Section 7A — OCCUPATIONAL SAFETY AND HEALTH ACT 1994

(2)

The Minister may, for the purposes of subsection (1) and without prejudice to the generality of subsection (1), make an order published in the Gazette for the following purposes:

(a)

to prescribe the qualification and standards of competency of persons to be employed by a licensed person;

(b)

to prescribe the powers of a person employed by a licensed person to carry out the functions of a licensed person;

(c)

to prescribe the records to be kept by a licensed person;

(d)

to prescribe the returns to be submitted by a licensed person to the Director General at certain intervals;

(e)

to regulate the inspection by the Director General of the premises of a licensed person and the records kept thereat;

(f)

to prescribe inspection standards for a licensed person to comply with; and

(g)

to prescribe the functions or duties to be carried out by a licensed person.

(3)

The Minister may, by order published in the Gazette, authorize a licensed person to demand, prescribe, collect and retain charges, fees or levy in respect of the services provided by the licensed person.

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(4)

An order made under subsection (3) shall specify—

(a)

the type of services in respect of which charges, fees or levy may be demanded, collected and retained; and

(b)

the duration of the authorization to demand, collect and retain the charges, fees or levy.

(5)

A licensed person authorized under subsection (3) shall—

(a)

maintain such account, books and records in respect of the payment and collection of charges, fees or levy as the

Director General may require;

(b)

furnish to the Director General such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the Director General may require;

and

(c)

permit the Director General or any other person authorized in writing by the Director General to have access to or examine or inspect any document, machinery or equipment maintained or used for the payment and collection of charges, fees or levy.

(6)

The authorization of a licensed person under subsection (3) shall not render the Federal Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the licensed person to carry out his obligations under this Act in respect of which charges, fees or levy are demanded, collected and retained.

(7)

If a licensed person contravenes any condition of the licence or any of the provisions of any order made under this section or any of the provisions of subsection (5) with which he is required to comply, the licensed person 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.

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Law of Malaysia

(8)

Notwithstanding the licensing of a person under this section, the

Minister may give directions to the Director General to exercise any of the functions which under the terms of the licence are to be carried out by such person.

Revocation of licence