The WSH (Design for Safety) Regulations has been gazetted and published on 10 July 2015 and has been in operation since 1 August 2016.
The key provisions of the proposed WSH (DfS) Regulations are:
1. To place duties on developers and designers
The proposed Regulations will place duties on developers and designers to identify and address foreseeable risks throughout the lifecycle of a construction project. Where risks cannot be mitigated by design interventions, it will have to be communicated to those involved in the construction project.
2. To require implementation of a DfS review process throughout every phase of the construction project
The implementation of a DfS review process throughout every phase of the construction project (or whenever design changes are made) would ensure that risks in the design are highlighted and managed in a systematic and coordinated way. By making it a mandatory requirement, we can ensure that time and resources are set aside to address the WSH risks at the design and planning stage.
3. To require a DfS register for all construction projects
To ensure vital information is communicated downstream, the regulations will require proper record keeping of WSH risk for future reference via a DfS register. The DfS register will record (i) safety and health issues identified during the design reviews and actions taken; and (ii) risks that cannot be removed through design changes. The DfS register should be a live document which will be updated as and when new WSH risks are identified.
4. To allow developers to appoint a DfS professional
Developers have the option to discharge their duties, such as the facilitation of the DfS review process and the preparation of a DfS register, to a DfS professional. Nonetheless, to ensure that developers take responsibility for the risks they create, they would have to make arrangements to ensure that the DfS professional carries out his assigned duties with due diligence.
5. To mandate it for projects with contract value of $10 million and above
For a start, the Regulations apply only to projects with contract value of $10 million and above. Over the last two years, about 80% of fatal accidents and dangerous occurrences in the construction industry were contributed by projects with contract value of $10 million and above.