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Written Report for Legal Compliance Issues

NAME: JIAO LEI

HP: 96775216

NRIC: S7683461Z

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Background

A multi-national Food and Beverage manufacturing company is planning to set up a


factory in Singapore producing food and beverages. It has leased a factory and
warehouse space from Jurong Town Corporation and will be recruiting a few hundred
local and foreign workers.

The factory utilizes the following items for its production processes:

Bottling and Canning machines

Material handling equipment such as forklifts and reach trucks

Lifting equipment such as overhead cranes

Pressure vessels such as boilers, air receivers and steam receivers

Laboratory facilities for testing and quality control

Warehouses

Various types of hazardous chemicals and substances

Written Report for Legal Compliance

1. Identify the relevant and other legal requirements applicable to safety


and health issues.

The applicable legal and other requirements are listed as below:

Environmental Protection and Management Act

Environmental Public Health Act

Sewage and Drainage Act

Workplace Safety and Health Act

Regulations under Factory Act

Arms and Explosive Act

Control of Vectors and Pesticides Act

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Biosafety Act

Building and Construction Authority Act

Building Control Act

Electricity Act

Employment Act

Fire Safety Act

Fire Safety Code

Hazardous Waste Control of Import, Export and Transit Act

Income Tax Act

Infectious Diseases Act

Public Utility Act

Radiation Protection Act

Road Traffic Act

Smoking Act

Workmens Compensation Act

Code of Practices

Singapore Standards

Other requirements that are applicable from the country where the HQ of the
company locates

2. Identify the WSH legal and other responsibilities and liabilities of


stakeholders

(1) It shall be the duty of every person at work

(a) to use in such manner so as to provide the protection intended, any


suitable appliance, protective clothing, convenience, equipment or other
means or thing provided (whether for his use alone or for use by him in
common with others) for securing his safety, health and welfare while at work;
and

(b) to co-operate with his employer or principal and any other person to such
extent as will enable his employer, principal or the other person, as the case
may be, to comply with the provisions of this Act.

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(2) No person at work shall wilfully or recklessly interfere with or misuse any
appliance, protective clothing, convenience, equipment or other means or thing
provided (whether for his use alone or for use by him in common with others)
pursuant to any requirement under this Act for securing the safety, health or welfare
of persons (including himself) at work.

(3) Any person at work who, without reasonable cause, wilfully or recklessly does
any act which endangers the safety or health of himself or others shall be guilty of an
offence.

(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a
second or subsequent conviction, to a fine not exceeding $2,000.

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3. Explain the WSH legal and other responsibilities and liabilities to
relevant stakeholders

Responsibilities and liabilities of any person at work

(1) Subject to this section, it shall be the duty of any person who
manufactures or supplies any machinery, equipment or hazardous
substance for use at work to ensure, so far as is reasonably practicable

(a) that the following information about the safe use of the machinery,
equipment or hazardous substance is available to any person to whom
the machinery, equipment or hazardous substance is supplied for use at
work:

(i) the precautions (if any) to be taken for the proper use and maintenance
of the machinery, equipment or hazardous substance;

(ii) the health hazards (if any) associated with the machinery, equipment
or hazardous substance; and

(iii) the information relating to and the results of any tests or examinations
of the machinery, equipment or hazardous substance under paragraph (c)
that are relevant to its safe use;

(b) that the machinery, equipment or hazardous substance is safe, and


without risk to health, when properly used;

(c) that the machinery, equipment or hazardous substance is tested and


examined so as to comply with the obligation imposed by paragraph (b).

(2) The duties imposed on any person specified in subsection (1) shall

(a) apply only if the machinery, equipment or hazardous substance is


manufactured or supplied in the course of trade, business, profession or
undertaking carried on by the person, whether for profit or not;

(b) apply whether or not the machinery, equipment or hazardous


substance is exclusively manufactured or supplied for use by persons at
work; and

(c) extend to the supply of the machinery, equipment or hazardous


substance by way of sale, transfer, lease or hire and whether as principal
or agent, and to the supply of the machinery, equipment or hazardous
substance to a person for the purpose of supply to others.

(3) The duties imposed on any person specified in subsection (1) shall not
apply to a person by reason only that the person supplies the machinery
or equipment under a hire-purchase agreement, conditional sale
agreement or credit-sale agreement to another (referred to in this section
as the customer) in the course of a business of financing the acquisition of
the machinery or equipment by the customer from others.

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(4) Where a person (referred to in this subsection as the ostensible
supplier) supplies any machinery or equipment for use at work to a
customer under a hire-purchase agreement, conditional sale agreement
or credit-sale agreement, and the ostensible supplier

(a) carries on the business of financing the acquisition of goods by others


by means of such agreements; and

(b) in the course of that business acquired his interest in the machinery or
equipment supplied to the customer as a means of financing its
acquisition by the customer from a third person (referred to in this
subsection as the effective supplier), the effective supplier shall be treated
for the purposes of this section as supplying the machinery or equipment
to the customer instead of the ostensible supplier, and any duty imposed
by subsection (1) on a supplier shall accordingly apply to the effective
supplier, and not on the ostensible supplier.

(5) Where a person designs, manufactures or supplies any machinery,


equipment or hazardous substance for use at work and does so for or to
another on the basis of a written undertaking by that other to take
specified steps sufficient to ensure, so far as is reasonably practicable,
that the machinery, equipment or hazardous substance will be safe and
without risk to health when properly used, the undertaking shall have the
effect of relieving the first-mentioned person from the duty imposed by
subsection (1)(b) to such extent as is reasonable having regard to the
terms of the undertaking.

(6) Any person required under subsection (1)(c) to ensure that any
machinery, equipment or hazardous substance is examined and tested so
as to comply with the obligation imposed by subsection (1)(b) shall be
regarded as having complied with subsection (1)(c) to the extent that

(a) the examination or test has already been carried out otherwise than
by, or on behalf of, the person; and

(b) it is reasonable for the person to rely on that examination or test.

(7) For the purposes of this section, an absence of safety, or a risk to


health, shall be disregarded in so far as the case in or in relation to which
it would arise is shown to be one the occurrence of which could not
reasonably be foreseen.

(8) In this section, supplier, in relation to any machinery, equipment or


hazardous substance, does not include a manufacturer of those items
when supplying, but includes an importer when supplying those items.

(9) This section shall apply only to machinery, equipment or hazardous


substance specified in the Fifth Schedule.

Duties of persons who erect, install or modify machinery or equipment and


persons in control of machinery for use at work

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(1) It shall be the duty of any person who erects, installs or modifies any
machinery or equipment for use at work to ensure, so far as is reasonably
practicable, that the machinery or equipment is erected, installed or
modified in such a manner that it is safe, and without risk to health, when
properly used.

(2) The duty imposed on a person erecting, installing or modifying any


machinery or equipment under subsection (1) shall apply only if the
machinery or equipment is erected, installed or modified in the course of
the persons trade, business, profession or undertaking.

(3) Any person required under subsection (1) to ensure that any
machinery or equipment is erected, installed or modified in such a manner
that it is safe, and without risk to health, when properly used shall be
regarded as having complied with that subsection to the extent that

(a) the person ensured, so far as is reasonably practicable, that the


erection, installation or modification was in accordance with the
information supplied by the designer, manufacturer or supplier of the
machinery or equipment regarding its erection, installation or modification;
and

(b) it is reasonable for the person to rely on that information.

(4) Where any machinery moved by mechanical power is used in any


workplace, then notwithstanding anything in this Act, it shall be the duty of
the owner of the machinery to ensure

(a) so far as is reasonably practicable, that the machinery is maintained in


a safe condition; and

(b) that the precautions (if any) to be taken for the safe use of the
machinery and the health hazards (if any) associated with the machinery
is available to any person using the machinery.

(5) Where the owner of any machinery moved by mechanical power has
entered into a contract of hire or lease with a hirer or lessee, the duty
imposed under subsection (4) shall apply to the hirer or lessee of the
machinery instead of the owner.

(6) Where the owner, hirer or lessee of any machinery moved by


mechanical power has entered into a contract with another person to
maintain the machinery, the duty under subsection (4)(a) shall apply to
that other person instead of the owner, hirer or lessee of the machinery.

(7) Subsections (1), (2) and (3) shall apply only to machinery or
equipment specified in Part I of the Fifth Schedule.

Other related duties of occupiers and employers

(1) An employer shall not

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(a) deduct, or allow to be deducted, from the sum contracted to be paid by
him to any employee of his; or

(b) receive, or allow any agent of his to receive, any payment from any
employee of his, in respect of anything to be done or provided by him in
accordance with this Act in order to ensure the safety, health or welfare of
any of his employees at work.

(2) An employer shall not dismiss or threaten to dismiss an employee


because the employee

(a) has assisted (whether by the giving of information or otherwise) an


inspector, authorised person or any other public authority in the conduct of
any inspection or investigation under this Act for a breach or an alleged
breach of this Act, or proposes to do so;

(b) has in good faith sought the assistance of, or made a report to an
inspector or authorised person in relation to a safety and health matter, or
proposes to do so;

(c) is performing his duties in good faith as a member of a workplace


safety and health committee; or

(d) has complied with an order made under section 21 or otherwise


complied with this Act, or proposes to do so.

(3) The occupier of a workplace shall cause to be kept in the workplace


the following records:

(a) every document issued in respect of the workplace by the


Commissioner under the provisions of this Act;

(b) a copy of every notice furnished to the Commissioner as required


under this Act; and

(c) all reports and particulars prepared in respect of the workplace under
this Act.

(4) Any occupier of a workplace shall ensure that such records referred to
in subsection (3) shall

(a) be kept for not less than 5 years from the date the records were made
or such other period as may be prescribed; and

(b) whenever required to do so within that period, produce and make


available to an inspector for inspection a copy of the record.

(5) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $5,000 or
to imprisonment for a term not exceeding 6 months or to both.

(6) Any person who contravenes subsection (3) or (4) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $2,000.

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Duties of occupier of common areas

(1) For the purposes of subsection (2), where a building comprises one or
more workplaces, any common property or limited common property of
the building (referred to in this section as the common area) which is used
by persons at work in any such workplace or is used by such persons to
move through shall be treated as part of their workplace.

(2) It shall be the duty of the occupier of the common area to comply with
any provision of this Act with respect to

(a) electric generators and motors located in the common area;

(b) hoists and lifts, lifting gear, lifting appliances and lifting machines
located in the common area;

(c) means of access into or egress from the common area; and

(d) any machinery or plant located in the common area which belongs to
or is supplied by the owner or occupier of the common area.

(3) In this section

common property and limited common property have the same


meanings as in the Building Maintenance and Strata Management

occupier, in relation to a common area, includes the management


corporation or subsidiary management corporation, as the case may be,
having control of that common area.

Offence of breaching duty under this Part

In the event of any contravention of any provision in this Part which


imposes a duty on a person, that person shall be guilty of an offence.

4. Communicate with stakeholders on the implications of the WSH legal


and other requirements in accordance with organizational procedures

Various communication methods can be adopted for the effective


communication with stakeholders. These methods include but are not limited
to:

Formal WSH Committee Meeting as required by the WSH


(Workplace Safety and Health Committee) Regulations;

Training

Email

Reports

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Slogan and campaign

Awareness talks

etc

Consulting your employees

Consultation involves managers and business owners seeking and taking into
account the views of employees before making a decision. You are required
by law to consult with employees, their representatives or recognised trade
unions on:

health and safety issues

changes to the contract of employment

redundancies - if 20 or more are planned

undertakings or transfers, ie the business is to be sold or part of it is to


be contracted out, or the contractor is to be replaced by another

changes to pension schemes

training policies, progress and plans - if the Central Arbitration


Committee has imposed a bargaining method in the statutory trade union
recognition process - see our guide on recognising a trade union - the
issues

You must use the appropriate consultation method depending on the


circumstances, eg through employee representatives, joint consultative
committees/works councils, joint working parties or trade unions/collective
bargaining units.

Voluntary consultation

Many businesses benefit from consulting employees on a regular basis and


making staff aware of ways they can contribute ideas and raise concerns. It's
not always necessary to have elaborate structures for consultation - often ad
hoc groups can work better. See the page in this guide on communicating and
consulting - ways and means.

Techniques for effective consultation include:

explaining final decisions - particularly when employees' views are


rejected

giving credit and recognition to those who provide information which


improves a decision

ensuring that the issues for consultation are relevant to the group of
employees discussing them

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avoiding minor issues and petty grievances

making the outcome of the meeting available to everyone

Where information and consultation systems do not exist already, employees


may make a "valid request" (dated and in writing) for the establishment of a
system. If this happens you will need to make arrangements to allow the
workforce to elect negotiating representatives and then negotiate an
Information and Consultation agreement with those representatives.

The art of good communication

Be clear about what you are trying to achieve and explain to employees
whether you are informing, consulting or negotiating with them.

To encourage a two-way flow of information between employees and


managers, consider:

holding regular meetings

using language your employees understand - not jargon

keeping discussions focused, relevant, local and timely

using open-ended questions to draw out ideas from employees

ensuring your communications reach every employee, ie don't forget


part-time workers, homeworkers and absent workers

using social events to break down barriers and build up trust

When you need to communicate controversial or sensitive issues, eg poor


company results, it is advisable to do this face-to-face. It's usually better to
have a senior manager discussing such important matters. The advantage of
spoken, face-to-face communication is that it's a direct and effective way to
get across facts. It can't be relied upon completely because
misunderstandings and rumours can arise - you may wish to reinforce it with
written confirmation.

You may also want written information available for employees to refer
to.

Make sure that whoever talks to the employees is fully briefed, and
provide an opportunity for employees to ask questions. If you are asked a
question you don't know the answer to, say so - don't bluff. If there is no
answer, explain why. If you can get an answer, undertake to do so by a
given deadline, and keep to it.

Effective written communication is typically accurate, brief and clear.


It's good practice to have copies of all business policies and information in
one place which employees have access to, eg an intranet. Employees

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can look up procedures, duties and contract terms at their convenience or
when they need clarification.

5. Gather workplace information and practices relevant for the assessment


of compliance with WSH legal and other requirements

To assess the level of compliance with relevant legal and other requirements,
the following information is required:

Frequency of injury

Assessment of injury severity

Number (frequency) of inspections and audit

Number of pest control conducted

Percentage of employees that pass the medical screening and


surveillance

Number of machines that have been checked by PE, e.g. pressure


vessel, lifting gear, etc

The quantity of chemicals stored onsite, e.g. whether in line with the
quantity in the license

If chemicals of the 14 explosive precursors are used, whether licenses


are obtained from SPF before use

If chemicals falls the category of poison, whether license is obtained


from NEA

Whether record for purchase and disposal of chemicals are maintained


by the company

The chemicals that will be used in the food and beverage industry include:

Toxic chemicals used as additives;

Flammable chemicals used in the process by the burner, etc

Caustics and acids used in the waste treatment;

Chemicals used for the raw water treatment;

Machineries used in the food industries vary and may include:

Production vessels and containers;

Production equipments, e.g. conveyors, press, pumps, etc

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Process instruments used to indicate the process parameters;

Control room to monitor the process operating conditions;

Tools used for the maintenance;

Vehicles used by the operators for the transferring and transporting of


products, equipments, etc; and

Others

Workplace may also establish its own dormitory inside the premises. Depends
on the size of the company, the size of the dormitory also varies. Employees
may be on different shifts.

As most of these factories are far from residential areas, the company may
also provide transport from nearest MRT station to the factory.

Some of the food may be produced from birds, beef and other meat, which
may have diseases, e.g. HN5, mad cow disease, etc. It is also required and
practiced in the food industry to identify the shelf life of each materials used.
All expired materials must be disposed of properly.

Maintenance was conducted inside the plant based on the schedule. When
immediate maintenance is required, the work will follow relevant SOPs. The
situation will also be evaluated to decide whether external party will be called
to have the job done.

6. Identify gaps between workplace practices and the applicable WSH legal
and other requirements

To identify the existing or potential gaps between workplace practices and the
applicable WSH legal and other requirements, the following activities shall be
taken by the company:

Identify the activities of the company;

Identify the practices used in the company;

Checklist or other methods, where practicable, could be used by the


company to identify the existing practices;

Identify the relevant legal and other requirements based on the legal
requirements;

Compare the existing practices against the requirements;

Corrective and preventive actions shall be identified and taken by the


organization to ensure compliance;

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The gaps between the daily operation of the food and beverage industry and
the practices include:

Improper storage of the chemicals used in the industry

o Quantity of the flammable materials stored in the warehouse


does not tally with the allowable quantity as indicated in the
SCDF certificate;

o Types of the flammable stored does not tally with the SCDF
certificate;

o Quantity and types of toxic or hazardous chemicals, which are


regulated under NEA, do not tally with the NEA license;

o Improper segregation of incompatible chemicals in the


warehouse;

o Others

Improper use and inspection of equipment and tools

o Lack of evidence that the equipment and tools used in the


company were properly inspected;

o Site visit shown that the operators were not using the tools
properly, e.g. no proper PPE was used;

o No evidence that all the forklift drivers have gone through the
forklift driver course;

Lack of evidence that legal register of the company was frequently


reviewed and updated. The last review of the legal register was
conducted in year 2006, which did not capture many changes on the
WSHA regulations and the EPMA.

Inspections were not conducted by the relevant personnel as spelled


out in the SOPs of the company.

Action items arising from the inspections or incident investigations were


not effectively closed out by the responsible persons.

7. Recommend actions to be taken by the relevant stakeholders to comply


with WSH and other legal requirements

Occupier and employer shall:

Proactively identify the hazards of the workplace and implement


effective control measures to reduce the risk to acceptable level;

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Provide all necessary resources to maintain the effectiveness of the
management system and workplace safety and health;

Provide effective communication channel in the company to share all


relevant WSH information;

Ensure the competency of the employees of various levels

Ensure that relevant and required trainings are provided to the


personnel, e.g. forklift driver, electrician, etc

Ensure that inspections are carried in line with the SOPs of the
company and all the action items arising from the inspections are
effectively closed out by the responsible person;

Provide all the necessary resources, e.g. manpower or engaging


consultants, to update the legal register. It shall also be noted that
communication and training shall be provided to the relevant personnel if
the update of the legal requirements are necessary;

Ensure the facilities are provided in the premises for the proper
management of chemicals. Proper segregation shall be provided in the
warehouse. All the licenses shall be frequently updated from the relevant
authorities.

Inspections shall be conducted by the responsible person and the


management shall be notified of any required actions;

Etc

Safety personnel:

Conduct training to the relevant personnel as required by the SOPs

Conduct regular inspections to the plant and ensure that all the
employees are following the SOPs or safety regulations;

Report to the management of any safety issues arising from the


process

Employees:

Ensure all the relevant legal and other requirements are followed;

Ensure all SOPs of the company, which are established on top of legal
requirements, shall be followed during the daily work;

Communicate with its immediate supervisors or person-in-charge of


any WSH hazards in his work;

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8. Advise relevant stakeholders in the application of relevant permits,
licenses, approvals and other legal documents from respective
government agencies

The relevant permits from authorities may include:

SCDF:

Petroleum and flammable material storage license from SCDF FSSD

Transportation license for toxic and flammable chemicals from SCDF


HazMat Department

SCDF FSSD approval of temporary operation of the plant (facility);

SCDF FSSD approval of operation of the plant (facility)

SCDF HazMat approval of QRA study for the evaluation of the risks;

Certificates of first aiders

NEA:

Toxic chemicals storage license from NEA

Toxic chemical transportation from NEA

License for tanker drivers;

License for toxic chemical operators

Approval from NEA for QRA study for the operation of the plant (toxic
chemicals mainly)

Discharge license from NEA

Pass NEA SMS audit by approved auditors following NEA SMS audit
guidelines

MOM

Inspection record for pressure vessels, e.g. boilers, generators,


compressors and bottling operation

Licenses for lifting gears, cranes, etc before mobilizing onsite

Calibration of testing equipment

Forklift driver licenses

Medical surveillance records

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Clearance with MOM on QRA study for the operation of the plant

Pass the SMS audit by MOM approved auditors following the SMS of
the industry

SPF

License for the use and storage of explosive precursors

Submission of security risk assessment and approval by SPF

Clear with SPF on QRA study for the operation of the plant

Inspection by SPF on the storage and use of explosives and its


precursors

JTC

Clearance with JTC on QRA study for the operation of the plant

PUB

License for the discharge of wastewater to PUB drainage system

9. Advise stakeholders on ways to assist them in maintaining compliance


with applicable WSH legal and other requirements

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Legal register shall be frequently updated to include the most latest
regulations;

Trainings shall be provided to various levels to ensure the compliance


during the daily operation;

Monitoring and measurement methods shall be established to ensure


the status of compliance is captured;

Resources needs to be approved by the management for the


maintenance of the system;

External assistance may be required for competency of legal update

10. Identify means of getting updated on new or amended WSH legal and
other requirements in a timely manner

Legal updated can be obtained from the following sources:

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By frequently checking the websites of respective authority

By consulting the relevant authorities for the new legal requirements


and standards;

From press

From consultants

By alerts of respective authority

By emails

From reference books

By subscribing to the legal update services provided by the consultancy firms,


any update on legal requirements will be informed. However, the service
provide may not evaluate whether the update on legal requirements are
applicable to each of the company. Hence, as the employer of the company,
shall appoint one responsible person to evaluate whether the new act,
regulation, code of practices or orders are applicable to them or not. If
applicable, he/she shall also help to identify what actions shall be taken to
ensure compliance. At this stage, external consultants can be consulted to
ensure compliance.

The company can also subscribe to the alerts from various authorities, e.g.
MOM EHS-alert, to update themselves on the legal requirements. It also
requires the person in charge to identify the new requirements or the changes
from the legal requirements and work out a plan to implement all the required
actions to ensure compliance.

No matter how the company obtain the updates on the legal requirements, it
is important that the legal register to be updated and the record shall be
maintained for the audit purpose.

11. Interpret the new or amended WSH legal and other requirements
accurately and other requirements where applicable.

The interpretation of the new or amended WSH legal and other requirements
shall not be done by the individual. Any confusion or statements need further
clarification, relevant authorities shall be consulted for final interpretation.

To ensure compliance with legal requirements, all applicable legal


requirements shall be identified and followed. Compliance shall be evaluated
to avoid negligence and inadequacy of the system for legal compliance.

A sample of interpretation of WSH (Risk Management) Regulation is shown


below. WSH (Risk Management) Regulation was released by MOM in
September 2006, half year later than the release of WSHA. Based on this
regulation, the owner, employer and principle have a higher ownership of the
OHS outcomes. The key points of this regulation are as follows:

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Employer must provide the resources to conduct risk assessment

o The employer need to identify the persons responsible to


conduct risk assessment, identify the training needs for each
person, provide the budget for the training, provide the facilities
required to conduct risk assessment, etc

Risk assessment must be conducted at the workplace

o The employer shall ensure that the risk assessment covers the
activities done in the plant

Risk assessment must include routine and non-routine activities

o The identified activities shall cover those daily activities and


those activities not conducted on a daily basis but also relevant
to the company. The definition of routine and non-routine are not
very clear. However, the employer shall be more concerned on
the completeness of the activities that have gone through risk
assessment rather than on the academic definition of routine
and non-routine.

The results of the risk assessment must be communicated to all the


employees, e.g. the relevant employees shall understand the hazards
and risks of their activities.

o The employees shall understand what the hazards to conduct a


certain activities. To ensure that they understand that, the
employer shall provide effective communication and training
measures. It is also necessary to evaluate that the employees
really understand the hazards and know how to control the
hazards. The evaluation can be done through various methods,
e.g. paper examination, inspection, interview, etc. As the
employer, emphasis shall be given to the effectiveness of the
training and competency of the employees, rather than just
making it a formality.

Risk assessment must be reviewed:

o After serious accident happens

o Before changes to the process are made

o Any new activities

o Any new legal or changes to the legal requirements

o Every three years if none of the above happens

Depends on the industry, the frequency for accidents and changes


varies significantly. However, this requirements spell out the chances
that the employer shall look at the effectiveness of the risk assessment
and decide whether accidents are caused by the inadequate risk
assessment, whether these changes or new activities will cause the

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change of hazards or new hazards, whether the changes of legal
requirements will cause exiting risk assessment invalid. If none of
these happens in a certain period of time, as required by the regulation,
3 years, the risk assessment shall also be reviewed. This review is not
only changing the date of the risk assessment. It is a full evaluation of
all the processes and activities following the complete risk assessment
process.

12. Clarify with the relevant authorities on the interpretation of new or


amended legal and other requirements where applicable

Authorities of respective legal and other requirement are at the position to


provide clarifications. In case there is any confusion or conflicts, interpretation
from the relevant authorities shall be considered the final decision.

To clarify the legal requirements, various methods could be used, e.g. phone
call, email, formal letters. It is preferred to use email or formal letter if the
requirements are critical to the operation of the company because these are
considered as evidence of consultation.

Phone calls can be made if the information or clarifications do not have


significant impact on the operation of the company.

By call the person in charge, it is also considered as a easy way to get the
clarification. It was found that you may not be replied by the authorities by
sending them email or letter.

13. Determine the applicability of new or amended WSH legal and other
requirements to stakeholders who seek advice on WSH legal
requirements

To assess the applicability of the new or amended WSH legal and other
requirements to the stakeholders can be conducted with the following
approaches:

Identify the activities of the company;

Identify the hazards associated with these activities;

Identify and understand the specific requirements from the WSH legal
and other requirements;

Assess the applicability of the legal and other requirements by


comparing the terms and conditions stated in the legal and other
requirements against the activities identified earlier;

To help the company assess the applicability of the legal and other
requirements, it can be done through:

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Their own employees, if proper training and assessment is in place to
ensure the person in charge is competent to do so;

Engage qualified external party to assist on the updating and assessing


the applicability of the new legal and other requirements;

Check with the relevant authorities on the applicability of new legal and
other requirements to ensure compliance.

Each regulation published by the authorities, the applicable industries are


also identified in the regulation. The timeframe for the implementation is
also listed out. All these will help the industry to plan and adopt feasible
actions to ensure compliance.

14. Assess workplace compliance with the new or amended WSH legal and
other requirements

To assess the compliance with the legal and other requirements, the following
may be required:

Whether a system is in place for the assessment of compliance;

Whether there is any record available in the company for the assessment
of compliance;

If yes, whats the findings from the previous assessment;

Whats the follow up actions required from the previous assessment;

Whether a system is in place to assess the effectiveness of the system;

The companies can develop various indicators to facilitate the evaluation of


the performance. Some samples of the indicators may be:

Number (percentage) of employees that attended the SOC

Number (percentage) of forklift drivers that attended the forklift driver


course

Once the indicators are set, frequent monitoring of the performance are
required. When the data are collected, it could be compared against the
indicators.

There are many chances/ways that the performance could be evaluated:

Inspections conducted by safety personnel

Inspections conducted by the team leaders or managers

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Document review

Audit conducted by the senior management, etc

Penalties received from the authorities

Warning received from the authorities

Number of stop orders received from the authorities

etc

15. Advise on necessary actions needed to comply with new or amended


WSH legal and other requirements

Once new WSH legal and other requirements are identified, the following
actions shall be taken:

New legal requirements shall be updated in the existing legal register

Provide resources on training to improve the awareness of the employees


of various levels

Gaps between existing practices and the new legal requirements are
identified;

Preventive and corrective actions are planned;

A plan is established to guide the implementation of preventive and


corrective actions;

Monitoring and measurement methods shall be identified to identify the


effectiveness of the preventive and corrective measures; and

Relevant records to be maintained as required.

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