Duties of the Occupier

Legal Duty

An Occupier is defined a person who has ultimate control over the affairs of the Industrial Establishment.  An Occupier can be an Employer.

Some duties of the Occupier include but not limited to:

(i) Section 6(7) Where there are 25 or more than employees, a policy specifying the organizations and arrangements is to be developed in consultation with employee representatives and communicated to all employees;
(ii) Section 8(4) Ensure that no unsafe structure exists at the Industrial Establishment;
(iii) Section 8(2)(b) Where there are 25 or more employees, ensure an emergency response plan based on the risk assessment is developed and communicated to all employees;
(iv) Section 22 Maintains a register of young persons at work (between the ages of 16 to 18) and ensures that these persons do not operate dangerous machinery unless provided with adequate training and supervision;
(v) Section 25A, 25B, 25C & 25D Ensure that all transmission machinery and dangerous parts are securely fenced;
(vi) Section 25H Ensure that all fencing or other safeguards are of sound construction and properly maintained and kept in position when in motion;
(vii) Section 26 Ensure that the Industrial Establishment is certified by the Fire Authority;
(viii) Section 31 Ensure that the Industrial Establishment is maintained in a clean state;
(ix) Section 33 Ensure adequate lighting, either natural or artificial;
(x) Section 34 Employer must ensure that adequate steps are taken to prevent hearing impairment cause by noise and disease cause by vibration from occurring to persons in or within the vicinity of the Industrial Establishment;
(xi) Section 35 Ensure that the Industrial Establishment is not overcrowded as to cause risk of injury to employees;
(xii) Section 36 Ensure adequate ventilation by either natural or artificial means;
(xiii) Sections 39-45B Provide and maintain sufficient supply of drinking water; washing facilities, sanitary conveniences, restroom, lunchrooms and changing rooms;
(xiv) Section 46 The employer is required to report workplace accidents and incidents within the timeframes specified within the OSH Act;
(xv) Section 47 An employer is required to preserve a site where an accident resulted in critical injury or a fatality;
(xvi) Section 48 Upon being informed that an employee suffers from an occupational disease, he is required to inform the Chief Inspector;