Is an MCST legally responsible if a contractor's worker falls from the roof?

Answer

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.

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