Workplace Safety and Health (Incident Reporting) Regulations

Under the Workplace Safety and Health (Incident Reporting) Regulations, an employer and/or occupiers, are required to report work-related accidents, workplace accidents, dangerous occurrences and occupational diseases to the Ministry of Manpower (MOM) within 10 days of an accident or diagnosis, under the WSH (Incident Reporting) Regulations..

Below are relevant regulations culled from the WSH (Incident Reporting) Regulations. for ease of interpretation purposes.

PART II

NOTIFICATION AND REPORTING OF DEATHS AND DANGEROUS OCCURRENCES

Duty to notify and report accident leading to death

4.—(1)  Where any accident at a workplace occurs which leads to the death of any employee, the employer of that employee shall, as soon as is reasonably practicable, notify the Commissioner of the accident.

(2)  Where any accident at a workplace occurs which leads to the death of any person who is not at work or of any self-employed person, the occupier of the workplace shall, as soon as is reasonably practicable, notify the Commissioner of the accident.

(3)  The employer or occupier, as the case may be, shall thereafter, but not later than 10 days after the accident, submit a report to the Commissioner.

Duty to notify and report dangerous occurrence

5.—(1) Where any dangerous occurrence occurs at a workplace, the occupier of the workplace shall, as soon as is reasonably practicable, notify the Commissioner of the occurrence.

(2)  The occupier shall thereafter, but not later than 10 days after the occurrence, submit a report to the Commissioner.

PART III

REPORTING OF INJURIES AND OCCUPATIONAL DISEASES

Duty to report accident leading to injury

6.—(1)  Subject to paragraph (1A), where —

(a)an employee meets with an accident at a workplace on or after 1 September 2020; and

(b)the employee is certified by a registered medical practitioner or registered dentist to be unfit for work, or to require hospitalisation or to be placed on light duties, on account of the accident,

the employer of that employee must submit a report to the Commissioner of the accident within 10 days after the date the employer first has notice of the accident.

[S 735/2020 wef 01/09/2020]

(1A)  Paragraph (1) does not apply if, before the expiry of the period specified in paragraph (1) —

(a)the employer has notified the Commissioner of the accident under regulation 4(1); and

(b)a report of the accident (containing information that the accident has led to the death of the employee) has been submitted to the Commissioner under regulation 4(3).

[S 735/2020 wef 01/09/2020]

(2)  Where an employee meets with an accident at a workplace which is reported under paragraph (1), and subsequently dies as a result of the injury, the employer of that employee shall, as soon as is reasonably practicable, notify the Commissioner of the death.

(3)  Where any person who is not at work or any self-employed person meets with an accident at a workplace which requires him to be taken to a hospital for treatment in respect of that injury, the occupier of the workplace shall, as soon as is reasonably practicable, notify the Commissioner of the accident.

(4)  For the purposes of this regulation, an employer has notice of an accident when either of the following events occurs:

(a)the employee informs any of the following persons of the date and place of the accident and the cause of the injury:

(i)the employer;

(ii)the foreman or any other person under whose supervision the employee was employed at the time of the accident;

(iii)any person designated by the employer pursuant to section 35(2)(a)(iii) of the Work Injury Compensation Act 2019 (Act 27 of 2019);

(b) the employer has knowledge of the accident by any other means.

[S 735/2020 wef 01/09/2020]

Duty to report occupational disease

7.—(1) Where an employee contracts an occupational disease specified in the Second Schedule to the Act at a workplace, the employer of that employee must submit a report to the Commissioner within 10 days after the date the employer first has notice that the employee is suffering from the occupational disease.

(2) For the purposes of paragraph (1), the employer has notice that the employee is suffering from an occupational disease when the employer has knowledge that a registered medical practitioner or registered dentist has certified that, in the opinion of the registered medical practitioner or registered dentist, the employee is suffering from the occupational disease.

(3)A registered medical practitioner or registered dentist (P) who certifies that an employee, in P’s opinion, has contracted an occupational disease specified in the Second Schedule to the Act must, within 10 days after the date P so certifies the employee, submit a report to the Commissioner.

MISCELLANEOUS

Duty to keep records

8.—(1)  Every employer and every occupier of a workplace shall keep a record of every notification or report made by him under these Regulations.

(2) The employer or occupier, as the case may be, shall keep every record made by him for a period of 3 years from the time of the notification or report, as the case may be.

(3) The employer or occupier, as the case may be, shall furnish the Commissioner with such extracts of his records as the Commissioner may from time to time require

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