Statute Details
- Title: Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009
- Full Title: Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009
- Act Code: WSHA2006-S607-2009
- Type: Subsidiary Legislation (sl)
- Commencement Date: 1 March 2010
- Parts: Part I: PRELIMINARY
- Key Sections: Section 2: Definitions
- Related Legislation: Workplace Safety and Health Act
What Is This Legislation About?
The Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009 (the "Regulations") are a set of subsidiary legislation enacted under the Workplace Safety and Health Act (the "Act") in Singapore. The Regulations establish a framework for the implementation and auditing of safety and health management systems in workplaces, with the aim of promoting and ensuring workplace safety and health.
The key focus of the Regulations is to mandate the implementation of safety and health management systems in certain workplaces, and to require the appointment of workplace safety and health auditors to periodically audit these systems. The Regulations also set out the requirements and procedures for individuals and companies to be approved as workplace safety and health auditors.
What Are the Key Provisions?
The Regulations are divided into four main parts:
Part I - Preliminary
This part contains definitions of key terms used in the Regulations, such as "auditing agency", "imminent danger", "shipyard", and "worksite".
Part II - Approval to Act as Workplace Safety and Health Auditor
This part sets out the requirements and procedures for individuals to apply for and obtain approval to act as workplace safety and health auditors. It requires auditors to attend relevant training courses and be registered in a public register maintained by the authorities.
Part III - Safety and Health Management System
This is the core part of the Regulations, which mandates the implementation of safety and health management systems in certain workplaces (as specified in the Second Schedule). It requires these workplaces to conduct periodic audits of their safety and health management systems, and to undertake internal reviews of these systems. The Commissioner is also empowered to direct the occupier of a workplace to appoint a workplace safety and health auditor.
The Regulations also outline the duties and powers of workplace safety and health auditors, including the ability to access workplaces, examine documents, and issue directives to address safety and health issues.
Part IV - Miscellaneous
This part establishes offences for non-compliance with the Regulations, with penalties specified in the Fifth Schedule.
How Is This Legislation Structured?
The Regulations are structured into four main parts, as outlined above. There are also several schedules that provide additional details and requirements:
- First Schedule: Fees payable for various applications and approvals under the Regulations
- Second Schedule: List of workplaces required to implement a safety and health management system
- Third Schedule: List of workplaces required to appoint a workplace safety and health auditor
- Fourth Schedule: List of workplaces required to conduct an internal review of their safety and health management system
- Fifth Schedule: Current offences and corresponding previous offences under the Regulations
Who Does This Legislation Apply To?
The Regulations apply to certain workplaces in Singapore, as specified in the Second, Third, and Fourth Schedules. These include workplaces in the construction, shipbuilding, and other high-risk industries. The Regulations also apply to individuals and companies that wish to be approved as workplace safety and health auditors.
The occupiers of the workplaces subject to the Regulations are responsible for implementing and maintaining the required safety and health management systems, as well as appointing approved auditors to conduct periodic audits.
Why Is This Legislation Important?
The Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009 are an important part of Singapore's comprehensive framework for promoting and ensuring workplace safety and health. By mandating the implementation of safety and health management systems and the appointment of qualified auditors, the Regulations aim to:
- Identify and address safety and health risks in workplaces proactively
- Ensure that safety and health management systems are effective and continuously improved
- Enhance the competence and accountability of workplace safety and health professionals
- Promote a strong safety culture and shared responsibility for workplace safety and health
Failure to comply with the Regulations can result in significant penalties, including fines and potential imprisonment. The Regulations are actively enforced by the Ministry of Manpower, and non-compliance can also lead to additional enforcement actions, such as stop-work orders or the revocation of a workplace safety and health auditor's approval.
Overall, the Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009 play a crucial role in Singapore's efforts to maintain high standards of workplace safety and health, which are essential for protecting workers, promoting productivity, and supporting the country's economic development.
Related Legislation
- Workplace Safety and Health Act (Chapter 354A)
Source Documents
This article provides an overview of the Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.