Singapore legislation
Regulation 12
of Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009
Regulation 12
Duties of workplace safety and health auditor
Subregulation 1
The duties of a workplace safety and health auditor appointed in respect of a workplace shall be —
to audit the workplace in such manner as the Commissioner may determine;
to submit an audit report to the occupier of the workplace upon completion of the audit indicating the findings and recommendations in the report;
to advise the occupier of the workplace to take immediate action to remedy any unsafe condition or unsafe work practice found during the audit that may result in imminent danger to the safety and health of persons at work; and
to report to the Commissioner the unsafe condition or unsafe work practice referred to in sub-paragraph (c) if the occupier —
refuses to take immediate remedial action; or
needs more than a day to remedy the unsafe condition or unsafe work practice.
Subregulation 2
A workplace safety and health auditor shall not conduct an audit of any workplace in which he, or the auditing agency of which he is a member, has any professional, financial or other interest which may conflict with his duties as a workplace safety and health auditor.
Subregulation 3
Without prejudice to the generality of paragraph (2), a workplace safety and health auditor, or the auditing agency of which he is a member, shall be regarded as having a professional or financial interest which may conflict with his duties as a workplace safety and health auditor if he or the auditing agency of which he is a member —
is involved in the establishment or implementation of the safety and health management system for the workplace in which he is to conduct an audit; or
provides any workplace safety and health officer or any workplace safety and health coordinator to assist the occupier of the workplace (or any other person in charge of the workplace) on any workplace safety and health matter of the workplace in which he is to conduct an audit.
Subregulation 4
It shall be the duty of the occupier of a workplace to ensure that the workplace safety and health auditor appointed under regulation 9(1), 10(3) or 11(2) in respect of the workplace is not a partner, an officer, an employee or an associate of the occupier of the workplace.
Subregulation 5
For the purposes of paragraph (4), a person shall be regarded as an associate of an occupier of a workplace if the person is —
an employer of the occupier;
where the occupier is a body corporate —
a person who is a substantial shareholder of that body corporate as defined in section 81 of the Companies Act (Cap. 50); or
a director, secretary or similar executive officer of the body corporate; or
where the occupier is a trustee, a beneficiary of the trust.
Subregulation 6
A workplace safety and health auditor shall respect the confidentiality of protected information acquired by him in the course of his work and shall not disclose any such information to a third party without specific authority or unless there is a legal or professional duty to disclose.
Subregulation 7
It shall be the duty of a workplace safety and health auditor appointed in respect of a workplace to exercise all due diligence when performing his function in relation to the carrying out of the audit of a workplace under paragraph (1).
Subregulation 8
[Deleted by S 434/2024 wef 01/06/2024]
Subregulation 9
[Deleted by S 434/2024 wef 01/06/2024]
Subregulation 10
[Deleted by S 434/2024 wef 01/06/2024]