Singapore Government Press Release
MOM PRESS RELEASE: DEBARMENT SCHEME FOR CONTRACTORS WITH BAD SAFETY RECORD
The Construction 21 (C21) plan was launched in May 1998 to address the problems in the construction industry such as the heavy reliance on unskilled foreign workers, the low level of productivity and a poor safety record. The blueprint focussed on the entire value chain in the industry and sought to transform the industry into a professional, progressive and productive contributor to the economy. In line with the C21 plan, the Ministry of Manpower has introduced the Debarment Scheme for Contractors with bad safety record, aimed to improve the safety situation in the construction industry.
With effect from 1 April 2000, contractors with poor safety records will be debarred from employing foreign workers. This debarment scheme is a preventive measure to ensure that contractors adopt a more proactive and serious view towards the safety of their workers.
Under the scheme, contractors will be given demerit points if they are found to have violated safety requirements at worksites. If the contractor does not take steps to improve safety conditions at worksites after repeated warnings, they will be barred from employing Non-Traditional Source (NTS) foreign workers. NTS workers include those from Bangladesh, Pakistan and Thailand.
Contractors will be given varying number of demerit points, based on the severity of the offences committed. When a contractor accumulates more than 30 points within 12 months, he will be issued with a warning letter. If the contractor makes no effort to improve the situation and accumulates more than 24 points within the next 12 months after the letter has been issued, he will be debarred from employing new NTS foreign workers. During the debarment period, he will not be allowed to renew his existing NTS foreign workers’ work permits.
A debarred contractor can appeal, within 14 days of the date of notification of debarment, to an independent Board of Appeal headed by Professor Yong Kwet Yew, Chairman of the Advisory Committee on Occupational Safety and Health for the Construction Industry. The Board comprises representatives from the Ministry of Manpower, NTUC, the Singapore Contractors Association Limited and the Real Estate Developers’ Association of Singapore. Depending on the outcome, the Board will make the recommendations to the Minister for Manpower whose decision shall be final.
The Ministry’s Department of Industrial Safety will continue to inspect the worksites of debarred contractors regularly and monitor the contractors’ safety performance. The debarment will be lifted if a debarred contractor does not accumulate more than 24 demerit points within the next 12 months after debarment.
The Ministry will publicise the name of contractors that have been debarred under the scheme including posting the list of debarred contractors on the Ministry’s website. Furthermore, developers may also write to MOM for the safety record of a contractor and to find out whether a contractor has been warned or debarred under the scheme.
Contractors have a responsibility towards the welfare and safety of their workers. This responsibility should not be taken lightly. The Ministry hopes that through the debarment scheme, the safety performance of the construction industry will be enhanced. We therefore urge contractors to exercise greater care and vigilance on ensuring the safety of their workers on worksites.
Encl: Fact Sheet on Debarment Scheme at Annex
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Annex
MINISTRY OF MANPOWER
DEBARMENT SCHEME FOR
CONTRACTORS WITH BAD SAFETY RECORD
23 FEBRUARY 2000
FACT SHEET
First announced by Dr Lee Boon Yang, Minister for Manpower, in Parliament in August 1999, the Debarment Scheme for Contractors with Bad Safety Record is a strong measure aimed to curb the high rate of fatal accidents in the construction industry. Through this system, we hope that contractors will make greater effort to improve worksite safety so as to safeguard the life and limbs of our workers.
2 The demerit point system is used to identify contractors with poor safe work practices and subsequent debarment from employing Non-Traditional Source (NTS) workers should their safety record show no improvement. This system consists of two stages to allow contractors the opportunity to improve. The debarment will only be enforced should the contractor fail to improve after been given due notice.
Demerit Points
3 Demerit points imposed will be in accordance with the following incidents:
|
Incidents that result in demerit points being awarded |
Demerit points |
Effective date |
|
For every composition fine issued and paid up for contravention that was likely to cause bodily injury to any person. |
1. No demerit points will be given to the first 5 composition fines in each inspection 2. 1 point for each composition fine from the 6th composition fine onwards |
Date of offence |
|
For every offence convicted in Court that was likely to cause bodily injury to any person. |
5 |
Date of offence |
|
For every Stop Work Order (Partial) issued to a site due to unsafe conditions at the site. |
5 |
Date of issue of Stop Work Order |
|
For every offence convicted in Court that has caused serious injury to a person. |
8 |
Date of accident |
|
For every Stop Work Order (Full) issued to a site due to unsafe conditions at the site. |
10 |
Date of issue of Stop Work Order |
|
For every offence convicted in Court that led to the death of a person. |
12 |
Date of accident |
|
For every offence convicted in Court that led to the death of more than one person. |
18 |
Date of accident |
System Implementation
4 When demerit point(s) are imposed upon a contractor, he will be informed in writing. The letter will include the total demerit points that the contractor has accumulated thus far, and a breakdown of these demerit points.
5 In calculating the demerits points for a contractor, the points accumulated from all the worksites under the same contractor will be considered together.
6 First stage. A contractor who has accumulated more than 30 demerit points within a 12-month period will be issued with a warning letter for not managing the safety of his worksites satisfactorily. The letter will warn the contractor that if he accumulates more than 24 demerit points within 12 months after the warning has been issued, he will be recommended for debarment from employing new foreign NTS workers. The debarment will also include disallowing the contractor from renewing his existing NTS workers’ work permits.
7 Second stage. Should the contractor accumulate more than 24 demerit points within the next 12 months after the warning letter has been issued to him, the contractor will be debarred from employing new foreign NTS workers. He will also not be able to renew the work permits of his existing NTS workers.
Avenue of Appeal
8 A contractor may make an appeal within 14 days from the date of notification of the debarment. An independent Board of Appeal will review the appeal.
9 The Board of Appeal will consist of representatives from the Ministry of Manpower, the National Trades Union Congress, the Singapore Contractors Association Limited and the Real Estate Developers Association of Singapore. The current Chairman of the Advisory Committee on Occupational Safety and Health for the Construction Industry, Professor Yong Kwet Yew, will chair the Board of Appeal.
10 The Board of Appeal will make recommendations to Minister whose decision shall be final.
Cessation of Debarment
11 Safety inspectors from the Ministry’s Department of Industrial Safety will continue to visit the worksites of a debarred contractor. A report on the safety performance of these worksites will be submitted to the Board of Appeal for consideration 6 months after the debarment. If the debarred contractor warrants an early release from the debarment, the Board will make the recommendation to the Minister for Manpower.
12 The debarment will cease if a debarred contractor does not accumulate more than 24 demerit points again within the next 12 months. Otherwise, the debarment will remain enforced.
Confidentiality of Demerit Points
13 Contractors may write to MOM to request for their detailed records of demerit points accumulated under the system.
14 When a contractor has been warned or debarred under the system, the developers of all the projects under the said contractor will be informed.
15 Developers may write to MOM to request information on contractors who have been warned or debarred under the system. Developers can also write to request the safety records of contractors seeking to tender for their projects. For such requests, the developers will be informed of the demerit points accumulated by a contractor and the dates these points were issued.
16 The Ministry will also publicise the name of contractors that have been debarred under the system. The list of debarred contractors will be posted on the Ministry’s website at http://www.gov.sg/mom.
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