2094770-v1\SINDMS Employment Singapore Client Alert May 2017 For more information, please contact: Kelvin Poa +65 6434 2524 firstname.lastname@example.org Celeste Ang +65 6434 2753 email@example.com Aran Alexander +65 6434 2716 firstname.lastname@example.org Ng Zhao Yang +65 6434 2701 email@example.com Wang Jingyi +65 6434 2306 firstname.lastname@example.org Clarence Ding +65 6434 2662 email@example.com Company Fined S$90,000 under the Workplace Safety and Health Act for Workplace Safety Lapses Executive Summary On 16 May 2017, the Ministry of Manpower ("MOM") fined Commonwealth Culinary Creations Pte. Ltd. ("CCCPL") S$90,000 under Section 11(a) of the Workplace Safety and Health Act for failure to ensure that its workplace premises are safe and causing the death of an employee who slipped on the production floor. This incident highlights the importance for employers to take, so far as reasonably practicable, measures that are necessary to ensure the safety and health of employees at work. The MOM may also impose penalties on employers for workplace safety breaches. Facts CCCPL is a local bakery in Singapore. CCCPL was fined S$90,000 on 16 May 2017 for failing to keep the workplace at its factory in Boon Lay safe, causing the death of an employee who hit her head on the ground when she slipped on an oily and wet floor. An investigation conducted by the MOM demonstrated that CCCPL had failed to keep the floor safe, to provide anti-slip floor mats and to install appropriate warning signs. The MOM's director of Occupational Safety and Health Inspectorate, Mr Chan Yew Kwong, said that the incident could have been avoided if: CCCPL had taken simple precautionary safety measures, for example, by erecting warning signs to highlight the wet and slippery floor conditions to warn workers to keep off the area; and CCCPL had implemented and enforced control measures in its risk assessment to require workers to wear anti-slip shoes in the area. The MOM highlighted that the death of the employee was an unfortunate accident which could have been prevented if the above precautionary measures were taken. Workplace Safety Requirements The Workplace Safety and Health Act ("WSH") requires employers to take reasonably practicable measures to ensure the safety and health of persons at the workplace. The primary objectives of the WSH are to (i) reduce risk at the source by requiring all employers to remove or minimize the risk they create, (ii) encourage industries to adopt greater ownership of safety and 2094770-v1\SINDMS2 | Client Alert May 2017 health outcomes, and (iii) impose higher penalties for poor safety management and outcomes. Section 11(a) of the WSH provides that it is the duty of every occupier of any workplace to take, so far as is reasonably practicable, such measures to ensure that the workplace are safe without risks to health to every person within those premises, whether or not the person is at work or is an employee of the occupier. An occupier generally refers to a person or a company who has charge, management or control of the premises. Employers are also required under the WSH to protect the safety and health of their employees or workers under their direction, as well as persons who may be affected by their work. In this regard, the employer is required under the WSH to: Conduct risk assessments to identify hazards and implement effective risk control measures; Make sure the work environment is safe; Make sure adequate safety measures are taken for any machinery, equipment, plant, article or process used at the workplace; Develop and implement systems for dealing with emergencies; and Ensure workers are provided with sufficient instruction, training and supervision so that they can work safely. An employer which is a company in breach of the WSH safety provisions commits an offence and may be liable on conviction to a fine not exceeding S$500,000. In the case of an individual, he may be liable to a fine not exceeding S$200,000 on his first conviction or to imprisonment for a term not exceeding 2 years or both. Conclusion Employers are required to take, so far as is reasonably practicable, such measures that are necessary to ensure the safety and health of his employees at work. This includes providing a work environment which is safe, without risk to health, and adequate with respect to facilities and arrangements for their welfare at work. In this regard, employers should also ensure that employees at work have adequate instruction, information, training and supervision for them to perform their work and to avoid any unwarranted work related injuries. www.bakermckenzie.com Baker McKenzie Wong & Leow 8 Marina Boulevard #05-01 Marina Bay Financial Centre Tower 1 Singapore 018981 Tel: +65 6338 1888 Fax: +65 6337 5100 ©2017 Baker & McKenzie. All rights reserved. Baker & McKenzie.Wong & Leow is a member of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. 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