In this Act, unless the context otherwise requires
"air receiver"
means any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air, connected with an air compressing plant or any fixed vessel for containing compressed air or compressed exhaust gases, used for the purpose of starting an internal combustion engine;
"area under the influence of"
includes any area where the fall of the contaminant released directly or indirectly from an undertaking may come to rest or be present and cause its deleterious effect whether in its original form or in a chemically modified form through natural processes having been carried there by prevailing wind, rain water run-off or by any other natural agent, and any area where dangerous levels of the contaminant may be present and cause its effects, having been taken there through the effluent or other waste disposal methods used at the undertaking;
"article"
means solid, liquid or gas or any of their combination or any plant designed for use or operation (whether exclusively or not) by persons at work or any article designed for use as a component in any plant or work process;
"authorised person"
means in relation to the performance of any function or duty under this Act, a person who is authorised in writing by the Commissioner for Occupational Safety and Health, to perform that function or duty;
"bodily injury"
includes injury to health;
"building operation"
means the construction, structural alteration, repair or maintenance of a building (including re-painting, re-decoration and external cleaning of the structure), the demolition of a building, but does not include any operation which is a work of engineering construction within the meaning of this Act;
"chemical substance"
means any natural or artificial substance intended for use in any physical state whether gaseous, liquid or solid and in particular includes, pesticides, fungicides, fumigants, herbicides,
wood preservatives, fertilizers, growth control chemicals, industrial chemicals, laboratory chemicals, solvents, pharmaceuticals and food preservatives and food additives;
"class or description"
in relation to a workplace, includes a group of workplaces described by reference to locality;
"Commissioner"
means the Commissioner for Occupational Safety and Health and includes any other inspector authorised to act on his or her behalf, by the appointing authority;
"competent authority"
means a government department, or other public authority with the power to issue regulations, orders or other instructions having the force of law;
"competent person"
means a person with suitable training and sufficient knowledge, experience and skill for the performance of specific work;
"confined space"
includes any chamber, vat, pit, pipe, flue, tank, drain, sewer, still, tower or any other confined space (other than a steam boiler) where there may be a concentration of dangerous fumes, toxic materials or substances, harmful liquids or lack of oxygen, that cause danger to the health of an employed person;
"currency point"
has the meaning assigned to it in Schedule 1;
"dangerous occurrence"
means a readily identifiable event, with potential to cause an injury, or disease to persons at work or the public;
"driving-belt"
includes any driving strap or rope;
"fatal occupational injury"
means occupational injury leading to death;
"fume"
includes gas or vapour;
"gas"
means any combustible gas produced for the purpose of heating or lighting;
"gas plant"
means any plant, apparatus or machine for generating gas (including any container holding compressed, dissolved or liquified gas under pressure) connected to a system of appliances or points and includes all pipes and appliances for storing the gas, or for conveying or regulating the flow of the gas to the places where it is to be used, but excludes any plant, apparatus, machine, pipes or appliances used solely in connection with a single private dwelling house;
"General Register"
means the register kept in accordance with the requirements of section
112
;
"health"
in relation to work means not merely the absence of diseases or infirmity, it includes the physical and mental elements affecting health which arc indirectly or directly related to safety and hygiene at work;
"incident"
means an unsafe occurrence arising out of or in the course of work where no personal injury is caused, or where personal injury needs only first-aid treatment;
"inspector"
means an inspector appointed under this Act and includes the Commissioner;
"lifting appliance"
means a pulley block, gin wheel, chain block, or set of chain blocks;
"lifting gear"
means chains, ropes, chain slings, rings, hooks, shackles, swivels, eyebolts, lifting beams and scale beams;
"lifting machine"
means a crane, crab, winch, teagle, runway, transport or forklift trucks used for raising or lowering persons or objects;
"machinery"
includes any driving belt;
"maintained"
means maintained in an efficient state, in efficient working order, and in good repair;
"Minister"
means the Minister responsible for occupational safety and health;
"noise"
means all sound which may result in hearing impairment or which may be harmful to health or which is dangerous, disagreeable or undesired;
"non-fatal occupational injury"
means occupational injury which does not lead to death;
"occupational accident"
means an occurrence arising out of or in the course of work which results in fatal occupational injury or non-fatal occupational injury;
"occupational disease"
means a disease contracted as a result of an exposure to risk factors arising from a work activity;
"occupational injury"
means any personal injury resulting from an occupational accident;
"occupier"
means a person, using or occupying premises as a workplace or who is employing workers;
"owner"
means a person for the time being, receiving the rents or profits of premises, on his or her own account or as an agent or trustee for any other person, or who would receive the rent if the premises were leased;
"plant"
includes any machinery, equipment and appliance;
"premises"
includes any place and, in particular includes any vehicle, vessel, air craft, installation or land, any off-shore installation or any other installation (whether floating or resting on a lake or river bed or the subsoil of the river bed or resting on land covered with water or the subsoil of the land), and any tent or movable structure;
"prescribed institution"
means any department, organisation, institute or other body of an expert character prescribed by the Minister by statutory instrument;
"prime mover"
means an engine motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;
"process"
includes the use of any locomotive;
"radiation"
means all frequencies of electro-magnetic wave spectrum including in particular microwaves, infra-red, visible and ultra-violet. X-rays, and also includes ionizing radiation such as (#) particles, (#) particles and (#) rays which result from emission from radioactive isotopes;
"railway"
means any railway used for the purpose of public traffic whether passengers, goods, or other traffic, and includes any works used in connection with and for the purposes of the railway;
"regulations"
means regulations made under section
119
;
"safe working load"
means a load specified in a certificate of test obtained from a manufacturer or issued by an authorised person;
"safe working pressure"
means in the case of a new steam receiver, that pressure that is specified in the manufacturer's certificate or a certificate issued by an authorised person;
"sanitary conveniences"
include urinals, water-closets, earth-closets, privies, ashpits and any similar conveniences;
"steam boiler"
means any closed vessel in which for any purpose, steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any vessel, and any super-heater used for heating steam;
"steam container"
means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose;
"steam receiver"
means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;
"transmission machinery"
means every shaft, wheel, drum, pulley, 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;
"work of engineering construction"
means the construction of any railway line or siding, and the construction, structural alteration or repair (including re-pointing and re-painting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewage, sewage works, or gas-holder, and includes any other works as may be specified by the Minister, by a statutory instrument;
"worker"
means a person who performs work, regularly or temporarily for an employer and includes a public officer;
"working environment"
means all places of work and all sites and areas where work is carried out including not only the permanent, indoor, stationary places of work, such as factories, offices and shops but also temporary places of work such as civil engineering sites, open-air places such as fields, forests, roads, oil refineries and mobile places of work such as cabs of trucks, seats of tractors and excavators, ships, galleys, freight decks of aircraft, and without exception, places where workers are found as a consequence of their work (including canteens and living quarters onboard ships);
"workplace"
has the same meaning as "working environment";
"vibration"
means any vibration which is transmitted to the human body through solid structures and is harmful to health or is dangerous.