SINGAPORE
The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
Under the Workplace Safety and Health Act, it stipulated that:
a. “occupational disease” means any disease specified in the Second Schedule and
b. any other disease that is directly attributable to any exposure to any chemical or biological agent arising out of and in the course of any employment..
Although COVID-19 is not listed under this Second Schedule, it could potentially fall under condition b; at this stage, therefore it remains legally untested.
However, COVID-19 is classified as an Infectious Diseases as stipulated under the First and Schedule of Infectious Diseases Act. This indicates that COVID-19 is therefore, classified as a public health disease rather than a workplace illness.
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
Confirmed COVID-19 patients will only be discharged after having negative results from a series of medical tests by a medical team.
In order to minimize the spread of COVID-19, Singapore currently has a temporary measure in place (called Circuit Breaker) which only allows essential services providers to continue their business activities during the period of 7 Apr 2020 to 1 Jun 2020. Non-essential businesses need to either suspend their work activities or work from home.
After implementing temporary measure called Circuit Breaker, which only allows essential services providers to continue their business activities during the period of 7 Apr 2020 to 1 Jun 2020, selected business could resume their activities from 2 Jun 2020. Singapore will embark on a three-phased approach to resume activities safely. Employers will need to implement safe management measures when resuming its operations. Specific workplaces like construction worksites, manufacturing plants, Retails and F&B will have to fulfil additional requirements.
Phase 1
Singapore will gradually re-open economic activities that do not pose high risk of transmission. More Singaporeans will be allowed to go back to work, starting with businesses that operate in settings with lower risks of transmission. Employees who can telecommute or work from home should continue to do so. Some services will also be allowed to reopen – these include motor vehicle servicing, aircon servicing, basic pet services, and hairdressers or barbers offering all services.
In particular for construction industry, only certain project sites are allowed to resume activities with approval from Building Construction Authority. Strict safe management measures are to be implemented in such project sites, e.g. safe distancing, dedicated transport for workers, PPE, swab-test, etc.
Phase 2
The Government will carefully monitor the effects of increased activity in Phase One, and if the community infection rates remain low and stable over the subsequent two weeks from Phase One, Phase Two could happen before the end of June. In Phase Two, more activities will resume. Almost the entire economy will re-open, subject to safe management measures being in place. Retail, F&B, personal health and wellness, home-based services, sports and public facilities will be allowed to resume, with safe management measures, group size and capacity limits in place.
Phase 3
In this phase, Singapore would have reached a new normal and will likely to remain at this state until an effective vaccine or treatment is developed. It is expected that social, cultural, religious and business gatherings or events would have resumed. However, sizes of gatherings will have to be limited.
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
A Taskforce comprised of multiple ministries was set up in late Jan 2020. The Taskforce directs the national ‘whole-of-government’ response to the COVID-19 outbreak; coordinates the community response to protect Singaporeans and stays vigilant against the spread of the disease; and works with the international community to respond to the outbreak.
In addition to the existing Infectious Diseases Act, new legislation - COVID-19 (Temporary Measures) Act 2020 was enacted on 7 Apr 2020 to provide temporary measures concerning the COVID-19 epidemic or pandemic. The measures in the Act are targeted and temporary and are designed to alleviate the unexpected pressures COVID-19 has caused to individuals, firms and other businesses, as well as the day-to-day operation of the courts and to empower the making of control orders to control the incidences and transmission of COVID-19.
Advisories and guidelines on COVID-19 were published on the respective Ministries’ websites to support the implementation and enforcement of the mentioned legislation. Information and updates can be found by visiting the website of the Ministry of Health. On this website, a full list and links for guidance by ministry and sector can be found.
https://www.moh.gov.sg/covid-19/advisories-for-various-sectors
The information also includes sector specific advisories such as for; transportation, building construction, education, employment, etc.
From 2 June 2020, the Singapore will embark on a three-phased approach to resume activities safely. To provide a safe working environment and to prevent transmission at the workplace, businesses are required to abide by the nation-wide general guidelines for workplaces (https://www.mom.gov.sg/covid-19/requirements-for-safe-management-measures). Businesses should also adhere to the sector-specific guidelines released by the respective agencies (https://covid.gobusiness.gov.sg/safemanagement/sector/).
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory
Guidelines and Advisories were issued by relevant Ministries.
Although they may not have direct legislative effect, advisories and guidelines were published with the intention to directly support the relevant regulatory requirement and therefore are considered mandatory. Public and business owners are to follow the advisories and guidelines where reasonable and may seek clarification with the relevant Ministries.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
Yes, the main penalties are stipulated in the following legislation (as of 24 Apr 2020):
Infectious Diseases Act, Section 65: Any person guilty of an offence under this Act for which no penalty is expressly provided shall —
(a) in the case of a first offence, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b) in the case of a second or subsequent offence, be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
COVID-19 (Temporary Measures) Act, Section 35(11): A person who commits an offence under subsection (9) or (10) shall be liable on conviction —
(a) to a fine not exceeding $10,000 or to imprisonment for a 30 term not exceeding 6 months or to both; or
(b) in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Infectious Diseases (COVID-19 — Stay Orders) Regulations, Regulation 4(4):
An individual who is guilty of an offence under paragraph (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
In addition to the above, relevant Government Authorities (such as National Environment Agency, Singapore Food Agency) may also impose penalties which support the main Acts and subsidiary legislations.
6. Has your country adopted any laws or regulations related to COVID-19?
The existing Infectious Disease Act and its relevant subsidiary legislation were amended to address the COVID-19 situation. Moreover, COVID-19 (Temporary Measures) Act and its relevant subsidiary legislation were newly enacted to specifically battle the COVID-19 situation in Singapore. Visit the below website for ministry and sector specific information:
https://www.moh.gov.sg/covid-19/advisories-for-various-sectors
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.