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
- PART 8 (this article)
- PART 9
- PART 10
- PART 11
- Part 1
- Part 2
- Part 3
Establishment and Governance of the Workplace Safety and Health Council
The Workplace Safety and Health Act 2006 (WSHA) establishes a dedicated body known as the Workplace Safety and Health Council (the Council) to oversee and promote workplace safety and health standards in Singapore. Section 39(1) explicitly states:
"A Workplace Safety and Health Council is established, consisting of the following members..." — Section 39(1), Workplace Safety and Health Act 2006
Verify Section 39 in source document →
This provision exists to institutionalize a specialized authority that brings together representatives from various sectors, including employers, employees, and government agencies. The Council’s composition ensures a balanced representation of interests and expertise, facilitating comprehensive and inclusive policymaking in workplace safety and health matters.
Further, Section 40(1) empowers the Council with procedural autonomy:
"Subject to the provisions of this Act, the Council may determine its own procedure." — Section 40(1), Workplace Safety and Health Act 2006
Verify Section 40 in source document →
This autonomy is crucial for the Council to operate efficiently and adapt its governance mechanisms to evolving workplace safety challenges without being encumbered by rigid procedural constraints. It allows the Council to establish quorum requirements, appoint committees, and designate chairpersons as necessary to fulfill its mandate effectively.
Functions and Powers of the Workplace Safety and Health Council
Section 40A comprehensively outlines the functions of the Council, emphasizing its proactive role in developing and promoting workplace safety and health practices:
"The functions of the Council are — (a) to develop or facilitate the development of acceptable practices relating to safety, health and welfare at work; (b) to promote the adoption of acceptable practices relating to safety, health and welfare at work; (c) to devise, organise and implement programmes and other activities for or related to providing support, assistance or advice to any person or organisation in preserving, improving and promoting safety, health and welfare at work; (d) to facilitate and promote the development and upgrading of competencies, skills and expertise of the workforce relating to safety, health and welfare at work; (e) to research into any matter relating to safety, health and welfare at work; (f) to grant prizes and scholarships, and to establish and subsidise lectureships in universities and other educational institutions in subjects relating to safety, health and welfare at work; (g) to provide practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work; and (h) to do all the things that it is authorised or required to do under this Act." — Section 40A, Workplace Safety and Health Act 2006
Verify Section 40A in source document →
The breadth of these functions reflects the Council’s role not only as a regulatory body but also as a facilitator of education, research, and community engagement. By promoting competency development and providing practical guidance, the Council aims to foster a culture of safety and health awareness across all workplaces.
Section 40B further empowers the Council with the authority to issue, approve, amend, or revoke codes of practice:
"For the purpose of providing practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work, the Council may do all or any of the following: (a) issue one or more codes of practice...; (b) approve as a code of practice any document prepared by any person or organisation other than the Council...; (c) amend or revoke any code of practice issued or approved under this section." — Section 40B(1), Workplace Safety and Health Act 2006
Verify Section 40B in source document →
This provision exists to ensure that the Council can maintain up-to-date and relevant standards that reflect current best practices and technological advancements. The ability to approve external documents as codes of practice also allows for flexibility and incorporation of expertise from various stakeholders.
Legal Status and Evidentiary Use of Codes of Practice
Section 40C addresses the legal implications of codes of practice in criminal proceedings:
"A person shall not be liable to any criminal proceedings by reason only that the person has failed to observe any approved code of practice." — Section 40C(1), Workplace Safety and Health Act 2006
Verify Section 40C in source document →
This provision clarifies that non-compliance with an approved code of practice alone does not constitute a criminal offence. The rationale is to prevent codes of practice from being treated as mandatory legal requirements, thereby encouraging their use as practical guidance rather than strict rules. This distinction encourages employers and workers to adopt best practices voluntarily without fear of automatic criminal liability.
Moreover, Section 40C(4) mandates consideration of relevant Singapore Standards:
"Regard must be had any relevant Singapore Standards established and published by the Enterprise Singapore Board under the Enterprise Singapore Board Act 2018 or such other standards, codes of practice or guidance acceptable to the Council." — Section 40C(4), Workplace Safety and Health Act 2006
Verify Section 40C in source document →
This cross-reference ensures that the Council’s codes of practice align with nationally recognized standards, promoting consistency and integration across regulatory frameworks. It also reflects the collaborative approach between different statutory bodies to uphold workplace safety and health.
Absence of Definitions and Penalties in Part 8
Notably, Part 8 of the WSHA does not contain explicit definitions or specify penalties for non-compliance with its provisions. The absence of definitions suggests that terms used within this Part are either defined elsewhere in the Act or are intended to be understood in their ordinary meaning within the context of workplace safety and health.
Regarding penalties, Section 40C(1) explicitly states that failure to observe an approved code of practice does not, by itself, give rise to criminal liability. This indicates that the codes of practice serve as guidance rather than enforceable rules with direct penalties. Enforcement and penalties for workplace safety and health violations are addressed in other parts of the Act, ensuring a clear separation between advisory standards and statutory obligations.
Cross-References to Other Legislation
The provisions in Part 8 also contain important cross-references to other legislation, enhancing the coherence of Singapore’s regulatory framework. For instance, Section 40B(1)(a) allows the Council to issue or approve codes of practice under "another written law" if deemed suitable:
"Which may include any code of practice issued or approved under another written law if the Council considers that code of practice suitable for this purpose;" — Section 40B(1)(a), Workplace Safety and Health Act 2006
Verify Section 40B in source document →
This provision facilitates harmonization between the WSHA and other regulatory regimes, preventing duplication and conflicting requirements. It allows the Council to leverage existing codes of practice from other statutes, thereby streamlining compliance for stakeholders.
Additionally, as noted earlier, Section 40C(4) references the Enterprise Singapore Board Act 2018, ensuring that Singapore Standards developed under that Act are considered in the Council’s guidance and codes of practice.
Conclusion
Part 8 of the Workplace Safety and Health Act 2006 establishes the Workplace Safety and Health Council as a pivotal institution for advancing workplace safety and health in Singapore. The Council’s broad functions, procedural autonomy, and authority to issue and approve codes of practice enable it to serve as both a regulatory and advisory body. The legal framework carefully balances the advisory nature of codes of practice with the need for enforceable standards elsewhere in the Act, promoting a culture of safety through guidance, education, and collaboration rather than punitive measures alone.
Sections Covered in This Analysis
- Section 39(1) – Establishment and Membership of the Workplace Safety and Health Council
- Section 40(1) – Powers and Proceedings of the Council
- Section 40A – Functions of the Council
- Section 40B(1) – Authority to Issue, Approve, Amend or Revoke Codes of Practice
- Section 40C(1) and (4) – Legal Status of Codes of Practice and Cross-References to Singapore Standards
Source Documents
For the authoritative text, consult SSO.