The Ministry of Manpower requires employers, workplace occupiers, and doctors to report workplace incidents where an employee, a self-employed person, or a member of the public dies, is injured or contracts a disease in certain circumstances. Is your company compliant?
Reporting requirements
Where a workplace accident causes the death of an employee, or where an employee is injured or contracts a disease at work which requires hospitalisation for more than 24 hours, the employer must submit an incident report to the Commissioner for Workplace Safety and Health within 10 days. Where such an incident results in an employee requiring more than three days' medical leave, whether consecutive or not, the employer must report the incident within 10 days from the fourth day of medical leave. Furthermore, where an employee contracts an occupational disease, the employer must submit an incident report within 10 days of receiving the diagnosis. A similar duty applies to doctors.
The workplace occupier is required to notify the Commissioner as soon as practicable where a self-employed person or a member of the public dies as a result of work done at a workplace, and must in any event submit an incident report within 10 days. Where an incident results in such a person requiring hospital treatment, the occupier must also notify the Commissioner as soon as reasonably practicable.
Compliance
Employers and workplace occupiers should assess:
- whether there are existing workplace incidents that require immediate attention for reporting;
- whether policies are in place to ensure that future reportable incidents are reported in a timely manner;
- whether they have effective systems to track the amount of medical leave being requested by employees in respect of specific workplace incidents;
- whether managers and supervisors are trained in their duties to report workplace incidents; and
- whether any improvements can be made to existing workplace health and safety policies to prevent reportable workplace incidents from occurring in the first place.
Herbert Smith Freehills can assist you with achieving compliance. To discuss how, please contact Fatim Jumabhoy at [email protected].
Key contacts
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.