1 S 428/2015

First published in the Government Gazette, Electronic Edition, on 10th July 2015 at 5:00 pm.

No. S 428
WORKPLACE SAFETY AND HEALTH ACT
(CHAPTER 354A)

WORKPLACE SAFETY AND HEALTH

(DESIGN FOR SAFETY) REGULATIONS 2015

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY
Regulation
1. Citation and commencement
2. Definitions
3. Application

PART 2
DUTIES OF DEVELOPER
4. Design of structure for safety and health of affected persons
5. Developer’s duties in respect of designers and contractors
6. Design‑for‑safety review meeting
7. Design‑for‑safety register
8. Delegation of developer’s duties

PART 3
DUTIES OF DESIGNER AND CONTRACTOR
9. Duties of designer
10. Duties of contractor

PART 4
MISCELLANEOUS
11. Duty of registered proprietors and subsidiary management
corporations
12. Offences

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In exercise of the powers conferred by section 65 of the Workplace

Safety and Health Act, the Minister for Manpower makes the
following Regulations:

PART 1
PRELIMINARY
Citation and commencement
1. These Regulations may be cited as the Workplace Safety and
Health (Design for Safety) Regulations 2015 and come into operation
on 1 August 2016.

Definitions
2. In these Regulations, unless the context otherwise requires —
“affected person”, in relation to a structure, means any
individual —
(a) who carries out or is liable to be affected by the
construction work for the structure;
(b) for whom the structure is a workplace, including an
individual who maintains or cleans the structure, or
anything in or on the structure; or
(c) who carries out or is liable to be affected by the
demolition of the structure;
“construction work” means the carrying out of any building
operation or work of engineering construction;
“contract sum”, in relation to any construction work, means the
value specified in a contract of the works to be carried out by
the contractor undertaking the construction work, including
the goods and services tax payable in relation to the supply of
the works;
“contractor” means a person who has entered into a contract for
the purpose of carrying out any construction work;
“design‑for‑safety register” means the register referred to in
regulation 7(1);

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“design plan” includes drawings, building information

modelling, design details, specifications, materials and bills
of quantities (including specifications of articles or
substances) relating to a structure, and calculations prepared
for the purpose of a design;
“design risk”, in relation to a structure, means anything present
or absent in the design of the structure that increases the
likelihood that an affected person will suffer bodily injury
when constructing, working at or demolishing the structure;
“designer” means the person who prepares a design plan relating
to a structure;
“developer” means the person who undertakes a project, and, in
relation to the modification of a subdivided building, includes
the subsidiary management corporation of the subdivided
building;
“modify”, in relation to a structure, means to extend, alter, add to
or repair the structure;
“prepare”, in relation to a design plan, includes the use or
endorsement of a design plan by another designer, with or
without modification;
“project” means a process —
(a) undertaken by a developer for the erection or
modification of one or more permanent structures on
a plot of land; and
(b) in which the developer, or a person appointed by the
developer —
(i) plans and manages the project;
(ii) designs all structures (including temporary
structures) erected or modified under the
project; and
(iii) carries out construction work;
“residual design risk” means a foreseeable design risk that is not
reasonably practicable to eliminate;

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“structure” means any permanent or temporary structure, and a

reference to a structure includes any part of the structure and
any product or mechanical or electrical system intended for
the structure;
“subdivided building” has the same meaning as in section 2(1) of
the Building Maintenance and Strata Management Act
(Cap. 30C);
“subsidiary management corporation” has the same meaning as
in section 2(1) of the Building Maintenance and Strata
Management Act.

Application
3.—(1) Subject to paragraph (2), these Regulations apply to —
(a) a project that —
(i) is undertaken by a developer in the course of the
developer’s business;
(ii) involves or is intended to involve any construction
work of a contract sum of $10 million or more; and
(iii) involves development under section 3(1) of the
Planning Act (Cap. 232); and
(b) a project to modify a permanent structure, in respect of
which a design‑for‑safety register has been kept under
regulation 7, that involves development under section 3(1)
of the Planning Act.
(2) These Regulations do not apply to a project in respect of which
the developer has appointed a designer before 1 August 2016.

PART 2
DUTIES OF DEVELOPER
Design of structure for safety and health of affected persons
4.—(1) The developer of a project must, as far as it is reasonably
practicable, ensure that all foreseeable design risks in the project are
eliminated.

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(2) Where it is not reasonably practicable to eliminate a foreseeable

design risk, the developer must ensure that the design risk is reduced
to as low as is reasonably practicable, taking into account the
following factors as far as reasonably practicable:
(a) the design risk must be reduced at its source;
(b) collective protective measures must be used instead of
individual protective measures.

Developer’s duties in respect of designers and contractors

5.—(1) The developer of a project may appoint a person as —
(a) a designer for a structure required in the project only if the
developer reasonably believes that the person is competent to
perform the duties of a designer under these Regulations and
any other regulation made under section 65 of the Act; or
(b) a contractor for a structure required in the project only if the
developer reasonably believes that the person is competent to
perform the duties of a contractor under these Regulations and
any other regulation made under section 65 of the Act.
(2) The developer must plan and manage the project in a manner that
ensures that all designers and contractors appointed under
paragraph (1) for the project have sufficient time and resources to
perform their duties under these Regulations and any other regulation
made under section 65 of the Act.
(3) The developer must ensure that all relevant information is given
to every designer and contractor appointed under paragraph (1) to
enable the designer or contractor, as the case may be, to perform the
duties of a designer or contractor, as the case may be, under these
Regulations and any other regulation made under section 65 of the
Act.

Design‑for‑safety review meeting

6.—(1) The developer of a project must convene such
design‑for‑safety review meetings as are necessary to —
(a) identify all foreseeable design risks in the project; and

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(b) discuss how each of the foreseeable design risks can be

eliminated or reduced.
(2) A developer must ensure that each design‑for‑safety review
meeting is attended by all the relevant designers and contractors
appointed under regulation 5(1), 9(6)(a) or 10(2)(a) or (3)(a).

Design‑for‑safety register
7.—(1) The developer of a project must keep a design‑for‑safety
register containing information and records on —
(a) every design‑for‑safety review meeting convened under
regulation 6; and
(b) every residual design risk in the project.
(2) The developer —
(a) must ensure that the design‑for‑safety register is kept up to
date;
(b) must ensure that all the designers and contractors appointed
under regulation 5(1), 9(6)(a) or 10(2)(a) or (3)(a) for the
project have access to the design‑for‑safety register; and
(c) must make the design‑for‑safety register available for
inspection by an inspector upon the inspector’s request.
(3) Where a developer disposes of the developer’s interest in any
structure for which the project is undertaken, the developer —
(a) must ensure that the design‑for‑safety register is given to —
(i) the person who acquires the developer’s interest in the
structure; or
(ii) where the structure is a subdivided building, the
subsidiary management corporation of the subdivided
building; and
(b) must inform the person who next acquires the developer’s
interest in the structure or the subsidiary management
corporation, as the case may be, of the nature and purpose
of the design‑for‑safety register.

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(4) It shall be an offence for a developer to contravene

paragraph (2)(c) and the developer shall be liable on conviction to a
fine not exceeding $10,000.

Delegation of developer’s duties

8.—(1) A developer may delegate any of the developer’s duties
under regulations 6 and 7(1) and (2) to a person whom the developer
reasonably believes is competent to perform those duties (called in
this regulation the design‑for‑safety professional).
(2) A developer must provide the design‑for‑safety professional
with all the information necessary for the performance of the duties
delegated to the design‑for‑safety professional under paragraph (1).
(3) Where the developer’s duties under regulation 6 are delegated to
the design‑for‑safety professional, the design‑for‑safety professional
must, as soon as reasonably practicable after each design‑for‑safety
review meeting, provide the developer with all relevant information
on each foreseeable design risk identified at the meeting and how each
design risk can be eliminated or reduced.
(4) Where the developer’s duties under regulation 7(1) or (2) are
delegated to the design‑for‑safety professional, the design‑for‑safety
professional must, as soon as reasonably practicable after any
information or record is added to the design‑for‑safety register,
provide the developer with an updated copy of the design‑for‑safety
register.
(5) A developer who delegates a duty under regulation 6 or 7(1) or
(2) is not liable for the performance of that duty.

PART 3
DUTIES OF DESIGNER AND CONTRACTOR
Duties of designer
9.—(1) The designer of a structure must, as far as it is reasonably
practicable, prepare a design plan for the structure that eliminates all
foreseeable design risks.

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(2) Where it is not reasonably practicable for the designer preparing

a design plan to eliminate a foreseeable design risk posed by the
structure, the designer must propose to the person who appointed the
designer, a modification to the design plan that reduces the design risk
to as low as is reasonably practicable, taking into account the
following factors as far as reasonably practicable:
(a) the design risk must be reduced at its source;
(b) collective protective measures must be used instead of
individual protective measures.
(3) The designer must provide all the information relevant to the
design, construction or maintenance of the structure to the person who
appointed the designer.
(4) The designer of a structure must, where required by the
developer of the project in which the structure is required, attend a
design‑for‑safety review meeting.
(5) For the purposes of paragraph (4), any reference to the developer
includes a reference to the person to whom the developer’s duties
under regulation 6 has been delegated.
(6) The designer —
(a) may appoint a person as a designer (called in this regulation
the delegated designer) for the structure only if the designer
reasonably believes that the delegated designer is competent
to perform the duties of a designer under these Regulations
and any other regulation made under section 65 of the Act;
and
(b) must provide the delegated designer all relevant information
to enable the delegated designer to perform the duties of a
designer under these Regulations and any other regulation
made under section 65 of the Act.
(7) To avoid doubt —
(a) any reference to a designer in this regulation includes a
reference to a delegated designer and a designer appointed
under regulation 10(2)(a); and

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(b) a designer who appoints a delegated designer to prepare a

design plan for a structure under paragraph (6)(a) remains
liable for the performance of any duty under paragraph (1) or
(2) in relation to the design plan.

Duties of contractor
10.—(1) The contractor of a structure must, as soon as practicable,
inform the person who appointed the contractor of any foreseeable
design risk that the contractor knows the structure poses or will pose to
an affected person.
(2) The contractor —
(a) may appoint a person to design a structure only if the
contractor reasonably believes that the person is competent to
perform the duties of a designer under these Regulations and
any other regulation made under section 65 of the Act; and
(b) must provide the designer appointed under sub‑paragraph (a)
all relevant information to enable the designer to perform the
duties of a designer under these Regulations and any other
regulation made under section 65 of the Act.
(3) The contractor —
(a) may appoint a person to be a contractor of a structure (called
in this regulation the subcontractor) only if the contractor
reasonably believes that the subcontractor is competent to
perform the duties of a contractor under these Regulations and
any other regulation made under section 65 of the Act; and
(b) must provide the subcontractor appointed under
sub‑paragraph (a) all relevant information to enable the
subcontractor to perform the duties of a contractor under these
Regulations and any other regulation made under section 65
of the Act.
(4) A contractor of a structure must, where required by the
developer of the project in which the structure is required, attend a
design‑for‑safety review meeting.

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(5) For the purposes of paragraph (4), any reference to the developer
includes a reference to the person to whom the developer’s duties
under regulation 6 has been delegated.
(6) To avoid doubt, any reference to a contractor in this regulation
includes a reference to a subcontractor.

PART 4
MISCELLANEOUS
Duty of registered proprietors and subsidiary management
corporations
11.—(1) Where a design‑for‑safety register has been kept under
regulation 7(1) for a structure that is not a subdivided building, the
registered proprietor of the structure must —
(a) ensure that the design‑for‑safety register is available for
inspection by an inspector upon the inspector’s request; and
(b) where the registered proprietor disposes of the registered
proprietor’s interest in the structure —
(i) ensure that the design‑for‑safety register is given to the
person who next acquires the interest in the structure;
and
(ii) inform the person who next acquires the interest in the
structure of the nature and purpose of the
design‑for‑safety register.
(2) Where a design‑for‑safety register has been kept under
regulation 7(1) for a subdivided building, the subsidiary
management corporation of the subdivided building must ensure
that the design‑for‑safety register is available for inspection by an
inspector upon the inspector’s request.
(3) It shall be an offence for a registered proprietor to contravene
paragraph (1)(a) or a subsidiary management corporation to
contravene paragraph (2) and the registered proprietor or subsidiary
management corporation, as the case may be, shall be liable on
conviction to a fine not exceeding $10,000.

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Offences
12. Except as otherwise provided in these Regulations, it shall be an
offence for a person to contravene any provision of these Regulations,
and the person shall be liable on conviction to a fine not exceeding
$20,000 or to imprisonment for a term not exceeding 12 months or to
both.

Made on 8 July 2015.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Manpower,
Singapore.

[C010-048-0019; AG/LLRD/SL/354A/2010/16 Vol. 2]

(To be presented to Parliament under section 65(8) of the Workplace
Safety and Health Act).

Informal Consolidation – version in force from 1/8/2016