A HEALTHLY WORKFORCE IN A SAFE WORKPLACE
OCCUPATIONAL SAFETY & HEALTH DIVISION
YEAR IN REVIEW 2015
A HEALTHLY WORKFORCE IN A SAFE WORKPLACE
OCCUPATIONAL SAFETY & HEALTH DIVISION
YEAR IN REVIEW 2015
On top of capability building, an effective regulatory framework is vital to ensure that WSH standards are maintained. This is done by implementing the Workplace Safety and Health Act (WSHA) and Work Injury Compensation Act (WICA). Targeted interventions and enforcement actions are developed based on a comprehensive analysis of industry trends and developments.
Together with consultations from relevant industry stakeholders, OSHD actively reviews the WSH legislation to ensure that it remains robust, relevant and effective.
REVIEW OF WSH (CONSTRUCTION) REGULATIONS
The WSH (Construction) Regulations was first enacted in 2007 after a review of its predecessor, the Factories (Building Operations and Works of Engineering Construction) Regulations. Since then, no amendment has been made to the Regulations, apart from consequential amendments which arose from the enactment of other Regulations such as the WSH (Work at Heights) Regulations. Hence, it is timely for the Regulations to be reviewed to ensure that the provisions continue to remain relevant and effective. Consultations with the industry as well as members of the public will be conducted in the first half of 2016. The amended WSH (Construction) Regulations are expected to be enacted in the second half of 2016.
WSH (DESIGN FOR SAFETY) REGULATIONS
The WSH (Design for Safety) (DfS) Regulations were gazetted on 10 July 2015, and will come into effect on 1 August 2016. Construction projects with contract sum of $10 million or more are required to comply with the Regulations. Key features of the Regulations:
ENHANCED DEMERIT POINTS SYSTEM
While the construction sector has improved its WSH performance gradually over the years, it continues to account for the highest number of work-related fatalities across all sectors. The construction sector accounted for 27 out of 60 fatalities in 2014. First announced by Mr Hawazi Daipi, Senior Parliamentary Secretary of Singapore, in February 2015, MOM outlined new measures that the Ministry will take to combat this unhealthy trend. One of the measures was to strengthen the Demerit Points System (DPS).
First introduced in 2000, the DPS identifies construction companies with unsafe work practices, and administers corrective actions and penalties if their safety records do not improve. The enhanced system would improve efficiency in identifying contractors with poor work practices and further urge contractors to adopt a more proactive and serious view towards the safety of their workers.
The enhancements were finalised after consultations with the construction industry, including the WSH Council’s Construction and Landscape Committee and the Singapore Contractors Association Limited. We hope the enhanced DPS would drive contractors to make greater efforts to improve worksite safety so as to safeguard the life and limbs of our workers.
THERE WERE FOUR KEY CHANGES TO THE DPS WHICH WERE ENFORCED FROM 1 JULY 2015:
Operations form the backbone of our regulatory framework. Our enforcement efforts ensure that stakeholders maintain and manage good standards of safety and health at their workplaces.
WORKPLACE INSPECTION
Through inspections, we ensure that workplaces have good safety and health standards in place and employers are proactive in their management of WSH. The Occupational Safety and Health Inspectorate adopts an enforcement strategy of “targeting where it matters”. Targeted inspections and sustained enforcement actions are contingent on analysis of industry trends and WSH statistics. Therefore, higher risk workplaces are the focus of OSHD’s enforcement efforts, so that we can deliver the greatest impact in improving WSH performance.
To maintain enforcement oversight on all workplaces, OSHD deploys an Auxiliary Enforcement Agency (AEA) to complement enforcement resources on the ground. The AEA focuses on low risk workplaces, increasing compliance and awareness of WSH.
As an effective and proportionate regulator, enforcement actions are guided by a risk-based framework. Penalties that may arise from an enforcement inspection may include one or a combination of the following: prosecution in court, composition fines, notices of non-compliance, advisories, warning letters, stop work orders and remedial orders. In addition, demerit points or other administrative measures may also be taken.
ACCIDENT INVESTIGATIONS
Accident investigations are another key pillar in OSHD’s regulatory framework. OSHD strongly believes that learning from past accidents and mistakes is critical in driving WSH improvements. We will carry out investigations of serious workplace incidents, such as fatalities and dangerous occurrences. The investigations aim to uncover the root cause(s) of the incidents so as to guide the development and implementation of effective control measures and systemic interventions to prevent recurrences.
Critical findings and lessons learnt from accident investigations will be disseminated to various industry stakeholders for learning purposes. This is done through the WSH Council’s WSH Bulletin (a free e-newsletter featuring incident alerts, case studies, WSH articles and announcements), seminars, workshops as well as through publications and videos. Investigations also help OSHD to determine the culpability of parties responsible for the incidents so that the appropriate punitive action can be sought either administratively, or based on the WSH Act.
CLUSTER OPERATIONS (COPS)
Cluster Operations (COPS) is a workplace inspection programme where specific clusters of workplaces are selected based on ground intelligence and inspected over a specified period of time. It is based on an approach where we leverage on the media to achieve a multiplier effect for our enforcement efforts thereby optimising enforcement resources. Under this approach, information on the selected sector, nature of work or geographical locations targeted for inspections are announced prior to the actual inspections. The media may be invited to participate in some of these inspections. After the inspection blitz, typically lasting for about a month, findings from the operations are publicised and shared with the industry, as well as with other stakeholders, such as developers or industry associations.
LICENSING
OSHD leverages on licensing framework as an enforcement tool to influence WSH in Singapore.
Under the OSHD Licensing framework, licensed WSH service providers and personnel [Competent Organisation (CO) and Competent Person (CP)] must fulfil stipulated levels of competency and other WSH requirements before they are approved to perform controlled activities. After licence approval, the COs and CPs must also maintain standards by engaging firms to conduct independent audits of their WSH Management Systems at regular intervals or attending WSH courses respectively.
To ensure relevance to latest industry WSH developments and meet industry needs, the licensing framework and its processes are reviewed regularly. In November 2015, the enhanced plastic card certificate was introduced to replace the former laminated paper certificate for all CPs.
Terms and conditions of licences are also reviewed to strengthen assessment systems and processes, improve accountability and clarify ambiguities. Audits are also carried out to ensure compliance. Licensed organisations and persons that fail to comply with the WSH legislations or their Terms and Conditions may have licences suspended or cancelled.
In 2015, penalties were issued to 33 errant CPs or COs. These included the cancellation or suspension of licence approval and official warnings.
FIVE GROUPS OF LICENSES REGULATE KEY PERSONNEL OR SERVICE PROVIDERS WITH SIGNIFICANT IMPACT ON WSH WHICH WERE ENFORCED FROM 1 JULY 2015
At times, engagement and enforcement resources have to be deployed to targeted industries or sectors that require more attention. These industries or sectors may have experienced a spate of accidents or may be green to WSH.
OPERATIONS WEAVERBIRD
Operations Weaverbird is a special operation targeting unsafe use of prefabricated concrete wall panels conducted in June 2015. The operation was launched following recent fatal cases involving collapse of prefabricated concrete wall panels. The operation targeted 24 construction projects which included schools, factories and private developments that were using such systems. It resulted in over 40 fines and Notices of Non-Compliance (NNCs) issued to errant companies. Findings on industry practices were brought to the attention of suppliers of such systems of which solutions to address issues with transportation and installation of such systems were looked into.
NOISE-INDUCED DEAFNESS (NID) PREVENTION PROGRAMME AUDIT
Noise-induced deafness (NID) continues to be the leading occupational disease in Singapore, accounting for about 60% of occupational diseases. In 2014, a total of 594 workers were diagnosed with NID, out of which 139 cases were reported in Marine Industry. This represents 23.4% of total NID cases reported in Singapore for 2014.
MOM conducted an audit on the implementation of Hearing Conservation Programme (HCP) in the Marine industry from August 2015 to October 2015. A total of 23 shipyards were involved in the audit. The audit focused on key elements of HCP, such as noise monitoring, noise control, hazard communication, medical surveillance and usage of hearing protection.
Some of major audit findings include a lack of noise control plan and failure to conduct annual hearing conservation programme training.
OPERATIONS SUNBIRD
Operations Sunbird was launched in January 2015 targeting the construction sector, focusing on formwork, work at height and lifting operations. The proactive enforcement operation was initiated arising from observation of increase in accidents in early 2014. A total of 214 construction sites were inspected including 6 worksites that were issued with Stop-Work Orders (SWO). The Ministry issued 272 Notices of Non-Compliance and 147 fines totaling $156,000.
OPERATIONS COLD TURKEY
Operations Cold Turkey was mounted in June 2015 following observations of unsafe tentage erection and dismantling works. In total, 15 tentage erection/dismantling sites were inspected as part of Operations Cold Turkey. The most common findings were lack of measures to prevent falling from height while working on top of the tentage, failure to provide safe access as well as failure to restrict access into the work area Altogether, 15 CFs and 36 Notices of non-compliance (NNCs) was issued.
OPERATIONS RAZORBILL
In Aug and Sep 2015, the Ministry conducted Operations Razorbill, a Programme-based Engagement (ProBE) Plus initiative focusing on WAH safety. Close to 300 worksites were targeted during the 5 week long operation. 79 companies were issued composition fines (CFs) amounting to more than $240,000. Stop Work Orders (SWOs) were issued to 22 companies with severe WAH lapses. Top areas of contraventions found include open sides and openings at work areas that were left unguarded, lack of safe means of access to and from work areas and unsafe scaffolds.
OPERATIONS BLUE JAY
Following the occurrence of two fatal cases involving collapsed storage racks in 2014 and early 2015, Operations Blue Jay was conducted to check on the storage facilities of the logistics industry during 3Q 2015. Issues that were observed during the Operations include damaged racks, racks that are loaded beyond their SWL, unsecured or unstable racks and lack of risk assessment and safe work procedures for works related to warehousing and storage.
PROBE PLUS WAH ENFORCEMENT OPERATION
More than 250 workplaces were inspected during the ProBE Plus WAH enforcement operation held in August and September 2015. The operation focused on work at heights safety at construction sites, and uncovered close to 500 WSH violations.
Common WAH lapses uncovered included:
To ensure compliance with the law and deterrence from poor WSH management, enforcement action needs to be meted out. Penalties that may arise from an enforcement inspection may include one or a combination of the following:
DEMERIT POINT SYSTEM (DPS)
The DPS was first introduced in 2000 as a means to encourage construction contractors with poor WSH records to improve on their performance. Over the years, the DPS had undergone reviews to ensure that it remains relevant and serves to enhance WSH in the construction industry.
Under the DPS, contractors in the construction sector can be given demerit points for breaching the Workplace Safety and Health Act. The number of demerit points awarded depends on the severity of the breach. All main and sub-contractors will be issued with demerit points for breaches under the Workplace Safety and Health Act and relevant subsidiary legislation.
However, as the construction sector continues to account for over 50% of all fatalities, the safety performance in the construction sector needs to improve exponentially over the next few years in order to lower the fatality rate per 100,000 employees. Besides stepping up enforcement measures, the DPS is also a key deterrence lever to spur WSH improvement in the construction sector.
In 2015, after the implementation of the enhanced DPS, 74 contractors were issued demerit points and 1 contractor was barred from hiring foreign workers.
BUSINESS UNDER SURVEILLANCE (BUS)
The BUS programme helps poor-performing companies improve their WSH performance by requiring them to develop and implement a robust safety and health management system. Companies on the BUS programme would have typically recorded serious accidents, demonstrated poor WSH management (such as poor site conditions that resulted in Stop Work Orders), or accumulated demerit points. The programme is designed to help these companies raise their WSH standards to a sustainable level so that they can effectively manage the risks associated with their work activities.
In 2015, the BUS programme helped to address the systemic weaknesses of more than 55 companies.
THE BUS PROGRAMME CONSISTS OF TWO PHASES: ASSESSMENT AND SURVEILLANCE
THE ASSESSMENT PHASE
THE SURVEILLANCE PHASE
CONTRAVENTION OF THE WORK INJURY COMPENSATION ACT (WICA)
EARLY REPATRIATION OF FRIVOLOUS FOREIGN CLAIMANTS ON SPECIAL PASS
Special Passes are issued to legitimise the stay of foreign claimants when their employments have been terminated and they need to stay in Singapore for the purpose of their WIC claims. The numbers of SP holders have increased significantly, and MOM has seen a pattern of workers filing work injury claims for injuries that are subsequently found not to be work-related. Dealing with such frivolous claims takes up considerable resources that could otherwise be better spent ensuring other genuine claimants have their claims settled expeditiously.
To ensure that WICA remains an expeditious system and to prevent gaming of the WIC system, MOM has revised part of the work injury process to allow for the early repatriation of foreign claimants on SP if investigations find that the accidents are not work-related accidents and if the claimants cannot produce new evidence to prove their claim. However, the claimants can still raise objections to the investigation findings but their presence will not be required in Singapore. They will need to fly back on their own expense to defend their claim. In 2015, 135 foreign claimants were repatriated under this process.
PROSECUTION MEASURES FOR CONTRAVENTIONS UNDER THE WICA
In 2015, MOM took one employer and five claimants to court for contraventions under the WICA. The employer had failed to pay compensation to the injured employee. The employer was convicted and fined S$8,000.
Five claimants, all foreign nationals, were found to have made fraudulent claims and/or given false statements under the WICA. Four of them were convicted and jailed between two and six weeks. The fifth claimant was convicted and fined $2,500.
With the extension WSH Act to all workplaces since 2011, OSHD has to find innovative ways to ‘do more with less’. Technology has played an important role in complementing MOM’s operations and ensuring enforcement and services are utilised strategically.
MOBILE IOSH ENHANCEMENT
This is a continuous enhancement to the earlier release of mobile iOSH in 2014. The effort focused on usability improvement and functional development of the mobile application so that our inspectors can complete the full cycle of inspection more seamlessly and efficiently using tablets.
The scope of enhancement includes:
Application icon of mobile iOSH
MOM WEBSITE REVAMP
A fresh makeover was given to the MOM internet website which was launched on 8 May 2015. The new look comes with more interactive features and customer-centric content that meets high usability standards so that our customers are able to find assistance more easily now.
Supporting the launch, there were many rounds of content reviews and focus group studies to understand customer needs and pain points. These inputs were then used to build a new customer-centric website.
MOM HACKATHON
The Manpower Hackathon, an event to crowdsource ideas to tackle manpower challenges through technology, officially kicked off on Friday, 6 February 2015, with over 100 participants signed up. OSHD put up a problem statement “Driving Excellence through Workplace Safety and Health” for participants to collaborate, brainstorm ideas and co-create solutions.
After many rounds of brainstorming sessions and intense discussions, a few interesting proposals such as mobile application for foreign workers, gamifications for managing WSH issues as well as using virtual reality technology to enrich WSH education and awareness surfaced as potential solutions to improve WSH standards.
MOM INSIGHTS – FULL MIGRATION FROM HYPERION TO BUSINESS INTELLIGENCE (BI) TOOL WITH OSHD AS A PILOT USER
OSHD was the pilot user of MOM Insights, a Business Intelligence (BI) tool to enhance operational effectiveness and efficiency in extracting and analysing our statistics. The BI Tool was launched in 2014 and in 2015, when OSHD transited to BI from Hyperion, the former data query tool.
To build up the capabilities of power users, a one month “BI Boot Camp” was conducted in October to November 2015 to build up the capabilities of our Power Users. There were 2 segments conducted; 1st segment was a customised 4-day course conducted by a Microsoft trainer and the 2nd segment was conducted by in-house ISTD’s developers using OSHD’s data. A total of 70 data views were developed using BI in 2015 for more dynamic and real-time reporting.
LAUNCH OF NEW COMPETENT PERSON (CP) CARD
With effect from 5 November 2015, the Ministry of Manpower (MOM) has issued the new certificate card for Competent Persons (CPs), such as the Workplace Safety and Health (WSH) Officers, Designated Workplace Doctors and Authorised Examiners who are required to register with MOM under the WSH Act and its subsidiary regulations. The new certificate card (CP Card) elevates both the professionalism of CPs and card security.
IOSH ESERVICES TRANSFORMATION
iOSH eServices Transformation aims to enhance user experience when performing online transactions. eServices pages were improved through simplification of content and reconfiguration of page layout for more seamless electronic transactions.
CR WATCH
The CR Watch is a call reduction project initiated to analyse data trends to identify the reasons and root causes of high volumes of enquiries. Intervention plans are then developed with the respective departments to tackle the top major issues that have resulted in the high volume. Consistent tracking is done to ensure effectiveness, and this is just one of many steps closer towards enhancing customer experiences and reducing high volumes.
EXCELLENCE IN SERVICE (EXIS)
Trust is important in all our work and to strengthen trust, we must put customers at the centre of what we do. Thus, MOM established a new framework “Excellence in Service (ExiS)” along with a new service vision, which is to achieve a trusted and customer-centric MOM. Through the 3 strategies of helping customers help themselves, delivering the right experience and serving with “HEART”, it is hoped to enhance customer satisfaction, cultivate a strong service culture and mindset within MOM and the optimal use of resources in service delivery. This is in perfect alignment with OSHD’s vision.
