Workplace Safety & Health Act ireport

Transcription

1 Workplace Safety & Health Act ireport

2 The Need for Reform Target To halve our current occupational fatality rate by 2015 Comparison of Occupational Death Rates, 2002 Country / Region Sweden United Kingdom Australia USA (2000) Occupational Fatality Rate # To attain standards of the current top 10 developed countries with good safety records. EU15 Average Japan Singapore (2004) Taiwan (2001) Hong Kong SAR Malaysia # Occupational Death per 100,000 workers

3 Workplace Safety and Health Act The WSHA is the key legal instrument to effect the principles of the new OSH framework. The principles are: Reduce Risks at Source Promote Industry Ownership of Standards and Outcomes Higher Penalties for Poor Safety Management Administered by the Commissioner for Workplace Safety and Health

4 Who are covered? Section 2 read with First Schedule limits the present scope of the Act to: Factories Airport - checking, loading..by persons other than crew Any ship in the harbour - scaling, cleaning, construction Any dock, wharf - loading by persons other than crew Railway area - inspection, testing, maintenance carried out Any premises (other than domestic) in which steam boiler, steam receiver or air receiver is used Any laboratory or other premises where the testing, examination or analysis of any article is carried out Eventually all workplaces will be covered under the Act (eg hospitals, clinics)

5 Better Defined Liability Regime to Reduce Risks at Source Current Factories Act imposed liability primarily on the registered factory occupier. The WSHA assigns legal responsibility to those who create and have control over safety and health risks. Imposed a general duty to take reasonably practicable measures to protect people affected Employees, workers as well as members of public

6 Stakeholders under the New Liability Regime (Part IV of the WSHA) Occupiers for the physical workplace, means of access and egress and any machinery, equipment etc. (S. 11) Employers (including self-employed) for work processes. (S. 12 and 13) Principals for their contractors or workers supplied by 3 rd party labour suppliers where they direct the manner of work. (S. 14)

7 Stakeholders under the New Liability Regime (Part IV of the WSHA) Measures that employers and principals are required to undertake include: providing and maintaining a safe work environment; ensuring adequate safety measures are taken at work; ensuring persons are not exposed to hazards arising from the workplace or areas under the employer s control; developing and implementing emergency procedures; providing adequate instructions, information, training and supervision to employees;

8 Stakeholders under the New Liability Regime (Part IV of the WSHA) Employees (persons at work) to co-operate with employers and not endanger the safety and health of others. (S. 15) Manufacturers & supplier of dangerous machinery, equipment and hazardous substances (S. 16) Persons who erect, install, modify or maintain such machinery. (S. 17)

9 Strengthened Personal Accountability To engender a strong safety culture, commitment of top management is critical WSHA holds managers and directors of companies personally accountable for safety and health practices at their workplace (S. 48)

10 Moving to a Performance- based regime Present Factories Act is prescriptive in nature the law prescribes what must be done in order to be safe Safety measures listed are not exhaustive; It is simply not effective to prescribe detailed requirements applicable for every scenario, across different industry sectors.

11 Moving to a Performance- based regime - Comprehensive Risk Management Systems Companies will be required under the WSH (Risk Management) Regulations to: Conduct Risk Assessments Take steps to eliminate or minimise the identified risk Disseminate information to employees and others Risk Assessment guidelines available

12 Moving to a Performance- based regime (Con t) Government will continue to work closely with industry in standard setting and provide guidance for compliance. Codes of practices will be established together with industry that will serve as guidelines on reasonably practicable measures for compliance.

13 General Duties to be Discharged by Management of stakeholders must show that they have taken active steps to: Implement sound OSH management systems; Conduct comprehensive Risk Assessments and implement control measures to eliminate or reduce the risks; Provide adequate resources; Provide information to affected persons; Comply with existing Regulations, Codes of Practice and industry practices. Companies are expected to engage 3rd-party OSH professionals if they lack the capabilities to help better manage their workplace safety and health.

14 Higher Penalties for Poor Safety Management and Performance The Factories Act contains a stepped penalty regime based on the harm done. The inadequacy of this regime is that it does not allow for meaningful penalties in cases where there are severe lapses, but fortuitously no accidents have occurred. Manpower Minister Dr Ng Eng Hen during 2 nd reading of WSHA Penalties under the Factories Act- Minor (Technical Offence) Max. fine - $5,000 / $2,000 Likely to cause injury Results in serious injury Results in one death Results in 2 or > death For Repeat Offender Max. fine - $20,000 and/or 1 / 2 yr jail Max. fine - $35,000 and/or 1 yr jail Max. fine - $50,000 and/or 1 yr jail Max. fine - $200,000 and/or 1 yr jail Max. fine of twice the amount that is specified in the Act

15 Higher Penalties for Poor Safety Management and Performance The penalties have been increased in-line with other leading OSH countries, but generally consistent with other similar offences; Enhanced General Penalties under the WSH Act- For Individuals - $200,000 and/or 24 months jail. For Corporations - $500,000 fine. For repeat offenders where a fatality occurs during a previous offence and a 2nd fatality is caused Max. fine is doubled The WSHA hence allow the court to impose penalties taking into account all the relevant circumstances, including the culpability of the offender, the potential harm that could have been caused, and the harm actually done. [WSHA 2 nd Reading speech]

16 WSH (Risk Management) Regulations Intention of the Regulation We want to change mindsets to make those in charge take responsibility for managing their own safety outcomes, not rely on Government to prescribe standards This regulation will require all employers / principals covered by the Act to assess risk to safety and health of any persons who may be affected by the undertaking. Risk Assessment is one way in which general duties under Part IV of the main Act will be discharged senior managers must lead the way. The risk assessment (RA) should be a genuine attempt to identify hazards and risk of injuries/accidents, not a bureaucratic form filling exercise hence no prescribed template. Reducing risk@source

17 WSH (Risk Management) Regulations Employers / Principals of workplaces (subject to scope of WSHA) are to: Assess risk to workers arising from work before work commences Eliminate the risk where possible, or if not take measures to control the risk such as: (i) Substitution (ii) Engineering controls (iii) Administrative controls, including safe work procedures (iv) Provision and use of suitable personal protective equipment Establish Safe Work Procedures

18 WSH (Risk Management) Regulations Other requirements: Communicating the risk and control measures to the workers Revising RAs at least once in 3 years, or when Accidents happen as a result of exposure to a hazard Significant change in work practices or procedures Penalty for failure to conduct risk assessment and implement measures to eliminate or control risk: 1 st offence - A fine not exceeding $10,000 2 nd or subsequent offence - A fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months, or both

19 WSH (Incident Reporting) Regulations Intention of the Regulation We want to ensure that our data on the state of OSH in Singapore is comprehensive to facilitate early detection of problems This regulation will cover all workplaces; not limited to factories Widen the scope of existing reporting requirements, to include injuries to members of the public arising from work accidents. Effective since 1 Mar 2006

20 WSH (Incident Reporting) Regulations Regulation will affect employers and occupiers of workplaces and doctors except employer of a domestic worker working at the employer s private domestic premises Duty to report all workplace accidents that result in death or injury, occupational disease and dangerous occurrences, except any workplace accidents which occurs: In the course of a person commuting to and fro from any workplace* In the course of any person driving any vehicle as part of his work * * May be reportable under the WCA

21 WSH (Incident Reporting) Regulations Employer to report a workplace accident when: The accident leads to a death of an employee Injured employee is: Granted more than 3 consecutive days of sick leave; or Hospitalised for at least 24 hours for observation or treatment Employee is diagnosed with an occupational disease Occupier to report a workplace accident when: The accident leads to a death of a self-employed or a member of public Injured self-employed or member of public is taken to the hospital for treatment Doctor to report an occupational disease Proposed penalty for failure to notify workplace incidents: 1 st offence - A fine not exceeding $5,000 2 nd or subsequent offence - A fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months, or both

22 Examples Case Reportable to MOM By whom A laboratory technician has a needle stick injury with no medical leave A doctor accidentally cuts himself during surgery and incurs 4 days medical leave A clinic assistant has a needle stick injury and incurs 4 days medical leave A nursing officer develops repetitive strain disorder of the upper limb which is work-related A visitor at the clinic slips and falls in the waiting area over a cable because the floor is being vacuumed and has to be brought to hospital for treatment A patient dies as a result of inappropriate treatment A nursing officer has a needle stick injury with no medical leave Yes under the WCA but not under the WSHA Yes under the WSHA but not under the WCA Yes under both WSHA and WCA Yes under the WSHA but not under WCA Yes under the WSHA No No Employer Employer Employer Employer and doctor Occupier of the clinic - -

23 What is ireport? ireport (Incident Reporting) is an online reporting system for Accidents, Dangerous Occurrences and Occupational Diseases under the Workplace Safety and Health Act (WSHA), (Incident Reporting) Regulations and/ or Accidents and Occupational Diseases under the Workmen's Compensation Act (WCA)

24 How do I access to ireport? We have an Accident! We have a Dangerous Occurrence! We have an Occupational Disease!

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26 Submission Flow 4 Easy Steps! (For employers & occupiers) Step 1: Who are you? Step 2: Your Organization Details? Step 3: What is the Incident about? Step 4: Victim(s) involved? (If applicable) Step 5: If involved more victims, Summary repeat of Victims Step 4 Declaration Done!

27 Demonstration (Reporting an incident) Employers & Occupiers Doctors

28 Thank You!