Singapore legislation
Schedule 10
Schedule 10
Amendment of Workplace Safety and Health Act 2006
TENTH SCHEDULESection 103Amendment of Workplace Safety and Health Act 2006Amendment of section 41. In the Workplace Safety and Health Act 2006 (called in this Schedule the WSHA), in section 4(1) —
in the definition of “at work”, after paragraph (a), insert —“(aa)in relation to a platform worker, all times when the platform worker is providing any platform service for a platform operator, wherever the platform service is provided;”;
replace the definition of “contractor” with —“ “contractor” —
means a person engaged by another person (called in this Act the principal) otherwise than under a contract of service —
to supply any labour for gain or reward; or
to do any work for gain or reward,in connection with any trade, business, profession or undertaking carried on by the principal; but(b)does not include a platform worker who provides a platform service for a platform operator;”;
in the definition of “occupational disease”, after “employment”, insert “or the provision of any platform service, as the case may be”;
after the definition of “owner”, insert —“ “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024;“platform service” has the meaning given by section 3 of the Platform Workers Act 2024;“platform work agreement” has the meaning given by section 2 of the Platform Workers Act 2024;“platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024;”;
replace the definition of “principal” with —“ “principal” means a person who, in connection with any trade, business, profession or undertaking carried on by the person, engages any other person otherwise than under a contract of service —
to supply any labour for gain or reward; or
to do any work for gain or reward,but does not include a platform operator that, in connection with the provision of a platform service, engages any platform worker under a platform work agreement;”;
replace the definition of “self‑employed person” with —“ “self‑employed person” —
means a person who works for gain or reward otherwise than under a contract of service, whether or not employing others; but(b)does not include a platform worker;”; and
replace the definition of “subcontractor” with —“ “subcontractor” —
means a person engaged (otherwise than under a contract of service) by any contractor or subcontractor —
to supply any labour for gain or reward; or
to do any work for gain or reward,which the contractor or subcontractor has been engaged as contractor or subcontractor (as the case may be) to do; but(b)does not include a platform worker who provides a platform service for a platform operator;”.Amendment of section 102. In the WSHA, in section 10(a), after sub‑paragraph (iv), insert —“(iva)a platform operator;
(ivb)a platform worker;”.New section 12A3. In the WSHA, after section 12, insert —“Duties of platform operators12A.—
It is the duty of every platform operator to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of the platform operator’s platform workers at work.(2) For the purposes of subsection (1), the measures necessary to ensure the safety and health of platform workers at work include —
providing and maintaining for those platform workers a work environment which is safe, without risk to health, and adequate as regards facilities and arrangements for their welfare at work;
ensuring that those platform workers take adequate safety measures in respect of any machinery, equipment, plant, article or process used by those platform workers;
ensuring that those platform workers are not exposed to hazards arising out of the platform operator’s arrangements and processes for, and organisation of, the provision of the platform service;
developing and implementing procedures for dealing with emergencies that may arise while those platform workers are at work; and
ensuring that those platform workers at work have adequate instruction, information, training and supervision as is necessary for them to perform their work.”.Amendment of section 154. In the WSHA, in section 15(1)(b) —
replace “employer or principal” with “employer, principal or platform operator”; and
replace “employer, principal” with “employer, principal, platform operator”.Amendment of section 185. In the WSHA, in section 18 —
in the section heading, replace “and employers” with “, employers and platform operators”;
after subsection (2), insert —“(2A) A platform operator must not —
deduct, or allow to be deducted, from the earnings of any platform worker relating to the platform worker’s provision of a platform service for the platform operator; or
receive, or allow any agent of the platform operator to receive, any payment from any platform worker who is providing or has provided a platform service for the platform operator,in respect of anything to be done or provided by the platform operator in accordance with this Act in order to ensure the safety, health or welfare of any of the platform operator’s platform workers at work.(2B) A platform operator must not —
terminate or threaten to terminate a platform work agreement with any platform worker; or
refuse or threaten to refuse to assign to or facilitate for any platform worker, or prevent or threaten to prevent any platform worker from receiving or obtaining, any tasks to be performed in relation to the provision of any platform service for the platform operator,because the platform worker —
has assisted (whether by the giving of information or otherwise) an inspector or 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;
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; or
has complied with an order made under section 21 or otherwise complied with this Act, or proposes to do so.”; and
in subsection (5), replace “or (2)” with “, (2), (2A) or (2B)”.Amendment of section 276. In the WSHA, in section 27(1), after “an employer,”, insert “a platform operator,”.Amendment of section 657. In the WSHA, in section 65 —
in subsection (2)(v) and (w), after “employer”, insert “, platform operator”; and
in subsection (4), after “employer,”, insert “platform operator,”.