that a trigger event has happened in relation to 3 or more of any, or a combination of any, of the following individuals within a rolling period of not more than 7 days starting the date of the happening of the trigger event to the first of such individuals within that period:
(i)
any employee of the employer;
(ii)
any contractor who is engaged by the employer in the capacity of a principal and is at work under the direction of the employer as to the manner in which the work is carried out;
(iii)
any direct or indirect subcontractor who is engaged by a contractor in sub-paragraph (ii) and is at work under the direction of the employer as to the manner in which the work is carried out;
(iv)
any employee who is employed by a contractor or subcontractor in sub-paragraph (ii) or (iii) and is at work under the direction of the employer as to the manner in which the work is carried out; and
[S 706/2021 wef 22/09/2021]
(b)
that at least 3 of the individuals in sub-paragraph (a) have, in connection with any trade, business, profession or undertaking carried on by the employer, been at work in the same workplace during the respective look-back periods for their respective trigger events,
[S 706/2021 wef 22/09/2021]
then despite regulation 13D of the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020 (G.N. No. S 254/2020), the employer must not cause or permit, during the relevant period any of the following to be at work at that workplace, in connection with any trade, business, profession or undertaking carried on by the employer:
(c)
any employee of the employer and who is a relevant worker;
(d)
any contractor who is engaged by the employer in the capacity as principal and is a relevant worker;
(e)
any direct or indirect subcontractor who is engaged by a contractor in sub‑paragraph (d) and is a relevant worker;
(f)
any employee who is employed by a contractor or subcontractor in sub‑paragraph (d) or (e) and is a relevant worker.
(2) If a principal has knowledge —
(a)
that a trigger event has happened in relation to 3 or more of any, or a combination of any, of the following individuals within a rolling period of not more than 7 days starting the date of the happening of the trigger event to the first of such individuals within that period:
(i)
any employee of the principal in the capacity of a principal;
(ii)
any contractor who is engaged by the principal and is at work under the direction of the principal as to the manner in which the work is carried out;
(iii)
any direct or indirect subcontractor who is engaged by a contractor in sub-paragraph (ii) and is at work under the direction of the principal as to the manner in which the work is carried out;
(iv)
any employee who is employed by a contractor or subcontractor in sub-paragraph (ii) or (iii) and is at work under the direction of the principal as to the manner in which the work is carried out; and
[S 706/2021 wef 22/09/2021]
(b)
that at least 3 of the individuals in sub-paragraph (a) have, in connection with any trade, business, profession or undertaking carried on by the principal, been at work in the same workplace during the respective look-back periods for their respective trigger events,
[S 706/2021 wef 22/09/2021]
then despite regulation 13D of the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020, the principal must not cause or permit, during the relevant period any of the following to be at work at that workplace, in connection with any trade, business, profession or undertaking carried on by the principal:
(c)
any employee of the principal as employer and who is a relevant worker;
(d)
any contractor who is engaged by the principal and is a relevant worker;
(e)
any direct or indirect subcontractor who is engaged by a contractor in sub‑paragraph (d) and is a relevant worker;
(f)
any employee who is employed by a contractor or subcontractor in sub‑paragraph (d) or (e) and is a relevant worker,
to be at work at that workplace, in connection with any trade, business, profession or undertaking carried on by the principal.
(3) A trigger event happens in relation to an employee of an employer or an individual mentioned in regulation 5(1) connected with a principal, when —
(a)
the employee or individual (as the case may be) tests positive for SARS‑CoV‑2 after undergoing a PCR test or PCR tests with an approved test provider and that result is not an atypical finding for SARS‑CoV‑2; or
(b)
an order under —
(i)
section 15 or 17 of the Act; or
(ii)
regulation 3(1) of the Infectious Diseases (COVID‑19 — Stay Orders) Regulations 2020 (G.N. No. S 182/2020),
is made against that employee or individual, as the case may be.
(4) For the purposes of paragraphs (1) and (2), the look‑back period for a trigger event is a period of 7 days before the trigger event, ending on the day the trigger event happens.
(5) To avoid doubt, a look-back period may consist of any time falling before 22 September 2021.
[S 706/2021 wef 22/09/2021]
(6) However —
(a)
any trigger event happening to an employee or individual before 22 September 2021 must be disregarded; and
(b)
if any employee or individual has been counted towards one relevant period, all those employees and individuals exceeding 3 must be disregarded for the purposes of calculations in relation to any subsequent relevant period for the purposes of these Regulations.