Is an MCST legally responsible if a contractor's worker falls from the roof?
It can be. The WSH Act places a duty on the occupier of a workplace to keep the premises, access and egress safe so far as reasonably practicable, and section 19 treats common areas used by workers as part of their workplace. If the MCST engages the contractor, it may also have duties as a principal, including checking that the contractor is competent. The contractor, as employer, carries the primary duty for its own workers. Whether a particular MCST is liable depends on the facts, so take legal advice after any serious incident.
From the RRD Field Guide, checked against the sources cited in Work at Height Law in Singapore: Owner, Occupier and MCST Liability Explained. General information, not advice for your project.
The fuller picture
In Singapore, anyone who controls premises (the occupier), employs workers, or engages contractors (a principal) carries duties under the Workplace Safety and Health Act 2006. The Work at Heights Regulations 2013 require guard-rails where a fall exceeds 2 m and a permit-to-work in factories, including construction worksites, where a fall exceeds 3 m. Breaches can cost up to S$50,000 per regulation offence.
More questions on this topic
- At what height do I need a permit-to-work in Singapore?
- What is the difference between a fall prevention plan and a permit-to-work?
- Does bizSAFE Level 3 prove a contractor is safe to work at height?
- What happens after a serious fall at my building?
- Can an MCST transfer all safety liability to the contractor by contract?
- What does 100% tie-off mean?
- Are the penalties for work at height breaches higher now?