Malaysia legislation
Section 32
Section 32
The principal Act is amended by inserting after Part VII the following part:
“Part VIIa
COMPETENT PERSON AND REGISTERED TRAINING PROVIDER
Activities to be carried out by competent person and registered training provider 31b. (1) For the purposes of this Act, no person shall—
(a)
carry out any activity specified in the Fifth Schedule unless he has been registered as a competent person under this Act; or
(b)
conduct any occupational safety and health training course unless he has been registered as a registered training provider under this Act.
(2)
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.
Application for registration 31c. (1) A person who intends to be registered as a competent person or a registered training provider shall submit an application for registration to the Director General in such manner as the Director General may determine.
(2)
An application under subsection (1) shall be subject to the payment of such fees as prescribed by the Minister and shall be accompanied by such documents and information as may be required by the Director General.
(3)
The Director General may, after considering the application, approve the application subject to such conditions as he thinks fit, or refuse the application.
(4)
An application under subsection (1) may be withdrawn at any time before the application is approved or refused, in which event the fees paid shall not be refunded.
Validity of registration 31d. Every registration approved under section 31c shall be valid for a period of three years from the date specified in the approval.
Renewal of registration 31e. (1) A competent person or a registered training provider may make an application for the renewal of registration before the date of expiry of the registration at such time and in such manner as determined by the Director General.
(2)
The application under subsection (1) shall be subject to the payment of such fees as prescribed by the Minister and shall be accompanied by such documents as may be required by the Director General.
(3)
The Director General may, after considering the application under subsection (1)—
(a)
renew the registration, with or without conditions;
or
(b)
refuse to renew the registration.
(4)
The Director General may refuse to renew a registration if the Director General is satisfied that—
(a)
the applicant has failed to comply with any of the provisions of this Act or any subsidiary legislation made under this Act;
(b)
the applicant has failed to comply with any of the conditions of the registration; or
(c)
the applicant has submitted any statement, information or document found to be false, irrespective of whether the applicant knows or believes such statement, information or document is false or otherwise.
(5)
An application under subsection (1) may be withdrawn at any time before the application is approved or refused, in which event the fees paid shall not be refunded.
Occupational Safety and Health (Amendment)
31
Cancellation of registration 31f. (1) The Director General may cancel the registration of a competent person or a registered training provider if the Director General is satisfied that he—
(a)
has failed to comply with any of the provisions of this Act or any subsidiary legislation made under this Act;
(b)
has failed to comply with any of the conditions imposed on the registration;
(c)
has obtained or procured his registration by fraud or misrepresentation; or
(d)
is no longer fit to act as a competent person or a registered training provider.
(2)
Notwithstanding subsection (1), the Director General shall not cancel the registration of a competent person or a registered training provider unless the Director General is satisfied that, after giving the competent person or the registered training provider an opportunity of making any representation in writing he may wish to make, the registration should be cancelled.
(3)
Where the registration of a competent person or a registered training provider is cancelled, the Director
General shall issue a notice of cancellation of registration to the competent person or the registered training provider, and such cancellation shall take effect on the date specified in the notice.”.
Amendment of section 32