Page:Workplace Safety and Health Act 2006.pdf/30

30 :“occupier”, in relation to a common area, includes the management corporation or subsidiary management corporation, as the case may be, having control of that common area.

Offence of breaching duty under this Part

20. In the event of any contravention of any provision in this Part which imposes a duty on a person, that person shall be guilty of an offence. PART V POWERS OF COMMISSIONER Power to issue remedial order or stop-work order

21.—(1) This section shall apply if the Commissioner is satisfied that—
 * (a) any workplace is in such condition, or is so located, or any part of the machinery, equipment, plant or article in the workplace is so used, that any process or work carried on in the workplace cannot be carried on with due regard to the safety, health and welfare of persons at work;
 * (b) any person has contravened any duty imposed by this Act; or
 * (c) any person has done any act, or has refrained from doing any act which, in the opinion of the Commissioner, poses or is likely to pose a risk to the safety, health and welfare of persons at work.

(2) Where this section applies, the Commissioner may serve a remedial order or a stop-work order in respect of a workplace on—
 * (a) any person who is in control of the workplace, or the process or work carried out in the workplace;
 * (b) any person whose duty under this Act is to ensure the safety, health and welfare of any person at work in the workplace; or
 * (c) any person who poses or is likely to pose a risk to the safety, health and welfare of any person at work in the workplace.

(3) A remedial order under this section shall—
 * (a) direct the person served with the order to take such measures, to the satisfaction of the Commissioner—