Workplace Safety & Health Act iReport - OEHS · iReport (Incident Reporting) is an online reporting system for • Accidents, Dangerous Occurrences and Occupational Diseases under

® All Rights Reserved ® All Rights Reserved

Workplace Safety & Health Act

iReport

® All Rights Reserved

TargetTo halve our current

occupational fatality rate by 2015

To attain standards of the current top 10 developed countries with good safety

records.

The Need for Reform

8.6Hong Kong SAR

2.5EU15 Average

2.6Japan

4.9Singapore (2004)

6.9Taiwan (2001)

10.8Malaysia

2.2USA (2000)

2.0Australia

1.3United Kingdom

1.2Sweden

Occupational Fatality Rate #

Country / Region

# Occupational Death per 100,000 workers

Comparison of Occupational Death Rates, 2002


Workplace Safety and Health Act

• The WSHA is the key legal instrument to effect the principles of the new OSH framework. The principles are:–– Reduce Risks at SourceReduce Risks at Source

–– Promote Industry Ownership of Standards and OutcomesPromote Industry Ownership of Standards and Outcomes

–– Higher Penalties for Poor Safety ManagementHigher Penalties for Poor Safety Management

• Administered by the Commissioner for Workplace Safety and Health


Who are covered?

• Section 2 read with First ScheduleFirst Schedule limits the present scope of the Act to:– Factories– Airport - checking, loading..by persons other than crew– Any ship in the harbour - scaling, cleaning, construction– Any dock, wharf - loading…by persons other than crew– Railway area - inspection, testing, maintenance carried out– Any premises (other than domestic) in which steam boiler, steam

receiver or air receiver is used– Any laboratory or other premises where the testing,

examination or analysis of any article is carried out

• Eventually all workplaces will be covered under the Act (eg hospitals, clinics)


Better Defined Liability Regime to Reduce Risks at Source

• Current Factories Act imposed liability primarily on the registered factory occupier.

• The WSHA assigns legal responsibility to those who create and have control over safety and health risks.

• Imposed a general duty to take reasonably practicable measures to protect people affected– Employees, workers as well as members of public


• Occupiers for the physical workplace, means of access and egress and any machinery, equipment etc. (S. 11)

• Employers (including self-employed) for work processes. (S. 12 and 13)

• Principals for their contractors or workers supplied by 3rd party labour suppliers where they direct the manner of work. (S. 14)

Stakeholders under the New Liability Regime (Part IV of the WSHA)


• Measures that employers and principals are required to undertake include: – providing and maintaining a safe work environment;– ensuring adequate safety measures are taken at work;– ensuring persons are not exposed to hazards arising from

the workplace or areas under the employer’s control;– developing and implementing emergency procedures;– providing adequate instructions, information, training and

supervision to employees;



• Employees (persons at work) to co-operate with employers and not endanger the safety and health of others. (S. 15)

• Manufacturers & supplier of dangerous machinery, equipment and hazardous substances (S. 16)

• Persons who erect, install, modify or maintain such machinery. (S. 17)



• To engender a strong safety culture, commitment of top management is critical

• WSHA holds managers and directors of companies personally accountable for safety and health practices at their workplace (S. 48)

Strengthened Personal Accountability


Moving to a Performance- based regime

• Present Factories Act is prescriptive in nature– “the law prescribes what must be done in order to be

safe”– Safety measures listed are not exhaustive;– It is simply not effective to prescribe detailed

requirements applicable for every scenario, across different industry sectors.


Moving to a Performance- based regime- Comprehensive Risk Management Systems

• Companies will be required under the WSH (Risk Management) Regulations to:– Conduct Risk Assessments– Take steps to eliminate or minimise the identified risk– Disseminate information to employees and others

• Risk Assessment guidelines available


• Government will continue to work closely with industry in standard setting and provide guidance for compliance.

• Codes of practices will be established together with industry that will serve as guidelines on reasonably practicable measures for compliance.

Moving to a Performance- based regime (Con’t)


General Duties to be Discharged by…

• Management of stakeholders must show that they have taken active steps to:– Implement sound OSH management systems; – Conduct comprehensive Risk Assessments and implement

control measures to eliminate or reduce the risks; – Provide adequate resources;– Provide information to affected persons;– Comply with existing Regulations, Codes of Practice and

industry practices.

• Companies are expected to engage 3rd-party OSH professionals if they lack the capabilities to help better manage their workplace safety and health.


Higher Penalties for Poor Safety Management and Performance

Penalties under the Factories Act-

n Minor (Technical Offence) Max. fine - $5,000 / $2,000

n Likely to cause injury Max. fine - $20,000 and/or 1/2 yr jail

n Results in serious injury Max. fine - $35,000 and/or 1 yr jail

n Results in one death Max. fine - $50,000 and/or 1 yr jail

n Results in 2 or > death Max. fine - $200,000 and/or 1 yr jail

n For Repeat Offender Max. fine of twice the amount that is specified in the Act

“The Factories Act contains a stepped penalty regime based on the harm done. The inadequacy of this regime is

that it does not allow for meaningful penalties in cases where there are severe lapses, but fortuitously no

accidents have occurred.”Manpower Minister Dr Ng Eng Hen during 2nd reading of WSHA


Higher Penalties for Poor Safety Management and Performance

• The WSHA hence allow the court to impose penalties “taking into account all the relevant circumstances, including the culpability of the offender, the potential harm that could have been caused, and the harm actually done.”

[WSHA 2nd Reading speech]

Enhanced General Penalties under the WSH Act-

n For Individuals - $200,000 and/or 24 months24 months’’ jailjail.

n For Corporations - $500,000 fine$500,000 fine..

n For repeat offenders where a fatality occurs during a previous

offence and a 2nd fatality is caused – Max. fine is doubled

The penalties have been increased in-line with other leading OSH countries, but generally consistent with other similar offences;


WSH (Risk Management) Regulations

• Intention of the Regulation– We want to change mindsets to make those in charge take

responsibility for managing their own safety outcomes, not rely on Government to prescribe standards

– This regulation will require all employers / principals covered by the Act to assess risk to safety and health of any persons who may be affected by the undertaking.

– Risk Assessment is one way in which general duties under Part IV of the main Act will be discharged – senior managers must lead the way.

– The risk assessment (RA) should be a genuine attempt to identifyhazards and risk of injuries/accidents, not a bureaucratic form filling exercise – hence no prescribed template.

Reducing risk@source


• Employers / Principals of workplaces (subject to scope of WSHA) are to:– Assess risk to workers arising from work before work commences– Eliminate the risk where possible, or if not take measures to control

the risk such as: • (i) Substitution• (ii) Engineering controls• (iii) Administrative controls, including safe work procedures• (iv) Provision and use of suitable personal protective equipment

– Establish Safe Work Procedures



• Other requirements:– Communicating the risk and control measures to the workers – Revising RAs at least once in 3 years, or when

• Accidents happen as a result of exposure to a hazard• Significant change in work practices or procedures

• Penalty for failure to conduct risk assessment and implement measures to eliminate or control risk: – 1st offence - A fine not exceeding $10,000– 2nd or subsequent offence - A fine not exceeding $20,000 or to

imprisonment for a term not exceeding 12 months, or both



WSH (Incident Reporting) Regulations

• Intention of the Regulation

– We want to ensure that our data on the state of OSH in Singaporeis comprehensive to facilitate early detection of problems

• This regulation will cover all workplaces; not limited to factories

• Widen the scope of existing reporting requirements, to include injuries to members of the public arising from work accidents.

– Effective since 1 Mar 2006


• Regulation will affect employers and occupiers of workplacesand doctors– except employer of a domestic worker working at the employer’s

private domestic premises

• Duty to report all workplace accidents that result in death or injury, occupational disease and dangerous occurrences, exceptany workplace accidents which occurs:– In the course of a person commuting to and fro from any workplace*

– In the course of any person driving any vehicle as part of his work *

* May be reportable under the WCA



• Employer to report a workplace accident when:– The accident leads to a death of an employee – Injured employee is:

• Granted more than 3 consecutive days of sick leave; or • Hospitalised for at least 24 hours for observation or treatment

– Employee is diagnosed with an occupational disease

• Occupier to report a workplace accident when:– The accident leads to a death of a self-employed or a member of public – Injured self-employed or member of public is taken to the hospital for

treatment

• Doctor to report an occupational disease• Proposed penalty for failure to notify workplace incidents:

– 1st offence - A fine not exceeding $5,000– 2nd or subsequent offence - A fine not exceeding $10,000 or to

imprisonment for a term not exceeding 6 months, or both



Examples

-NoA nursing officer has a needle stick injury with no medical leave

-NoA patient dies as a result of inappropriate treatment

Occupier of the clinic

Yes under the WSHAA visitor at the clinic slips and falls in the waiting area over a cable because the floor is being vacuumed and has to be brought to hospital for treatment

Employer and doctor

Yes under the WSHA but not under WCA

A nursing officer develops repetitive strain disorder of the upper limb which is work-related

EmployerYes under both WSHA and WCA

A clinic assistant has a needle stick injury and incurs 4 days medical leave

EmployerYes under the WSHA but not under the WCA

A doctor accidentally cuts himself during surgery and incurs 4 days medical leave

EmployerYes under the WCA but not under the WSHA

A laboratory technician has a needle stick injury with no medical leave

By whomReportable to MOMCase


What is iReport?

iReport (Incident Reporting) is an online reporting system for

• Accidents, Dangerous Occurrences and Occupational Diseases under the Workplace Safety and Health Act (WSHA), (Incident Reporting) Regulations and/ or

• Accidents and Occupational Diseases under the Workmen's Compensation Act (WCA)


How do I access to iReport?

We have an Accident!

We have a Dangerous Occurrence!

We have an Occupational Disease!

www.mom.gov.sg/iReport

www.mom.gov.sg/eservices



Submission Flow – 4 Easy Steps! (For employers & occupiers)

Done!

Step 1: Who are you?

Step 2: Your Organization Details?

Step 3: What is the Incident about?

Step 4: Victim(s) involved? (If applicable)

Summary of Victims

Declaration

Step 5: If involved more victims, repeat Step 4


Demonstration (Reporting an incident)

Employers & OccupiersDoctors


Thank You!

Documents

Workplace Safety & Health Act iReport - OEHS · iReport (Incident Reporting) is an online reporting system for • Accidents, Dangerous Occurrences and Occupational Diseases under