Charges Against the National Environment Agency and Two of its Employees Under the Workplace Safety and Health Act
Charges under the Workplace Safety and Health (“WSH”) Act have been brought against the National Environment Agency (“NEA”) and two of its employees, Mr Ng Wah Yong and Mr Lee Yew Binn, Christopher, for their involvement in a 2021 workplace incident at the Tuas Incineration Plant. The incident resulted in two fatalities and injuries to another worker.
About the case
2 On 23 September 2021 at about 12.00pm, the Tuas Incineration Plant’s control room was unable to remotely switch off an industrial fan. Three officers of the NEA were sent to troubleshoot the fault. They were in an electrical switch room when an explosion occurred. One worker was pronounced dead at the scene, while another died three days later. A third worker was conveyed to the hospital for burn injuries, and was subsequently discharged.
Details of charges
3 Details of the charges are as follows:
| No. |
Name |
Charge |
Details |
| 1 |
NEA, Employer |
One charge under s 12(1), read with s 20 of the WSH Act |
NEA is alleged to have failed to take the following measures to ensure the safety and health of its employees:
(a) ensure that the Permit-to-Work system1 implemented for high voltage switchgear racking works complied with prevailing regulations;
(b) adequately implement control measures; and
(c) establish safe work procedures for high voltage switchgear racking works. |
| 2 |
Ng Wah Yong, General Manager of the Tuas Incineration Plant |
One charge under s 15(3A) of the WSH Act |
Mr Ng is alleged to have negligently endangered the safety of others by failing to:
(a) ensure that the Permit-to-Work1 system implemented for high voltage switchgear racking works complied with the prevailing regulations;
(b) ensure that control measures were adequately implemented; and
(c) ensure that safe work procedures for high voltage switchgear racking works were established. |
| 3 |
Lee Yew Binn, Christopher,
Divisional Director of the Waste Infrastructure Operations & Management Division of the NEA |
One charge under s 15(3A) of the WSH Act |
Mr Lee is alleged to have negligently endangered the safety of others by approving a Permit-to-Work system for high voltage switchgear racking works that did not comply with the prevailing regulations. |
4 Under s 20 read with s 12(1) of the WSH Act, an employer who breaches its duty to take reasonably practicable measures to ensure the safety and health of its employees can be fined up to $500,000.
5 Under s 15(3A) of the WSH Act, a person found guilty of committing a negligent act which endangers the safety and health of others can be punished with a fine not exceeding $30,000 or with imprisonment for a term not exceeding 2 years, or both.
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1 A Permit-to-Work system is a formal authorisation system used in an organisation to control selected work activities to ensure safe execution of work onsite.