FACTORIES BILL

Order for Second Reading read.

3.30 p.m.

The Minister for Labour (Mr Ong Pang Boon): Mr Speaker, Sir, I beg to move "That the Bill be now read a Second time".

The Factories Bill was introduced in Parliament early this year. It was committed to the Select Committee after its Second Reading on 28th March, 1972. The Bill now before the House is essentially the same as the earlier version except for a few additional amendments.

Sir, we are very concerned with the trend of industrial accidents which have been increasing annually since 1967. Despite the efforts of the Government to inculcate safety consciousness among the workers and management and in spite of more stringent enforcement of the Factories Act by an expanded Factory Inspectorate, the number of industrial accidents is still increasing. There were 2,220 industrial accidents in the first nine months of this year compared with 1,374 for the same period last year, an increase of 62 per cent.

Members are well aware of the social and economic cost of every industrial accident. The most painful aspect, however, is the human suffering, anguish and misery caused by the loss of life and health. The loss of a father, a husband, or a loved one can never be fully compensated whatever the quantum of monetary compensation may be. For this reason alone, our conscience dictates that we must do everything possible to prevent the occurrence of any industrial accident.

Sir, we are aware of the fact that we cannot hope to eliminate or reduce the incidence of industrial accidents through legislation alone. However, a piece of legislation as archaic as the Factories Act enacted in vastly different circumstances 14 years ago will not make our task any easier. There have been times when we felt utterly frustrated simply because our powers were inadequate to deal more effectively with certain heartless employers who had no regard whatsoever for the welfare, health and safety of their employees. It is no consolation to us that there are not many of such employers. The greatest asset of Singapore is its human resources. We, therefore, value the life and health of each and every one of our workers. We cannot and will not tolerate such callousness especially when our human resources are being fully stretched by the burgeoning industries. The Bill now before the House seeks to remove the inadequacies of the present Factories Act.

Sir, the Bill seeks to repeal and reenact with amendments the Factories Act (Chapter 123 of the 1970 Revised Edition) with a view to improving the health and safety measures and the welfare facilities of persons employed in factories; and ensuring a more stringent observance of the safety provisions so as to reduce the rate of industrial accidents. The more significant changes to the existing legislation are described in the Explanatory Statement to the Bill.

I would like, however, to comment on some of the more important changes. Clause 94 of the Bill empowers the Minister to appoint an Advisory Council for Industrial Health and Safety. Hitherto, there was no institutional arrangement through which advice could be sought on matters pertaining to industrial health and safety. The proposed Advisory Council will have representatives from, management, trade unions and professional bodies and will, therefore, be able to collectively advise the Minister on matters affecting safety, health and welfare.

Another important innovation introduced by the Bill is the appointment of safety officers. Clause 64 of the Bill requires certain factories to appoint safety officers solely for the purpose of exercising general safety supervision and for promoting the safe conduct of work. With the rapid growth of the number of factories in Singapore, it would be physically impossible for the Factory Inspectorate to make regular and periodic inspections on all these factories. It would therefore be necessary to require that management police their own factories and ensure that they are safe. In addition, factories employing 50 or more persons will be required to set up safety committees to promote health, safety and welfare in their establishments. The rationale behind this requirement, which is set out in clause 65 of the Bill, is that both management and labour, which will be represented on the safety committee, can jointly contribute and participate in the promotion of industrial safety.

In keeping with the Government's antipollution programme, the occupier of a factory will be required to take special preventive measures against the emission of harmful substances in the atmosphere. He will also be asked to provide appropriate protection for employees engaged in hazardous processes. Clause 59 of the Bill will require the occupier to substitute, wherever possible, less harmful substances, processes or techniques for their more harmful counterparts.

The Bill also pays greater attention to workers engaged in occupations involving special risks to health. Under clause 62 of the Bill, the Minister can make regulations to require medical supervision and examination of persons employed in occupations specified in the Seventh Schedule of the Bill.

Under the present Act, certain provisions relating to the safety of an employee are made applicable to work carried out in a harbour or wet dock in constructing, re-constructing, repairing, refitting, painting, finishing, or breaking up a ship, or in scaling, surfing or cleaning boilers in a ship, or in cleaning any tank or holds in a ship. In view of the growing importance of our shipbuilding and repairing industry and the rapid expansion of our port and harbour facilities, it is necessary to make further provisions for the health and safety of those workers who are engaged in the shipyards, the port and the harbour. These will be provided for in clause 68 of the Bill.

It is estimated that about 65 per cent of the accidents have been caused by the negligence or refusal on the part of the worker to use safety appliances provided and observe the measures stipulated. Clause 73 of the Bill makes it mandatory for employed persons to use the safety appliances provided. In order, therefore, that this provision is strictly observed, it is necessary that the culprits are brought to book quickly and dealt with effectively. Clause 81 of the Bill, therefore, provides that any authorised police officer or Inspector of Factories may arrest without any warrant any employed person who has contravened clause 73 of the Bill and produce him before a Magistrate's Court. Alternatively, the police officer or Inspector can straightaway serve a "ticket" on the offender to attend at the Magistrate's Court to answer the charge. In addition, clause 78 empowers an Inspector of Factories to require any person acquainted with the facts and circumstances of an accident or a dangerous occurrence taking place in a factory to attend before him and state truly the facts and circumstances with which such person is acquainted concerning the accident or dangerous occurrence.

Finally, the Bill provides for an increase in the quantum of fines or term of imprisonment imposed for infringements of the Bill. For instance, under the did Factories Act, the penalty for operating an unregistered factory was a fine not exceeding $1,000 or a term of imprisonment not exceeding three months. Under this Bill, both the fine and term of imprisonment have been increased to $5,000 and six months respectively. Similarly, under the Factories Act, the penalty for an employed person found infringing the provisions of the Act s a fine not exceeding $500 or a term of imprisonment not exceeding three months. This Bill has now increased the fine payable to a sum not exceeding $2,000. Such stiffening of the penalties for infringements of the law is clearly needed to bring home the urgency of the problem, if employers and workers are to be deterred from contravening the provisions of the Bill.

Sir, in view of the importance of this Bill and the extensive amendments being made to the present Act, I propose to commit the Bill to a Select Committee again.

Mr Speaker, Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time.

Resolved,

"That the Factories Bill be committed to a Select Committee consisting of Mr Speaker as Chairman and seven Members to be nominated by the Committee of Selection."- [Mr Ong Pang Boon].