Part of a comprehensive analysis of the Workplace Safety and Health Act 2006
All Parts in This Series
- PART 1
- PART 2
- PART 3
- PART 4
- PART 5
- PART 6
- PART 7 (this article)
- PART 8
- PART 9
- PART 10
- PART 11
- Part 1
- Part 2
- Part 3
Appointment and Roles of Workplace Safety and Health Officers and Committees
The Workplace Safety and Health Act 2006 mandates the appointment of specific personnel and committees to ensure the safety and health of employees in prescribed workplaces. Section 28(1) requires that:
"Every workplace within the prescribed class or description of workplaces must have appointed in respect thereof a workplace safety and health officer or a workplace safety and health coordinator." — Section 28(1), Workplace Safety and Health Act 2006
Verify Section 28 in source document →
This provision exists to ensure that there is a designated individual responsible for overseeing safety and health matters at the workplace. The presence of such officers or coordinators facilitates proactive management of workplace hazards and compliance with safety standards.
Similarly, Section 29(1) stipulates the appointment of workplace safety and health committees:
"Every workplace within the prescribed class or description of workplaces must have appointed in respect thereof a workplace safety and health committee." — Section 29(1), Workplace Safety and Health Act 2006
Verify Section 29 in source document →
The committees comprise representatives from both employees and employers, fostering cooperation and shared responsibility in maintaining safe working conditions. Their functions, as detailed in Section 29(3), include:
"The functions of a workplace safety and health committee appointed in respect of a workplace are — (a) to keep under review circumstances in the workplace which affect or may affect the safety or health of persons in the workplace; (b) to promote cooperation between management and employees in achieving and maintaining safe and healthy working conditions; (c) to carry out from time to time inspections of the scene of any accident or dangerous occurrence in the interests of the safety and health of the employees; (d) to exercise any other functions and duties as may be prescribed or conferred on the committee under this Act; and (e) any other functions as may be prescribed." — Section 29(3), Workplace Safety and Health Act 2006
Verify Section 29 in source document →
The rationale behind these provisions is to institutionalise a collaborative approach to workplace safety, ensuring continuous monitoring and improvement of safety conditions, and prompt investigation of incidents.
Workplace Safety and Health Auditors: Ensuring Compliance and Risk Management
Section 30(1) mandates the appointment of workplace safety and health auditors in prescribed workplaces:
"Every workplace within the prescribed class or description of workplaces must have appointed in respect thereof a workplace safety and health auditor." — Section 30(1), Workplace Safety and Health Act 2006
Verify Section 30 in source document →
The auditor’s role is critical in independently assessing the effectiveness of safety management systems and risk controls. Section 30(2) elaborates on their functions:
"The functions of a workplace safety and health auditor appointed in respect of a workplace are to audit, in such manner as the Commissioner may determine, all or any of the following with a view to ensuring the safety, health and welfare of persons at work in the workplace: (a) the safety and health management system of the workplace; (b) any risk assessment relating to the workplace or the work carried out in that workplace; (c) any work process at the workplace; or (d) the workplace." — Section 30(2), Workplace Safety and Health Act 2006
Verify Section 30 in source document →
This provision exists to provide an objective evaluation mechanism that identifies gaps or deficiencies in workplace safety practices, thereby enabling corrective actions to prevent accidents and occupational illnesses.
Notably, Section 30(4) defines "risk assessment" as:
"The process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measures for risk control." — Section 30(4), Workplace Safety and Health Act 2006
Verify Section 30 in source document →
This definition underscores the importance of systematic hazard identification and control, which is fundamental to effective workplace safety management.
Training Requirements and Approval of Authorised Persons
To maintain high standards of workplace safety, the Act requires certain persons to undergo specified training. Section 31(1) empowers the Minister to mandate attendance at training courses:
"The Minister may, by order in the Gazette, require such prescribed class or description of persons to attend such training courses as are specified in the order." — Section 31(1), Workplace Safety and Health Act 2006
Verify Section 31 in source document →
This ensures that individuals entrusted with safety responsibilities are adequately trained and competent to perform their duties.
Further, Section 32 prohibits any person from acting as an authorised examiner, workplace safety and health officer, coordinator, auditor, or accredited training provider without the Commissioner’s approval:
"A person must not act as ... (b) a workplace safety and health officer; (c) a workplace safety and health coordinator; (d) a workplace safety and health auditor; or (e) an accredited training provider, (called in this Part an authorised person) except with the approval of the Commissioner." — Section 32, Workplace Safety and Health Act 2006
Verify Section 32 in source document →
This approval mechanism exists to ensure that only qualified and vetted individuals or entities undertake these critical roles, thereby safeguarding the integrity of workplace safety systems.
Applications for approval must comply with procedural requirements set out in Section 33(1):
"An application for approval to act as an authorised person must be — (a) in such form as the Commissioner may determine; (b) accompanied by such information, statements and documents as the Commissioner may require; and (c) accompanied by the prescribed fee." — Section 33(1), Workplace Safety and Health Act 2006
Verify Section 33 in source document →
The Commissioner also holds the power to suspend or cancel approvals under Section 35(1) if the person is found unfit or has breached conditions:
"The Commissioner may suspend or cancel the approval of a person as an authorised person if — (a) the Commissioner is satisfied that the person — (i) had obtained or procured the person’s approval by fraud or misrepresentation; (ii) has breached any term or condition subject to which the approval was granted; or (iii) is no longer a fit and proper person to act as a relevant authorised person; or (b) the Commissioner considers that it is in the public interest to do so." — Section 35(1), Workplace Safety and Health Act 2006
Verify Section 35 in source document →
Such provisions protect the public interest by ensuring that authorised persons maintain high ethical and professional standards.
Upon cancellation, the person must surrender their certificate within 7 days as per Section 36:
"A person whose approval as an authorised person has been cancelled by the Commissioner under section 35 must, within 7 days of the date of the cancellation, surrender the person’s certificate of approval issued under section 33(5)." — Section 36, Workplace Safety and Health Act 2006
Verify Section 36 in source document →
Prohibitions and Penalties for Non-Compliance
The Act imposes strict prohibitions and penalties to enforce compliance. Section 37 prohibits false claims of approval:
"A person must not claim or imply that the person is approved by the Commissioner as a relevant authorised person unless the person is approved as such by the Commissioner under section 33." — Section 37, Workplace Safety and Health Act 2006
Verify Section 37 in source document →
This provision prevents misrepresentation that could mislead employers or workers about the qualifications of safety personnel, thereby protecting workplace safety integrity.
Section 38 prescribes penalties for contraventions of Sections 32, 36, or 37:
"Any person who contravenes section 32, 36 or 37 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both." — Section 38, Workplace Safety and Health Act 2006
Verify Section 38 in source document →
Similarly, Section 31(5) penalises employers who fail to ensure required training is completed before work commences:
"An employer who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both." — Section 31(5), Workplace Safety and Health Act 2006
Verify Section 31 in source document →
These penalties serve as deterrents against non-compliance, reinforcing the importance of adhering to safety protocols and qualifications.
Cross-References and Ministerial Powers
The Act provides for cross-references and delegated powers to ensure comprehensive regulation. For example, Section 32(a)(ix) refers to:
"Any other machinery required by this Act to be examined or tested by an authorised examiner;" — Section 32(a)(ix), Workplace Safety and Health Act 2006
Verify Section 32 in source document →
This indicates that authorised examiners may have responsibilities extending beyond those explicitly listed, as prescribed elsewhere in the Act.
Section 29(3)(d) empowers committees to:
"Exercise any other functions and duties as may be prescribed or conferred on the committee under this Act;" — Section 29(3)(d), Workplace Safety and Health Act 2006
Verify Section 29 in source document →
Similarly, Section 28(2) authorises the Minister to prescribe the manner of appointment, functions, duties, and powers of workplace safety and health officers and coordinators:
"(2) For the purposes of this section, the Minister may prescribe — (a) the manner of appointment of a workplace safety and health officer and a workplace safety and health coordinator; (b) the functions and duties of a workplace safety and health officer and a workplace safety and health coordinator; and (c) the powers of a workplace safety and health officer and a workplace safety and health coordinator, being necessary powers for the officer or coordinator (as the case may be) to discharge his or her functions and duties under this Act." — Section 28(2), Workplace Safety and Health Act 2006
Verify Section 28 in source document →
These provisions enable the Act to adapt to evolving workplace safety needs through subsidiary legislation or ministerial orders, ensuring flexibility and responsiveness.
Conclusion
The provisions analysed establish a robust framework for workplace safety and health governance in Singapore. By mandating the appointment of qualified officers, coordinators, auditors, and committees, and by regulating their approval and training, the Act ensures that workplaces are managed with due diligence towards safety. The penalties for non-compliance underscore the seriousness of these obligations. Furthermore, the Minister’s powers to prescribe functions and training requirements allow the regulatory framework to remain dynamic and effective.
Sections Covered in This Analysis
- Section 28 – Appointment of workplace safety and health officers or coordinators
- Section 29 – Appointment and functions of workplace safety and health committees
- Section 30 – Appointment and functions of workplace safety and health auditors; definition of risk assessment
- Section 31 – Requirement for prescribed persons to attend training; penalties for non-compliance
- Section 32 – Approval required to act as authorised persons
- Section 33 – Application procedures for approval
- Section 35 – Suspension or cancellation of approval
- Section 36 – Surrender of certificate upon cancellation
- Section 37 – Prohibition against false claims of approval
- Section 38 – Offences and penalties for contraventions related to approval and training
Source Documents
For the authoritative text, consult SSO.