Company certified by MOM as learning service provider for workplace safety
A District Court in Singapore recently dealt with a case involving an accused who was the director of a company that provided job training and vocational rehabilitation services.
The accused pleaded guilty to ten charges under the Workplace Safety and Health Act (WSHA) for issuing false certificates and consented to 26 other similar charges to be taken into consideration for sentencing.
The case highlights the importance of workplace safety and health training courses in equipping individuals with the necessary knowledge and skills to perform their roles safely at work.
The court said that by issuing false certificates to trainees who attended truncated courses, there was a real risk that these trainees would be appointed to carry out various works without the necessary qualifications and training, potentially leading to an increased risk of accidents at the workplace.
Background of the case
The company involved in the case had been certified by the Ministry of Manpower (MOM) as a Learning Service Provider to conduct workplace safety and health training courses from May 2015 until its withdrawal from the scheme in November 2019.
These courses included the Metal Scaffold Erector Course, Supervision of Metal Scaffold Erector Course, Formwork Supervisor Safety Course, Work at Height Course for Workers, and Managing Work at Height.
To become a Learning Service Provider, a training provider had to receive ISO 29990:2010 Learning services for non-formal education and training certification and conform to MOM's Technical Notes, which stipulated course requirements such as duration, trainer criteria, trainees' prerequisites, learning objectives, assessment methods, and criteria.
In early 2018, the director of the company and a marketing agent agreed to conduct courses with shortened durations, guaranteeing that trainees would pass regardless of their competence in the subject matter.
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As a result, the company conducted significantly shortened courses, and trainers provided answers to most trainees during assessments. Some courses did not include any practical assessment as required by MOM. The company created false attendance sheets and certificates, which were given to the trainees.
Charges and statement of facts
According to records, the director pleaded guilty to ten charges under the WSHA for issuing false certificates required for the purposes of the Act.
The Statement of Facts revealed that between 2018 and 2019, the company created ten false certificates, stating that the trainees had successfully completed the courses by attending training on the dates stated in the certificates.
The director had consented to the commission of these offences by instructing the company's trainers and staff to shorten the course durations and ensure that all trainees passed the courses.
The false certificates were given to the trainees through various marketing agents, who would then transfer $300 to $350 per trainee to the director's corporate account. During the material period, the company issued no less than 37 false certificates to 14 trainees.
Court’s sentencing considerations
The Court emphasised the importance of general deterrence in such cases, as offences affecting public safety warrant its application. As stated by the High Court in a previous case, "offences affecting public safety is one of the categories of offences which warrant the application of general deterrence."
The Court also highlighted the legislative intent behind the WSHA, as expressed by the former Minister for Manpower during the Second Reading of the Workplace Safety and Health Bill:
"Instead of reacting to accidents after they have occurred, which is often too little too late, we should reduce risks to prevent accidents. To achieve this, all employers will be required to conduct comprehensive risk assessments for all work processes and provide detailed plans to minimise or eliminate risks."
The Court further noted that the objective of reducing risks at workplaces is one of the key policy objectives under the WSHA, as evident from the former Minister's speech:
"Three fundamental reforms in this Bill will improve safety at the workplace. First, this Bill will strengthen proactive measures. Instead of reacting to accidents after they have occurred, which is often too little too late, we should reduce risks to prevent accidents."
After considering the relevant factors, the court found that a sentence of at least three months' imprisonment was appropriate for each of the charges. The court also ordered for the sentences of four out of the ten charges to run consecutively, resulting in a global sentence of 12 months and six weeks' imprisonment.
The court also highlighted the pressing public interest concern to deter such unlawful behaviour, as it could contribute to a greater risk of accidents at the workplace:
"I agree with the Prosecution that there is a pressing public interest concern to deter such unlawful behaviour. Such offending could contribute to a greater risk of accidents at the workplace),” the court said.
This case serves as a reminder of the importance of workplace safety and health training courses and the severe consequences that can arise from issuing false certificates.