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Changes to Workplace Safety and Health Incident Reporting Requirements from 6 January 2014

Workplace safety and health
  1. From 6 January 2014 (Monday), employers have to report to the Ministry of Manpower (MOM) all accidents which render their employees unfit for work for more than three days, regardless of whether these were consecutive days. Employers will also have to report all work-related traffic accidents involving their employees under the Workplace Safety and Health (Incident Reporting) Regulations.

    Background
  2. MOM had received feedback from the industry that errant employers could bypass the previous Workplace Safety and Health (WSH) reporting requirements by breaking up medical leave of injured employees, so that it is not more than three consecutive days. With the amended reporting requirements, if the injury sustained by the employee resulted in a total of more than three days’ medical leave, such accidents must be reported.
  3. It is important that MOM’s reporting database reflects an accurate picture of the number of WSH incidents, so that we can appropriately calibrate our engagement and enforcement actions. The errant practices can obscure the actual severity of the accidents that have occurred, and prevent MOM from getting an accurate picture of the reality on the ground.
  4. In addition, with the extension of the WSH Act in September 2011 to cover all workplaces, there have been efforts made to improve work-related traffic safety. In March 2013, following a spate of high-profile work-related traffic accidents, MOM had considered making such accidents reportable under the Workplace Safety and Health (Incident Reporting) Regulations. This would send a clear signal that that employers need to better manage traffic safety.
  5. MOM conducted a round of public consultations (from 3 September to 23 September 2013) on proposed amendments to address this issue. We are heartened to note that there was a consensus supporting the amendments.

    Changes to the reporting requirements
  6. In summary, the changes to the reporting requirements are set out below:

    a) Employers now have to report all accidents which render their employees unfit for work for more than three days, regardless of whether these were consecutive days. These accidents must be reported to MOM within 10 calendar days from the fourth day of medical leave. This is to discourage the practice of breaking up medical leave unnecessarily, which could affect employees’ recovery process and the integrity of our incident reporting framework. More information on the reporting requirements is in Annex A.

    b) Employers of employees involved in work-related traffic accidents will be required to report such accidents to the Commissioner for Workplace Safety and Health. This is to emphasise the employer’s duty under the WSH Act to manage traffic safety and better track work-related traffic accidents.

    Penalties for failure to report
  7. Any employer who fails to make an incident report as required by law is liable to be:

    a. Fined up to $5,000 for a first-time offence; or
    b. Fined up to $10,000 and/or jailed up to six months for subsequent offences.

    For information
  8. Employers can email MOM at mom_oshd@mom.gov.sg if they require further clarifications.
Annex A

What to report:

Example Compulsory to report before 6 Jan 2014? Compulsory to report after 6 Jan 2014?
 A kitchen worker cuts his finger while chopping meat. He is given a total of two days of medical leave.
No No
A kitchen worker cuts his finger while chopping meat. He is initially given two days of medical leave. He returned to work for one day. He is later given another two days of medical leave for the same injury.  No Yes 
A kitchen worker cuts his finger while chopping meat. He is given four days of medical leave.  Yes Yes 
When to report:

Example When to report
A kitchen worker cuts his finger while chopping meat. He is initially given two days of medical leave for 1 and 2 Feb. He returned to work for one day. He is later given another two days of medical leave for the same injury for 4 and 5 Feb. In this scenario, the employee’s fourth day of medical leave would fall on 5 Feb. Therefore the employer should report the incident to MOM by 14 Feb.
A kitchen worker cuts his finger while chopping meat. He is given a total of four days of medical leave for 1 to 4 Feb. In this scenario, the employee’s fourth day of medical leave would fall on 4 Feb. Therefore the employer should report the incident to MOM by 13 Feb.