Malaysia legislation
Section 3
Section 3
Section 3 of the principal Act is amended—
(a)
in subsection (1)—
(i)
by deleting the definition of “industry”;
(ii)
by inserting after the definition of “self-employed person” the following definition:
‘ “serious bodily injury” means any injury as specified in the Fourth Schedule;’;
(iii)
by inserting after the definition of “Council” the following definition:
‘ “Director General” means the Director
General of Occupational Safety and Health appointed under subsection 5(1);’;
(iv)
by inserting after the definition of “contract of service” the following definition:
‘ “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;’;
(v)
by substituting for the definition of “employer”
the following definition:
‘ “employer” means any person who has entered into a contract of service to employ any other person as an employee;’;
(vi)
by deleting the definition of “immediate employer”;
Occupational Safety and Health (Amendment)
(vii)
by deleting the definition of “principal employer”;
(viii)
by inserting before the definition of “occupier”
the following definition:
‘ “licensed person” means a person who is granted a licence under subsection 7a(1);’;
(ix)
by inserting before the definition of “contract of service” the following definition:
‘ “competent person” means a competent person registered under section 31c;’;
(x)
in the definition of “self-employed person”, by substituting for the word “employment” the word
“service”;
(xi)
by substituting for the definition of “officer” the following definition:
‘ “officer” means the officer appointed under subsection 5(1) or (3);’;
(xii)
by substituting for the definition of “employee”
the following definition:
‘ “employee” means any person who has entered into a contract of service with an employer;’;
(xiii)
by inserting after the definition of “prescribed”
the following definition:
‘ “registered medical practitioner” means a medical practitioner registered under the
Medical Act 1971 [Act 50];’;
(xiv)
by inserting before the definition of “self-employed person” the following definition:
‘ “registered training provider” means a training provider registered under section 31c;’;
(xv)
by inserting before the definition of “competent person” as inserted in subparagraph (ix) the following definition:
‘ “certificate of fitness” means a certificate issued under section 27d;’;
(xvi)
by inserting after the definition of “licensed person”
as inserted in subparagraph (viii) the following definition:
‘ “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;’;
(xvii)
in the definition of “premises”, in paragraph (b), by inserting after the word “vessel” the words
“, hovercraft”;
(xviii)
by inserting before the definition of “registered m e d i c a l p r a c t i t ioner” as inserted in subparagraph (xiii) the following definition:
‘ “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;’;
(xix)
by deleting the definition of “secretary”; and
(b)
in subsection (2), by inserting after the words “arising out of” the words “or in connection with”.
Amendment of heading of Part II