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WORKPLACE SAFETY AND HEALTH
29


(c) all reports and particulars prepared in respect of the workplace under this Act.

(4) Any occupier of a workplace shall ensure that such records referred to in subsection (3) shall—

(a) be kept for not less than 5 years from the date the records were made or such other period as may be prescribed; and
(b) whenever required to do so within that period, produce and make available to an inspector for inspection a copy of the record.

(5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(6) Any person who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Duties of occupier of common areas

19.—(1) For the purposes of subsection (2), where a building comprises one or more workplaces, any common property or limited common property of the building (referred to in this section as the common area) which is used by persons at work in any such workplace or is used by such persons to move through shall be treated as part of their workplace.

(2) It shall be the duty of the occupier of the common area to comply with any provision of this Act with respect to —

(a) electric generators and motors located in the common area;
(b) hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area;
(c) means of access into or egress from the common area; and
(d) any machinery or plant located in the common area which belongs to or is supplied by the owner or occupier of the common area.

(3) In this section—

“common property” and “limited common property” have the same meanings as in the Building Maintenance and Strata Management Act 2004 (Act 47 of 2004);