The case concerns a worker’s death due to a workplace accident, found to be a breach of his employer’s duty to take reasonably practicable measures to ensure the safety and health of its employees by the negligence of his supervisor.

The District Court sentenced the respondent to a fine of S$220,000 based on the sentencing framework set out in previous cases.

The Prosecution appealed against the sentence and argued that a heftier fine of SGD 260,000 to SGD 280,000 was appropriate.

On appeal, the General Division of the High Court (SGHC) established a new sentencing framework for offences under section 12 of the WSHA, which imposes a duty on employers to ensure the safety and health of employees at work.

The SGHC rejected the previous sentencing framework that only considered the employer’s culpability and potential harm caused by the employer’s breach, stating that the sentencing judge should also consider the actual damage caused by the employer’s breach at this stage.

The SGHC also introduced an increase in the indicative starting point sentences at each level of harm and culpability.

In the present case, the SGHC found that the fault was moderate but had caused a high level of damage, as the worker had died due to the work accident, with an indicative penalty estimate of SGD 300,000.

However, under the second stage of the judgment, which provides for an indicative penalty calibration based on aggravating and mitigating factors specific to the offence, the penalty was calibrated downwards to SGD, 250,000considering that the employer had cooperated with the investigation and put in place post-accident rectification work.

The decision is important because the new sentencing framework that applies to similar cases can lead to greater certainty and consistency in sentencing.

This confirms that it is extremely important for employers to comply with the Workplace and Safety and Health Act 2006 and verify its application by all supervisors.