Safety & Risk Management

Safety & Risk Management

(B) Construction Safety Law

http://www.mom.gov.sg/legislation/ occupational-safetyhealth/pages/default.aspx

ACTS Work Injury Compensation Act (WICA) Workplace Safety and Health Act (WSHA)

# WSHA Subsidiary Legislations 1 WSH (WSH Officers) Regulations 2 WSH (General Provisions) Regulations 3 WSH (Construction) Regulations 4 WSH (First Aid) Regulations 5 WSH (Incident Reporting) Regulations 6 WSH (Risk Management) Regulations 7 WSH (Registration of Factories) Regulations 8 WSH (WSH Committees) Regulations 9 WSH (Explosive Powered Tools) Regulations

WSHA # Subsidiary Legislations 10 WSH (Confined Spaces) Regulations 11 WSH (SHMS & Auditing) Regulations 12 WSH (Noise) Regulations 13 WSH (Medical Examinations) Regulations 14 WSH (Operation of Cranes) Regulations 15 WSH (Scaffold) Regulations 16 WSH (Work At Heights) Regulations 17 18 WSH (Asbestos) Regulations Factories (Safety Training Courses) Regulations

# 18 (a) (b) (c) (d) (e) (f) (g) WSHA Approved Codes of Practice (Section 40B(3) of WSHA by WSH Council) WSH (Approved Codes of Practice) Notification A total of 66 ACOP COP for Working Safely at Height COP on WSH Risk Management COP on Safe Lifting Operations in the Workplaces COP for Safety in Welding and Cutting COP for the Safe Use of Mobile Cranes COP for Confined Spaces COP for Safety Management System for Construction Worksites

WSH ACT

WORKPLACE SAFETY AND HEALTH ACT Duties or Liabilities A person may at any one time be 2 or more of the following: (i) an employer; (ii) a contractor; (iii) a subcontractor; (iv) a principal; (v) a self-employed person; (vi) an occupier of a workplace; (vii) a designer, manufacturer or supplier of any machinery, equipment or hazardous substance for use at work; (viii) an erector, installer or a modifier of machinery or equipment for use at work; (ix) an owner, a hirer or lessee of machinery moved by mechanical power or a person who maintains such machinery for use at work,

WORKPLACE SAFETY AND HEALTH ACT Duties of occupier of workplace Take such measures to ensure that the workplace is safe and without risks to health to every person within those premises

WORKPLACE SAFETY AND HEALTH ACT Duties of employers Every employer shall take measures necessary to ensure the safety and health of persons at work

DISMISS EMPLOYEES Cannot dismiss or threaten to dismiss employee because he has assisted inspector in conduct of investigation under WSH Act made a report to inspector about safety and health matter perform his duties in good faith as member of a workplace safety & health committee Offence: max $5,000 or max 6 months imprisonment or both

The PRINCIPAL

WORKPLACE SAFETY AND HEALTH ACT Duties of principal Every principal shall ensure the safety and health of persons (other than the persons at work) who may be affected by any undertaking carried out by him in the workplace Every principal shall give the prescribed information to persons whose safety and health may be affected by any undertaking carried out by him in the workplace

ADDITIONAL DUTIES Every principal has to take, so far as is reasonably practicable, such measures as are necessary to ensure that any contractor engaged by the principal (a) has the necessary expertise to carry out the work for which the contractor is engaged by the principal to do; and (b) has taken adequate safety and health measures in respect of any machinery, equipment, plant, article or process used, or to be used, by the contractor or any employee employed by the contractor.

NECESSARY EXPERTISE? Every principal has to ascertain that the contractor engaged by him and any employee of the contractor (a) have sufficient experience and training to carry out the work for which the contractor is engaged by the principal to do; and (b) have obtained any necessary licence, permit, certificate or any other document in order to carry out the work for which the contractor is engaged by the principal to do.

Adequate Safety & Health Measures? Every principal shall ascertain that the contractor engaged by him (a) has conducted a risk assessment in relation to the safety and health risks posed to any person who may be affected by the work for which the contractor is engaged by the principal to do; and (b) has informed any person who may be affected by the work for which the contractor is engaged by the principal to do of the nature of the risk involved in the work and any measure or safe work procedure which is implemented at the workplace.

A Term in the Contract Good Enough? It shall not be a defence for the principal to prove that he has taken, so far as is reasonably practicable, such measures as are necessary to ensure compliance with this section solely by providing directly or indirectly, by a term in a contract with his contractor, that the contractor has complied with or will comply with the abovesaid requirements.

Persons At Work

WORKPLACE SAFETY AND HEALTH ACT Duties of persons at work Every persons at work shall: Use such protective equipment, etc as provided Co-operate with his employer or principal and any other person to comply with the provisions of this Act Not interfere with or misuse any appliance, protective clothing, equipment, etc Penalty Not exceeding $1000 (First offence) Not exceeding $2000 (Second or subsequent)

WORKPLACE SAFETY AND HEALTH ACT Duties of persons at work Any person at work who, without reasonable cause, wilfully or recklessly does any act which endangers the safety or health of himself or others shall be guilty of an offence Penalty Fine $200,000.00 or jail 2 years or both Duties of persons at work Any person at work who, without reasonable cause, does any negligent act which endangers the safety or health of himself or others shall be guilty of an offence Penalty Fine $30,000.00 or jail 2 years or both

Persons At Work are responsible for the safety and health of himself and others Requirements First Offence (max penalty) Second Offence (max penalty) PAW to use protective equipment provided PAW to co-operate operate with his employer to comply with the provision of the Act No PAW shall willfully or recklessly interfere with or misuse any protective equipment provided Any PAW who, without reasonable cause, willfully or recklessly does any act which endangers the safety or health of himself or other be guilty of an offence Any PAW who, without reasonable cause, does any negligent act which endangers the safety or health of himself or other be guilty of an offence $1000 $2000 $1000 $2000 $1000 $2000 $200,000 and/or 24 months imprisonment $30,000 and/or 24 months imprisonment

Onus of Proof

Onus of proving what is reasonably practicable [WSHA Sect.47] Where in any proceedings for an offence under any provision in this Act, it is alleged that any person failed to comply with a duty to do something so far as is reasonably practicable, it shall be for the accused to prove that (a) the offence was not reasonably practicable to do more than what was in fact done to satisfy that duty; or (b) there was no other better practicable means than was in fact used to satisfy that duty.

Offences by bodies corporate, etc [WSHA Sect.48] (1) Where an offence under this Act has been committed by a body corporate, an officer of the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that (a) the offence was committed without his consent or connivance; and (b) he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances

Who is defined as body corporate? [WSHA Sect.48] (5) In this section body corporate includes a limited liability partnership; officer - (a) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and (b) in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;

PENALTY

Higher Penalties for Poor Safety Management The Penalty Regime Contravention Individuals (max penalty) Corporations (max penalty) Any breach of duty under the Act $200,000 and/or 24 months imprisonment $500,000 Repeat Offenders (Fatal Cases) Double the fine. Double the fine.

Class Assignment III In Groups of size 4-6 members / 30 mins Choose one of the follow position: a) With LAW, construction sites are safer b) Without LAW, construction sites are safer Branstorm and State as many reasons as possible for your choice Select a member to record Select a member to present (<5 mins)

WSH (WSH Officers) Regs Occupier to appoint a WSH Officer (registered with Ministry of Manpower) for a project with contract value of $10 million or above.

WSH (Construction) Regs Occupier to appoint a WSH Coordinator (who has successfully completed a suitable training) for a project with contract value of less than $10 million. Regular Site Coordination Meetings to discuss WSH matters

WSH (Construction) Regs Permit To Work System High risk construction works: (a) demolition work; (b) excavation and trenching work in a tunnel or hole in the ground exceeding 1.5 metres depth; (c) lifting operations involving tower, mobile or crawler crane; (d) piling work; (e) tunnelling work

WSH (Construction) Regs Permit To Work System Process: (a) Application Supervisor of the works (b) Assessment Safety Assessor (either a WSH Officer or a Competent Person) (c) Issue Project Manager (d) Posting Supervisor (e) Monitor Project Manager / Supervisor

WSH (Construction) Regs Personal Protective Equipment (PPE): Employer / Principal To provide and maintain appropriate PPE (a) eye protection; (b) fall protection; (c) foot protection; (d) hand protection (e) head protection; (f) hearing protection; and (g) respiratory protection.

WSH (Construction) Regs Electrical Safety: Employer / Principal No electric wiring or cable shall be left or laid on the ground or the floor of a worksite, unless it is: (a) of the weather-proof type; (b) provided with adequate protection to withstand the wear and tear to which it may be subjected; and (c) maintained in good and safe working order.

WSH (Construction) Regs Excavation: Occupier: Safe access to and egress from Excavated materials away from the excavation edge Shoring for depth > 1.5 metres Adequate guard-rails for depth > 2 metres Warning notices

WSH (Construction) Regs Inspections: Cantilevered or material platform Designated person, at least once every 7 days (Occupier) Formwork structure Appointed Formwork Supervisor (Employer / Principal / Occupier) Excavation after rainstorm Designated person (Occupier) Piling works Designated person. Before starting (Employer / Principal) Employees lift Designated person as lift car attendant (Occupier)

WSH (Construction) Regs Professional Engineers Design: Occupier: Debris Chutes > 12 metres Formwork structure > 9 metres Shoring of Excavation > 4 metres Piling supports

WSH (Incident Reporting) Regs. Reportable: 1. Accidents causing > 3 Days medical leave 2. Accidents causing at least 24 hours observation in hospital 3. Accidents causing death(s) 4. Dangerous Occurrences (1 st Schedule - 9) 5. Occupational Diseases (2 nd Schedule - 35)

WSH (Incident Reporting) Regs. Reported via i-reporting in MOM website Within 10 days Duty holders to report: Employers Occupiers D.O. / Accidents happened to members of public or self-employed

WSH (Risk Management) Regs Employers / Self-employed / Principals To conduct Risk Assessment (RA) To develop Safe Work Procedures (SWP) Records: At least 3 years Review: At least once every 3 years, and after every incident and change in work processes

WSH (Risk Management) Regs Risk Assessment 1. Identify - HAZARDS 2. Evaluate LIKELIHOOD + SEVERITY 3. Control HIERARCHY OF CONTROL i. Elimination ii. Substitution iii. Engineering iv. Administrative v. Personal Protective Equipment (PPE)

WSH (Registration of Factories) Regs. Not Applicable: Projects < 2 months (except excavation or piling works) Part II of 1 st Schedule Construction Projects to be registered as factories One time Factory Registration Scheme Declare that Risk Management has been conducted at time of registration Conduct Safety and Health Management System Audit within two months from the commencment of operations

WSH (WSH Committees) Regs. Establish: 50 or more employed persons Composition: Rep. of Persons at Work > Rep. of Management Meetings: At least once a month Inspections: At least once a month and after every accident / dangerous occurrence Assist in organizing promotional activities Issue safety and health guidelines

WSH (Confined Spaces) Regs Responsible Person (Employer / Principal) Lighting Ventilation Appoint an Authorized Manager Appoint a Confined Space Safety Assessor Appoint a Confined Space Attendant Appoint persons to carry out rescue work Establish rescue plan Issue a Confined Space Entry Permit Periodic testing of atmosphere Ensure supervisors and workers receive adequate training Ensure persons entering to display names and identification badge Occupier Evaluation Post warning sign / notice at the entrance

WSH (Confined Spaces) Regs Confined Space Entry Permit 1. Application Works Supervisor 2. Evaluation Confined Space Safety Assessor 3. Issue Authorized Manager 4. Posting Works Supervisor 5. Monitoring Responsible Person / Authorized Manager

WSH (Scaffold) Regs Approved Scaffold Contractors (MOM), except tower scaffolds, trestle scaffolds, and scaffolds < 4 metres in height (not suspended, hanging, cantilever) Responsible Person Appoint Scaffold Supervisor + Immediate Supervision PE Design: (a) Work platform > 2 pax/bay (b) Metal Scaffold > 4 pax in any bay Work platform at least 500mmW Work platform liable to fall > 2m: Toe boards (90mm) + at least 2 guard rails (upper 1m); and Vertical gaps not exceed 600mm Overlaying or screening nets (except tower scaffold) Suspended scaffold (Gondola): (a) Operator at least 18 years old (b) Safety harness with shock absorbing device + independent life line as anchorage (c) Display a notice on Safe Working Load + Max. no. of persons + Reminder on using safety harness properly at all times Tower scaffold: (a) Height not > 8 times the lesser base (b) Height > 3 times the lesser base, with effective tie (c) No movement when persons on the scaffold

WSH (Scaffold) Regs Occupier Weekly Scaffold Inspection + Inspection after inclement weather: by Scaffold Supervisor (except trestle scaffold / scaffold with < 2m falling distance) Duration of use for timber scaffolds: 9 months Scaffold Supervisor To display a notice or label (safe for use) at every designated access point, clearly understood by persons employed

WSH (Operation of Cranes) Regs Approved Crane Contractors (MOM) Lifting Team: Registered Crane Operator Appointed Lifting Supervisor Appointed and attired Rigger / Signalman Lifting Plan

WSH (SHMS & Auditing) Regs Occupier A Worksite: To implement Safety and Health Management System (2 nd Schedule) A Worksite with contract sum of $30 million or more: To appoint a WSH Auditor to conduct audits once every 6 months (3 rd Schedule) A Worksite with contract sum of less than $30 million: To conduct internal review once every 6 months (4 th Schedule)

WSH (Working At Heights) Regs Occupier (Schedule, e.g. any worksite): Fall Prevention Plan Responsible Person (Employer / Principal): Persons working at height to receive adequate training. WAH under immediate supervision of a competent person. Permit To Work System (> 3 metres fall) Occupier (Factory) To appoint an Authorized Manager and a Work-at- Height Safety Assessor Process: Application (Supervisor) Evaluation (WAH Safety Assessor) Issue (Authorized Manager) Posting (Supervisor) Monitoring (Authorized Manager + Supervisor)

WSH (Work At Heights) Regs Falling Hazards: Occupier Liable to fall more than 2 metres Covered or guarded by effective means May be removed where free access is required for work actually in progress. Shall be reinstated or replaced immediately when access of persons or movement of materials is not taking place at the open sides or openings

WSH (Work At Heights) Regs Ladders: Responsible Person (Employer / Principal) i. Stable ii. Level and firm iii. Sufficient strength iv. Securely fixed or firmly held by a person

WSH (Design for Safety) Regs 1 Aug 2016

APPLICATION Any construction work of a contract sum of S$10 million or more Not apply to those projects which the developer has appointed a designer before 1 Aug 2016

DUTY HOLDERS Developers Contractors Designers

OFFENCES A fine not exceeding S$20,000 or to imprisonment for a term not exceeding 12 months or to both

(B) Construction Safety Law END