Enforcement Penalties Obligations Schedules Workplace Regulations Application Of Order Codes of Practice Introduction
The WSHO granted approval on 3 rd Commissioner of October 2009. Labour shall be the Commissioner of Workplace Safety and Health under S.7(1)(a). WSH Order 2009 is the Commissioner of key legal instrument to Workplace Safety and ensure and regulate the Health is responsible principles of the OSH for the administration framework and of this order and may engender a strong exercise such powers safety culture in conferred upon him by workplaces in the this order. Brunei Darussalam.
Class or Description of Workplaces - Specified in the First Schedule - The Minister may add to the class or description of workplaces S.2(2)
S.3(1) – …this Order shall bind the government and shall apply to – (a) any workplace wholly or partly owned or occupied by the Government; and (b) any premises in which any building operation or any work of engineering construction is carried on by or on behalf of the Government. S.3(3) – … no person shall be immune from prosecution for any offence under this Order by reason only that he is engaged to provide services to the Government.
Workplace
Part IV - General Duties of Persons at Workplaces S.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) (vi) (vi (i) an an an em an occ occupier of empl ployer of a a workplace (vii) (vi a de a designer, man anufacturer or or supp upplier if if an any y mach achinery, equ equipment (ii) (ii) a con a contractor or haz or hazardous sub ubstance for or us use e at at work (ii (iii) a a sub ub-contractor (viii) (vi an an er erec ector, inst installer or or mod odifier of of mac achinery or or eq equipment for or us use e (i (iv) a a pr princ incipal at at wor ork (v) (v) a self a elf – em empl ployed pe pers rson (ix) (ix) an own an wner, a a hi hirer or or leas lease of of mac achinery moved by y mech echanical po power or or a a pe person who mai aintains suc uch mac achinery for or us use at at work
Self Employed Persons Duty of Occupier Duty of Principals Duty of Persons At Work Duties of Manufacturers Duty of Employers &Suppliers S. 15 S.11 Occupie S.12 15 Persons 2 Em Employer ersons at upiers ers rs to ensure that the workplace at work s to take, so far as is reasonably ork to co-operate with employers lace, means of S.13 3 Sel elf Em Employed ed Per ersons ns to take so far as is S. 14 Pr S. 16 Manufacturers & supplier of dangerous Princ ncipals ipals to take so far as is reasonably practicable, and not endanger the safety and health of others. practicable, such measures as are necessary to access ess and nd egres ess and any machiner hinery, , eq equipment pment, reasonably practicable, such measures as are such measures as are necessary to ensure the safety and machinery, equipment and hazardous substances to plant, ensure the safety and health of his employees at nt, article cle or substance nce kept at the workplace are necessary to ensure the safety and health of persons health of – ensure so far as is reasonably practicable that they are safe and without risks to health to every person within work and persons (not being his employees) who (not being his employees) who may be affected by any (a) any contractor engaged by the principal safe, without risks to health when properly used those premises… may be affected by any undertaking carried on by undertaking carried on by him at the workplace. (b) any direct or indirect sub-contractor engaged by such him at the workplace. contractor (c) any employee employed by such contractor or sub – contractor
Inspectors and Authorised Officers S.9 S. 9 Every Ins Inspector an and d Authorised of officer sh shall all - (a) be furnished by the Commissioner with a certificate of his appointment … (b) … produce the certificate of his appointment to the person affected by the exercise of those powers
Part X X – Offences, , Part IX IX – Ins Inspe pections Part V – Power of of Pen enalties an and d and Other an er Powers of of Commissioner Co Proceedings En Enforcement. . S.4 .41 – Powers of f s.21 – Inspectors Ins Power to to S.4 .42 – Power to o issue ue take sam tak samples S.48 – Arr rrest t of f rem emedia ial l S.4 .43 – Power to o pers rsons of f order or r stop examine an and d se secure off ffence und under att attendances work order sec ecti tion 15(3) or r 21(7) Part VI I – In Investigations, , Inqu Inquiries an and d Repo eporting of of Accidents, , Dan angerous Occurences an and d Occupational l Dise seases es.
Gener eral al Penalt lty y – Section tion 49 B$200,000 INDIVIDUAL B$2,000 B$500,000 CORPORATE B$2,000 BODY
Penalty for repeat offenders – Section 50 B$400,000 INDIVIDUAL B$2,000 B$1,000,000 CORPORATE B$2,000 BODY
There are 6 schedules under this Order Schedule Title First Workplaces subject to Order Second Dangerous Occurrences Third Occupational Diseases Fourth Work of Engineering Construction Fifth Machinery, Equipment or Hazardous Substance Sixth Exempt Persons at Work
10 Regulations “Workplace Safety and Health “: GENERAL PROVISIONS SHIPBUILDING AND SHIP – REGULATIONS REPAIRING REGULATIONS WORKPLACE SAFETY AND INCIDENT REPORTING HEALTH REGULATIONS REGULATIONS REGISTRATION OF FACTORIES FIRST - AID REGULATIONS REGULATIONS WORKPLACE SAFETY AND CONSTRUCTION HEALTH OFFICERS REGULATIONS REGULATIONS RISK MANAGEMENT ABRASIVE BLASTING REGULATIONS REGULATIONS
Section 39 (1) For the purpose of providing practical guidance with respect to the requirements of this Order relating to safety, health and welfare at work, the Commissioner may, from time to time, do all or any of the following: a) a) b) c) c) issue ue one ne or r appr ap prove as as a a amend or am r more re codes of f co code of of pra ractice re revo voke an any y cod code an any doc document; of prac practice pra racti tice, ,
(1) For the purpose of providing practical guidance with respect to the requirements of this Order relating to safety, health and welfare at work, the Commissioner may, from time to time, do all or any of the following: Construction + Manufacturing = 62%
(1) For the purpose of providing practical guidance with respect to the requirements of this Order relating to safety, health and welfare at work, the Commissioner may, from time to time, do all or any of the following: Construction + Manufacturing = 69%
(1) For the purpose of providing practical guidance with respect to the requirements of this Order relating to safety, health and welfare at work, the Commissioner may, from time to time, do all or any of the following: Construction + Manufacturing = 63%
(1) For the purpose of providing practical guidance with respect to Industri Pembinaan Industri Pembuatan the requirements of this Order relating to safety, health and welfare at work, the Commissioner may, from time to time, do all or any of the following:
(1) For the purpose of providing practical guidance with respect to In Industri Pem embinaan the requirements of this Order relating to safety, health and welfare at work, the Commissioner may, from time to time, do all or any of the following: Fall from heights Falling Objects Scaffoldings Accident Cutting Accident
(1) For the purpose of providing practical guidance with respect to the requirements of this Order relating to safety, health and In Industri Pem embuatan welfare at work, the Commissioner may, from time to time, do all or any of the following: Slip and Trip Machinery Accident Gas Explosion Ergonomics
Q & A & A
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