Meanings of “employee” and “employer”
6.—(1) Subject to subsections (2), (3), (4) and (5), in this Act —
“employee” means any person employed by an employer to do any work under a contract of service;
“employer” means a person who, in the course of the person’s trade, business, profession or undertaking, employs any person to do any work under a contract of service.
(2) For the purposes of this Act, any reference to an employee shall include a reference to a volunteer who —
(a)
does work for another person with the knowledge or consent of that other person; and
(b)
does the work on an ongoing and regular basis for that other person,
being work that is in connection with any trade, business, profession or undertaking carried on by that other person, and this Act shall apply —
(i)
as if the volunteer were an employee of the other person;
(ii)
as if the other person were the volunteer’s employer; and
(iii)
as if the volunteer were at work when doing work for the other person.
(3) For the purposes of this Act, any reference to an employee shall include a reference to a person who is in a workplace for the purpose of receiving on the job training or gaining work experience, including under a rehabilitation scheme (referred to in this subsection as person A), and this Act shall apply —
(a)
as if the person A were an employee of the person (referred to in this subsection as person B) who agreed to provide on the job training or work experience;
(b)
as if person B were that person A’s employer; and
(c)
as if person A were at work when in the workplace for the purpose of receiving on the job training or gaining work experience.
(4) Where —
(a)
an employer places an employee (referred to in this subsection as the loaned employee) at the disposal of another person to do work for that other person; and
(b)
there is no contractual relationship between the employer and that other person regarding the work to be performed by the loaned employee,
then, for the purposes of this Act —
(i)
the loaned employee shall be regarded as if he were an employee of that other person (instead of his employer) while the loaned employee is at work for that other person;
(ii)
that other person shall be regarded as if he were the employer of the loaned employee while the loaned employee is at work for that other person; and
(iii)
the loaned employee shall be regarded as if he were at work when doing work for that other person.
(5) Where a person carries on any work in a factory —
(a)
the occupier of the factory shall be deemed to be the employer of the person; and
(b)
the provisions of this Act shall apply as if the occupier of the factory were the employer of the person,
unless the occupier of the factory proves that he is not the employer of the person.
PART III
ADMINISTRATION OF ACT
Appointment of Commissioner for Workplace Safety and Health and other officers
7.—(1) The Minister may appoint any person to be the Commissioner for Workplace Safety and Health, and such other persons, by name or office, as Deputy Commissioners for Workplace Safety and Health.
(2) The Commissioner shall, subject to any general or special directions of the Minister, be responsible for the administration of this Act and may perform such duties as are imposed and may exercise such powers as are conferred upon him by this Act or any other written law.
(3) The Commissioner may appoint, by name or office, such number of persons as inspectors, and such number of other persons as authorised officers, as may be necessary to assist the Commissioner in the administration of this Act.
(4) The Commissioner may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon him by this Act (except the power of delegation conferred by this subsection) to any Deputy Commissioner, inspector or authorised officer, subject to such conditions or limitations as the Commissioner may specify.
(5) Notice of all appointments made under this section shall be published in the Gazette.
Commissioner, Deputy Commissioners, inspectors, authorised officers, etc., to be public servants
8. The Commissioner and every Deputy Commissioner, inspector and authorised officer appointed under section 7 and every member of the Council shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
[9/2008]
Identification of inspectors and authorised officers
9. Every inspector and authorised officer shall —
(a)
be furnished with a certificate of his appointment as an inspector or authorised officer, as the case may be; and
(b)
when exercising any powers under this Act, on demand, produce the certificate of his appointment to the person affected by the exercise of those powers.
PART IV
GENERAL DUTIES OF PERSONS
AT WORKPLACES
Duties according to different capacities
10. For the avoidance of doubt, it is hereby declared that —
(a)
a person may at any one time be 2 or more of the following:
(i)
an employer;
(ii)
a contractor;
(iii)
a subcontractor;
(iv)
a principal;
(v)
a self-employed person;
(vi)
an occupier of a workplace;
(vii)
a designer, manufacturer or supplier of any machinery, equipment or hazardous substance for use at work;
(viii)
an erector, installer or a modifier of machinery or equipment for use at work;
(ix)
an owner, a hirer or lessee of machinery moved by mechanical power or a person who maintains such machinery for use at work,
and this Act may impose duties or liabilities on the person accordingly;
(b)
this Act may at any one time impose the same duty or liability on 2 or more persons, whether in the same capacity or in different capacities; and
(c)
a duty or liability imposed by this Act on any person is not diminished or affected by the fact that it is imposed on one or more other persons, whether in the same capacity or in different capacities.