About this Course

The employer owes the employee various duties in relation to health and safety at work. These employer duties emanate either from common law or from statute.  The Workplace Safety and Health Act (WSHA) is enacted to govern these duties. The Factories Act was repealed and replaced with the WSHA on 1 March 2006. With the introduction of the WSHA, all workplaces are now covered.

In view of the WSHA, Human Resource practitioners and Safety Managers/Officers/Co-ordinators who are responsible for safety and health at their workplaces need to be knowledgeable and have a full understanding of the WSHA to ensure compliance with the Act. Failing which, their employers may be made liable for breaches of the WSHA which may extend to both criminal and civil liabilities.

The objective of this workshop is to give participants an overview of the WSHA and hence control over, or if not, prevention of workplace accidents.

At the end of this workshop, participants will be more competent in their understanding of the WSHA and its practical applications.

Learning Objectives:

1.         Know what workplaces are covered under the Act.

2.         Highlight the general standards covered under the Act.

3.         Know who the owners of the duties under the Act are.

4.         List the types of liabilities under the Act.

5.         List the specific duties under the Act.

6.         Know what the orders and other matters under the Act are.

7.         List the offences and penalties under the Act.

8.         Highlight the regulations under the Act.

9.         Know the types of insurance to mitigate employer’s risks for accidents.

10.       Know whether employee should proceed with the WICA or tort suit under common law.

Workshop Outline:

 A competent Safety Practitioner must have the knowledge and skills in the following:

1.       Background and Purpose of the WSHA  

• WSHA versus Factories Act

2.       Know what the workplaces covered under the WSHA are 

• Coverage under the repealed Factories Act and the present WSHA
• Definition of workplace and factory.

3.       Highlight the general standard covered under the Act 

• Differentiations in standard of care under Factories Act and WSHA.
• Definition of reasonable practicality.
• Onus of proof which the prosecution has to establish.
• Codes of practice for workplace safety.

4.       Know who the owners of the duties under the Act are 

• Definition of employers.
• Definition of occupiers.
• Definition of principals.
• Definition of employees.
• Definition of self-employed persons.
• Definition of manufacturers.
• Definition of suppliers.
• Person committing an offence under two different capacities, but arising out of the same set of facts.
• Duty or liability imposed by the Act.

5.       Know what the types of liability under the Act are 

• Civil liability versus criminal liability under the Act.
• Liability under the regulations.

6.       Know the specific duties under the Act 

• Duties of the occupier.
• Duties of the employer.
• Duties to employees.
• Duties of principals.
• Duties of self-employed persons.
• Duties of person at work.
• Duties of Manufacturers and Suppliers.
• Duties to Others.
• Defences

7.       Orders and other matters 

• Commissioner to issue a remedial order or a stop work order.
• Orders to be imposed under what circumstances and to whom.

8.       Know the offences and penalties under the Act 

• Criminal liability faced by the organisation.
• Criminal liability faced by an officer of the corporate.
• Contrast the penalties under the Factories Act and the WSHA.

9.       Know what the regulations are 

• Workplace Safety and Health ( General Provisions ) Regulations
• Workplace and Safety and Health ( First Aid ) Regulations.
• Workplace and Safety and Health ( Incident Reporting ) Regulations.
• Workplace and Safety and Health ( Construction ) Regulations.
• Risk management policies.

10.     Insurance coverage for employees

• Statutory requirement or employer’s discretion and who are exempted.
• WICA insurance premiums for single company or group of companies.
• Personal accident insurance.
• Medical insurance.

Methodologies

Lecture and case studies.

Who should attend?

Human Resource practitioners, Safety Managers/Officers/Co-ordinators and any other personnel who are responsible for safety and health at their workplaces.

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