25 June 2024

On 27 May 2024, the Ministry for Manpower (“MOM”) issued a press release about the implementation of two workplace safety and health (“WSH”) measures from 1 June 2024, namely: (i) increase in maximum fines for safety breaches under the Workplace Safety and Health Act 2006 subsidiary legislation (“WSH Regulations”), and (ii) the mandatory installation of video surveillance system (“VSS”) at construction sites with a contract sum of S$5 million and above.

Increase in maximum fines for safety breaches

MOM has increased the maximum fines from S$20,000 to S$50,000 for breaches of the WSH Regulations that could result in serious harm, i.e. death, serious bodily injury, or dangerous occurrence. The maximum fines are reviewed based on principles such as severity of the offence, i.e. whether it was a major cause or contributing factor of serious harm.

MOM has reviewed 21 WSH Regulations based on the principles set out below to determine the proposed maximum penalties for the first conviction.

Maximum fine for first conviction

Principle(s)

S$50,000

Offences which are a major cause of serious harm, i.e. death, serious bodily injury, or dangerous occurrence (“DO”). These include failure to:

  • ensure primary and direct measures, systems, and plans to ensure workers’ safety and health are in place (e.g. protective structures to prevent falls, and a safety and health management system (“SHMS”))
  • conduct risk assessment (“RA”)
  • appoint competent personnel to perform critical duties and for these personnel to perform their duties (e.g. professional engineer, scaffold supervisor, crane operator)
  • ensure employees are adequately trained
    (e.g. any person carrying out manual work in the worksite)
  • provide suitable personal protective equipment (“PPE”) (e.g. safety harness) or facilities or personnel to ensure safety and prevent an incident from escalating and resulting in serious harm (e.g. fire-fighting facilities)
  • inspect, maintain or repair equipment (e.g. crane, scaffold), where such inspections or maintenance are critical to detect or prevent failures or defects that can cause serious harm
  • provide warning notice of hazards which has the potential to cause or result in serious harm (e.g. warning notices on unsafe scaffolds and labels on electrical power circuit)

S$20,000

Offences which are not a major cause, but contribute to serious harm. These include failure to:

  • ensure supporting measures are in place (e.g. review of SHMS, making available documents such as SHMS that need to be referenced when performing work, ensuring workers are fit for employment, conducting noise monitoring, conducting asbestos-removal plan)
  • keep record of hazardous equipment, machinery, or process (e.g. lifting gears, inspections of the formwork structure)
  • appoint WSH personnel or WSH committee
    (e.g. WSH officer, vessel safety coordination committee, site coordination meetings, design for safety, review meetings)
  • provide emergency response (e.g. provision of first aiders and first aid boxes)

S$10,000 and below

Less serious offences that are procedural or administrative in nature. These include failure to:

  • ensure completion of training programmes
  • notify authorities after an accident or DO
  • fulfil duties for WSH personnel, WSH committee, or person at work
  • appointment of WSH committee secretary
  • keep records of completed WSH tasks (e.g. RA)
  • report defects by persons at work, and obstruction of duties (e.g. not allowing designated workplace doctor or WSH auditor to inspect workplace)
  • failure to hold valid certificate for factory registration or update changes, or keep records which are not required to be referenced when performing work
  • failure to make documents available during inspection
  • failure to use, or misuse PPE provided
  • failure to cooperate with employer or principal

Source: MOM website

Mandatory installation of VSS

All construction sites with a contract sum of S$5 million and above will be required to install a VSS at worksite locations where high-risk work activities are conducted. A VSS is a network of cameras, monitors/display units and recorders for surveillance, identification of WSH risks, and facilitation of incident investigation and corrective actions. By enabling remote monitoring and video capture, the VSS acts as a deterrent for unsafe workplace behaviours, provides valuable training resources for companies, and offers insights for investigations of safety incidents and near-misses. This will help promote a culture of incident prevention in workplaces.

Reference materials

The press release is available on the MOM website www.mom.gov.sg.

To support the implementation of these changes, the following regulations come into operation on 1 June 2024. They are available from Singapore Statutes Online sso.agc.gov.sg: