Workplace Safety and Health (Workplace Safety and Health Officers) Regulations

These Regulations may be cited as the Workplace Safety and Health (Workplace Safety and Health Officers) Regulations.

—(1) A person may apply to the Commissioner for his approval to act as a workplace safety and health officer.(2) An application under paragraph (1) shall be accompanied by the appropriate fee specified in the First Schedule and such fee shall not be refundable.

A person may apply to the Commissioner for his approval to act as a workplace safety and health officer.

An application under paragraph (1) shall be accompanied by the appropriate fee specified in the First Schedule and such fee shall not be refundable.

For the purposes of section 33(3)(a) of the Act, a person may be approved to act as a workplace safety and health officer if he satisfies the Commissioner that —(a)he has —(i)successfully completed a training course to equip him to become a workplace safety and health officer; and(ii)at least 2 years’ practical experience relevant to the work to be performed by a workplace safety and health officer; or(b)although not having the qualifications and practical experience in paragraph (a), he nevertheless has had such other qualifications and practical experience as to render him, in the Commissioner’s opinion, competent to act as a workplace safety and health officer.

—(1) A certificate of approval for a person to act as a workplace safety and health officer shall, unless the approval for the person to so act is earlier cancelled, be valid for a period of 2 years from the date of approval or for such shorter period as the Commissioner may specify in the certificate of approval.(2) A certificate of approval issued shall not be transferable.(3) Where a certificate of approval is lost, destroyed or defaced, the holder of the certificate may apply to the Commissioner for a replacement certificate on payment of the appropriate fee specified in the First Schedule.(4) An application under paragraph (3) to the Commissioner shall be supported by such documentary proof that the certificate of approval issued earlier has been lost, destroyed or defaced.

A certificate of approval for a person to act as a workplace safety and health officer shall, unless the approval for the person to so act is earlier cancelled, be valid for a period of 2 years from the date of approval or for such shorter period as the Commissioner may specify in the certificate of approval.

A certificate of approval issued shall not be transferable.

Where a certificate of approval is lost, destroyed or defaced, the holder of the certificate may apply to the Commissioner for a replacement certificate on payment of the appropriate fee specified in the First Schedule.

An application under paragraph (3) to the Commissioner shall be supported by such documentary proof that the certificate of approval issued earlier has been lost, destroyed or defaced.

—(1) An application by a person for the renewal of the Commissioner’s approval of the person to act as a workplace safety and health officer shall be made in such form and manner as the Commissioner may determine, and shall be accompanied by the appropriate fee specified in the First Schedule.(2) Any renewal fee paid under paragraph (1) shall not be refundable.(3) Upon receiving an application for the renewal of approval under paragraph (1), the Commissioner may —(a)renew the approval to act as a workplace safety and health officer for a period of 2 years; or(b)refuse the renewal application if the Commissioner is satisfied that the applicant is no longer a fit and proper person to act as a workplace safety and health officer.

An application by a person for the renewal of the Commissioner’s approval of the person to act as a workplace safety and health officer shall be made in such form and manner as the Commissioner may determine, and shall be accompanied by the appropriate fee specified in the First Schedule.

Any renewal fee paid under paragraph (1) shall not be refundable.

Upon receiving an application for the renewal of approval under paragraph (1), the Commissioner may —(a)renew the approval to act as a workplace safety and health officer for a period of 2 years; or(b)refuse the renewal application if the Commissioner is satisfied that the applicant is no longer a fit and proper person to act as a workplace safety and health officer.

The Commissioner shall keep an up-to-date register of all persons approved to act as workplace safety and health officers.

—(1) The Commissioner may, in granting any person approval to act as a workplace safety and health officer, impose as a condition the requirement for the person to attend such training courses which, in the opinion of the Commissioner, are relevant to the work of a workplace safety and health officer.(2) Where a workplace safety and health officer fails to comply with paragraph (1), the Commissioner may —(a)cancel the approval of the person as a workplace safety and health officer; or(b)refuse the renewal application of a person as a workplace safety and health officer.

The Commissioner may, in granting any person approval to act as a workplace safety and health officer, impose as a condition the requirement for the person to attend such training courses which, in the opinion of the Commissioner, are relevant to the work of a workplace safety and health officer.

Where a workplace safety and health officer fails to comply with paragraph (1), the Commissioner may —(a)cancel the approval of the person as a workplace safety and health officer; or(b)refuse the renewal application of a person as a workplace safety and health officer.

—(1) Every workplace within the prescribed class or description of workplaces specified in the Second Schedule shall have appointed in writing in respect thereof a workplace safety and health officer.(2) A workplace safety and health officer referred to in paragraph (1) shall be appointed by the occupier of a workplace.(3) An occupier of a workplace who, without reasonable excuse, fails to appoint a workplace safety and health officer as required by paragraph (2) shall be guilty of an offence and shall be liable on conviction —(a)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; or(b)if the occupier of the workplace is a repeat offender, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.(4) In paragraph (3), “repeat offender”, in relation to an offence, means an occupier of a workplace who —(a)is convicted, or found guilty, of an offence specified in the first column of the following table (called the current offence); and(b)has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of that table, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted, or found guilty, of the current offence.First columnCurrent offenceSecond columnPrevious offence1.Offence under paragraph (3) (a)the current offence (other than a continuing offence); or(b)an offence under paragraph (3) as in force immediately before 1 June 2024 (other than a continuing offence)

Every workplace within the prescribed class or description of workplaces specified in the Second Schedule shall have appointed in writing in respect thereof a workplace safety and health officer.

A workplace safety and health officer referred to in paragraph (1) shall be appointed by the occupier of a workplace.

An occupier of a workplace who, without reasonable excuse, fails to appoint a workplace safety and health officer as required by paragraph (2) shall be guilty of an offence and shall be liable on conviction —(a)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; or(b)if the occupier of the workplace is a repeat offender, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

In paragraph (3), “repeat offender”, in relation to an offence, means an occupier of a workplace who —(a)is convicted, or found guilty, of an offence specified in the first column of the following table (called the current offence); and(b)has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of that table, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted, or found guilty, of the current offence.First columnCurrent offenceSecond columnPrevious offence1.Offence under paragraph (3) (a)the current offence (other than a continuing offence); or(b)an offence under paragraph (3) as in force immediately before 1 June 2024 (other than a continuing offence)

—(1) The duties of a workplace safety and health officer appointed in respect of a workplace shall be —(a)to assist the occupier of the workplace or other person in charge of the workplace to identify and assess any foreseeable risk arising from the workplace or work processes therein;(b)to recommend to the occupier of the workplace or other person in charge of the workplace reasonably practicable measures to eliminate any foreseeable risk to any person who is at work in that workplace or may be affected by the occupier’s undertaking in the workplace;(c)where it is not reasonably practicable to eliminate the risk referred to in sub-paragraph (b), to recommend to the occupier of the workplace or other person in charge of the workplace —(i)such reasonably practicable measures to minimise the risk; and(ii)such safe work procedures to control the risk; and(d)to assist the occupier of the workplace or other person in charge of the workplace to implement the measure or safe work procedure referred to in sub-paragraph (b) or (c), as the case may be.(2) A workplace safety and health officer who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —(a)to a fine not exceeding $10,000; or(b)if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.(3) In paragraph (2), “repeat offender”, in relation to an offence, means a workplace safety and health officer who —(a)is convicted, or found guilty, of an offence specified in the first column of the following table (called the current offence); and(b)has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of that table, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted, or found guilty, of the current offence.First columnCurrent offenceSecond columnPrevious offence1.Offence under paragraph (2) (a)the current offence; or(b)an offence under paragraph (2) as in force immediately before 1 June 2024

The duties of a workplace safety and health officer appointed in respect of a workplace shall be —(a)to assist the occupier of the workplace or other person in charge of the workplace to identify and assess any foreseeable risk arising from the workplace or work processes therein;(b)to recommend to the occupier of the workplace or other person in charge of the workplace reasonably practicable measures to eliminate any foreseeable risk to any person who is at work in that workplace or may be affected by the occupier’s undertaking in the workplace;(c)where it is not reasonably practicable to eliminate the risk referred to in sub-paragraph (b), to recommend to the occupier of the workplace or other person in charge of the workplace —(i)such reasonably practicable measures to minimise the risk; and(ii)such safe work procedures to control the risk; and(d)to assist the occupier of the workplace or other person in charge of the workplace to implement the measure or safe work procedure referred to in sub-paragraph (b) or (c), as the case may be.

A workplace safety and health officer who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —(a)to a fine not exceeding $10,000; or(b)if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

In paragraph (2), “repeat offender”, in relation to an offence, means a workplace safety and health officer who —(a)is convicted, or found guilty, of an offence specified in the first column of the following table (called the current offence); and(b)has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of that table, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted, or found guilty, of the current offence.First columnCurrent offenceSecond columnPrevious offence1.Offence under paragraph (2) (a)the current offence; or(b)an offence under paragraph (2) as in force immediately before 1 June 2024

The workplace safety and health officer shall, for the purposes of discharging his duties under regulation 9, have the power to do any or all of the following:(a)to enter, inspect and examine at any reasonable time the workplace;(b)to inspect and examine any machinery, equipment, plant, installation or article in the workplace;(c)to require the production of workplace records, certificates, notices and documents kept or required to be kept under the Act, including any other relevant document, and to inspect and examine any of them;(d)to make such examination and inquiry of the workplace and of any person at work at that workplace as may be necessary to execute his duties;(e)to assess the levels of noise, illumination, heat or harmful or hazardous substances in the workplace and the exposure levels of persons at work therein;(f)to investigate any accident, dangerous occurrence or occupational disease that occurred within the workplace.