(26) Guide to the Workplace Safety and Health (WSHO) Regulations 2007

7/15/2019 (26) Guide to the Workplace Safety and Health (WSHO) Regulations 2007

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Guide to the Workplace Safety and Health (WorkplaceSafety and Health Officers) Regulations 2007

Introduction

1. The Workplace Safety and Health (Workplace Safety and Health Officers)Regulations 2007 replaced the three Factories subsidiary legislations1 governingthe WSH Officers. In line with the main Workplace Safety and Health Act, thisnew Regulations shift away from the prescriptive approach and instead adopted amore performance-based style of legislation. This is in line with the principle of giving industry greater ownership of safety and health outcomes at the workplace.

2. This guide is intended to provide more detailed explanation on theprovisions in the Regulations so as to allow industry stakeholders to betterunderstand the Regulations.

Becoming a Workplace Safety and Health Officer

3. Under section 32 of the Workplace Safety and Health Act, no person shallact as a Workplace Safety and Health Officer unless he is approved by theCommissioner for Workplace Safety and Health. A person thus has to apply tothe Commissioner for approval to become a WSH Officer (Application forregistration can be done via OSHD Online athttp://www.mom.gov.sg/publish/momportal/en/communities/workplace_safety_and _health.html). Upon approval and payment of $110 (see Reg 4(1) and FirstSchedule), the Commissioner will issue the applicant with a Certificate of

Approval.

4. The Certificate of Approval is valid for 2 years (unless otherwise stated).Upon expiry of the certificate, the WSH Officer is expected to renew his certificateif he intends to continue practicing as a WSH Officer. He must make hisapplication to the Commissioner and pay a fee of $60 for the renewal of hisCertificate of Approval.

Pre-requisite of a Workplace Safety and Health Officer

5. Under the previous Factories

(Qualifications and Training of SafetyOfficers) Notification, the qualificationsof any person who wishes to become aWSH Officer were prescribed in the law.However in this new Regulations, amore generic approach had been

1Factories (Qualifications and Training of Safety Officers) Notification, the Factories (Registration

and Duties of Safety Officers) Regulations and the Factories (Safety Officers) Order.

“ A person may be granted approval to act

as a workplace safety and health officer if he satisfies the Commissioner that he issufficiently competent and is, in all other respects, a fit and proper person, to beentrusted to carry out the work of aworkplace safety and health officer.”

– WSH Offi cers Regulation 3



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adopted where the candidate must demonstrate to the satisfaction of theCommissioner that he is “sufficiently competent and is, in all other respects, a fitand proper person, to be entrusted to carry out the work of a workplace safety andhealth officer” before approval is granted.

What is meant by “ sufficiently competent”?

6. The competency of the WSH Officer is critical as he plays a vital role inhelping his employer manage workplace safety and health. As such, any personwho wishes to become a WSH Officer must : -

a) possess at least a degree or diploma in engineering, occupational safety,occupational health, occupational hygiene, ergonomics, psychology,physics, chemistry, biochemistry or other topics relevant to occupationalsafety and health; and

b) have successfully completed a course in relation to WSH Officer (i.e.Safety Officer Training Course); and

c) possess at least 2 years of practical work experience in the field of occupational safety and health, e.g. working under the guidance of a WSHOfficer.

7. Any person who does not have the relevant degree or diploma asmentioned in paragraph 5(a) but has attained the WSQ equivalent or satisfies theCommissioner that he has such qualifications and practical work experience as tobe suitable for registration may also be considered for approval to be a WSHOfficer.

What is meant by “ fit and proper”?

8. Besides possessing the relevant training and experience, the WSH Officermust also demonstrate other important attributes so that he can be entrusted withthe duties imposed on him. Such attributes include : -

a) Being physically fit. A WSH Officer must not be so physically handicappedas to render him unable to discharge his duties. For instance, a WSHOfficer in a worksite needs to be sufficiently fit to climb several flights of stairs in order to conduct rounds of inspections.

b) Being mentally fit. A WSHO should be in a stable mental state so as to be

able to exercise sound judgment to identify safety and health risks, andrecommend relevant control measures. Additionally, the WSHO should notbe under the influence of drugs or alcohol while on duty as it wouldadversely affect his judgment.

c) Over and above that, the WSHO should be someone with integrity and of good character. A corrupt WSH Officer could significantly undermine thetrust and integrity of the entire profession.



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Continuous Training and Development for Workplace Safety andHealth Officers

9. It is imperative that practicingWSH Officers continue to keepthemselves updated and relevant in the

field of workplace safety and health. This is the broad intention behindregulation 5 which provides theCommissioner the power to require theWSH Officers to attend training courses.In practice, this is manifested throughthe Safety Professional Units (SDU) scheme where WSH Officers can accumulateSDU points after attending seminars, conferences or workshops on relevant(safety and health) topics in order to qualify for renewal of their certificate.

Duties of Workplace Safety and Health Officers

10. The primary responsibility of ensuring workers’ safety and health lies withthe occupier or employer as enshrined in the main WSH Act. The primary role of the WSH Officer is to assist their employers to discharge their statutory duties,particularly in the area of identification of workplace safety and health risks and inrecommending control measures. Hence, the duties of the WSH Officers havebeen revamped to focus on this aspect of risk management rather than functionalduties such as acting as secretary to the safety and health committee. It is to benoted that the revamped duties should not be construed as a delegation of responsibility from the occupier / employer to the WSH Officers.

11. The phrase “to assist” used in regulation 7 could refer to advice,suggestions, or conducting the risk assessment as instructed by the occupier. Itcould also include training other employees on risks assessment or the controlmeasures. The WSH Officer is expected to exercise due diligence in theassessment of risks and recommendation of appropriate control measuresparticularly for blatant safety and health risks. While the WSH Officers can assistin the implementation of the control measures, the occupier ought to provide himwith the corresponding authority and resources for him to carry out his workproperly.

Workplaces that are required to appoint a Workplace Safety and

Health Off icer 12. Under the Second Schedule of the Regulations, the following workplacesare required to appoint a Workplace Safety and Health Officer : -

a) Shipyards in which any ships, tankers and other vessels are constructed,reconstructed, repaired, refitted, finished or broken up;

b) Factories used for processing petroleum or petroleum products;

“ The Commissioner may require aworkplace safety and health officer

to attend training courses which, inthe opinion of the Commissioner,are relevant to the work of aworkplace safety and health offi cer.”

– WSH Off icers Regulat ion 5(1)



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c) Factories in which building operations or works of engineering constructionof a contract sum of $10 million or more are carried out; and

d) Any other factories in which 100 or more persons are employed, exceptthose which are used for manufacturing garments.

13. Previously under the Factories (Safety Officers) Order, the aboveworkplaces were required to appoint either a part-time or full-time WSH Officers,but this distinction has been removed in the new Regulations. The workplaceslisted above can decide on the extent of appointment (i.e. either part time or fulltime) based on their operational needs. This is in line with the performance-basedregime to engender greater industry ownership. Under the new framework,companies are expected to evaluate their workplace safety and health risks anddecide for themselves the best measures to control those risks. This includesgoing even beyond the minimum legislative requirement to appoint more than oneWSH Officer to assist in managing the risks. This is especially pertinent for largerworkplaces.

14. In addition, besides the approval from the Commissioner, occupiers oremployers are also strongly encourage to appoint WSH Officers with the relevantexperience for the job so as to add value to the organisation. Occupiers oremployers should take into consideration factors such as the relevancy of previous training, as well as the extent of the candidate’s familiarity andexperience to the intended scope of work (e.g. deep excavation or heavy lifting).

Concluding Remarks

15. WSH Officers play a vital role in helping to raise the overall WSH standardand performance of industry. However, it must be recognised that ensuring

workplace safety and health is not the sole responsibility of the WSH Officer. Inorder to have a safe and healthy workplace, all stakeholders in the value chainmust contribute towards the goal of protecting themselves and others.

Prepared jointly by:MOM, WSHAC, SCAL, ASMI and SISO

(26) Guide to the Workplace Safety and Health (WSHO) Regulations 2007

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