Workplace Safety and Health Act Proceedings Commenced against Worker, Employer or Both

100 Dr Tan Wu Meng asked the Minister for Manpower in respect of fatal workplace accidents over the past five years involving alleged negligence by workers, in how many instances were Workplace Safety and Health Act proceedings commenced against (i) a worker (ii) the employer and (iii) both worker and employer, respectively.

Dr Tan See Leng: Since 2016, MOM has prosecuted 34 persons for negligent acts that resulted in a workplace fatality. In 26 of those cases, charges were also preferred against the employer, the occupier, or the principal. As Workplace Safety and Health Act (WSHA) cases usually originate from negligent acts of individuals, we investigate each case carefully before making our recommendation to the Public Prosecutor. Ultimately, the Public Prosecutor decides which party should be prosecuted.

Ensuring workplace safety and health remains a concerted effort by both employers and workers. While employers have a duty under the WSHA to ensure that their employees work safely, workers also have a duty to ensure that they do not negligently endanger the workers around them or under their charge.