Wednesday, October 5, 2011

WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING) REGULATIONS 2009


WORKPLACE SAFETY AND HEALTH ACT  (CHAPTER 354A) 
WORKPLACE SAFETY AND HEALTH  (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING) REGULATIONS 2009 
In exercise of the powers conferred by sections 30 and 65 of the Workplace Safety and Health
Act, the Minister for Manpower hereby makes the following Regulations:
Arrangement of Regulations
PART I
PRELIMINARY
Regulation
1 Citation and commencement
2 Definitions
PART II
APPROVAL TO ACT AS WORKPLACE SAFETY AND HEALTH AUDITOR
3 Application for approval to be workplace safety and health auditor
4 Requirements for approval as workplace safety and health auditor
5 Certificate of approval
6 Register of workplace safety and health auditors
7 Workplace safety and health auditor to attend courses
PART III
SAFETY AND HEALTH MANAGEMENT SYSTEM
8 Implementation of safety and health management system
9 Workplace safety and health audit
10 Internal review of safety and health management system
11 Commissioner may direct occupier of workplace to appoint workplace safety and health
auditor
12 Duties of workplace safety and health auditor
13 Powers of workplace safety and health auditor
PART IV
MISCELLANEOUS
14 Offence
The Schedules WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
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Actual Regulations
PART I
PRELIMINARY
Citation and commencement
1.  These Regulations may be cited as the Workplace Safety and Health (Safety and Health
Management System and Auditing) Regulations 2009 and shall come into operation on
1st March 2010.
Definitions
2.  In these Regulations, unless the context otherwise requires —
“auditing agency” means a company or firm that provides or desires to provide safety and health
auditing services;
“imminent danger” means the existence of any condition or practice in a workplace which could
reasonably be expected to cause death or serious bodily injury immediately to any person if
works were to proceed in the workplace or if  persons were to enter the workplace before the
condition or practice was eliminated;
“shipyard” means any yard (including any dock, wharf, jetty, quay and the precincts thereof)
where the construction, reconstruction, repair, refitting, finishing or breaking up of ships is carried
out, and includes the waters adjacent to any such  yard where the construction, reconstruction,
repair, refitting, finishing or breaking up of ships is carried out by or on behalf of the occupier of
that yard;
“worksite” means any premises where any building operation or works of engineering
construction is or are being carried out by way of trade or for purposes of gain, whether or not by
or on behalf of the Government or a statutory body, and includes any line or siding (not forming
part of a railway) which is used in connection with the building operation or works of engineering
construction.
PART II
APPROVAL TO ACT AS WORKPLACE SAFETY AND HEALTH AUDITOR
Application for approval to be workplace safety and health auditor
3.—(1)  A person may apply to the Commissioner for his approval to act as a workplace safety
and health auditor.
(2)  An application under paragraph (1) shall be —
(a) accompanied by the appropriate fee specified in the First Schedule and which shall not be
refundable; and
(b) submitted through an auditing agency of which he is a member unless the Commissioner
otherwise waives this requirement.
Requirements for approval as workplace safety and health auditor
4.—(1)  For the purposes of section 33(3)(a) of the Act, a person may be approved to act as a
workplace safety and health auditor if he satisfies the Commissioner that he —
(a) has successfully completed a training course to equip him to become a workplace safety and
health auditor; and WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
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(b) has the following practical experience:
(i) at least 5 years of practical experience relevant to the work to be performed by a workplace
safety and health auditor; or
(ii) at least 3 years of practical experience relevant to the work to be performed by a workplace
safety and health auditor, if he is a workplace safety and health officer at the time he applies for
approval to act as a workplace safety and health auditor.
(2)  Notwithstanding paragraph (1), the Commissioner may approve a person to act as a
workplace safety and health auditor, although the person does not have the qualifications and
practical experience referred to in paragraph (1)(a) and (b), if the Commissioner is satisfied that
the person has such other qualifications and practical experience as to render him competent to
act as a workplace safety and health auditor.
Certificate of approval
5.—(1) Upon a person being approved as a workplace safety and health auditor under this Part,
the Commissioner shall —
(a) issue him with a certificate of approval; and
(b) record his name and relevant particulars in the register of workplace safety and health
auditors.
(2)  A certificate of approval shall not be transferable.
(3)  Where a certificate of approval is lost, destroyed or defaced, the holder of the certificate may
apply to the Commissioner for a replacement certificate, and regulation 3(2) shall apply to such
application as if an application for approval  under that regulation were a reference to an
application for a replacement certificate.
(4)  An application under paragraph (3) shall be  supported by such documentary proof that the
certificate of approval issued earlier has been lost, destroyed or defaced.
Register of workplace safety and health auditors
6.  The Commissioner shall keep an up-to-date  register of all persons approved to act as
workplace safety and health auditors.
Workplace safety and health auditor to attend courses
7.  The Commissioner may, in granting any person approval to act as a workplace safety and
health auditor, impose any condition as he thinks fit, including the requirement for the person to
attend such training courses which, in the opinion of the Commissioner, are relevant to the work
of a workplace safety and health auditor.
PART III
SAFETY AND HEALTH MANAGEMENT SYSTEM
Implementation of safety and health management system
8.—(1)  It shall be the duty of the occupier of every workplace specified in the Second Schedule
to implement a safety and health management system for the purpose of ensuring the safety and
health of persons at work in the workplace.
(2)  The safety and health management system referred to in paragraph (1) shall be implemented
in accordance with any relevant Singapore Standard relating to safety and health management WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
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systems or such other standards, codes of practice or guidance issued or approved by the
Workplace Safety and Health Council.
Workplace safety and health audit
9.—(1)  It shall be the duty of the occupier of any workplace specified in the Third Schedule to
appoint a workplace safety and health auditor to audit the safety and health management system
of the workplace at a frequency as specified in the Third Schedule.
(2)  Notwithstanding paragraph (1), the Commissioner may, subject to such conditions as he may
determine, direct the occupier of any workplace  specified in the Third Schedule to conduct an
audit of the safety and health management system of the workplace within such period as the
Commissioner may require.
(3)  It shall be the duty of the occupier of any workplace specified in the Third Schedule to have
the workplace audited within such period as the Commissioner may direct under paragraph (2).
(4)  It shall be the duty of the occupier of any workplace specified in the Third Schedule to
implement, as far as is reasonably practicable, the recommendations of the workplace safety and
health auditor appointed under paragraph (1) without undue delay.
Internal review of safety and health management system
10.—(1) It shall be the duty of the occupier of any workplace specified in the Fourth Schedule to
conduct an internal review of the safety and health management system of the workplace at the
frequency as specified in the Fourth Schedule.
(2)  Notwithstanding paragraph (1), the Commissioner may direct the occupier of any workplace
specified in the Fourth Schedule to appoint a workplace safety and health auditor to audit the
safety and health management system of the workplace.
(3)  It shall be the duty of the occupier of any workplace specified in the Fourth Schedule to
appoint a workplace safety and health auditor as the Commissioner may direct under
paragraph (2).
(4)  It shall be the duty of the occupier of any workplace specified in the Fourth Schedule to
implement, as far as is reasonably practicable, the recommendations of the workplace safety and
health auditor appointed under paragraph (3) without undue delay.
Commissioner may direct occupier of workplace to appoint workplace safety and health
auditor
11.—(1)  The Commissioner may direct the occupier of any workplace to appoint a workplace
safety and health auditor to audit all or any of the following with a view to ensuring the safety and
health of persons at work in the workplace:
(a) any risk assessment relating to the workplace or the work carried out in that workplace;
(b) any work process at the workplace;
(c) the workplace.
(2)  It shall be the duty of the occupier of any workplace to appoint a workplace safety and health
auditor as directed by the Commissioner under paragraph (1).
(3)  It shall be the duty of the occupier of any  workplace to implement, as far as is reasonably
practicable, the recommendations of the workplace safety and health auditor appointed under
paragraph (1) without undue delay.
Duties of workplace safety and health auditor
12.—(1) The duties of a workplace safety and health auditor appointed in respect of a workplace
shall be — WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
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(a) to audit the workplace in such manner as the Commissioner may determine;
(b) to submit an audit report to the occupier of the workplace upon completion of the audit
indicating the findings and recommendations in the report;
(c) to advise the occupier of the workplace to  take immediate action to remedy any unsafe
condition or unsafe work practice found during the audit that may result in imminent danger to the
safety and health of persons at work; and
(d) to report to the Commissioner the unsafe condition or unsafe work practice referred to in subparagraph (c) if the occupier —
(i) refuses to take immediate remedial action; or
(ii) needs more than a day to remedy the unsafe condition or unsafe work practice.
(2)  A workplace safety and health auditor shall not conduct an audit of any workplace in which
he, or the auditing agency of which he is a member, has any professional, financial or other
interest which may conflict with his duties as a workplace safety and health auditor.
(3)  Without prejudice to the generality of paragraph (2), a workplace safety and health auditor, or
the auditing agency of which he is a member,  shall be regarded as having a professional or
financial interest which may conflict with his duties as a workplace safety and health auditor if he
or the auditing agency of which he is a member —
(a) is involved in the establishment or implementation of the safety and health management
system for the workplace in which he is to conduct an audit; or
b) provides any workplace safety and health officer or any workplace safety and health
coordinator to assist the occupier of the workplace (or any other person in charge of the
workplace) on any workplace safety and health matter of the workplace in which he is to conduct
an audit.
(4)  It shall be the duty of the occupier of a workplace to ensure that the workplace safety and
health auditor appointed under regulation 9(1), 10(3) or 11(2) in respect of the workplace is not a
partner, an officer, an employee or an associate of the occupier of the workplace.
(5)  For the purposes of paragraph (4), a person shall be regarded as an associate of an occupier
of a workplace if the person is —
(a) an employer of the occupier;
(b) where the occupier is a body corporate —
(i) a person who is a substantial shareholder of that body corporate as defined in section 81 of the
Companies Act (Cap. 50); or
(ii) a director, secretary or similar executive officer of the body corporate; or
(c) where the occupier is a trustee, a beneficiary of the trust.
(6)  A workplace safety and health auditor shall respect the confidentiality of protected information
acquired by him in the course of his work and shall not disclose any such information to a third
party without specific authority or unless there is a legal or professional duty to disclose.
(7)  It shall be the duty of a workplace safety and health auditor appointed in respect of a
workplace to exercise all due diligence when performing his function in relation to the carrying out
of the audit of a workplace under paragraph (1).
(8)  Any workplace safety and health auditor who, without reasonable excuse, contravenes
paragraph (1), (2) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding
$10,000 or to imprisonment for a term not exceeding 6 months or to both. WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
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(9)  Any workplace safety and health auditor who, without reasonable excuse, contravenes
paragraph (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$10,000 or to imprisonment for a term not exceeding 2 years or to both.
(10)  Any occupier of a workplace who, without reasonable excuse, contravenes paragraph (4)
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and,
in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 6 months or to both.
Powers of workplace safety and health auditor
13.—(1) The workplace safety and health auditor shall, for the purposes of discharging his duties
under regulation 12, have the power to do any or all of the following:
(a) to enter, inspect and examine at any reasonable time the workplace;
(b) to inspect and examine any machinery, equipment, plant, installation or article in the
workplace;
(c) to require the production of workplace records, certificates, notices and documents kept or
required to be kept under the Act, including any other relevant document, and to inspect and
examine any of them;
(d) to make such examination and inquiry of the  workplace and of any person at work at that
workplace as may be necessary to execute his duties;
(e) to assess the levels of noise, illumination, heat or harmful or hazardous substances in the
workplace and the exposure levels of persons at work therein.
(2) The occupier of a workplace and any person  at work in the workplace shall render all
necessary assistance and co-operation to the workplace safety and health auditor as are
necessary for him to discharge his duties under regulation 12 or otherwise for the exercise of his
powers referred to in paragraph (1).
(3)  Any person who obstructs a workplace safety and health auditor in the exercise of his power
under this regulation shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000.
PART IV
MISCELLANEOUS
Offence
14.  Any occupier of a workplace who contravenes regulation 8(1), 9(1), (3) or (4), 10(1), (3) or (4)
or 11(2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $10,000, and if the contravention in  respect of which he was so convicted continues
after the conviction, he shall be guilty of a further offence and shall be liable to a fine not
exceeding $1,000 for every day or part thereof during which the offence continues after
conviction. WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
Page 7 of 9
FIRST SCHEDULE
Regulations 3(2) and 5(4)
FEES
First column  Second column
1. An application for approval to act as a
workplace safety and health auditor
 $110
2. To replace a certificate of approval  $10 per certificate to
be replaced.
SECOND SCHEDULE
Regulation 8(1)
WORKPLACES TO IMPLEMENT SAFETY AND HEALTH MANAGEMENT SYSTEM
1. Any premises which is a worksite.
2. Any premises which is a shipyard.
3. Any factory engaged in the manufacturing of fabricated metal
products, machinery or equipment and in which 100 or more
persons are employed.
4. Any factory engaged in the processing or manufacturing of
petroleum, petroleum products, petrochemicals or petrochemical
products.
5. Any premises where the bulk storage of toxic or flammable liquid is
carried on by way of trade or for the purpose of gain and which has
a storage capacity of 5,000 or more cubic metres for such toxic or
flammable liquid.
6. Any factory engaged in the manufacturing of —
  (a) fluorine, chlorine, hydrogen fluoride or carbon monoxide; and
  (b) synthetic polymers.
7. Any factory engaged in the manufacturing of pharmaceutical
products or their intermediates.
8. Any factory engaged in the manufacturing of semiconductor wafers. WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
Page 8 of 9
THIRD SCHEDULE
Regulation 9
WORKPLACES TO APPOINT WORKPLACE SAFETY
AND HEALTH AUDITORS
Classes or description of workplaces  Frequency of audit
1. Any worksite with a contract sum of
$30 million or more
 At least once every
6 months
2. Any shipyard in which 200 or more
persons are employed
 At least once every
12 months
3. Any factory engaged in the
manufacturing of fabricated metal
products, machinery or equipment and in
which 100 or more persons are
employed
 At least once every
12 months
4. Any factory engaged in the processing or
manufacturing of petroleum, petroleum
products, petrochemicals or
petrochemical products
 At least once every
24 months
5. Any premises where the bulk storage of
toxic or flammable liquid is carried on by
way of trade or for the purpose of gain
and which has a storage capacity of
5,000 or more cubic metres for such
toxic or flammable liquid
 At least once every
24 months
6. Any factory engaged in the
manufacturing of —
  (a) fluorine, chlorine, hydrogen fluoride
or carbon monoxide; or
  (b) synthetic polymers
 At least once every
24 months
7. Any factory engaged in the
manufacturing of pharmaceutical
products or their intermediates
 At least once every
24 months
8. Any factory engaged in the
manufacturing of semiconductor wafers
 At least once every
24 months. WORKPLACE SAFETY AND HEALTH (SAFETY AND HEALTH MANAGEMENT SYSTEM AND AUDITING)
REGULATIONS 2009
Page 9 of 9
FOURTH SCHEDULE
Regulation 10
WORKPLACES TO CONDUCT INTERNAL REVIEW OF
SAFETY AND HEALTH MANAGEMENT SYSTEM
 
Classes or description of workplaces
 Frequency of
internal review
1. Any worksite with a contract sum of less
than $30 million
 At least once every
6 months
2. Any shipyard in which less than 200
persons are employed
 At least once every
12 months.

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