ISSUES IN THE IMPLEMENTATION OF THE WORKPLACE SAFETY AND HEALTH ACT, 2006 IN SINGAPORE'S CONSTRUCTION INDUSTRY

Abstract

Safety is a critical issue when it comes to the construction industry as the accident and fatality rates are among the highest in most countries around the world. The new implementation of the Workplace Safety and Health Act (WSH Act) by the Singapore government has reduced the accident fatalities over the years since 2004. Nevertheless, accidents on site are still occurring in the construction industry. This dissertation aims to identify the issues in the implementation of the WSH Act in Singapore’s construction industry and provide recommendations.

A literature review and case studies of court judgments have been conducted as the chosen research methodologies. The definitions of workplaces and stakeholders are first discussed followed by the understanding of the concept of risk assessment, the elimination and control of risk and the three principles of the new WSH framework. A study of the general duties of persons at workplaces in legal terms in the identified sections of the WSH Act is then made. Lastly, the author has studied some of the notable cases to identify the issues in the implementation of the WSH Act and to have a better understanding of Singapore’s legal position on such issues.

The dissertation shows that the standard requirement in the WSH Act which, requires all stakeholders to take reasonably practicable measures to ensure the safety and health of all workers and other people affected by the work carried out, is an essential role in ensuring the safety and health of all workers and non-workers at a workplace. It is observed that offenders often fail to take ownership and be proactive when it comes to the safety and health of their workers and often choose the easy way out with negligence and pushing the blame to other parties after the accident occurred. The author believes it is the human element to be blamed as the offenders do not see the importance of obliging to their statutory duty thus, resulting in disastrous consequences. Hence, for a successful implementation of the WSH Act, parties have to first acknowledge their statutory duty and emphasize on fulfilling their duty so as to improve the overall workplace safety and health of Singapore’s construction industry.