Page:Workplace Safety and Health Act 2006.pdf/16

16 : engineering construction, not being premises in which such operations or works are being carried on;
 * (m) any premises which are used for the storage of gas, including liquefied gas, in a container having a storage capacity of not less than 140 cubic metres;
 * (n) any premises where work is carried out for or in connection with the generating of electrical energy for supply by way of trade or for purposes of gain;
 * (o) any premises where mechanical power is used for the purposes of or in connection with a water supply;
 * (p) any sewage works where mechanical power is used and any pumping station used in connection therewith;
 * (q) any premises where building operations or any work of engineering construction are carried on;
 * (r) any premises where mechanical power is used in connection with the sorting, packing, handling or storing of articles carried on by way of trade or for purposes of gain or incidentally to another business so carried on; and
 * (s) any premises which are used for the bulk storage of toxic or flammable liquid (excluding liquefied gas) in a container, not being an underground container, that has a storage capacity of not less than 5,000 cubic metres.

(4) Where any person carries on any work referred to in subsection (2) or (3) in a workplace with the express or implied permission of, or under any agreement with, the occupier of the workplace, then, notwithstanding that the person is not an employee of the occupier of the workplace—
 * (a) the workplace shall be treated as a factory for the purposes of this Act; and
 * (b) the provisions of this Act relating to the duty of an occupier shall apply to the occupier of the workplace as if he were the occupier of a factory.

(5) Notwithstanding subsection (2), where any place situated within a factory is solely used for some purpose other than any of the processes carried on in the factory—