnitus may be experienced in one or both ears, and tinnitus may continue constantly or occasionally throughout a lifetime.

Continuous exposure to loud noise also can damage the structure of the hair cells, resulting in hearing loss and tinnitus. Exposure to impulse and continuous noise may cause only a temporary hearing loss. If the hearing recovers, the temporary hearing loss is called a temporary threshold shift. The temporary threshold shift largely disappears 16 to 48 hours after exposure to loud noise.

Both forms of NIHL can be prevented by the regular use of hearing protectors such as earplugs or earmuffs.


What are the symptoms of NIHL?
The symptoms of NIHL increase gradually over a period of continuous exposure. Sounds may become distorted or muffled, and it may be difficult for the person to understand speech. The individual may not be aware of the loss, but it can be detected with a hearing test.

Who is affected by NIHL?
More than 30 million Americans are exposed to hazardous sound levels on a regular basis. Individuals of all ages, including children, adolescents, young adults, and older people, can develop NIHL. Exposure occurs in the workplace, in recreational settings, and at home. Noisy recreational activities include target shooting and hunting, snowmobiling, riding go-carts, woodworking and other noisy hobbies, and playing with power horns, cap guns, and model airplanes. Harmful noises at home include vacuum cleaners, garbage disposals, gas-powered lawn mowers, leaf blowers, and shop tools. And it makes no difference where a person lives--both urban and rural settings offer their own brands of noisy devices on a daily basis. Of the 28 million Americans who have some degree of hearing loss, about one-third can attribute their hearing loss, at least in part, to noise.

Can NIHL be prevented?
NIHL is preventable. All individuals should understand the hazards of noise and how to practice good health in everyday life.

  • Know which noises can cause damage (those above 85 decibels).
  • Wear earplugs or other hearing protective devices when involved in a loud activity (special earplugs and earmuffs are available at hardware stores and sporting good stores).
  • Be alert to hazardous noise in the environment.
  • Protect children who are too young to protect themselves.
  • Make family, friends, and colleagues aware of the hazards of noise.
  • Have a medical examination by an otolaryngologist, a physician who specializes in diseases of the ears, nose, throat, head, and neck, and a hearing test by an audiologist, a health professional trained to identify and measure hearing loss and to rehabilitate persons with hearing impairments.

What research is being done for NIHL?
Scientists are studying the internal workings of the ear and the mechanisms that cause NIHL so that better prevention and treatment strategies can be developed. For example, scientists have discovered that damage to the structure of the hair bundle is related to temporary and permanent loss of hearing. When the hair bundle is exposed to prolonged periods of damaging sound, the basic structure of the hair bundle is destroyed and the important connections among hair cells are disrupted. These structural changes lead directly to hearing loss.

Recent NIDCD research
Recent findings by NIDCD researchers show that hair bundles are capable of rebuilding their structure from top to bottom over a 48-hour period (the common duration of temporary hearing loss). Researchers suggest that permanent hearing loss may occur when damage is so severe that it overwhelms the self-repair mechanism. 1
1 Schneider M.E., Belyantseva I.A., Azevedo R.B., Kachar B. Rapid renewal of auditory hair bundles. Nature. 22 Aug 2002. 418(6900): 837-838.

Drug therapies
Other studies involve potential drug therapies for NIHL. For example, scientists are studying how changes in blood flow in the cochlea affect hair cells. When a person is exposed to loud noise, blood flow in the cochlea drops. However, a drug that is used to treat peripheral vascular disease (any abnormal condition in blood vessels outside the heart) maintains circulation in the cochlea during exposure to noise. These findings may lead to the development of treatment strategies to reduce NIHL.
Continuing efforts will provide opportunities that can aid research on NIHL as well as other diseases and disorders that cause hearing loss.

http://www.nidcd.nih.gov/health/hearing/noise.asp

Workplace Safety and Health Act (General Provisions) Reg 2006

NO. S 134
First published in the Government Gazette, Electronic Edition, on 1st March 2006 at 5:00 pm.

WORKPLACE SAFETY AND HEALTH ACT 2006
(ACT 7 OF 2006)

WORKPLACE SAFETY AND HEALTH
(GENERAL PROVISIONS)
REGULATIONS 2006


ARRANGEMENT OF REGULATIONS
PART I PRELIMINARY
Regulation
1. Citation and commencement
2. Definitions
PART II GENERAL PROVISIONS RELATING TO HEALTH
3. Infectious agents and biohazardous material
4. Overcrowding
5. Ventilation
6. Lighting
7. Drainage of floors
8. Sanitary conveniences
9. Reduction of vibration
10. Protection against excessive heat or cold and harmful radiations
PART III GENERAL PROVISIONS RELATING TO SAFETY
11. Prime movers
12. Electric generator, motor, transmission machinery, etc.
13. Removal of fencing from machinery
14. Electrical installation and equipment
15. Construction and maintenance of fencing or other safeguards
16. Lock-out procedures
17. Protective measures relating to tanks, structures, sumps or pits containing dangerous substances
18. Self-acting machines
19. Hoists and lifts
20. Lifting gears
21. Lifting appliances and lifting machines
22. Register of lifting gears, etc.
23. Measures to be taken to prevent falls
24. Storage of goods
25. Dangerous fumes and lack of oxygen in confined spaces
26. Precautions with regard to explosive or flammable dust, gas, vapour or substance
27. Condition before steam boiler, steam receiver, air receiver or refrigerating plant pressure receiver may be used
28. Steam boilers
29. Steam receivers
30. Steam containers
31. Air receivers
32. Periodical examinations when authorised examiner is not available
33. Pressure vessel containing hazardous substance
34. Pipes and equipment conveying certain substances
35. Gas plants
36. Repair of pressure vessel
37. Prevention of fire
38. Safety provisions in case of fire
PART IV SPECIAL PROVISIONS RELATING TO HEALTH, SAFETY AND WELFARE
39. Toxic dust, fumes or other contaminants
40. Permissible exposure levels of toxic substances
41. Hazardous substances
42. Warning labels
43. Safety data sheet
44. Safety and health management system
PART V MISCELLANEOUS
45. Offence
46. Revocation
The Schedules

In exercise of the powers conferred by section 65 of the Workplace Safety and Health Act 2006, the Minister for Manpower hereby makes the following Regulations:


PART I - PRELIMINARY

Citation and commencement
1. These Regulations may be cited as the Workplace Safety and Health (General Provisions) Regulations 2006 and shall come into operation on 1st March 2006.
Definitions
2. In these Regulations, unless the context otherwise requires —
‘‘competent person’’ means a person who has sufficient experience and training to perform the work required to be carried out, and has passed such courses as the Commissioner may require for that work;
‘‘electrical equipment’’ —
(a) means any machine, appliance, apparatus or lighting fitting which consumes or utilises electricity in its operation or use; and
(b) includes any cable, wire and other device necessary to enable it to be connected to a source of electricity supply;
‘‘fume’’ includes gas or vapour;
‘‘hazardous substance’’ means any hazardous substance specified in Part II of the Fifth Schedule to the Act;
‘‘PEL (Long Term)’’ means the permissible exposure level over an 8-hour working day and a 40-hour work week;
‘‘PEL (Short Term)’’ means the permissible exposure level over a 15-minute period during any working day;
‘‘permissible exposure level’’ means the maximum time weighted average concentration of a toxic substance to which any person may be exposed;
‘‘plant’’ means any machinery, vessel, pipe or other apparatus or combination thereof which is connected or used for the purpose of making a product;
‘‘safe working load’’ means —
(a) the safe working load specified in the certificate of test and examination obtained for the purposes of regulation 19, 20 or 21; or
(b) where there is no such certificate, the safe working load as ascertained by an authorised examiner;
‘‘safe working pressure’’ means the pressure specified in the report of examination referred to in regulation 28, 29 or 31;
‘‘tank’’ includes any pipe and valve thereof and all its fittings and attachments;
‘‘time weighted average concentration’’ means the concentration determined by adding together the products of each concentration and the corresponding time over which that concentration was measured, and dividing the sum by the total time over which the measurements were taken;
‘‘toxic substance’’ means any substance which may cause irritation, bodily injury or any harmful effect to a person through ingestion, inhalation or contact with any body surface, and includes any substance specified in the First Schedule;
‘‘transmission machinery’’ means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance.


PART II - GENERAL PROVISIONS RELATING TO HEALTH

Infectious agents and biohazardous material
3.—(1) Where any person at work in any factory carries out any process, operation or work involving exposure to any infectious agents or biohazardous material which may constitute a risk to his health, it shall be the duty of the employer of that person to take
effective measures to protect that person from their harmful effects.
(2) In this regulation, ‘‘biohazardous material’’ includes —
(a) any substance which contains toxins;
(b) any biological waste;
(c) any culture medium;
(d) any contaminated blood, urine or faeces;
(e) any infected tissue or organ; and
(f) any infected animal.
Overcrowding
4. It shall be the duty of the occupier of a factory to ensure that while work is carried on in the factory, the factory is not overcrowded so as to pose safety and health risks to the persons at work therein.
Ventilation
5.—(1) Subject to paragraph (3), it shall be the duty of the occupier of a factory to ensure that every workroom of the factory is provided with adequate ventilation.
(2) Where gases, vapours or other impurities are generated in the course of any process or work carried out in a factory which may be injurious to health, it shall be the duty of the occupier of the factory to provide effective and suitable ventilation —
(a) for securing and maintaining the circulation of fresh air in the factory; and
(b) to render harmless, so far as is reasonably practicable, all such gases, vapours or other impurities.
(3) This regulation shall not apply to any factory where it is impracticable to make provision for adequate ventilation and where suitable air-supplied breathing apparatus is provided to persons at work in the factory.
Lighting
6. It shall be the duty of the occupier of a factory to provide and maintain sufficient and suitable lighting, whether natural or artificial, in every part of the factory in which persons are at work or passing.
Drainage of floors
7. In any factory where any process is carried on which renders the floor liable to be wet, it shall be the duty of the occupier of the factory to provide and maintain, so far as is reasonably practicable, effective means for draining off the wet.
Sanitary conveniences
8. It shall be the duty of the occupier of a factory —
(a) to provide, maintain and keep clean, sufficient and suitable sanitary conveniences for the persons at work in the factory; and
(b) to provide and maintain sufficient and suitable lighting for these sanitary conveniences.
Reduction of vibration
9. In any factory where persons are at work in any process or operation which involves exposure to vibration which may constitute a risk to their health, it shall be the duty of the occupier of the factory to provide, so far as is reasonably practicable, effective means to reduce the vibration.
Protection against excessive heat or cold and harmful radiations
10. It shall be the duty of the occupier of a factory to take all reasonably practicable measures to ensure that persons at work in the factory are protected from excessive heat or cold and harmful radiations.


PART III - GENERAL PROVISIONS RELATING TO SAFETY
Prime movers
11. Subject to regulation 13, it shall be the duty of the occupier of a factory to ensure that in every factory where a prime mover is used, every flywheel connected to the prime mover and every moving part of the prime mover is securely fenced, whether the flywheel or prime mover is situated in the engine house or not.
Electric generator, motor, transmission machinery, etc.
12.—(1) Subject to regulation 13, it shall be the duty of the occupier of a factory to ensure that every dangerous part (including any flywheel) of any electric generator, motor, transmission machinery or other machinery in the factory is securely fenced unless the dangerous part of the generator, motor or machinery — (a) is in such a position or of such construction as to be safe to every person at work in the factory as it would be if securely fenced; or
(b) is made safe for persons at work in the factory by other effective means which will protect the persons from being injured by the dangerous part when that part is in motion or in use.
(2) It shall be the duty of the occupier of a factory to ensure that in any room or place in the factory where transmission machinery is used, there is provided and maintained efficient devices or appliances in that room or place by which the power can promptly be cut off from the transmission machinery.
(3) Without prejudice to the generality of paragraph (1), it shall be the duty of the occupier of a factory to ensure that any part of a stock-bar used in a factory which projects beyond the headstock of a lathe is securely fenced or is otherwise made safe to every person at work in the factory.
Removal of fencing from machinery
13.—(1) Subject to paragraph (2), the fencing or other effective means referred to in regulations 11 and 12 (1) which are used to render machinery safe may be removed to such extent as is necessary when—
(a) a person is carrying out in the factory, while the part of machinery is in motion —
(i) any examination of the machinery or part of the machinery; or
(ii) any lubrication or adjustment shown by such examination to be immediately necessary, being an examination, a lubrication or an adjustment which is necessary to be carried out while the part of machinery is in motion; or
(b) a person is carrying out in the factory any lubrication or any mounting or shifting of belts in respect of any part of a transmission machinery and if —
(i) the Commissioner has determined that, owing to the continuous nature of such process, the stopping of that part would seriously interfere with the carrying on of the process in the factory; and
(ii) the lubrication or mounting or shifting of belts is carried out by such methods and in such circumstances and subject to such conditions as the Commissioner may determine.
(2) Paragraph (1) shall only apply where —
(a) the relevant examination, lubrication or other operation is carried out by a person who —
(i) has attained the age of 20 years;
(ii) has been trained to carry out, and is acquainted with the dangers of moving machinery connected with the relevant examination, lubrication or other operation; and
(iii) is wearing clothing which has no loose ends and which is fastened by means having no exposed loose ends;
(b) another person, instructed as to the steps to be taken in case of an emergency, is immediately available within sight or hearing of the person carrying out the relevant examination, lubrication or other operation; and
(c) any ladder or work platform in use for the carrying out of the relevant examination, lubrication or other operation is securely fixed or lashed, or is firmly held by a person stationed at the foot of the ladder.
Electrical installation and equipment
14.—(1) It shall be the duty of the occupier of a factory to ensure that every electrical installation and electrical equipment in the factory —
(a) is of good construction, sound material and free from defects; and
(b) is used and maintained in such manner so that it is safe to use.
(2) It shall be the duty of the occupier of a factory to ensure that all reasonably practicable measures are taken to protect any person against the risks of electric shock arising from or in connection with the use at work of any electrical installation or equipment in the factory.
Construction and maintenance of fencing or other safeguards
15.—(1) It shall be the duty of the occupier of a factory to ensure that all fencing or other safeguards required to be provided for the purposes of regulations 11 and 12 are —
(a) of substantial construction;
(b) properly maintained; and
(c) kept in position and properly adjusted to render the machinery safe for any person while the parts required to be fenced or safeguarded are in motion or in use.
(2) Paragraph (1) (c) shall not apply where —
(a) the parts mentioned in that paragraph are necessarily exposed in motion for examination and for any lubrication or adjustment shown by such examination to be immediately necessary; and
(b) all the conditions specified in regulation 13 (2) are complied with.
Lock-out procedures
16.—(1) It shall be the duty of the occupier of a factory to establish and implement lock-out procedures relating to the inspection, cleaning, repair or maintenance of any plant, machinery, equipment or electrical installation in the factory that, if inadvertently activated or energised, is liable to cause bodily injury to any person.
(2) It shall be the duty of the occupier of a factory to ensure that every person carrying out any inspection, cleaning, repair or maintenance of any plant, machinery, equipment or electrical installation in the factory is fully instructed on the lock-out procedures for that work before commencing that work.
(3) In this regulation, ‘‘lock-out procedures’’ means a set of procedures —
(a) to ensure that all energy sources to the relevant plant, machinery, equipment or electrical installation are isolated, disconnected or discharged; and
(b) to prevent any part of the plant, machinery, equipment or electrical installation from being inadvertently activated or energised.
Protective measures relating to tanks, structures, sumps or pits containing dangerous substances
17.—(1) Where any tank, structure, sump or pit in a factory contains any scalding, burning, corrosive or toxic liquid and the edge of the tank, structure, sump or pit is less than one metre above the highest ground or platform from which a person might fall into it, it shall be the duty of the occupier of the factory to ensure that —
(a) the tank, structure, sump or pit is securely covered or is securely fenced to a height of at least one metre above that ground or platform; or
(b) where by reason of the nature of the work, neither secure covering nor secure fencing to that height is practicable, all reasonably practicable steps are taken by covering, fencing or other means to prevent any person from falling into the tank, structure, sump or pit.
(2) Where any tank, structure, sump or pit in a factory contains any scalding, burning, corrosive or toxic liquid but is not securely covered, it shall be the duty of the occupier of the factory to ensure that no ladder, stair or gangway is placed above, across or inside it unless the ladder, stair or gangway is —
(a) at least 500 millimetres wide; and
(b) securely fenced to a height of at least one metre and securely fixed.
(3) Where any such tank, structure, sump or pit in a factory referred to in paragraph (2) adjoins another tank, structure, sump or pit, and —
(a) the space between them, clear of any surrounding brick or other work, is less than 500 millimetres in width; or
(b) each tank, structure, sump or pit is not securely fenced to a height of at least one metre,
it shall be the duty of the occupier of the factory to ensure that secure barriers are so placed as to prevent passage between them.
(4) For the purposes of this regulation, a ladder, stair or gangway shall not be considered to be securely fenced unless it is provided either with sheet fencing or with an upper and a lower rail and toe boards.
(5) Where any tank, structure, sump or pit in a factory contains any scalding, burning, corrosive or toxic liquid, it shall be the duty of the occupier of the factory to ensure that a warning notice indicating the nature of the danger and in a form readily understood by persons at work in that factory —
(a) is marked on or attached to the tank, structure, sump or pit; or
(b) if this is not reasonably practicable, is posted nearby.
Self-acting machines
18.—(1) It shall be the duty of the occupier of a factory to take all reasonably practicable steps to ensure that any self-acting machine in the factory poses no risk to the safety and health of any person working in the factory.
(2) The reasonably practicable steps include the following:
(a) ensuring that no traversing part of any self-acting machine nor any material carried thereon shall, if the space into which it runs is a space over which any person (whether or not at work) is liable to pass, be less than 500 millimetres measured from any fixed structure not being part of the machine to the furthest point of its inward or outward traverse;
(b) ensuring that no person at work in the factory shall, when the machine is in operation, be in the space between any traversing part of the machine and any fixed part of the machine towards which the traversing part moves on the inward run; and
(c) displaying on such machinery or at a place nearest to the process or work a notice written in languages understood by the persons at work using such machinery or in any such process or work describing the safety measures to be observed.
Hoists and lifts
19.—(1) No hoist or lift shall be used in a factory unless an authorised examiner has —
(a) tested and examined the hoist or lift after its installation; and
(b) issued and signed a certificate of test and examination, specifying the safe working load of the hoist or lift.
(2) The certificate of test and examination referred to in paragraph (1) (b) shall be kept available for inspection.
(3) Subject to paragraph (10) (c), every hoist or lift used in a factory shall be thoroughly examined by an authorised examiner at least once every 6 months or at such other intervals as the Commissioner may determine.
(4) Every hoistway or liftway used in a factory shall be efficiently protected by a substantial enclosure fitted with gates that will, when the gates are shut, prevent any person from falling down the way or coming into contact with any moving part of the hoist or lift.
(5) Subject to paragraph (10) (b), any gate referred to in paragraph (4) shall be fitted with efficient interlocking or other devices to ensure that —
(a) the gate cannot be opened except when the cage or platform is at the landing; and
(b) the cage or platform cannot be moved away from the landing until the gate is closed.
(6) Every hoist or lift and every enclosure referred to in paragraph (4) shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between —
(a) any part of the hoist or lift and any fixed structure; or
(b) the counterbalance weight and any other moving part of the hoist or lift.
(7) Every hoist or lift shall be marked conspicuously with the maximum working load which it can safely carry.
(8) No hoist or lift shall be used in a factory to carry a load exceeding its maximum working load.
(9) The following additional requirements shall apply to lifts used in a factory:
(a) efficient automatic devices shall be provided and maintained to prevent the cage or platform from over-running;
(b) every cage shall, on each side from which access is afforded to a landing, be fitted with a gate with efficient devices to ensure that, when persons or goods are in the cage, the cage —
(i) cannot be raised or lowered unless all the gates are closed; and
(ii) will come to rest when a gate is opened; and
(c) where the cage or platform of the lift is suspended by rope or chain —
(i) the cage or platform shall be separately connected with at least 2 ropes or chains, each rope or chain and its attachments being capable of carrying the whole weight of the cage or platform and its maximum working load; and
(ii) efficient devices shall be provided and maintained which will support the cage or platform with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments.
(10) In the case of a hoist or lift used in a factory which is not powered with mechanical power —
(a) paragraph (9) shall not apply;
(b) the gate referred to in paragraph (4) shall be kept closed and fastened except when the cage or platform is at rest at the landing; and
(c) a thorough examination of the hoist or lift shall be carried out at least once every year by an authorised examiner.
(11) Where a hoistway or liftway inside a factory building passes through 2 or more floors —
(a) the hoistway or liftway shall be completely enclosed with fire-resisting materials, except that the top shall be enclosed only by some material easily broken in case of fire, or be provided with a vent; and
(b) all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials.
(12) It shall be the duty of the occupier of a factory in which a hoist or lift is used to comply with paragraphs (1) to (11).
(13) It shall be the duty of an authorised examiner to —
(a) issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);
(b) provide the certificate referred to in sub-paragraph (a) to the occupier of the factory;
(c) inform the Commissioner —
(i) as soon as is reasonably practicable, if the examination shows that the hoist or lift cannot continue to be used safely unless repairs are made; or
(ii) in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d) exercise all due diligence in making any certification or in conducting any test or examination of any hoist or lift under this regulation.
(14) For the purposes of this regulation, no lifting machine or appliance shall be considered to be a hoist or lift unless it has a cage or platform and the direction of movement of the cage or platform is restricted by a guide or guides.
(15) This regulation shall not apply to any lift which has been inspected and tested under the Building Maintenance and Strata Management (Lift and Building Maintenance) Regulations 2005 (G.N. No. S 194/2005) and for which a Certificate of Lift Maintenance and Testing has been lodged with the Commissioner of Buildings.
Lifting gears
20.—(1) No lifting gear of whatever material shall be used in a factory unless an authorised examiner has —
(a) tested and examined the lifting gear; and
(b) issued and signed a certificate of test and examination, specifying the safe working load of the lifting gear.
(2) The certificate of test and examination referred to in paragraph (1) (b) shall be kept available for inspection.
(3) Every lifting gear used in a factory shall be thoroughly examined by an authorised examiner at least once every year or at such other intervals as the Commissioner may determine.
(4) Subject to paragraph (5), every lifting gear shall be annealed at the following intervals:
(a) if in regular use —
(i) in the case of chains used in connection with molten metal or molten slag, at least once every 6 months; or
(ii) in any other case, at least once every year; or
(b) if not in regular use, only when necessary.
(5) Paragraph (4) shall not apply to the following classes of lifting gear:
(a) chains made of malleable cast iron;
(b) plate link chains;
(c) chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal;
(d) pitched chains working on sprocket or pocketed wheels;
(e) rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;
(f) hooks and swivels having screw-threaded parts or ball-bearings or other case-hardened parts;
(g) socket shackles secured to wire ropes by white metal capping;
(h) bordeaux connections;
(i) rope or rope sling; and
(j) any chain or lifting tackle which has been subjected to the heat treatment known as ‘‘normalising’’ instead of annealing.
(6) No lifting gear shall be loaded beyond its safe working load except by an authorised examiner or an inspector for the purpose of testing such lifting gear.
(7) It shall be the duty of the occupier of a factory in which a lifting gear is used to comply with paragraphs (1) to (4) and (6).
(8) Paragraphs (1) and (3) do not apply to any lifting gear which consists of fibre ropes or fibre slings.
(9) It shall be the duty of an authorised examiner to —
(a) issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);
(b) provide the certificate referred to in sub-paragraph (a) to the occupier of the factory;
(c) inform the Commissioner —
(i) as soon as is reasonably practicable, if the examination shows that the lifting gear cannot continue to be used safely unless repairs are made; or
(ii) in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d) exercise all due diligence in making any certification or in conducting any test or examination of any lifting gear under this regulation.
(10) It shall be the duty of the owner of a lifting gear to ensure that it is —
(a) of good construction, sound material, adequate strength and free from patent defect; and
(b) properly maintained.
(11) An inspector may at any time test any lifting gear and may prohibit its further use if he is not satisfied that the lifting gear is safe for the use to which it is put.
(12) Any person who contravenes any prohibition of an inspector under paragraph (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Lifting appliances and lifting machines
21.—(1) No lifting appliance or lifting machine shall be used unless an authorised examiner has —
(a) tested and examined the lifting appliance or lifting machine; and
(b) issued and signed a certificate of test and examination, specifying the safe working load of the lifting appliance or lifting machine.
(2) The certificate of test and examination referred to in paragraph (1) (b) shall be kept available for inspection.
(3) Every lifting appliance and lifting machine shall be thoroughly examined by an authorised examiner at least once every year or at such other intervals as the Commissioner may determine.
(4) Every crane, crab and winch shall be provided with a readily accessible and efficient brake or other safety device —
(a) which will prevent the fall of the load when suspended; and
(b) by which the load can be effectively controlled while being lowered.
(5) Every hand winch shall be fitted with an efficient pawl capable of sustaining the safe working load.
(6) Every lifting appliance and lifting machine —
(a) shall be conspicuously marked with its safe working load or loads and a distinctive number or other means of identification; and
(b) in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, shall have an accurate indicator, which must be placed so as to be clearly visible to the driver of the jib crane, that shows the radius of the jib at any time and the safe working load corresponding to that radius.
(7) No lifting appliance or lifting machine shall be loaded beyond its safe working load except by an authorised examiner or an inspector for the purpose of testing such lifting appliance or lifting machine.
(8) Every lifting appliance and lifting machine shall be adequately and securely supported and —
(a) every rope, chain or wire;
(b) every part of a stage, framework or other structure; and
(c) every mast, beam, pole or other article of plant supporting any part of the lifting appliance or lifting machine, shall be of good construction, sound material and adequate strength, having regard to the nature of the lifting appliance, its lifting and reaching capacity and the circumstances of its use.
(9) All rails on which a travelling crane moves, and every track on which the carriage of a transporter or runway moves shall —
(a) be of proper size and adequate strength;
(b) have an even running surface;
(c) be properly laid, adequately supported or suspended; and
(d) be properly maintained.
(10) If any person at work at any place in a factory is on or near the wheel tracks of an overhead travelling crane where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 6 metres of that place.
(11) If any person at work in a factory is not on or near the wheel tracks of an overhead travelling crane but is in a place above floor level where he would be liable to be struck by an overhead traveling crane, or by any load carried by the crane, effective measures shall be taken to warn him of the approach of the crane unless the work of the person is so connected with or dependent on the movements of the crane as to make the warning unnecessary.
(12) A lifting machine shall not be operated except by —
(a) a person trained and competent to operate that machine; or
(b) a person under training who is under the direct supervision of a qualified person.
(13) No person below the age of 18 years shall be at work —
(a) operating any lifting machine driven by mechanical power; or
(b) giving signals to the operator of any lifting machine.
(14) It shall be the duty of the occupier of a factory in which any lifting appliance or lifting machine is used to comply with paragraphs (1) to (13).
(15) It shall be the duty of an authorised examiner to —
(a) issue and sign a certificate, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (3);
(b) provide the certificate referred to in sub-paragraph (a) to the occupier of the factory;
(c) inform the Commissioner —
(i) as soon as is reasonably practicable, if the examination shows that the lifting appliance or lifting machine cannot continue to be used safely unless repairs are
made; or
(ii) in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d) exercise all due diligence in making any certification or in conducting any test or examination of any lifting appliance or lifting machine under this regulation.
(16) It shall be the duty of the owner of a lifting appliance or lifting machine to ensure that it is —
(a) of good mechanical construction, sound material and adequate strength; and
(b) properly maintained.
(17) An inspector may at any time test any lifting appliance or lifting machine and may prohibit its further use if he is not satisfied that the lifting appliance or lifting machine is safe for the use to which it is being put.
(18) Any person who contravenes any prohibition of an inspector under paragraph (17) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Register of lifting gears, etc.
22. It shall be the duty of the occupier of a factory to keep a register containing such particulars as the Commissioner may specify with respect to the lifting gears, lifting appliances and lifting machines to which regulations 20 and 21 apply.
Measures to be taken to prevent falls
23.—(1) All openings in floors of a factory shall be securely covered or fenced unless the nature of the work renders such covering or fencing impracticable.
(2) For every staircase in a factory building or which affords a means of exit from the factory building, a substantial handrail shall be provided and maintained, which —
(a) if the staircase has an open side, shall be on that side; and
(b) if the staircase has 2 open sides, shall be on both sides.
(3) Any open side of a staircase in a factory shall be guarded by the provision and maintenance of a lower rail or other effective means.
(4) Every teagle opening or similar doorway used for hoisting or lowering goods or materials in a factory, whether by mechanical power or otherwise, shall be —
(a) securely fenced; and
(b) provided with a secure handhold on each side of the opening or doorway.
(5) Any fencing referred to in paragraph (4) shall —
(a) be properly maintained; and
(b) except when goods or materials are being hoisted or lowered at the opening or doorway, be kept in position.
(6) It shall be the duty of the occupier of a factory to comply with paragraphs (1) to (5).
(7) Subject to paragraph (8), any person who has to work at a place from which he would be liable to fall —
(a) a distance of more than 2 metres; or
(b) into any substance which is likely to cause drowning or asphyxiation,
shall be provided with a secure foothold and handhold at the place so far as is reasonably practicable for ensuring his safety.
(8) Where it is not reasonably practicable to provide a secure foothold or handhold as required under paragraph (7), other suitable means such as a safety harness or safety belt shall be provided for ensuring the safety of every person working at such places.
(9) Where a safety harness or safety belt is provided under paragraph (8) —
(a) there shall be sufficient and secured anchorage, by means of a life line or otherwise for the safety harness or safety belt; and
(b) the anchorage shall not be lower than the level of the working position of the person wearing the safety harness or safety belt.
(10) It shall be the duty of the employer of the person referred to in paragraph (7) to comply with paragraphs (7), (8) and (9).
(11) It shall be the duty of the employer of a person who is exposed to the risk of falling into water and of drowning to provide —
(a) equipment and means of rescuing and resuscitating drowning persons; and
(b) suitable life jackets or other equipment for keeping such persons afloat in the event that they fall into the water.
(12) No person shall require, permit or direct any person to work at a place from which he would be liable to fall —
(a) a distance of more than 2 metres; or
(b) into any substance which is likely to cause drowning or asphyxiation,
unless the requirements of paragraphs (7), (8) and (9) have been complied with.
(13) Any person who contravenes paragraph (12) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Storage of goods
24.—(1) All goods, articles and substances which are stored, stacked or placed in a factory shall be stored, stacked or placed —
(a) in such manner as not to interfere with —
(i) the adequate distribution of natural or artificial light;
(ii) the proper operation of any machinery or other equipment;
(iii) the unobstructed use of passageways or traffic lanes; and
(iv) the efficient functioning of sprinkler systems or the use of other fire-fighting equipment;
(b) on a firm foundation not liable to settle;
(c) in such manner as not to overload the foundation or floors; and
(d) in such manner, and using such supporting structures as may be necessary, as to ensure the stability, and to prevent the collapse, of the goods, articles or substances.
(2) Any goods, articles or substances which are stored, stacked or placed in a factory shall not be stored, stacked or placed against a wall or partition unless the wall or partition is of sufficient strength to withstand the pressure.
(3) If loads are to be suspended from the roof of any factory, the roof shall be of sufficient strength to carry the loads.
(4) It shall be the duty of the occupier of a factory to comply with paragraphs (1), (2) and (3).
Dangerous fumes and lack of oxygen in confined spaces
25.—(1) Paragraphs (2) to (10) shall apply where work in any factory has to be done inside any chamber, tank, vat, pit, pipe, flue or confined space, in which —
(a) dangerous fumes are liable to be present to such an extent as to involve risk of fire or explosion, or persons being overcome by the fumes; or
(b) the supply of air is inadequate, or is likely to be reduced to be inadequate, for sustaining life.
(2) It shall be the duty of the occupier of a factory to ensure that there is adequate and convenient means of access and egress from the confined space.
(3) Subject to paragraph (4), no person shall enter or remain, and no person shall require, instruct or direct any person to enter or remain, in the confined space for any purpose unless the person entering or remaining in the confined space —
(a) is wearing a suitable breathing apparatus;
(b) has been authorised to enter by a competent person; and
(c) where reasonably practicable, is wearing a safety harness with a rope securely attached and there is a person keeping watch outside who is provided with the means to pull him out in an emergency.
(4) Paragraph (3) shall not apply where a competent person has certified the confined space as safe for entry without breathing apparatus for a specified period and the period so specified has not expired.
(5) No person shall require, instruct or direct any other person to enter or remain in the confined space which has been certified under paragraph (4) as safe for entry without breathing apparatus for a specified period, unless he has warned that other person when the specified period will expire.
(6) No person who has been warned in accordance with paragraph (5) shall remain in the confined space after the specified period has expired.
(7) A competent person shall not certify a confined space under paragraph (4) unless —
(a) effective steps have been taken to prevent any ingress of dangerous fumes;
(b) any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and
(c) the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate to sustain life, but no account shall be taken for the purposes of sub-paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.
(8) It shall be the duty of the employer of any person working in a confined space to ensure that a sufficient supply of suitable breathing apparatus, of belts and ropes, and of suitable reviving apparatus and oxygen are —
(a) provided and kept readily available;
(b) properly maintained; and
(c) thoroughly examined by a competent person at least once a month or at such other intervals as the Commissioner may determine.
(9) It shall be the duty of a competent person to —
(a) issue and sign a report of the result of the examination referred to in paragraph (8) (c);
(b) provide a copy of the report to the employer of the person working in the confined space; and
(c) exercise all due diligence in making any certification or report or in conducting any test or examination under this regulation.
(10) It shall be the duty of the employer of a person working in a confined space to keep a record of every test or examination made under this regulation and to make such record available at all times for inspection.
(11) No person shall enter or remain in, and no person shall require, permit or direct any other person to enter or remain in, any confined space in which the proportion of oxygen in the air is liable to have been reduced to below 19.5% by volume unless —
(a) he is wearing a suitable breathing apparatus; or
(b) the space has been and remains adequately ventilated and a competent person has tested and certified it as —
(i) containing an adequate supply of oxygen; and
(ii) safe for entry without breathing apparatus.
(12) Any person who contravenes paragraph (3), (5), (6) or (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Precautions with regard to explosive or flammable dust, gas, vapour or substance
26.—(1) Where any process in a plant used in a factory gives rise to dust, gas, vapour or substance that may escape into any place of work and the dust, gas, vapour or substance that may escape is of such a character and is to such an extent as to be liable to explode on ignition —
(a) all reasonably practical steps shall be taken to prevent such an explosion —
(i) by enclosure of the plant used in the process;
(ii) by removal or prevention of accumulation of the dust, gas, vapour or substance;
(iii) by exclusion or effective enclosure of possible sources of ignition; or
(iv) by the use of suitable flame-proof equipment; and
(b) unless the plant in which the process is carried out is so constructed as to withstand the pressure likely to be produced by any such explosion, all reasonably practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision of chokes, baffles and vents, or other equally effective appliances in the plant.
(2) Where any part of a plant in a factory contains any explosive or flammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, unless it is positively isolated, depressurised and vented to a safe location, and where necessary, purged to remove any residual gas or vapour.
(3) No plant, tank or vessel in a factory that contains, or has contained, any explosive or flammable substance shall be subjected to —
(a) any welding, brazing or soldering operation;
(b) any cutting operation which involves the application of heat; or
(c) any operation involving the application of heat for the purpose of taking apart or removing the plant, tank or vessel or any part of it,
until all reasonably practicable steps have been taken to remove the substance and any fumes arising from it, or to render the substance and fumes non-explosive and non-flammable.
(4) If any plant, tank or vessel in a factory has been subjected to any operation referred to in paragraph (3) (a), (b) or (c), no explosive or flammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.
(5) No plant, tank or vessel in a factory which contains, or has contained, any explosive or flammable substance shall be subjected to any operation referred to in paragraph (3) (a), (b) or (c) unless such plant, tank or vessel has been inspected and a competent person has certified that —
(a) it is free from —
(i) any explosive or flammable substance; and
(ii) any fumes arising from any such substance; or
(b) any explosive or flammable substance, and any fumes arising from any such substance, have been rendered non-explosive and non-flammable, and that it is safe for the operation to be carried out.
(6) Any certificate issued by a competent person under paragraph (5) in respect of any factory referred to in that paragraph shall be kept available at all times for inspection by an inspector.
(7) It shall be the duty of the occupier of a factory referred to in paragraphs (1) to (6) to comply with those paragraphs.
(8) It shall be the duty of a competent person to exercise all due diligence in making any inspection and certification under this regulation.
Condition before steam boiler, steam receiver, air receiver or refrigerating plant pressure receiver may be used
27.—(1) Subject to paragraph (2), it shall be the duty of the owner of any steam boiler, steam receiver, air receiver or refrigerating plant pressure receiver (referred to in this regulation as relevant equipment) who intends to take the relevant equipment into use in a workplace to —
(a) obtain, in such form and manner as may be determined by the Commissioner, the approval of the Commissioner to use the relevant equipment;
(b) ensure that such examination and test by an authorized examiner as may be specified by the Commissioner has been satisfactorily carried out;
(c) obtain from the authorised examiner a report of the examination and test referred to in sub-paragraph (b), specifying the safe working pressure of the relevant equipment and stating the nature of the tests to which the relevant equipment and its fittings have been submitted;
(d) keep the report referred to in sub-paragraph (c) available for inspection; and
(e) mark the relevant equipment so as to enable it to be identified as the relevant equipment to which the report refers.
(2) Paragraph (1) shall not apply to —
(a) any steam boiler referred to in regulation 28 (20) (a) or (21);
(b) any steam receiver referred to in regulation 29 (11);
(c) any air receiver that has been examined in accordance with regulation 31 (5) and reported on in accordance with regulation 31 (10) or any air receiver referred to in regulation 31 (12); and
(d) any refrigerating plant pressure receiver where the safe working pressure does not exceed 0.5 bar or the product of its safe working pressure and volume does not exceed 100 bar-litre.
Steam boilers
28.—(1) Every steam boiler shall be —
(a) of good construction, sound material and adequate strength;
(b) free from patent defects; and
(c) properly maintained.
(2) Every steam boiler, whether separate or one of a range —
(a) shall have attached to it —
(i) a suitable safety valve which is —
(A) separate from and incapable of being isolated by any stop-valve;
(B) adjusted so as to prevent the boiler from being worked at a pressure greater than the safe working pressure; and
(C) fixed directly, or as close as practicable, to the boiler;
(ii) a suitable stop-valve connecting the boiler to the steam pipe;
(iii) a correct steam pressure gauge, connected to the steam space and easily visible by the boiler attendant, which —
(A) indicates the pressure of steam in the boiler; and
(B) is marked, in a distinctive colour, with the safe working pressure;
(iv) at least one water gauge of transparent material or any other type approved by the Commissioner thereof which —
(A) shows the water level in the boiler; and
(B) if the gauge is of the glass tubular type and the working pressure in the boiler normally exceeds 275 kilo-newtons per square metre, is provided with an efficient guard that does not obstruct the reading of the gauge; and
(v) where it is one of 2 or more boilers, a plate bearing a distinctive number which shall be easily visible;
(b) shall be provided with means for attaching a test pressure gauge; and
(c) shall be provided with —
(i) a suitable fusible plug; or
(ii) an efficient low-water alarm device.
(3) Paragraph (2) (a) (ii) shall not apply to any economiser.
(4) Paragraph (2) (a) (iii), (iv) and (v), (b) and (c) shall not apply to any economiser or superheater.
(5) Paragraph (2) (a) (iv), (b) and (c) shall not apply to any steam boiler —
(a) which uses electricity as the only form of power;
(b) which has a maximum steam volume of not more than 40 litres and a safe working pressure of not more than 4 bars; and
(c) into which water is fed manually at the start of the steam generation process and cannot be fed continuously from a potable water main.
(6) Every —
(a) steam boiler referred to in paragraph (5), including all its fittings and attachments, shall be thoroughly examined by an authorised examiner at least once every 2 years and also after any extensive repair; and
(b) surface of the external shell of a steam boiler referred to in paragraph (5) shall be examined by an authorised examiner at least once every 6 years, and for the purpose of such examination, the insulation on the shell shall be removed completely.
(7) For the purposes of paragraph (2), a lever-valve shall not be considered to be a suitable safety valve.
(8) No steam boiler (other than a steam boiler using electricity as the only form of power) shall be operated except by or under the control of a person who is the holder of an appropriate certificate of competency issued under any regulations made under the Act.
(9) Any steam boiler using electricity as the only form of power shall —
(a) have attached to it a steam pressure control device which shall be set to the pressure at or below the maximum permissible working pressure of the boiler; and
(b) have a safety valve attached to the boiler which shall be examined and tested by a competent person at least once a month, and the report on every such test shall be recorded and shall be made available for inspection at any time by an inspector.
(10) No person shall enter or be in any steam boiler that is one of a range of 2 or more steam boilers —
(a) unless all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from the part; or
(b) unless —
(i) all valves or taps controlling such steam and hot water entry are closed and securely locked; and
(ii) where the boiler has a blow-off pipe in common with one or more other boilers or which delivers into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which —
(A) cannot be removed until the valve or tap is closed; and
(B) is the only key in use for that set of blow-off valves or taps; and
(c) until the particular boiler has been sufficiently cooled to make it safe for the person entering or being in the particular boiler.
(11) No work shall be permitted in any boiler-furnace or boilerflue until it has been sufficiently cooled by ventilation or by other means to make it safe for the persons at work to work there.
(12) Subject to paragraphs (6), (14) and (15), every steam boiler shall be examined by an authorised examiner —
(a) at least once every year; and
(b) after any extensive repairs.
(13) It shall be the duty of the owner of a steam boiler used in a workplace to comply with paragraphs (1), (2), (6) and (8) to (12).
(14) An authorised examiner may, in his discretion, arrange to make the examination referred to in paragraph (12) within one month after the one year has have expired.
(15) The examination referred to in paragraph (12) may, subject to such conditions as the Commissioner may determine, be conducted within such longer period as the Commissioner may allow in writing.
(16) Any examination in accordance with the requirements of paragraph (12) shall consist —
(a) of an examination of the boiler when it is cold and the interior and exterior have been prepared in the manner specified by the Commissioner; and
(b) except in the case of an economiser or a superheater, of an examination when it is under normal steam pressure which —
(i) must be made as soon as possible after the examination of the boiler when cold; and
(ii) must include an examination to determine whether the safety valve is so adjusted as to prevent the boiler from being worked at a pressure greater than the safe working pressure, unless prior written permission has been obtained from the Commissioner.
(17) It shall be the duty of an authorised examiner to —
(a) issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (12);
(b) provide a copy of the report referred to in sub-paragraph (a) to the owner of the steam boiler;
(c) inform the Commissioner —
(i) as soon as is reasonably practicable, if the examination shows that the steam boiler cannot continue to be used safely unless repairs are carried out; or
(ii) in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d) exercise all due diligence in making any report or in conducting any examination of any steam boiler under this regulation.
(18) Where the report of any examination under this regulation specifies conditions for securing the safe working of a steam boiler, it shall be the duty of the owner of the steam boiler to ensure that the boiler is not used except in accordance with those conditions.
(19) For the purposes of any report to be made under paragraph (17) or regulation 27 (1) (c), the examination of a steam boiler when it is cold and its examination when it is under steam pressure shall be treated as separate examinations.
(20) Paragraphs (12) and (14) to (19) shall not apply to —
(a) any steam boiler with a maximum permissible working pressure not exceeding 0.5 bar; and
(b) any steam boiler referred to in paragraph (5).
(21) This regulation shall not apply to any steam boiler of a locomotive which is the property of or used by the railway administered by the Government of Malaysia.
Steam receivers
29.—(1) Every steam receiver shall be —
(a) of good construction, sound material, adequate strength and free from patent defects; and
(b) properly maintained.
(2) Every steam receiver that is not constructed and maintained to safely withstand either the safe working pressure of the steam boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any source of supply, shall be fitted with —
(a) a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure of the receiver being exceeded;
(b) a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded;
(c) a correct steam pressure gauge indicating the pressure of steam in the receiver;
(d) a suitable stop-valve; and
(e) except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.
(3) The safety valve and steam pressure gauge referred to in paragraph (2) shall be fitted either —
(a) on the steam receiver; or
(b) on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure from being exceeded.
(4) For the purposes of paragraph (2) (a) to (d), any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver if the set of receivers is fitted on the single pipe.
(5) For the purposes of paragraph (2) (a), (b) and (c), any other set of receivers supplied with steam through a single pipe may be treated as one receiver if the set of receivers is fitted on the single pipe, provided that the reducing valve or other appliance to prevent the safe working pressure being exceeded is fitted on that single pipe.
(6) Subject to paragraphs (7) and (8), every steam receiver shall be examined by an authorised examiner —
(a) at least once every 2 years; and
(b) after any extensive repairs.
(7) An authorised examiner may, in his discretion, arrange to make the examination referred to in paragraph (6) within one month after the 2 years have expired.
(8) The examination referred to in paragraph (6) may, subject to such conditions as the Commissioner may determine, be conducted within such longer period as the Commissioner may allow in writing.
(9) It shall be the duty of the owner of a steam receiver used in a workplace to comply with paragraphs (1), (2), (3) and (6).
(10) It shall be the duty of an authorised examiner to —
(a) issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (6);
(b) provide a copy of the report referred to in sub-paragraph (a) to the owner of the steam receiver; and
(c) inform the Commissioner —
(i) as soon as is reasonably practicable, if the examination shows that the steam receiver cannot continue to be used safely unless repairs are carried out; or
(ii) in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d) exercise all due diligence in making any report or in conducting any examination of any steam receiver under this regulation.
(11) Paragraphs (6), (7), (8) and (10) shall not apply to any steam receiver where the safe working pressure does not exceed 0.5 bar or the product of its safe working pressure and volume does not exceed 100 bar-litre. Steam containers
30. The owner of every steam container used in a workplace shall ensure that the steam container shall be so maintained as to secure that the outlet is at all times kept open and free from obstruction.
Air receivers
31.—(1) Every air receiver shall be of sound construction and properly maintained.
(2) Every air receiver shall —
(a) be conspicuously marked with its safe working pressure;
(b) in the case of a receiver connected with an air compressing plant —
(i) be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor; or
(ii) be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver from being exceeded;
(c) be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded;
(d) be fitted with an accurate pressure gauge indicating the pressure in the receiver;
(e) except in the case of a receiver in which substance in the form of solid or liquid is stored and from which it is forced by compressed air, be fitted with a suitable appliance for draining the receiver;
(f) be provided with a suitable manhole, handhole or other means which will allow the interior to be thoroughly cleaned; and
(g) where there is more than one receiver in use in the factory, bear a distinguishing mark which shall be easily visible.
(3) For the purpose of paragraph (2) (c) or (d), but subject to paragraph (4), any set of air receivers supplied with air through a single pipe may be treated as one receiver.
(4) Where a suitable reducing valve or other suitable appliance to prevent the safe working pressure from being exceeded is required to be fitted on the air receiver, the valve or appliance must be fitted on the single pipe.
(5) Subject to paragraphs (6) and (7), every air receiver shall be —
(a) thoroughly cleaned; and
(b) examined by an authorised examiner at least once every 2 years.
(6) An authorised examiner may, in his discretion, arrange to make the examination referred to in paragraph (5) within one month after the 2 years have expired.
(7) The examination referred to in paragraph (5) may, subject to such conditions as the Commissioner may determine, be conducted within such longer period as the Commissioner may allow in writing.
(8) For the purpose of paragraph (5), where the receiver is of solid drawn construction and is constructed so that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.
(9) It shall be the duty of the owner of an air receiver used in a workplace to comply with paragraphs (1), (2), (4), (5) and (8).
(10) It shall be the duty of an authorised examiner to —
(a) issue and sign a report, in a form determined by the Commissioner, of the result of the examination referred to in paragraph (5);
(b) provide a copy of the report referred to in sub-paragraph (a) to the owner of the air receiver; and
(c) inform the Commissioner —
(i) as soon as is reasonably practicable, if the examination shows that the air receiver cannot continue to be used safely unless repairs are carried out; or
(ii) in any other case, within 28 days of the completion of the examination, of the results of the examination in a manner acceptable to the Commissioner; and
(d) exercise all due diligence in making any report or in conducting any examination of any air receiver under this regulation.
(11) Any person who charges an air receiver used in a workplace from the cylinder of an internal combustion engine shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(12) Paragraphs (5) to (8) and (10) shall not apply to any air receiver where the safe working pressure does not exceed 0.5 bar or the product of its safe working pressure and volume does not exceed 100 bar-litre.
Periodical examinations when authorised examiner is not available
32.—(1) If any person required under these Regulations to arrange for an authorised examiner to carry out any periodical examination is unable to locate an authorised examiner willing to carry out the inspection within the required time, the person shall —
(a) immediately inform the Commissioner of that fact in such form as the Commissioner may specify;
(b) provide the Commissioner with —
(i) particulars of the machinery or plant which is to be examined;
(ii) the date on which the machinery or plant was last examined by an authorised examiner; and
(iii) the particulars of the person who last carried out the examination; and
(c) ensure that the machinery or plant is examined as required by these Regulations by an authorised examiner within 30 days of the Commissioner informing him of an authorised examiner who is willing to carry out the examination.
(2) Any person who complies with paragraph (1) shall not be guilty of any offence in respect of the contravention of the provision in these Regulations requiring the examination by an authorized examiner.
Pressure vessel containing hazardous substance
33.—(1) It shall be the duty of the owner of a pressure vessel used in any workplace that contains any hazardous substance to ensure that it is —
(a) of good construction, sound material and adequate strength;
(b) free from patent defects;
(c) properly maintained; and
(d) inspected by a competent person before use and thereafter within such period as the Commissioner may specify.
(2) The owner of a pressure vessel shall —
(a) maintain a record of the inspection referred to in paragraph (1) (d); and
(b) keep such record available for inspection by an inspector.
(3) It shall be the duty of a competent person to exercise all due diligence in conducting any inspection under this regulation.
Pipes and equipment conveying certain substances
34. It shall be the duty of the occupier of a factory to ensure that every pipe, pump, compressor and other equipment in the factory used to convey steam, air, refrigerant or any hazardous substance, and each part and fitting of, and attachment to, every pipe, pump, compressor and other equipment is —
(a) of good construction, sound material and adequate strength;
(b) free from patent defects; and
(c) properly maintained.
Gas plants
35.—(1) Every gas plant shall be of sound construction and properly maintained.
(2) Every gas plant shall be inspected by a competent person before use and thereafter within such period as the Commissioner may specify.
(3) Every water-sealed gasholder which has a storage capacity of not less than 25 cubic metres shall be examined externally by a competent person at least once every 2 years.
(4) A record of the examination referred to in paragraph (3) containing such particulars as the Commissioner may determine shall be entered in or attached to a register.
(5) No gasholder shall be repaired or demolished except under the direct supervision of a person who —
(a) by his training and experience; and
(b) with his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise the work.
(6) No gas filling shall be allowed except under the direct supervision of a person who —
(a) by his training and experience; and
(b) with his knowledge of the necessary precautions against any risk, is competent to supervise the work.
(7) No gas cylinder shall be filled unless —
(a) the cylinder has been examined or tested by a competent person —
(i) where the cylinder is for corrosive gases, at least once every 2 years; or
(ii) where the cylinder is for other gases, at least once every 5 years; and
(b) the result of such examination or test is entered in a register and kept for inspection by an inspector.
(8) It shall be the duty of the owner of a gas plant used in a workplace to comply with paragraphs (1) to (7).
(9) It shall be the duty of a competent person to exercise all due diligence in conducting any test or examination under this regulation.
Repair of pressure vessel
36. If repairs to any pressure vessel used in a workplace are likely to cause a dangerous occurrence if improperly carried out, it shall be the duty of the owner of the pressure vessel to obtain the written approval of the Commissioner before the repairs are carried out.
Prevention of fire
37.—(1) All reasonably practical steps shall be taken in a factory to keep sources of heat or ignition separate from —
(a) flammable materials in the factory; or
(b) any process carried on at the factory that gives rise to any flammable gas or vapour.
(2) There shall be provided and maintained in a factory means of extinguishing fire which shall —
(a) be readily accessible;
(b) be adequate and suitable having regard to the circumstances of each case; and
(c) be tested by a competent person at such regular intervals as the Commissioner may determine.
(3) It shall be the duty of the occupier of a factory to comply with paragraphs (1) and (2).
Safety provisions in case of fire
38.—(1) There shall be provided in a factory such means of escape in case of fire for the persons at work in the factory —
(a) as may be reasonably required in the circumstances of each case; and
(b) which shall be properly maintained and kept free from obstruction.
(2) The contents of any room in which persons are at work shall be so arranged or disposed that there is a free passageway for all persons at work in the room to a means of escape in case of fire.
(3) In every factory, all doors affording any person at work in a factory means of exit from —
(a) the factory;
(b) any room in the factory; or
(c) any building or enclosure in which the factory is situated,
shall only be locked or fastened in such a manner that the door can easily and immediately be opened from the inside.
(4) In every factory, all doors affording means of exit from the factory for the persons at work in the factory shall, except in the case of sliding doors, be constructed to open outwards.
(5) Every exit affording means of escape in case of fire or giving access to such means of escape shall be conspicuously marked with an exit sign of an adequate size.
(6) In every factory, effective steps shall be taken to ensure that all the persons at work in the factory are familiar with —
(a) the means of escape in case of fire and their use; and
(b) the routine to be followed in case of fire.
(7) In every factory, there shall be effective warning devices that —
(a) are capable of being operated without exposing any person to undue risk;
(b) are maintained and tested at least once every month;
(c) give warning in case of fire; and
(d) are clearly audible throughout the factory.
(8) It shall be the duty of the occupier of a factory to comply with paragraphs (1) to (7).


PART IV - SPECIAL PROVISIONS RELATING TO HEALTH, SAFETY AND WELFARE


Toxic dust, fumes or other contaminants
39.—(1) Where any process or work carried on in any factory is likely to produce or give off any toxic dust, fumes or other contaminants, all reasonably practicable measures shall be taken to —
(a) prevent their accumulation in the factory; and
(b) protect persons at work in the factory against inhalation of the dust, fumes or other contaminants.
(2) The measures to be taken under paragraph (1) shall, where appropriate, include one or more of the following:
(a) carrying out the process or work in isolated areas where persons not connected with the process or work are prohibited from being present;
(b) carrying out the process or work in closed vessels or systems to prevent persons at work in the factory from coming into contact with the dust, fumes or other contaminants;
(c) providing adequate ventilation to dilute the dust, fumes or other contaminants;
(d) providing local exhaust ventilation to remove the dust, fumes or other contaminants at their sources of emission; and
(e) carrying out the process or work wet.
(3) The local exhaust ventilation system referred to in paragraph (2) (d) shall be so designed, constructed, operated and maintained that the dust, fumes or other contaminants are safely and effectively removed at the source of generation and are not dispersed or scattered in the surrounding air.
(4) Accumulation of toxic dust or waste on the floors, walls, work benches or other surfaces in any factory shall be removed by washing, vacuum cleaning or other suitable means in a manner that will not make the dust or waste airborne.
(5) No stationary internal combustion engine shall be used unless provision is made for conducting the exhaust gases from the engine into the open air.
(6) The atmosphere of any place of work in which toxic substances are manufactured, handled, used or given off shall be tested by a competent person at sufficient intervals to ensure that toxic dust, fumes, gases, fibres, mists or vapours are not present in quantities liable to injure the health of persons at work.
(7) Notwithstanding paragraph (6), the Commissioner may, by order in writing, require the occupier of a factory to engage a competent person —
(a) to monitor, test or assess the environment of any factory for potential health hazards; and
(b) to take air samples in the breathing zone of the persons who are exposed to dust, fume or other contaminants by using appropriate personal sampling equipment.
(8) A record of the result of every test carried out under paragraphs (6) and (7) shall be kept available for inspection by an inspector for at least 5 years from the date of the test or such other period as the Commissioner may specify in writing.
(9) Paragraphs (1), (2), (6) and (7) shall not apply to any factory where —
(a) it is impracticable to comply with such requirements; and
(b) where suitable air-supplied breathing apparatus is used by every person at the factory.
(10) The air-supplied breathing apparatus used under paragraph (9) shall be supplied with air —
(a) of a temperature and humidity comfortable for breathing; and
(b) which has been suitably treated to remove particles of any material, oil mist, vapour, odour, carbon monoxide and carbon dioxide.
(11) It shall be the duty of the occupier of a factory to comply with paragraphs (1) to (6), (8) and (10).
(12) It shall be the duty of a competent person to exercise all due diligence in conducting any test under this regulation.
Permissible exposure levels of toxic substances
40.—(1) It shall be the duty of the occupier of a factory to take all reasonably practicable measures to ensure that no person at work in the factory is exposed to the toxic substances specified in the First Schedule in excess of the permissible exposure levels specified in that Schedule.
(2) Where the PEL (Short Term) of a toxic substance is not specified in the First Schedule, the PEL (Short Term) of the substance shall be deemed to be exceeded if the time weighted average concentration of the substance measured over a 15-minute period during any working day exceeds 5 times the PEL (Long Term) of that substance as specified in that Schedule.
(3) Where there is exposure to more than one toxic substance at the same time and the substances have similar harmful effects, the permissible exposure level shall be deemed to have been exceeded if the sum of the ratios between the time weighted average concentration and the permissible exposure level of each substance exceeds one.
Hazardous substances
41.—(1) All hazardous substances in a factory shall be placed under the control of a competent person who has adequate knowledge of the properties of the hazardous substances and their dangers.
(2) Adequate warning notices in languages understood by all persons at work in a factory specifying the nature of the danger of the hazardous substances shall be placed —
(a) at all entrances to any workroom; and
(b) at appropriate locations,
where the hazardous substances are used or present.
(3) Persons at work in a factory who are liable to be exposed to hazardous substances shall be warned of the hazards involved and the precautionary measures to be taken.
(4) All hazardous substances in a factory shall be kept, stored, used, handled or disposed of in such a manner as not to pose a risk to the health and safety of any person at work in the factory.
(5) It shall be the duty of the occupier of a factory to comply with paragraphs (1) to (4).
(6) Any person at work in a factory who wilfully or recklessly does any act that may result in any other person being exposed to hazardous substances shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Warning labels
42. It shall be the duty of the occupier of a factory in which there is any container of hazardous substances to ensure that, so far as reasonably practicable, every such container is affixed with one or more labels that —
(a) are easily understood by all persons at work in the factory;
(b) warn of the hazards involved with the hazardous substance in the container; and
(c) specify the precautionary measures to be taken when dealing with the hazardous substance in the container.
Safety data sheet
43.—(1) Where any hazardous substance is used, handled or stored in a factory, it shall be the duty of the occupier of the factory to —
(a) obtain a safety data sheet of the substance;
(b) assess the information in the safety data sheet and take precautionary measures to ensure the safe use of the substance; and
(c) make available the safety data sheet to all persons at work in the factory who are liable to be exposed to the substance.
(2) Where any hazardous substance is sold to any person for use in a factory, the seller or any agent of the seller who caused or procured the sale shall provide the buyer with a safety data sheet for the substance, giving accurate and adequate information on the substance, including as far as is reasonably practicable —
(a) information on the identity of the substance;
(b) the safety and health hazard information pertaining to the substance;
(c) information on the composition of and ingredients used in the substance;
(d) information on first-aid measures;
(e) information on fire-fighting measures;
(f) information on accidental release measures;
(g) information on the precautions to be taken for safe handling and storage;
(h) information on the exposure controls and personal protection needed;
(i) information on the physical and chemical properties of the substance;
(j) information on the stability and reactivity of the substance;
(k) toxicological information;
(l) ecological information;
(m) information on disposal considerations;
(n) transport information;
(o) regulatory information; and
(p) any other relevant information.
(3) Any seller or agent of any seller who fails to provide a safety data sheet under paragraph (2) or any person who provides inaccurate, inadequate or misleading information in a safety data sheet shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Safety and health management system
44.—(1) This regulation shall apply to the following class or description of factories:
(a) factories engaged in the processing or manufacturing of petroleum, petroleum products, petrochemicals or petrochemical products;
(b) factories engaged in the manufacture of semiconductor wafers; and
(c) factories engaged in the manufacture of fabricated metal products, machinery or equipment and in which 100 or more persons are employed.
(2) It shall be the duty of the occupier of a factory to —
(a) implement a safety and health management system for the purpose of ensuring the safety, and protecting the health and welfare, of persons employed in the factory;
(b) appoint such number of workplace safety and health auditors to audit the safety and health management system as the Commissioner may require; and
(c) as far as is reasonably practicable, implement the recommendations of the workplace safety and health auditor without undue delay.
(3) The safety and health management system shall —
(a) include the elements specified in the Second Schedule; and
(b) be audited at such time and in such manner as the Commissioner may require.

PART V - MISCELLANEOUS
Offence
45. Any person who contravenes any provision of these Regulations which imposes a duty on him shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Revocation
46. The following subsidiary legislation are revoked:
(a) Factories (Steam Boiler Operators) (Exemption) Order (Cap. 104, O 2);
(b) Factories (Cleanliness of Walls and Ceilings) Order (Cap. 104, O 3);
(c) Factories (Examination and Test of Pressure Vessels) (Exemption) Order (Cap.104, O 5);
(d) Factories (Safety Management System) Order (Cap. 104, O 9);
(e) Factories (Hoists and Lifts) (Exemption) Order (Cap. 104, O 10);
(f) Factories (Examination and Test of Steam Boilers) (Exemption) Order (Cap. 104, O 13);
(g) Factories (Lifting Gear Exemption) Notification (Cap. 104, N 3); and
(h) Factories (Permissible Exposure Levels of Toxic Substances) Notification 2004 (G.N. No. S 647/2004).