Monday, November 10, 2008

WSH (Incident Reporting) Regulations 2006


PART I PRELIMINARY
1. Citation and commencement
These Regulations may be cited as the WSH (Incident Reporting) Regulations 2006 and shall come into operation on 1st March 2006.

2. Application
These Regulations shall apply to every workplace.

3. Definitions
In these Regulations, unless the context otherwise requires —
‘‘accident’’ means any unintended event which causes bodily injury to a person, but does not include any bodily injury sustained by a person —

  • in the course of commuting to or from his workplace using a mode of transport provided by his employer;
  • as a result of his act or default while driving any vehicle on a public road in the course of his work; or
  • in the course of his work as a domestic worker


PART II NOTIFICATION AND REPORTING OF DEATHS AND DANGEROUS OCCURRENCES

4. Duty to notify and report accident leading to death
(1) An accident at a workplace which leads to the death of any employee - the employer shall, as soon as is reasonably practicable, notify the Commissioner of the accident.
(2) An accident at a workplace which leads to the death of any person who is not at work or of any self-employed person - the occupier of the workplace shall notify the Commissioner of the accident.
(3) The employer or occupier, as the case may be, shall thereafter, but not later than 10 days after the accident, submit a report to the Commissioner.

5. Duty to notify and report dangerous occurrence
(1) Where any dangerous occurrence occurs at a workplace, the occupier of the workplace shall, as soon as is reasonably practicable, notify the Commissioner of the occurrence.
(2) The occupier shall thereafter, but not later than 10 days after the occurrence, submit a report to the Commissioner.

PART III REPORTING OF INJURIES AND OCCUPATIONAL DISEASES

6. Duty to report accident leading to injury
(1) Where an employee meets with an accident at a workplace and he —

  • is granted more than 3 consecutive days of sick leave by a registered medical practitioner for that injury; or
  • is admitted in a hospital for at least 24 hours for observation or treatment,

the employer of that employee shall, not later than 10 days after the accident, submit a report to the Commissioner.
(2) Where an employee meets with an accident at a workplace which is reported under paragraph (1), and subsequently dies as a result of the injury, the employer of that employee shall, as soon as is reasonably practicable, notify the Commissioner of the death.
(3) Where any person who is not at work or any self-employed person meets with an accident at a workplace which requires him to be taken to a hospital for treatment in respect of that injury, the occupier of the workplace shall, as soon as is reasonably practicable, notify the Commissioner of the accident.

7. Duty to report occupational disease
(1) Where an employee suffers an occupational disease at a workplace, and the employer of that employee receives a written statement prepared by a registered medical practitioner diagnosing the occupational disease, the employer shall, not later than 10 days after receipt of the written diagnosis, submit a report to the Commissioner.
(2) Any registered medical practitioner who diagnoses any employee with an occupational disease shall, not later than 10 days after the diagnosis, submit a report to the Commissioner.

PART IV MISCELLANEOUS
8. Duty to keep records
(1) Employer and occupier of a workplace shall keep a record of every notification or report made by him under these Regulations.
(2) The employer or occupier shall keep every record made by him for a period of 3 years from the time of the notification or report.
(3) The employer or occupier shall furnish the Commissioner with such extracts of his records as the Commissioner may from time to time require.

9. Form and manner of notification and reporting
Any notification or reporting required under regulations 4 to 7 shall be made in such form and manner as set out at the website http://www.mom.gov.sg/iReport
10. Offences
(1) Any —

  • employer who contravenes regulation 4 (1) or (3), 6 (1) or (2), 7 (1) or 8;
  • occupier of a workplace who contravenes regulation 4 (2) or (3), 5, 6 (3) or 8; or
  • registered medical practitioner who contravenes regulation 7 (2),

shall be guilty of an offence and shall be liable on conviction —

  • for a 1st offence, to a fine not exceeding $5,000; and
  • for a 2nd or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) Any person who knowingly makes any false notification or report to the Commissioner about the occurrence at any workplace of any accident, dangerous occurrence or occupational disease shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

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