Who the Act applies to
The Workplace Safety and Health Order, 2009 (S 44/2009), as amended in 2013, 2018 and 2020, is now cited as the Workplace Safety and Health Act, Chapter 277. The Revised Edition 2024 gives its commencement as 1 August 2013. It applies to all workplaces unless it says otherwise (s 2) and binds the Government, although the Government cannot be prosecuted (s 3).
Duties under the Act
- Occupiers (s 11) must ensure, so far as is reasonably practicable, that the workplace, the ways in and out, and any machinery or substances kept there are safe for everyone on the premises.
- Employers (s 12) must take reasonably practicable measures for the safety and health of their employees and of others affected by their work, including a safe work environment, safe machinery, emergency procedures, adequate instruction, training and supervision, and safe plant and systems of work.
- Self-employed persons (s 13) owe a duty to others affected by their work.
- Principals (ss 14 and 14A) owe duties to contractors, sub-contractors and their employees working under their direction, and must check that contractors have the expertise, training and licences for the job and have done a risk assessment. A contract clause alone is not a defence.
- Persons at work (s 15) must use the safety equipment provided, co-operate with their employer or principal, and not misuse safety equipment. Wilfully or recklessly endangering anyone is an offence.
Risk management
Under the WSH (Risk Management) Regulations, employers, self-employed persons and principals must carry out a risk assessment (reg 3), keep the records for at least 3 years (reg 5) and review the assessment at least once every 3 years (reg 7). SHENA's approved code of practice on risk management sets out how.
WSH officers and committees
Where prescribed, a workplace must have a WSH officer or co-ordinator (s 28) and a WSH committee with employer and employee representatives (s 29). The details are in the WSH (WSH Officers) Regulations and the WSH (WSH Committees) Regulations.
Reporting incidents to SHENA
| What happened | What to do |
|---|---|
| Death of an employee | The employer notifies SHENA as soon as reasonably practicable and sends a written report within 10 days (reg 3). |
| Death of a non-worker or self-employed person | The occupier has the same duty (reg 3). |
| Dangerous occurrence | The occupier notifies as soon as reasonably practicable and reports within 10 days (reg 4). |
| Employee injured with more than 3 consecutive days' medical leave, or in hospital for at least 24 hours | The employer reports within 10 days (reg 5). |
| Occupational disease | The employer reports within 10 days of a written diagnosis, and the diagnosing doctor also reports (reg 6). |
Keep records of notifications and reports for 3 years (reg 7). Report through SHENA's online form, the 24/7 duty line +673 733 2200, or iin@shena.gov.bn.
Working at height
The WSH (Work at Heights) Regulations, 2025 took effect on 1 January 2025. They define hazardous work at height as work where a person could fall more than 3 metres, and require:
- a fall prevention plan (reg 5) at any worksite, any shipyard, petroleum and petrochemical plants, large bulk storage of toxic or flammable liquids, certain chemical, pharmaceutical and semiconductor factories, and any other factory with 50 or more employees;
- training and supervision (regs 6 and 7);
- a permit-to-work system for hazardous work at height (regs 19 to 27);
- rules for industrial rope access (regs 28 and 29).
SHENA's industry guidance notes cover scaffolding, work at height, rescue plans and permits-to-work. See also our working at height hub.
Penalties
| Offence | Maximum penalty |
|---|---|
| General penalty (s 49) | Individuals: BND 200,000, 2 years' jail, or both. Companies: BND 10,000,000. Plus up to BND 2,000 (individuals) or 5,000 (companies) a day for a continuing offence. |
| Repeat offence causing death (s 50) | Individuals: BND 400,000. Companies: BND 20,000,000. |
| Ignoring a stop-work order (s 21(7)) | BND 500,000, 1 year's jail, or both, plus up to BND 20,000 a day. |
| Ignoring a remedial order (s 21(6)) | BND 50,000, 1 year's jail, or both, plus up to BND 5,000 a day. |
| Persons at work breaching their duties (s 15(4)) | BND 1,000, or BND 2,000 for a repeat conviction. |
| Breaching the Work at Heights Regulations (reg 30) | BND 20,000, 2 years' jail, or both. |
SHENA can compound prescribed offences for no more than half the maximum fine or BND 5,000, whichever is lower (s 55).
Quick check for your site
- A current risk assessment for your work, reviewed at least every 3 years and after changes.
- Emergency procedures, and instruction, training and supervision for the work being done.
- Contractors' expertise, licences and risk assessments checked before they start.
- A fall prevention plan and a permit-to-work system if you carry out work where someone could fall more than 3 metres.
- Everyone knows how to report incidents to SHENA and the 10-day written report deadline.
Sources
This is practical guidance, not legal advice. Check the current official text and your site's own procedures.
