Malaysia legislation

Section 27D

of *OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Section 27D

(2)

When a prescribed plant has been installed under section 27C, the person shall serve a written notice on an officer or a licensed person who, after receiving such notice, shall make an inspection of the plant.

(3)

If, upon inspection, the officer or the licensed person finds that the plant—

(a)

complies with all the requirements prescribed by the Minister in respect of the plant, the officer or the licensed person shall issue a certificate of fitness upon the payment of such fees by the person as the Minister may prescribe; or

(b)

does not comply with any of the requirements prescribed by the Minister in respect of the plant, the person shall pay to the officer or the licensed person such fees as may be prescribed by the Minister for the services rendered despite the non-issuance of a certificate of fitness.

(4)

A certificate of fitness issued under subsection (3) shall be in such form and subject to such terms and conditions, and shall be valid for such period, as the Minister may prescribe.

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Law of Malaysia

(5)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(6)

In the case of any contravention of subsection (1), an officer shall immediately serve to the person who operates or causes or permits to be operated the plant a written notice prohibiting the operation of the plant or may render the plant inoperative until a certificate of fitness is issued.

(7)

A person who fails to comply with the notice issued under subsection (6) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(8)

A certificate of fitness in respect of any plant which is being dismantled or repaired or is damaged for any reason shall terminate upon such dismantlement, repair or damage, but the Director General may exempt any plant from the application of this subsection if in his opinion the plant will not cause any danger to any person or property.

(9)

For the purposes of subsection (8)—

(a)

“damage” means any physical defect caused to any plant during operation or otherwise which may affect the strength and integrity of the plant during subsequent operation;

(b)

“dismantle” means to undo any part of any plant which may affect the strength, integrity or functional capability of the plant;

(c)

“repair” means any work done to make good any part of any plant which has been damaged.

Occupational Safety and Health 39

Periodical inspection of plant