Workplace Safety and Health Act

Key Features

The Workplace Safety and Health Act 2006 was passed by Parliament on 17 January 2006, and it has come into force on the 1 March 2006.

The Workplace Safety and Health Act (‘Act’) has repeal the Factories Act and, in its place, provide for the following:

• secure the safety, health and welfare of persons at work in workplaces;
• impose employers, workplaces, persons at work, manufacturers or suppliers of machinery or equipment for use at work, persons who erect, install or modify machinery or equipment and persons having control over common areas etc,
• provide a range of enforcement methods, so as to enable an appropriate response to a failure to comply with the Act depending on its nature; provide for the appointment of authorized examiners and inspectors to carry out safety and health inspections prescribed under the Act and provide for safety and health management arrangements.

The Act defines the term ‘workplace’ to mean any premises where a Person is at work or is to work, for the time being works, or customarily works. The term ‘workplace’ includes a factory.


ii) Responsibility for Safety Should Lie on Those who Create Risks

The Act has expanded the responsibility and better define persons who are accountable for safety outcomes. Specifically, liability is assigned to occupiers for dangers arising from the physical environment under their control, whilst another will assign responsibility for safety to employers and self-employed persons respectively.

This responsibility has also extended to cover principals who engage contractors for specialized tasks or the services of workers from third party labour suppliers.


iii) Scope of Risks Have Been Widened

Taking into account that workplace accidents may have catastrophic effects not only on their employees, but also members of the public, the Act has expanded accountability for OSH risks to include risks posed to members of the public by employers, self-employed persons and principals.

Most accidents involving dangerous machines and toxic chemicals are caused not by inherent defects, but by ignorance of risk and inattention to necessary safety precautions. Hence manufacturers and suppliers of high-risk machinery, equipment, toxic chemicals, hazardous substances specified in the 5 th schedule must ensure that

a) It is safe for their intended use.

b) Provide adequate and comprehensive information on use and the precautions to be taken.

c) Such information should be documented and made available at the point of sale.

Penalties

General Penalties for Offences – Table shows the general maximum penalty for offences

Are you or your organization ready?

Take a short quiz to test your adequacy and understanding of the Workplace Safety and Health Act 2006. Choose Yes or No and check your answers at the end of the 10 questions.

Questions

• Do you know the employer and employees' duties to reduce workplace risks ?
• Do you know what are the uninsured costs of an accident? Legal cost, stop work order, investigation times, fines, production delay and jail term (Based on a study undertake by UK HSE, the indirect cost or hidden cost of any accident or incidence of ill-health could be 36 times greater than the direct cost of an accident)
• Are you able to identify and assess a situation that can be potentially be a risk to you and your employee?
• Would you able to evaluate risk control measures for suitability and effectiveness?
• Do you currently have emergencies procedures in place to handle all emergencies?
• Are you able to ensure that the Risk Assessment remain appropriate to the nature of work and valid over a reasonable period of time
• Do you provide adequate OSH information, instruction and training about the workplace risks to your workers?
• Are you aware of the duties of an employer is extended to cover contractors, visitors, customers and members of public if they are affected by the activities under the Workplace Safety Health Act 2006?
• What are the legal aspects of risk assessement for employer, principle, self employed, person at work and employees?
• Are you confident that your current safety management system is adequate to demonstrate reasonable practicable measures to manage your workplace risks?
  

Scoring Recommendations
For every question answered Yes please give 1 helmet. For every question answered No, zero helmet

8-10 helmets - Congratulations. You have an excellent understanding of the WSH Act and demonstrated clear application of the Risk Management Process in your organization.

5 – 8 helmets - Good. You have demonstrated an average understanding of the WSH Act. There are areas that could be improved to

3 – 5 helmets – Fair. You are at risk of insufficient measures and procedures in place to protect your workers and yourself. You need to update your Workplace Safety and Health (WSH) knowledge and how you take steps of improving the safety in your workplace.

0 – 3 helmets. Your organization or yourself is at a high-risk category of an accident happening in your workplace. You need to urgently consult a professional to advise you on your legal liabilities & how to implement Risk Management procedures under the Workplace Safety and Health Act 2006. Contact us to advise how i2-SAFE can help you and your organization.