Section 3
Interpretation
of Occupational Safety and Health Act 1994
In this Act, unless the context otherwise requires—
“certificate of fitness” means a certificate issued under section 27D;
“competent person” means a competent person registered under section 31C;
“contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract;
“contractor” means any person who contracts with a principal to carry out in whole or in part any work undertaken by the principal in the course of or for the purposes of the principal’s trade, business, profession or undertaking;
“Council” means the National Council for Occupational Safety and
Health established under section 8;
“Director General” means the Director General of Occupational
Safety and Health appointed under subsection 5(1);
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“employee” means any person who has entered into a contract of service with an employer;
“employer” means any person who has entered into a contract of service to employ any other person as an employee;
“government” means the Federal Government, the Government of a
State or a local government;
“licensed person” means a person who is granted a licence under subsection 7A(1);
“occupational health service” includes service for the protection of an employee’s health at work, for the promotion of health and well-being at place of work, as well as for the prevention of occupational diseases, occupational poisoning and accidents;
“occupier”, in relation to a place of work, means a person who has the management or control of the place of work;
“officer” means the officer appointed under subsection 5(1) or (3);
“place of work” means premises where persons work or premises used for the storage of plant or substance;
“plant” includes any machinery, equipment, appliance, implement or tool, any component thereof and anything fitted, connected or appurtenant thereto;
“practicable” means practicable having regard to—
(a)
the severity of the hazard or risk in question;
(b)
the state of knowledge about the hazard or risk and any way of removing or mitigating the hazard or risk;
(c)
the availability and suitability of ways to remove or mitigate the hazard or risk; and
12
Law of Malaysia
(d)
the cost of removing or mitigating the hazard or risk;
“premises” include—
(a)
any land, building or part of any building;
(b)
any vehicle, vessel, hovercraft or aircraft;
(c)
any installation on land, offshore installation or other installation whether on the bed of or floating on any water;
and
(d)
any tent or movable structure;
“prescribed” means prescribed by this Act or the regulations;
“principal” means any person who in the course of or for the purposes of his trade, business, profession or undertaking contracts with a contractor for the execution by or under the contractor of the whole or any part of any work undertaken by the principal;
“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];
“registered training provider” means a training provider registered under section 31C;
“self-employed person” means an individual who works for gain or reward otherwise than under a contract of service, whether or not he himself employs others;
“serious bodily injury” means any injury as specified in the
Fourth Schedule;
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour or any combination thereof;
“substance for use at work” means any substance intended or supplied for use, whether exclusively or not, by persons at work;
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“supply”, in relation to any plant or substance, means the supply by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent for another;
“trade union” means any association or combination of workmen or employers within the meaning of the Trade Unions Act 1959 [Act 262].
(2)
For the purposes of this Act, risks arising out of or in connection with the activities of persons at work shall be treated as including risks attributable to the manner of conducting an undertaking, the plant or substances used for the purposes of an undertaking and the condition of premises so used or any part of them.
(3)
For the purposes of this Act—
(a)
“work” means work as an employee or as a self-employed person;
(b)
an employee is deemed to be at work throughout the time when he is at his place of work but not otherwise; and
(c)
a self-employed person is at work throughout such time as he devotes to work as a self-employed person.