PART IV | SPECIAL PROVISIONS RELATING TO HEALTH, SAFETY AND WELFARE |
| Toxic dust, fumes or other contaminants |
39.—(1) Where any process or work carried on in any workplace is likely to produce or give off any toxic dust, fumes, gas, vapour, mist, fibre or other contaminants, all reasonably practicable measures shall be taken to —| (a) | prevent their accumulation in the workplace; and [S 517/2011 wef 10/09/2011] | | (b) | protect persons at work in the workplace against exposure to the toxic dust, fumes, gas, vapour, mist, fibre or other contaminants through inhalation, ingestion or skin contact. [S 517/2011 wef 10/09/2011] |
(2) The measures to be taken under paragraph (1) shall, where appropriate, include one or more of the following:| (a) | carrying out the process or work in isolated areas where persons not connected with the process or work are prohibited from being present; | | (b) | carrying out the process or work in closed vessels or systems to prevent persons at work in the workplace from coming into contact with the toxic dust, fumes, gas, vapour, mist, fibre or other contaminants; [S 517/2011 wef 10/09/2011] | | (c) | providing adequate ventilation to dilute the fumes, gas, vapour, mist, fibre or other contaminants; [S 517/2011 wef 10/09/2011] | | (d) | providing local exhaust ventilation to remove the toxic dust, fumes, gas, vapour, mist, fibre or other contaminants at their sources of emission; and [S 517/2011 wef 10/09/2011] | | (e) | carrying out the process or work wet. |
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| (3) The local exhaust ventilation system referred to in paragraph (2)(d) shall be so designed, constructed, operated and maintained that the toxic dust, fumes, gas, vapour, mist, fibre or other contaminants are safely and effectively removed at the source of generation and are not dispersed or scattered in the surrounding air. [S 517/2011 wef 10/09/2011] |
| (4) Accumulation of toxic dust, fibre or waste on the floors, walls, work benches or other surfaces in any workplace shall be removed by washing, vacuum cleaning or other suitable means in a manner that will not make the toxic dust, fibre or waste airborne. [S 517/2011 wef 10/09/2011] |
| (5) No stationary internal combustion engine shall be used unless provision is made for conducting the exhaust gases from the engine into the open air. |
| (6) The atmosphere of any place of work in which toxic substances are manufactured, handled, used or given off shall be tested by a competent person at sufficient intervals to ensure that toxic dust, fumes, gases, vapours, mists or fibres are not present in quantities liable to injure the health of persons at work. [S 517/2011 wef 10/09/2011] |
(7) Notwithstanding paragraph (6), the Commissioner may, by order in writing, require the occupier of a workplace to engage a competent person —| (a) | to monitor, test or assess the environment of any workplace for potential health hazards; and [S 517/2011 wef 10/09/2011] | | (b) | to take air samples in the breathing zone of the persons who are exposed to toxic dust, fumes, gases, vapours, mists, fibres or other contaminants by using appropriate personal sampling equipment. [S 517/2011 wef 10/09/2011] |
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| (8) A record of the result of every test carried out under paragraphs (6) and (7) shall be kept available for inspection by an inspector for at least 5 years from the date of the test or such other period as the Commissioner may specify in writing. |
(9) Paragraphs (1), (2), (6) and (7) shall not apply to any workplace where —| (a) | it is impracticable to comply with such requirements; and | | (b) | suitable air-supplied breathing apparatus is used by every person at the workplace. [S 517/2011 wef 10/09/2011] |
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(10) The air-supplied breathing apparatus used under paragraph (9) shall be supplied with air —| (a) | of a temperature and humidity comfortable for breathing; and | | (b) | which has been suitably treated to remove particles of any material, oil mist, vapour, odour, carbon monoxide and carbon dioxide. |
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| (11) It shall be the duty of the occupier of a workplace to comply with paragraphs (1) to (6), (8) and (10). [S 517/2011 wef 10/09/2011] |
| (12) It shall be the duty of a competent person to exercise all due diligence in conducting any test under this regulation. |
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| Permissible exposure levels of toxic substances |
| 40.—(1) It shall be the duty of the occupier of a workplace to take all reasonably practicable measures to ensure that no person at work in the workplace is exposed to the toxic substances specified in the First Schedule in excess of the permissible exposure levels specified in that Schedule. [S 517/2011 wef 10/09/2011] | (2) Where the PEL (Short Term) of a toxic substance is not specified in the First Schedule, the PEL (Short Term) of the substance shall be deemed to be exceeded if the time weighted average concentration of the substance measured over a 15-minute period during any working day exceeds 5 times the PEL (Long Term) of that substance as specified in that Schedule. |
| (3) Where there is exposure to more than one toxic substance at the same time and the substances have similar harmful effects, the permissible exposure level shall be deemed to have been exceeded if the sum of the ratios between the time weighted average concentration and the permissible exposure level of each substance exceeds one. |
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| 41.—(1) All hazardous substances in a workplace shall be placed under the control of a competent person who has adequate knowledge of the properties of the hazardous substances and their dangers. [S 517/2011 wef 10/09/2011] (2) Adequate warning notices in languages understood by all persons at work in a workplace specifying the nature of the danger of the hazardous substances shall be placed —| (a) | at all entrances to any workroom; and | | (b) | at appropriate locations, |
| where the hazardous substances are used or present. |
[S 517/2011 wef 10/09/2011] |
| (3) Persons at work in a workplace who are liable to be exposed to hazardous substances shall be warned of the hazards involved and the precautionary measures to be taken. [S 517/2011 wef 10/09/2011] |
| (4) All hazardous substances in a workplace shall be kept, stored, used, handled or disposed of in such a manner as not to pose a risk to the health and safety of any person at work in the workplace. [S 517/2011 wef 10/09/2011] |
| (5) It shall be the duty of the occupier of a workplace to comply with paragraphs (1) to (4). [S 517/2011 wef 10/09/2011] |
| (6) A person at work in a workplace must not wilfully or recklessly do any act that may result in any other person being exposed to hazardous substances. [S 434/2024 wef 01/06/2024] |
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42.—(1) It is the duty of an occupier of a workplace in which there is any container of any hazardous substance to ensure, as far as is reasonably practicable, that one or more than one warning label that satisfies the requirements of paragraph (2) is affixed on the container.(2) For the purposes of paragraph (1), the requirements for a warning label are all of the following:| (a) | the warning label contains a warning on the hazards involved in any hazardous substance in the container; | | (b) | the warning label specifies every precautionary measure to be taken when dealing with any hazardous substance in the container; | | (c) | the warning label is easily understood by all persons at work in the workplace. |
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(3) The following are relevant as practical guidance with respect to the requirements for a warning label mentioned in paragraph (2):| (a) | any Singapore Standard relating to the classification and labelling of hazardous substances, published by the Enterprise Singapore Board and as in force from time to time, approved by the Council under section 40B(1) of the Act; | | (b) | any other approved code of practice relating to the classification and labelling of hazardous substances. [S 434/2024 wef 01/06/2024] |
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43.—(1) Where any hazardous substance is used, handled or stored in a workplace, it shall be the duty of the occupier of the workplace to —| (a) | obtain a safety data sheet of the substance; | | (b) | assess the information in the safety data sheet and take precautionary measures to ensure the safe use of the substance; and | | (c) | make available the safety data sheet to all persons at work in the workplace who are liable to be exposed to the substance. [S 517/2011 wef 10/09/2011] |
| (2) Where any hazardous substance is sold to any person for use in a workplace, it is a duty of the seller, or any agent of the seller who caused or procured the sale, to provide the buyer of the hazardous substance with a safety data sheet that gives accurate and adequate information on the hazardous substance. [S 434/2024 wef 01/06/2024] |
(3) The following are relevant as practical guidance with respect to the information on any hazardous substance in a safety data sheet mentioned in paragraph (2):| (a) | any Singapore Standard relating to safety data sheets, published by the Enterprise Singapore Board and as in force from time to time, approved by the Council under section 40B(1) of the Act; | | (b) | any other approved code of practice relating to safety data sheets. [S 434/2024 wef 01/06/2024] |
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| (4) A person must not provide inaccurate, inadequate or misleading information in a safety data sheet. [S 434/2024 wef 01/06/2024] |
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| Exclusion from regulations 41, 42 and 43 |
44.—(1) Regulations 41, 42 and 43 shall not apply in respect of the use, handling or storage in a workplace, or the sale for use in a workplace, of any hazardous substance that is in a consumer package and that is intended for retail sale.(2) In this regulation —| “consumer package” means a container that is intended for retail display and sale to households or offices, and includes a container that is transported or distributed as part of a larger consolidated container that consists of a number of identical consumer packages; |
| “container” means anything in or by which substances are or have been wholly or partly encased, covered or packed. [S 517/2011 wef 10/09/2011] |
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| Lorries carrying persons on deck |
44A.—(1) Paragraph (2) applies where —| (a) | any person at work in a workplace (called in this regulation the specified driver) is required or authorised by the employer of that person to drive any lorry; and | | (b) | the lorry is or will be carrying one or more persons on its deck while the specified driver is driving it. |
(2) It is the duty of the employer of the specified driver to ensure that —| (a) | one other person (P) is seated in the cabin of the lorry next to the specified driver at all times while the specified driver is driving the lorry mentioned in paragraph (1)(b); and | | (b) | P is aware, before the specified driver starts driving the lorry, that P is to take reasonable measures to ensure that the specified driver is alert and able to drive in a safe manner at all times while the specified driver is driving the lorry. |
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| (3) An employer who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [S 434/2024 wef 01/06/2024] [S 989/2022 wef 01/01/2023] |
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| Dual role drivers driving lorries carrying persons on deck |
44B.—(1) Paragraph (2) applies where —| (a) | any person at work in a workplace (called in this regulation the dual role driver) is required or authorised by the employer of that person to drive a lorry, where driving the lorry is not the primary work that the person is required to perform for the employer; | | (b) | the lorry is or will be carrying one or more persons on its deck while the dual role driver is driving it; and | | (c) | the dual role driver has been at work for a period of at least 6 hours in aggregate (excluding any rest break or meal break) immediately before driving the lorry. |
| (2) It is the duty of the employer of the dual role driver to ensure that the dual role driver does not, before driving a lorry mentioned in paragraph (1)(b), perform any work for a period of not less than 30 minutes. |
| (3) An employer who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [S 434/2024 wef 01/06/2024] [S 989/2022 wef 01/01/2023] |
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