It is not uncommon to read about fatal accidents in the news. Readers may be quick to pass judgment on the employers. Some may feel angry that such accidents have happened. Prudent employers and safety officers would likely realise that unless steps are taken, the next fatal accident may occur under their charge.
Before you dismiss this as improbable, you may wish to consider that ALL workplaces are covered under the Workplace Safety and Health Act (WSHA). Under the WSHA, there are both civil and criminal liabilities should you breach any of the statutory duties. Can you afford being in breach of your statutory duties? Here are 5 shocking facts about the WSHA that you ought to be aware of.
1. Think the Workplace is restricted to construction worksites? Think again.
While many of the stories in the news involve construction sites and factories, the workplace, as the name suggests, is not restricted to such places. Under section 5 of the WSHA, “workplace means any premises where a person is at work or is to work, for the time being works, or customarily works, and includes a factory”. This means that just as long someone carries out work in a premises, those premises is a workplace.
Office? Workplace. Food Court? Workplace. Void deck? Sometimes a workplace, e.g. during setting up works for Weddings and Funeral Wakes. How does this affect you? Stakeholders have duties under the WSHA to ensure that there is no risk, as far as reasonably practicable, to those working and to those who may be affected by work.
2. Almost everyone has duties under the WSHA
If you have control over the premises where work is to be carried out, you may be an Occupier. There are broad occupier duties to keep the premises safe, including the work environment, access and egress, and ensuring that equipment on the premises is safe.
Employers, and contractors also have a wide range of duties under the WSHA, including ensuring that employees and sub-contractors (who are working under the direction of the contractors) have adequate instruction and supervision to carry out the work, that there is an emergency response plan, that persons are not exposed to hazards arising from how you arrange equipment (and more).
Self-employed persons and employees have personal duties not to perform any negligent acts while at work, and also to cooperate with other duty holders to enable them to comply with the WSHA.
3. There are hefty penalties to pay – including jail time – even if you are the director of a company
A breach of statutory duties can result in penalties against your company or you personally. How hefty? In the case of a person, you could face a fine of up to $200,000 or a jail term of up to 2 years or both. In the case of a company, a fine of up to $500,000 can be levied against you.
If an employee/contractor performs a reckless act (which does not have to result in death) and is convicted, he/she can be punished by a fine of $200,000 and/or jail time of up to 2 years.
Company directors have duties under the WSHA too, and their liabilities can stem from the Company’s breaches. This means that company directors are equally exposed to criminal liabilities, including jail terms.
4. Companies and Directors can both be charged and punished concurrently- even if the company is owned by the same shareholder/director.
A company, e.g. a private limited company, is a separate legal entity and can be sued under its own name. In Singapore, a company can be owned and run as a director by one person.
There is no restriction under the law that only the company or the director can be charged, i.e. both company and the director can be charged at the same time. If convicted, the penalties against the company is different from that levied against the company director.
5. You cannot just rely on the WSHA, but must be also familiar with the WSH regulations, codes of practice, Singapore Standards and other industry practices
The main Workplace Safety and Health Act itself has 66 sections. However, that is not the end of the story. As stakeholders are duty bound to take reasonably practicable measures to ensure safety, the WSH regulations, WSH Councils’ codes of practice, Singapore Standards and other industry standards that may or may not be written are all taken into account of whether a duty holder had fulfilled his/her/its statutory duties.
This means that every case (be it privately brought to claim damages, or criminal prosecution and defence) is technical and complex in nature. Just reading the main Act is not enough.
You can take pro-active action to reduce your legal risks and liabilities.
If you are a business owner, or safety officer, who is concerned about your legal liabilities under the Workplace Safety and Health Act, you will need legal counsel who has experience in this area. If you are facing a charge, or possibly facing a charge, under the Workplace Safety and Health Act, you will need an experienced hand who had prosecuted such cases in Court.
Please do not hesitate to contact me, Kui Bao, a former prosecutor with the Ministry of Manpower specialising in such cases, for a free initial legal consultation. You can also reach out if you require a legal primer for your company or your employees to understand deeper your duties under the Workplace Safety and Health Act.
Contact me at kuibao@inkwelllawcorp.com or drop me a text at 85001003.