WSH Act Charges Against Directors, Supervisors and Workers

Who can be charged personally after a workplace accident?

Several people, depending on their role. The Act places duties on employers, principals and persons at work, and makes company officers liable for the company’s offences. A sole proprietor can be the “employer” personally.

The main provisions of the Workplace Safety and Health Act 2006 (the “WSH Act”) are these:

Who	Provision	What it requires
Employer (which may be an individual, such as a sole proprietor)	Section 12	Take reasonably practicable measures for the safety and health of employees (s 12(1)) and others affected by the work (s 12(2)).
Principal engaging contractors	Sections 14 and 14A	Take reasonably practicable measures, including checking contractors’ expertise and safety measures (s 14A).
Any person at work, including workers and supervisors	Section 15	Use safety equipment, cooperate, and not endanger themselves or others.
Director, manager, secretary or similar officer	Section 48	Liable for an offence committed by the company, subject to a statutory defence.

Section 20 makes a breach of any of the general duties in Part 4 of the Act a criminal offence. Under section 10(c), a duty is not diminished because it is shared with someone else, so the company, a supervisor and a director can all face charges arising from the same incident.

What offences can a worker or supervisor face under section 15?

Section 15 creates three levels of offence, graded by state of mind. Supervisors are often charged after a serious accident with the negligent act offence in section 15(4), but reckless or wilful conduct is charged under section 15(3) and carries a higher maximum fine.

• Failing to use safety equipment or to cooperate, or interfering with or misusing safety equipment (s 15(1) and (2)). A fine of up to $1,000, or $2,000 for a second or subsequent conviction (s 15(5)).
• Negligent act endangering safety (s 15(4)). Doing, without reasonable cause, a negligent act that endangers yourself or others. A fine of up to $30,000, up to two years’ imprisonment, or both.
• Wilful or reckless act endangering safety (s 15(3)). Punished under the general penalty in section 50: a fine of up to $200,000, up to two years’ imprisonment, or both.

Take a hypothetical. A supervisor knows that the tilt alarm on a scissor lift has been switched off, but lets a worker use it to finish a job before the end of the shift. The lift tips over. He did not operate the lift, but allowing its use was his own act. He may be charged under section 15, and the company separately as employer.

When is a director or manager liable for the company’s offence?

Under section 48(1), where the company has committed an offence under the Act, an officer is guilty of the same offence unless the officer proves both of two things. The burden is on the officer, not the prosecution.

The officer must prove that (a) the offence was committed without his or her consent or connivance, and (b) he or she exercised all such diligence to prevent the offence as ought to have been exercised, having regard to the nature of his or her functions and all the circumstances. “Officer” is defined in section 48(5) to cover any director, partner, member of the committee of management, chief executive, manager, secretary or similar officer, and anyone purporting to act in that capacity.

In Public Prosecutor v Yeo Teck Soon [2025] SGHC 179, a three-judge High Court held that the officer’s role is relevant both to the standard of diligence expected and to the extent of the failure at sentencing (at [32]).

The defence turns on evidence: what safety systems existed, who was put in charge, and how known risks were followed up.

What penalties does an individual face compared with a company?

The maximum fine for an individual is lower, but only an individual can be imprisoned. Section 50 applies where no specific penalty is provided.

Penalty	Individual	Body corporate
General penalty (s 50)	Fine up to $200,000, imprisonment up to 2 years, or both	Fine up to $500,000
Continuing offence after conviction (s 50)	Up to $2,000 per day	Up to $5,000 per day
Repeat offence causing death (s 51)	Fine up to $400,000	Fine up to $1 million
Negligent act by person at work (s 15(4))	Fine up to $30,000, imprisonment up to 2 years, or both	Not applicable

For a fuller overview of the offences, see our guide to WSH Act offences and penalties.

How do the courts sentence individual WSH offenders?

The High Court uses a two-stage framework. Harm (actual and potential) and culpability, weighted equally, give an indicative starting point, which is then adjusted for personal factors such as a guilty plea or antecedents.

• Supervisors charged with negligence. In Mao Xuezhong v Public Prosecutor [2020] SGHC 99, a three-judge court set out a harm and culpability matrix for the negligent act offence (now section 15(4), then numbered s 15(3A)) for a first offender who claims trial (at [63] to [64]). Where both harm and culpability are high, the range is more than 12 and up to 24 months’ imprisonment (at [71]). The supervisor’s sentence was increased from 24 weeks to 12 months (at [74] to [75]).
• Individual employers and principals. In Koh Lian Kok v Public Prosecutor [2024] SGHC 132, concerning an individual employer charged under section 12(2), the court adopted sentencing ranges for natural persons, from fines of up to $75,000 for low harm and low culpability to more than 12 and up to 24 months’ imprisonment for high harm and high culpability (at [63] and [79]). On the offender’s own appeal, his four-month sentence was enhanced to 14 months (at [109] and [114]).
• Company officers. Yeo Teck Soon held that the Koh Lian Kok benchmarks apply to officers charged under section 48 (at [21]). Harm follows the company’s offence, but the officer’s culpability is assessed independently, by reference to his role, his participation in the breach, the duration of the offending, and any motive of cost-saving (at [56]). The prosecution’s appeal was dismissed and the director’s $150,000 fine stood.

These are frameworks, not tariffs. Each sentence depends on its facts, and an appeal can result in a higher sentence.

What will MOM do after the accident?

MOM inspectors investigate serious accidents. Part 9 of the WSH Act lets them enter the workplace, take photographs, samples and records, and require people to attend and give statements.

Under section 43, an inspector may examine anyone acquainted with the facts and record a written statement. You are bound to state the facts truly, but you may decline to make a statement that would tend to expose you to a criminal charge, penalty or forfeiture (s 43(2)). The statement must be read back to you and signed after any correction (s 43(3)). The employer or occupier must also report the accident to MOM, generally within 10 days (see MOM’s reporting page).

See also MOM workplace safety investigations: what to expect and your rights in a MOM investigation.

How does a Coroner’s inquiry fit with a WSH prosecution?

Where a worker dies, the Coroner may hold an inquiry, but it does not decide guilt. Section 27(2) of the Coroners Act 2010 forbids the Coroner from framing findings that determine any criminal, civil or disciplinary liability.

If anyone is charged under Part 4 of the WSH Act for an act that caused or could have caused the death, the Coroner must adjourn the inquiry until the criminal proceedings end (s 39(1)). Any later finding cannot be inconsistent with the result of those proceedings (s 39(2)). If you are called to give evidence at an inquiry, take advice first.

What should I do if MOM says I may be prosecuted personally?

Take advice early, preserve the records, and do not assume the company’s lawyers act for you. Early decisions often shape the case.

• Do not alter, discard or “tidy up” records. Keep permits, risk assessments, messages and photographs exactly as they are. Failing to produce required documents, or concealing a person from an inspector, is itself an offence under section 41(4), punishable by a fine of up to $5,000, up to six months’ imprisonment, or both.
• Prepare before giving a statement. Attend when required, answer truthfully, and correct any errors before signing.
• Consider separate representation. The company’s interests and yours may diverge. A company may say a supervisor ignored its procedures; a supervisor may say the procedures were never enforced. A lawyer acting for the company cannot advance both positions.
• Do not “align” accounts with co-workers. Each witness should give their own recollection.
• Keep a private note of events for your own lawyer.

If you are eventually charged, our article on defence options when charged under the WSH Act explains the next stage.

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Frequently asked questions

Can I be charged even though the company is also charged?

Yes. The company, its officers and individual workers or supervisors can all be charged over the same incident, and each is sentenced separately.

I am a director but I was not on site. Can I still be liable?

Possibly. Under section 48(1), if the company committed an offence, you are guilty unless you prove the offence happened without your consent or connivance and that you exercised the diligence expected of someone in your role. Not being on site is relevant, but it is not a defence by itself.

Will I go to jail if a worker died?

Not necessarily. The courts weigh harm and culpability together, and imprisonment becomes more likely as both rise. A death goes to harm; your culpability, role and mitigation also matter.

Can I refuse to give a statement to a MOM inspector?

You must attend if required in writing and must state the facts truly. Section 43(2) allows you to decline to make a statement that would tend to expose you to a criminal charge. Take legal advice before relying on this.

Can the company’s lawyer represent me as well?

Only if your interests and the company’s do not conflict, which is uncommon once personal liability is in issue. Separate advice lets you put your own position forward.

This article is for general information only and is not legal advice. The law stated is as at October 2026.