PP v GS Engineering: Workplace Safety, Health Act & Sentencing
The Public Prosecutor appealed against the sentence imposed on GS Engineering & Construction Corp by the District Judge for an offence under s 12(1) of the Workplace Safety and Health Act (WSHA). The Respondent had breached its duty as an employer to take necessary measures to ensure the safety and health of its employees at work insofar as this was reasonably practicable, resulting in the death of two workers. The High Court allowed the appeal and increased the fine from $150,000 to $250,000, setting out sentencing considerations for such offences.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
GS Engineering fined $250,000 for WSHA breach after two workers died due to unsecured loading platform. High Court sets sentencing framework.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Ang Feng Qian, Mansoor Amir |
| GS Engineering & Construction Corp | Respondent | Corporation | Fine Increased | Lost | Lim Tahn Lin Alfred, Clarissa Lin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ang Feng Qian | Attorney-General’s Chambers |
| Mansoor Amir | Attorney-General’s Chambers |
| Lim Tahn Lin Alfred | Quahe Woo & Palmer LLC |
| Clarissa Lin | Quahe Woo & Palmer LLC |
4. Facts
- GS Engineering was the main contractor for constructing two towers at Fusionopolis Way.
- Two of GS Engineering's employees died after falling from the seventh floor of a worksite.
- The workers were loading an air compressor onto an unsecured loading platform.
- The loading platform was suspended by a tower crane instead of being securely installed.
- The air compressor rolled off the platform, causing it to tilt and the workers to fall.
- The workers were not wearing safety harnesses.
- The Respondent did not apply for the requisite permit-to-work in respect of the lifting of the loading platform.
5. Formal Citations
- Public Prosecutor v GS Engineering & Construction Corp, Magistrate’s Appeal No 9150 of 2015, [2016] SGHC 276
- Public Prosecutor v GS Engineering & Construction Corp, , [2016] SGDC 89
6. Timeline
| Date | Event |
|---|---|
| Three major workplace accidents occurred in Singapore | |
| Workplace Safety and Health Act enacted | |
| Project commenced | |
| Accident occurred at worksite | |
| Project scheduled to be completed | |
| Magistrate’s Appeal No 9150 of 2015 | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Breach of Workplace Safety and Health Act
- Outcome: The court found that the Respondent had breached its duty under s 12(1) of the WSHA.
- Category: Substantive
- Sub-Issues:
- Failure to ensure safety and health of employees
- Failure to implement safe system of work
- Failure to provide fall protection equipment
- Sentencing for WSHA Offences
- Outcome: The court held that the sentences imposed for WSHA offences were too low and set out sentencing guidelines.
- Category: Procedural
- Sub-Issues:
- Legislative intent behind WSHA penalties
- Deterrent effect of sentences
- Consideration of culpability and harm
8. Remedies Sought
- Increased Fine
9. Cause of Actions
- Breach of Statutory Duty
10. Practice Areas
- Criminal Law
- Workplace Safety
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mehra Radhika v Public Prosecutor | High Court | Yes | [2015] 1 SLR 96 | Singapore | Cited for the principle that legislative intent is relevant for sentencing. |
| Public Prosecutor v Pang Shuo | High Court | Yes | [2016] 3 SLR 903 | Singapore | Cited for the principle that legislative intent is relevant for sentencing. |
| R v F Howe & Sons (Engineering) Ltd | English Court of Appeal | Yes | [1999] 2 All ER 249 | England and Wales | Cited for the framework used in determining the appropriate fine for similar offences under the English Health and Safety at Work Act 1974. |
| Public Prosecutor v Vitria Depsi Wahyuni (alias Fitriah) | Court of Appeal | Yes | [2013] 1 SLR 699 | Singapore | Cited as an example where the increase in maximum prescribed punishment was not because Parliament had viewed the offence with increased severity. |
| Koh Yong Chiah v Public Prosecutor | High Court | Yes | [2016] SGHC 253 | Singapore | Cited as an example where the increase in maximum prescribed punishment was not because Parliament had viewed the offence with increased severity. |
| Poh Boon Kiat v Public Prosecutor | High Court | Yes | [2014] 4 SLR 892 | Singapore | Cited for the principle that the maximum sentence that is stipulated for an offence signals the gravity with which Parliament views that offence. |
| Janardana Jayasankarr v Public Prosecutor | High Court | Yes | [2016] 4 SLR 1288 | Singapore | Cited for the principle that the maximum sentence that is stipulated for an offence signals the gravity with which Parliament views that offence. |
| Ong Chee Eng v Public Prosecutor | High Court | Yes | [2012] 3 SLR 776 | Singapore | Cited for the principle that the court must resist an unhesitating application of benchmark sentences without first thoroughly considering if the particular factual circumstances of a case fall within the reasonable parameters of the benchmark case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) | Singapore |
| s 12(1) of the Workplace Safety and Health Act | Singapore |
| s 20 of the Workplace Safety and Health Act | Singapore |
| s 50(b) of the Workplace Safety and Health Act | Singapore |
| s 51 of the Workplace Safety and Health Act | Singapore |
| s 10(c) of the Workplace Safety and Health Act | Singapore |
| s 15 of the Workplace Safety and Health Act | Singapore |
| Factories Act (Cap 104, 1998 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 304(a) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 182 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Workplace Safety and Health Act
- Loading Platform
- Lifting Operation
- Permit-to-Work
- Risk Assessment
- Safety Harness
- Reasonably Practicable
- Sentencing Framework
- Culpability
- Potential Harm
- Deterrence
15.2 Keywords
- Workplace Safety and Health Act
- WSHA
- Sentencing
- Construction Accident
- Negligence
- Singapore
- High Court
- Appeal
16. Subjects
- Workplace Safety
- Sentencing Guidelines
- Criminal Law
17. Areas of Law
- Criminal Procedure
- Sentencing
- Workplace Safety and Health Law