Guide to the Workplace Safety and Health Act 2006

7/31/2019 Guide to the Workplace Safety and Health Act 2006

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A Guide to the

Workplace Safety and Health Act


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Contents

Foreword 02

Introduction 03

CoverageotheAct 05

DefnitionoTerms 06

UnderstandingandMeetingYourObligationsattheWorkplace 09

TheEnorcementFrameworkotheWorkplaceSaetyandHealthAct 14

LiabilitiesandPenalties 17

SubsidiaryLegislationsUndertheWorkplaceSaetyandHealthAct 19

OSHStandardsConsultationandTraining 20

TransitionPeriod 21

FurtherInormation 22

AnnexA 23

AnnexB 24

AnnexC 27

AnnexD 28


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ForewordThis booklet is a guide to the Workplace Saety and HealthAct that takes eect on 1 March 2006.

Everyone has an obligation to ensure workplace saety.Getting every worker home saely at the end o the daydoes not only depend on the eort o one individual, but isthe result o all stakeholders working together.

In its on-going endeavour to create a saer workplace,the Government has announced key reorms to improveSingapores occupational saety and health standards. Anew ramework has been developed aimed at reducingdeaths at workplaces by a third in ve years, and by hal

within a decade or sooner. The Workplace Saety andHealth Act is an integral part o this new ramework toensure the wellbeing o every worker.


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Whatisinthisbooklet?

This booklet is a brie guide to the Workplace Saety andHealth Act.

In it you will nd:

the main eatures o the Act,

how the Act aects the various stakeholders.

WhatistheWorkplaceSaetyandHealthAct?

The Workplace Saety and Health Act is an essential parto a new ramework to cultivate good saety habits andpractices in all individuals at the workplace rom topmanagement to the last worker. It requires every person atthe workplace to take reasonably practicable steps to ensurethe saety and health o every workplace and worker.

Whatisthenewrameworkoroccupationalsaety

andhealth?In March 2005, the Government announced key reormsto improve Singapores occupational saety and health(OSH) standards. These reorms are based on the premisethat accidents can only be prevented i all involved in theworkplace take personal responsibility or achieving highersaety standards.

Thus, a new ramework was developed aimed at reducing

deaths at workplaces by a third in ve years, and by hal

Introduction


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within a decade or sooner (rom 4.9 atalities per 100,000workers in 2004 to 2.5 by 2015).

The 3 principles o the new ramework are.

Reducing risk at source by requiring allstakeholders to eliminate or minimise therisks they create at the workplace;

Instilling greater industry ownership o OSHstandards. The ocus will be shited rom complyingwith prescriptive requirements to makingemployers responsible or developing sae work

procedures suited to their particular situationsin order to achieve desired saety outcomes;

Preventing accidents through higher penaltiesor poor saety and health management.

WhatarethekeychangesothisnewAct?

The ollowing are the key changes introduced in theWorkplace Saety and Health Act.

It species liabilities or a range o persons at theworkplace instead o ocusing on the occupier.

It ocuses on eective management oworkplace saety and health to achieve a saeoutcome instead o prescribing rules.

It stipulates greater penalties or

compromising saety and health.

WhendoesthisActtakeeect?

This Act replaces the Factories Act with eect rom1March2006.


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Coverageo the

TowhichindustriesandworkerswilltheWorkplaceSaetyandHealthActapply?

From 1 March 2006, the Workplace Saety and Health Actwill continue to cover the high-risk industries previouslycovered under the Factories Act, i.e. actories, shipyards andconstruction worksites. The list o workplaces subjected tothe Act can be ound in Annex A.

Eventually, this Act will be expanded to protect workersin workplaces in all sectors. However, the expansion ocoverage will be carried out in phases, and the timing willbe decided in consultation with industry partners.

Act


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TermsDefnition

o

Whatisaworkplace?

A workplace includes any premises where people carryout work.

Whatisaactory?

A actory is any premises in which any o the ollowing iscarried out:

the making o any article or part o any article;

the altering, repairing, ornamenting, nishing,

cleaning or washing o any article;

the breaking up or demolition o any article;

the adapting or sale o any article.

Examples o actories include a manuacturing plant, acar-servicing workshop, a shipyard and a constructionwork-site.

Pleasenote:A ull listing o the premises considered to be

actories is provided in Annex B o this guide.

Whoisastakeholder?

A stakeholder is any person or party who is aected bythe Workplace Saety and Health Act.


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Whatdoesthetermreasonablypracticablemean?

The term reasonably practicable means that the degree

o risk in a particular situation can be balanced against thetime, trouble, cost and physical diculty o taking measuresto avoid the risk.

An action is considered to be practicablewhen it is capableo being done.

Whether it is also reasonable usually takes into account:

the severity o any injury or harm

to health that may occur; the degree o risk (or likelihood) o

that injury or harm occurring;

how much is known about the hazard and theways o eliminating, reducing or controlling it;

the availability, suitability and cost o the saeguards.

The risk and severity o injury needs to be weighed against

the overall easibility o the saeguards needed to removethe risk. The greater the risk, the more likely it is to bereasonable to go to very considerable expense and eortto reduce it.

The cost o putting saeguards in place needs to bemeasured against the consequences o ailing to do so.The judgement is an objective one. Whether the employercan aord to put the necessary saeguards in place is not

a consideration, particularly where there is risk o seriousinjury, or requent but less severe injury.

Common practice and knowledge throughout the relevantindustry are sometimes taken into account when judgingwhether a saeguard is reasonably practicable. Individualemployers cannot claim that they do not know what to doabout certain hazards i those hazards are widely knownby others in the same industry, and saeguards are in placeelsewhere.


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Good reerence guides on what saety and health measuresare reasonably practicable include the ollowing:

Singapore Codes o Practice1

OSH standards guidelines published by theWorkplace Saety and Health Advisory Committee

1 Singapore Codes o Practice can be purchased rom SPRING Singapore.


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Understanding

Your Obligations atand Meeting

The WorkplaceWhohasobligationstoulflundertheWorkplaceSaetyandHealthAct?

In general, persons who have duties and responsibilitiesunder the Act are listed below.

Employer

Any person who employs another person to perorm workunder a contract o service.

Principal

Any person who engages another person or organizationto supply labour or perorm work under some arrangementother than a contract o service.

Occupier

In workplaces registered as a actory, the occupier is the

person who is the holder o the certicate o registrationor actory permit.

In all other workplaces, the occupier is the person whohas control o the premises regardless o whether he is theowner o those premises.


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Contractor

Any person engaged by another person or organization

under a contract or service or the supply o labour orconduct o work at the workplace.

ManuacturerOrSupplier

Any person who manuactures or supplies machinery,equipment or hazardous substances used at work in theworkplace.

ErectorOrInstaller

Any person who installs or erects machinery, equipment,the building itsel or any item or use in the workplace.

Worker

Any person at work, including an employee, i.e. oneemployed under a contract o service, volunteer or anyother person training or working under the employer suchas an industrial attachment student.

Sel-EmployedPerson

Any person who works but is not under a contract o service.

WhataretheobligationsothevariousstakeholdersundertheAct?

Based on the domains over which the various stakeholdershave control, the Workplace Saety and Health Act aims todene areas to which they should pay attention in ensuringworkplace saety. It is possible or a person to have multipleobligations. For instance, a person can be an occupier, an

employer and a principal at the same time in the sameworkplace.


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IYouAreAnEmployerOrPrincipal

You must, as ar as reasonably practicable, protect the

saety and health o your employees or workers workingunder your direct control and all who may be aected bytheir work.

This includes:

conducting risk assessments to remove orcontrol risks to workers at the workplace;

maintaining sae work acilities and

arrangements or the workers at work; ensuring saety in machinery, equipment,

plant, articles, substances and workprocesses at the workplace;

developing and putting into practice controlmeasures or dealing with emergencies;

providing workers with adequate instruction,inormation, training and supervision.

IYouAreAnOccupier

You must, as ar as reasonably practicable, ensure theollowing are sae and without risks to the health o anyperson within those premises, even i the person is not oneo your employees.

the workplace;

all entrances to or exits rom the workplace;

any machinery, equipment, plant, articleor substance kept on the workplace.

As an occupier, you may also be responsible or the commonareas used by your employees and contractors. In particular,the ollowing items, i they are used by persons working atyour workplace, are your responsibility.


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electric generators and motorslocated in the common area;

hoists and lits, liting gear, liting appliances andliting machines located in the common area;

means o entry to or exit rom the common area;

any machinery or plant located in the common area.

IYouAreAManuacturerOrSupplier

You must ensure that any machinery, equipment orsubstances you provide are sae or use. Hence, you arerequired to:

provide proper inormation on the sae use o themachinery, equipment or hazardous substance;

ensure that the machinery, equipment orhazardous substance is sae or use;

ensure that the machinery, equipment or

hazardous substance has been tested andexamined so that it is sae or use.

Please Note: A list o the machinery, equipment andsubstances to which this requirement is applicable isprovided in Annex C and D.

IYouAreAnInstallerOrErectorOMachinery

You must ensure, as ar as reasonably practicable, themachinery or equipment erected, installed or modied issae and without health risks when properly used.

Please Note: A list o the machinery, equipment andsubstances to which this requirement is applicable isprovided in Annex C.


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IYouAreAnEmployedWorker

You must adhere to sae working procedures

and principles introduced at the workplace.

You should not endanger yoursel or othersworking around you through unsae behaviour.

You should not tamper with any saety deviceor undertake any wilul or reckless acts.

You should also always correctly use any personalprotective equipment provided at work.

IYouAreASel-EmployedPerson

As a sel-employed person, you are still required to takemeasures, as ar as reasonably practicable, to ensure thesaety and health o others such as members o the public.

Everyone has an obligation to ensure workplace saety.Getting every worker home saely at the end o the day

does not only depend on the eort o one individual, but isthe result o all stakeholders working together.


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The Enorcement Frameworko the WorkplaceSaety And Health Act

WhoisinchargeoadministeringtheWorkplaceSaetyandHealthAct?

The Commissioner or Workplace Saety and Health,assisted by Deputy Commissioners and appointedinspectors, ensures that workplaces comply with saety andhealth regulations.

WhataresomeotheenorcementmeasurestoensurecompliancewiththeAct?

The ollowing are some measures that may be used to

ensure compliance.

WorkplaceInspections

Inspectors are empowered to enter, inspect and examineany workplace at any time to ensure workplace saety. Inorder to do so, an inspector may:

inspect, examine and make copies oany workplace documents;

take samples o any material or substanceound in, or being discharged rom, anyworkplace or the purpose o analysis or test;

take photographs or video recordings torecord the conditions and the processescarried out in the workplace;


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take into custody any article in the workplacewhich is required or the purpose o aninvestigation or inquiry under the Act.

InvestigationsIntoAWorkplaceAccidentOrIncident

The Commissioner may order an investigation intoany workplace accident or incident. In the course oinvestigations, the inspector may inspect the accidentscene and workplace. The inspector may also interviewand record statements o persons about the accident or

incident. These persons are bound to state the truth andassist in the investigations.

SuspensionOCertiicates

When necessary, the Commissioner may suspend anycerticate. Examples o certicates issued under the Actinclude Certicates o Factory Registration and certicates

issued to authorised examiners.

RemedialOrdersAndStopWorkOrders

The Commissioner may issue a Remedial Order to requirean employer or occupier or any other person to removeany workplace risk or to comply with a sae work practicewhether or not there is any immediate danger. This will be

the primary tool that the Commissioner will use to requireemployers to improve their management o saety andhealth and the quality o risk assessment.

The Commissioner may issue a Stop Work Order to requirethe specied work to cease until measures have been takento ensure that the work can be carried out saely. A StopWork Order will be used in instances where severe lapses insaety and health conditions may cause immediate dangerto the workers.

Failure to comply with either a Remedial Order or StopWork Order is considered an oence.


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CompositionFines

Composition nes are oered or oences at the

Commissioners discretion. Oences may be compoundedto a sum not more than hal the maximum ne prescribedor the oence or $5,000, whichever is lower. Prosecutionaction may be taken i payment is not received within aspecied period.

Prosecution

The Commissioner may prosecute any oender or violationunder the Act. I you are charged with an oence underthe Act, it is your duty to show to the courts that:

you complied with the Act and/or itsrelevant subsidiary legislation;

or you complied with the relevant approvedcode o practice or guidelines;

or you took reasonable precautions andexercised due diligence where there wasno specic legislation or guidelines;

or the oence was due to causes beyond yourcontrol, i.e. it was not reasonably practicableto prevent the contravention or accident.


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Liabilitiesand PenaltiesWhatarethepenaltiesorailingtocomplywiththeWorkplaceSaetyandHealthAct?

The Workplace Saety and Health Act states a generalmaximum penalty or oences. The penalties are shown inthe tables below.

Categoryooender

MaximumfneMaximum

imprisonmentConditions

Individual persons $200,000 2 years Either orboth

Corporate body $500,000

WorkersFor ailure to usepersonal protectiveequipment ormisuse o anysaety appliance.

a) 1st conviction- $1,000

b) 2nd orsubsequentconviction- $2,000

Repeat oendersFor a 2nd orsubsequentconviction or thesame oences thatcauses the deatho another person.a. Individualb. Corporate body

$400,000$1 million

2 years Either orboth

GeneralPenaltiesForOencesForWhichNoPenaltyIsPrescribedUnderTheAct


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FailureToComplyWithRemedialOrderOrStopWorkOrder

Categoryooender

MaximumfneMaximum

imprisonmentConditions

Person who ailsto comply with aRemedial Order

I oence iscontinued aterconviction

$50,000

Additional ne o$5,000 or eachday the oencecontinues

12 months Either orboth

Person who ailsto comply with aStop Work Order

I the oence iscontinued aterconviction

$500,000

$20,000 or eachday the oencecontinues

12 months Either orboth


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Subsidiary Legislations

Saety and Health ActUnder the Workplace

IsthereanyotherlegislationundertheWorkplaceSaetyandHealthActtowhichImayneedtoreer?

Listed below are some o the new subsidiary legislationthat have been made to enhance understanding or speciyrequirements under the Act.

The Workplace Saety and Health(General Provisions) Regulations

The Workplace Saety and Health(Incident Reporting) Regulations

The Workplace Saety and Health

(Registration o Factories) Regulations

The Workplace Saety and Health(First-Aid) Regulations

The Workplace Saety and Health(Risk Management) Regulations

The Workplace Saety and Health(Exemption) Order

The Workplace Saety and Health(Composition o Oences) Regulations

Over the next 2-3 years, all other subsidiary legislationsmade under the Factories Act will be reviewed and updatedto be in line with the Workplace Saety and Health Act.


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OSHStandards Consultationand Training

WherecanIgetassistanceinordertodischargemydutiesundertheAct?

A number o saety and health proessionals have beenapproved or accredited to assist with ensuring workplacesaety. They include workplace saety and health ocers,workplace saety and health auditors, authorised examinersand accredited training providers.

Requirements on the engagement o saety and healthocers and auditors are stipulated in the subsidiarylegislation.

The ull list o approved or accredited personnel andorganizations is available on the Ministry o Manpowerwebsite at www.mom.gov.sg.


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Transition

PeriodWhatisthestatusoappointedpersonsanddocumentationissuedorapprovedundertheFactoriesAct?

Any person appointed, and any documents, certicatesor permits issued or approved under the Factories Act willcontinue to be valid (until its expiry) under the WorkplaceSaety and Health Act during the transition between thetwo pieces o legislation.

Examples o such persons or documents include:

saety ocers,

saety auditors,

authorized boiler inspectors,

approved persons,

designated actory doctors,

certicates o actory registration,

saety committees and inspection reports.

Subsidiary legislation made under the Factories Act will alsoremain in orce.


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Formoreinormation,pleasecontactusat:

Email : [email protected] : +65 64385122Fax : +65 63171261Website : http://www.mom.gov.sg/oshd

You may also obtain the latest occupational saety andhealth inormation by subscribing to the OSH Alert at theollowing website:

http://oshalert.mom.gov.sg

Copies o the new Act and other subsidiary legislations can

be purchased rom:

SNP Corporation (Legal) LtdLegal Publications Retail Outlet1 Kim Seng Promenade #18-01/06Great World City East TowerSingapore 237994Tel: +65 68269691Website: http://www.snpcorp.com/webshop

Toreportanyunsaeworkplacesorpractices

Hotline : +65 63171111

Website : http://www.mom.gov.sg/oshd

Mailing Address : Occupational Saety and Health DivisionMinistry o Manpower

18 Havelock Road #03-02Singapore 059764

Further

Inormation


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PremisesConsideredToBeFactories

The ollowing premises within which persons are employedare considered to be actories.

HeavyIndustries

a. Any yard, including any dock, whar, jetty, quay andthe area within its boundaries, where the construction,reconstruction, repair, retting, nishing or breakingup o ships is carried out. This includes the waters nextto any such yard where similar shipbuilding activities

are carried out by the occupier o that yard or by otherson his behal.

b. Any premises where the construction, reconstructionor repair o locomotives, aircrat, vehicles or otherplant used or transport is carried on as a part o atransport undertaking or other industrial or commercialundertaking. These premises are not used or thepurpose o housing locomotives, aircrat or vehicles

where only cleaning, washing, running repairs or minoradjustments are carried out.

c. Any premises where building operations or any work oengineering construction are carried on.

LightIndustries

a. Any premises in which the business o hooking,plaiting, lapping, making up or packing o yarn orcloth is carried out.

Annex B


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b. Any premises where the making, adaptation or repairo dresses, scenery or props is carried on as part o theproduction o lms, tapes or discs or public broadcastor screening or to the presentation o theatricalperormances or trade or gain. These premises are nota stage or dressing-room o a theatre in which onlyoccasional adaptations or repairs are made.

c. Any premises where the business o making or mendingnets is carried on as part o the shing industry.

d. Any premises where the production o cinematographlms is carried on or trade or gain. These premises are

not a stage or a dressing-room o any actor connectedwith the production o any cinematograph lm.

e. Any premises where the printing by letter press,oset, lithography, photogravure, rotogravure, orother similar process, or the binding o such printedmaterials is carried on or trade or gain or as part oanother business.

AncillaryIndustries

a. Any premises where the sorting o articles is carriedon beore the actual work is carried out in any otheractory whether that other actory is situated within oroutside Singapore.

b. Any premises where the washing or lling o bottlesor containers or packing o articles is carried onin connection with the work o any other actory,whether that other actory is situated within or outsideSingapore.

c. Any laundry as a part o another business or inconnection with any public institution.

d. Any premises where articles are made or preparedas part o any building operations or any works oengineering construction.


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Storageacilities

a. Any premises which are used or the storage o gas, including

liqueed gas, in a container having a storage capacity o not lessthan 140 cubic metres.

b. Any premises which are used or the bulk storage o toxic orfammable liquid in a container, excluding liqueed gas, that isnot an underground container and that has a storage capacity onot less than 5,000 cubic metres.

Utilities

a. Any premises where work is carried out or generating electricalenergy or in connection with the supply o electrical energy ortrade or gain.

b. Any premises where mechanical power is used or supplyingwater or in connection with a water supply.

c. Any sewage works where mechanical power is used and anypumping station used in connection with these works;

General

a. Any premises where mechanical power is used in connection withthe making or repair o any article as part o any business carriedon or trade or gain.

b. Any premises where mechanical power is used in connection withthe sorting, packing, handling or storing o articles or trade, gainor as part o another business.


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Annex CMachineryandEquipmentThatManuacturersAndSuppliersHaveDutiesToEnsureAreSaeForUse

a. Bar-benders

b. Equipment or piping intended or operation underpressure, including all statutory pressure vessels

c. Equipment or piping intended to contain corrosive,toxic or fammable substances

d. Equipment used or abrasive blasting, including anyaccessory, apparatus or tting necessary to enable itsuse and operation

e. Explosive powered tools. Forklits

g. Liting equipment

h. Materials or components used or the construction osupport structures

i. Power presses

j. Scaolds and any materials or components used toerect them

k. Welding equipment, including any accessory, apparatusor tting necessary to enable its use


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Annex DSubstancesThatManuacturersAndSuppliersHaveDutiestoEnsureAreSaeForUse

a. Carcinogens

b. Corrosive substances

c. Explosives

d. Flammable substances

e. Gases under pressure

. Irritants

g. Mutagensh. Organic peroxides

i. Oxidising substances

j. Pyrophoric substances

k. Sel-heating substances

l. Sel-reactive substances

m. Sensitizersn. Substances hazardous to aquatic environment.

o. Substances which in contact with water, emitfammable gases

p. Teratogens

q. Toxic substances

Compiled by Ministry of Manpower

Documents

Guide to the Workplace Safety and Health Act 2006