Statute Details
- Title: Workplace Safety and Health (Exemption) Order
- Full Title: N/A
- Act Code: WSHA2006-OR1
- Type: Subsidiary Legislation
- Commencement Date: N/A
- Parts: N/A
- Key Sections: Section 3: The exemption under paragraph 2 shall not apply if — (a) the workplace is occupied by any other person under a lease or licence granted by or on behalf of the Singapore Armed Forces; and (b) any building operation or any work of engineering construction is carried out in the workplace by contractors engaged by the Government.
- Related Legislation: Workplace Safety and Health Act (Chapter 354A)
What Is This Legislation About?
The Workplace Safety and Health (Exemption) Order is a piece of subsidiary legislation enacted under the Workplace Safety and Health Act of Singapore. Its primary purpose is to provide exemptions from the requirements of the Workplace Safety and Health Act for certain workplaces and occupiers.
The Workplace Safety and Health Act is the main legislation governing workplace safety and health in Singapore. It sets out a comprehensive framework of duties, responsibilities, and requirements for employers, occupiers, and other stakeholders to ensure the safety and health of workers. The Exemption Order carves out specific exceptions to the application of this Act, allowing for certain workplaces and occupiers to be exempt from its provisions.
What Are the Key Provisions?
The Workplace Safety and Health (Exemption) Order contains four key provisions:
1. Exemption for Workplaces Owned or Occupied by the Singapore Armed Forces (Section 2)
The Order exempts any workplace that is wholly or partly owned or occupied by the Singapore Armed Forces from the provisions of the Workplace Safety and Health Act. This means that the safety and health requirements under the Act do not apply to these workplaces.
2. Limitations on the Armed Forces Exemption (Section 3)
However, the exemption for Armed Forces workplaces does not apply in two situations: (a) if the workplace is occupied by any other person under a lease or license granted by or on behalf of the Singapore Armed Forces; and (b) if any building operation or engineering construction work is carried out in the workplace by contractors engaged by the Government. In these cases, the Workplace Safety and Health Act would still apply.
3. Exemption for Occupiers of Domestic Premises (Section 4)
The Order also exempts any person who is an occupier of domestic premises from the provisions of the Workplace Safety and Health Act, as long as the premises are not used (wholly or partly) by the occupier for the purpose of conducting any business or undertaking. This means that private homeowners are not subject to the requirements of the Act.
4. Clarification on Leasing of Domestic Premises (Section 4(2))
The Order clarifies that the leasing out of the whole or any part of domestic premises by the occupier to another person for residential purposes does not constitute conducting a business or undertaking. Therefore, the occupier would still be exempt from the Workplace Safety and Health Act in such cases.
How Is This Legislation Structured?
The Workplace Safety and Health (Exemption) Order is a relatively short piece of legislation, consisting of only four sections. The first section provides the citation for the Order. The subsequent sections outline the specific exemptions granted under the legislation.
Who Does This Legislation Apply To?
The Workplace Safety and Health (Exemption) Order applies to two main groups:
1. The Singapore Armed Forces and any workplaces that are wholly or partly owned or occupied by the Armed Forces. However, this exemption does not apply if the workplace is occupied by another person under a lease or license, or if building/construction work is carried out by government contractors.
2. Occupiers of domestic premises, as long as the premises are not used (wholly or partly) by the occupier for the purpose of conducting any business or undertaking. This includes private homeowners who lease out their property for residential purposes.
Why Is This Legislation Important?
The Workplace Safety and Health (Exemption) Order is an important piece of legislation as it carves out specific exceptions to the application of the broader Workplace Safety and Health Act. By providing these exemptions, the Order recognizes that certain workplaces and occupiers may have unique circumstances or requirements that warrant a different approach to workplace safety and health regulation.
The exemption for the Singapore Armed Forces, for example, acknowledges the specialized nature of military operations and the need for the Armed Forces to have greater autonomy in managing the safety and health of their own workplaces. Similarly, the exemption for occupiers of domestic premises reflects the fact that private homes are fundamentally different from commercial or industrial workplaces and may not require the same level of regulatory oversight.
While the exemptions provided by the Order do limit the scope of the Workplace Safety and Health Act, they are still important for ensuring that the regulatory framework remains flexible and responsive to the diverse needs of different workplaces and occupiers in Singapore. The Order helps to strike a balance between ensuring overall workplace safety and health, while also recognizing the unique circumstances of certain stakeholders.
Related Legislation
- Workplace Safety and Health Act (Chapter 354A)
Source Documents
This article provides an overview of the Workplace Safety and Health (Exemption) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.