Key Reforms Of WSH Act

What are the key changes of this new Act?

The following are the key changes introduced in the Workplace Safety and Health Act.
• It specifies liabilities for a range of persons at the workplace instead of focusing on the occupier.
• It focuses on effective management of workplace safety and health to achieve a safe outcome instead of prescribing rules.
• It stipulates greater penalties for compromising safety and health.

When does this Act take effect?
This Act replaces the Factories Act with effect from 1 March 2006.

Refer to Singapore Statues Online for the latest update

WSH New Framework

What is the new framework for occupational safety and health?

In March 2005, the Government announced key reforms to improve Singapore’s occupational safety and health (OSH) standards. These reforms are based on the premise that accidents can only be prevented if all involved in the workplace take personal responsibility for achieving higher safety standards.

Thus, a new framework was developed aimed at reducing deaths at workplaces by a third in five years, and by half
Introduction  within a decade or sooner (from 4.9 fatalities per 100,000 workers in 2004 to 2.5 by 2015).

The 3 principles of the new framework are.
• Reducing risk at source by requiring all stakeholders to eliminate or minimise the risks they create at the workplace;
• Instilling greater industry ownership of OSH standards. The focus will be shifted from complying with prescriptive requirements to making employers responsible for developing safe work procedures suited to their particular situations in order to achieve desired safety outcomes;
• Preventing accidents through higher penalties for poor safety and health management.

Factories Act Subsidiary Legislation

Even though the Factories Act had been repealed, under section 66(14) of the WSH Act, "Any subsidiary legislation made under the repealed Act and in force immediately before the appointed day shall, so far as it is not inconsistent with the provisions of this Act, continue in force in factories as if made under this Act until it is revoked or repealed. " The following Factories subsidiary legislation will be reviewed and promulgated as new Workplace Safety and Health subsidiary legislation.

Refer to Singapore Statues Online for the latest update

Workplace Safety & Health Framework

The Workplace Safety & Health framework

The three guiding principles that underpin the new Workplace Safety & Health framework are:

1. Reducing risks at source by requiring all stakeholders to eliminate or minimise the risks they create;
2. Instilling greater ownership of safety and health outcomes by industry; and
3. Preventing accidents through higher penalties for poor safety management

About the Workplace Safety & Health Act

The Workplace Safety and Health Act is an essential part of the Workplace Safety and Health framework. The Act has four key features:  

1. It places the responsibility for workplace safety on all stakeholders along lines of control at the workplace
2. It focuses on Workplace Safety & Health systems and outcomes, rather than merely on compliance
3. It facilitates effective enforcement through the issuance of remedial orders
4. To prevent accidents at the source, it issues higher penalties for non-compliance and risky behaviour.

Refer to Singapore Statues Online for the latest update

Workplace Safety and Health Act And You

Responsibilities of stakeholders

The Workplace Safety & Health Act defines the responsibilities for the following stakeholder groups:

If you are an employer or principal

You must, as far as reasonably practicable, protect the safety and health of employees or workers working under your direct control, as well as all who may be affected by their work. Your responsibilities include:

• conducting risk assessments to remove or control risks to workers at the workplace
• maintaining safe work facilities and arrangements for the workers at work
• ensuring safety in machinery, equipment, plant, articles, substances and work processes at the workplace;
• developing and implementing control measures for dealing with emergencies;
• providing workers with adequate instruction, information, training and supervision.

If you are an occupier

You must, as far as reasonably practicable, ensure that the workplace, all entrances to and exits from the workplace, and all machinery, equipment, plants, articles and substances within are safe and without risk to the health of any person within those premises, even if the person is not one of your employees.

As an occupier, you may also be responsible for the common areas used by your employees and contractors. Occupier of the common area is responsible for the following:

• electric generators and motors located in the common area
• hoists and lifts, lifting gear, lifting appliances and lifting machines located in the common area
• means of entry into or exit from the common area
• any machinery or plant located in the common area

If you are a manufacturer or supplier

You must ensure that any machinery, equipment or substances you provide is safe for use. You are required to:

• provide proper information on the safe use of the machinery, equipment or hazardous substance
• ensure that the machinery, equipment or hazardous substance is safe for use
• ensure that the machinery, equipment or hazardous substance has been tested and examined so that it is safe for use

If you are an installer or erector of machinery

You must ensure, as far as reasonably practicable, that all machinery and equipment erected, installed or modified is safe and without health risks when properly used.

If you are an employee

• You must follow the safe working procedures and principles introduced at the workplace.
• You must not engage in any unsafe act that may endanger yourself or others working around you.
• You must use, in proper manner, any personal protective equipment, devices, equipments or other means provided to secure your safety, health and welfare while working. You must not tamper or misuse such items provided.

If you are self-employed

Even though you are self-employed, you are still required to take measures, as far as reasonably practicable, to ensure the safety and health of others, such as members of the public.

Refer to Singapore Statues Online for the latest update

Workplaces Covered by the WSH Act

Workplaces covered by the Act

The Workplace Safety & Health Act covers all factories and workplaces of various risk levels and industries.

A factory is any premise which any of the following is carried out:

• the making of any article or part of any article;
• the altering, repairing, ornamenting, finishing, cleaning or washing of any article;
• the breaking up or demolition of any article;
• the adapting for sale of any article.

Specifically, the following premise types are considered factories:

Heavy Industries

1. Any yard, including any dock, wharf, jetty, quay and the area within its boundaries, where the construction,reconstruction, repair, refitting, finishing or breaking up of ships is carried out. This includes the waters next to any such yard where similar shipbuilding activities are carried out by the occupier of that yard or by others on his behalf.
2. Any premises where the construction, reconstruction or repair of locomotives, aircraft, vehicles or other plant used for transport is carried on as a part of a transport undertaking or other industrial or commercial undertaking. These premises are not used for the purpose of housing locomotives, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out.
3. Any premises where building operations or any work of engineering construction are carried on.

Light Industries

1. Any premises in which the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried out.
2. Any premises where the making, adaptation or repair of dresses, scenery or props is carried on as part of the production of films, tapes or discs for public broadcaster screening or to the presentation of theatrical performances for trade or gain. These premises are not a stage or dressing-room of a theater in which only occasional adaptations or repairs are made.
3. Any premises where the business of making or mending nets is carried on as part of the fishing industry.
4. Any premises where the production of cinematographic films is carried on for trade or gain. These premises are not a stage or a dressing-room of any actor connected with the production of any cinematographic film.
5. Any premises where the printing by letter press, offset, lithography, photogravure, rotogravure, or other similar process, or the binding of such printed materials is carried on for trade or gain or as part of another business.
6. Any premises where mechanical power is used in connection with the making or repair of any article incidentally to any business carried on by way of trade or for purpose of gain. 

Ancillary Industries

1. Any premises where the sorting of articles is carried on before the actual work is carried out in any other factory whether that other factory is situated within or outside Singapore
2. Any premises where the washing or filling of bottles or containers or packing of articles is carried on in connection with the work of any other factory, whether that other factory is situated within or outside Singapore
3. Any laundry as a part of another business or in connection with any public institution
4. Any premises where articles are made or prepared as part of any building operations or any works of engineering construction
5. Any premises where mechanical power is used in connection with the sorting, packing, handling or storing of articles carried on for trade or gain or as part of another business.

Storage facilities

1. Any premises which are used for the storage of gas, including liquefied gas, in a container having a storage capacity of not less than 140 cubic metres.
2. Any premises which are used for the bulk storage of toxic or flammable liquid in a container (excluding liquefied gas), that is not an underground container and that has a storage capacity of not less than 5,000 cubic metres.

Utilities

1. Any premises where work is carried out for or in connection with generating electrical energy for supply for trade or gain
2. Any premises where mechanical power is used for supplying water or in connection with a water supply
3. Any sewage works where mechanical power is used and any pumping station used in connection with these works

Other workplaces subject to Workplace Safety & Health Act include:

1. Any premises within an airport where any checking, inspecting, cleaning, loading, unloading or refueling of an aircraft is carried out by persons other than the crew of aircraft.
2. Any ship in a harbour where any of the following is carried out:
   
   
   • scaling, scurfing, or cleaning of boilers, including combustion chambers or smoke boxes, in the ship;
   • cleaning of any tanks, bilges or holds in the ship;
   • construction, reconstruction, repair, fitting, furnishing or breaking up.
3. Any dock, wharf or quay where loading, unloading or bunkering of a ship is carried out by persons other than the crew of the ship.
4. Any premises delineated as a railway area under the Rapid Transit Systems Act (Cap. 263A) and where any inspection, testing or maintenance of any railway is carried out.
5. Any premises, other than domestic premises, in which a steam boiler, steam receiver or air receiver is used.
6. Any laboratory or other premises where the testing, examination or analysis of any article is carried out.
7. Any ship where any survey or inspection of the ship or its contents is carried out by any person other than by the crew of the ship.
8. Any tunnel, bridge or viaduct where any survey or inspection of the tunnel, bridge or viaduct is carried out.
9. Any hotel, lodging house, dormitory, service apartment, chalet, camping site or other premises where the provision of short-stay accommodation is carried out by way of trade or for purposes of gain.
10. Any restaurant, bar, canteen or other premises where food or drinks are sold or catered for consumption within those premises or elsewhere.
11. Any hospital, hospice, nursing home or medical or dental clinic or other premises providing nursing and rehabilitation services.
12. Any veterinary centre providing any of the following services:
    
     (a) diagnosis of disease in, and injuries to, animals or birds, including
          tests performed for diagnostic purposes;
    
     (b) the treatment, vaccination or innoculation of animals or birds.
13. Any premises where landscaping or garden maintenance is carried out.
14. Any premises where the collection, purification or distribution of water is carried out.
15. Any premises where the disposal or treatment of sewage or refuse is carried out.
16. Any premises where the recycling of metal or non-metal waste or scrap is carried out.
17. Any premises where:
    
     (a) freight forwarding, packing or crating services;
    
     (b) cargo surveying services;
    
     (c) container services; or
    
     (d) crane services
    
    are carried out by way of trade or for purposes of gain or incidentally to another business so carried out.

Refer to Singapore Statues Online for the latest update

Workplace Safety and Health Act

The Workplace Safety and Health Act (WSHA) is an essential part of the new framework to cultivate good safety habits in all individuals so as to engender a strong safety culture in our workplace. It emphasised the importance of managing workplace safety and health proactively by requiring stakeholders to take reasonably practicable measures to ensure the safety and health of workers and other people that are affected by the work being carried out.

The Workplace Safety and Health Act had come into effect on 1 March 2006

Refer to Singapore Statues Online for the latest update