Workplace safety and health officer (WSHO)

​

1.  Shipyards in which any ship, tanker and other vessels are constructed, reconstructed, repaired, refitted, finished or broken up.

​

2.  Factories used for processing petroleum or petroleum products.

​

3.  Factories in which building operations or works of engineering construction of a contract sum of $10 million or more are carried out.

​

4.  Any other factories in which 100 or more persons are employed, except those which are used for manufacturing garments.

​

​

Workplaces requiring WSHOs

​

(1)  Every workplace within the prescribed class or description of workplaces specified in the Second Schedule shall have appointed in writing in respect thereof a WSHO.

​

(2)  A WSHO referred to in paragraph (1) shall be appointed by the occupier of a workplace.

​

(3)  Any occupier of a workplace who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.

​

​

Duties of WSHO

​

(1)  The duties of a WSHO appointed in respect of a workplace shall be —

(a)to assist the occupier of the workplace or other person in charge of the workplace to identify and assess any foreseeable risk arising from the workplace or work processes therein;

​

(b)to recommend to the occupier of the workplace or other person in charge of the workplace reasonably practicable measures to eliminate any foreseeable risk to any person who is at work in that workplace or may be affected by the occupier’s undertaking in the workplace;

​

(c)where it is not reasonably practicable to eliminate the risk referred to in sub-paragraph (b), to recommend to the occupier of the workplace or other person in charge of the workplace —

​

(i)such reasonably practicable measures to minimise the risk; and

(ii)such safe work procedures to control the risk; and

​

(d)to assist the occupier of the workplace or other person in charge of the workplace to implement the measure or safe work procedure referred to in sub-paragraph (b) or (c), as the case may be.

​

(2)  Any WSHO who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

​

​