Tuas Incineration Plant explosion: National Environment Agency and 2 officers charged for workplace safety offences

SINGAPORE — The National Environment Agency (NEA) and two of its employees have been charged with workplace safety offences on Tuesday (26 December), following an explosion at the Tuas Incineration Plant (TIP) in 2021. This explosion resulted in the death of two lives and caused injuries to another employee.

The charges issued by the Ministry of Manpower (MOM) allege that NEA had failed to take necessary safety measures to ensure the safety and well-being of its employees while at work.

These alleged oversights are claimed to have directly contributed to the fatal incident involving TIP employees Kwok Yeow Wai and Wee Eng Leng. The lapses in safety protocols also resulted in injuries to Low Yin Choon, as reported by The Straits Times.

According to NEA, Christopher Lee Yew Binn, who was the divisional director of the waste infrastructure operations and management division of NEA at the time, and Ng Wah Yong, the then-general manager of TIP, have each received one charge under the Workplace Safety and Health Act.

NEA: Deaths continue to be deeply felt

Following the charges brought against them, NEA stated through a media statement on Tuesday that it would study the charge with its legal counsel.

"The incident at the TIP resulted in the deaths of two NEA officers. Their passing continues to be deeply felt by the NEA community. A third NEA officer who suffered serious injuries during the incident has since recovered and returned to work," the agency said in its statement.

The agency emphasised its full cooperation with MOM during the investigations into the incident. However, due to the ongoing legal proceedings, NEA refrained from providing further comments.

Lee and Ng remain employed by NEA, but have been reassigned to non-operational roles while awaiting the legal proceedings' outcome.

The TIP (Tuas Incineration Plant) was decommissioned in 2022, and its operations were taken over by a facility named TuasOne.

What happened during the Tuas plant explosion?

The explosion at the Tuas Avenue 20 plant occurred on 23 September 2021. MOM had said in a media release then that the control room at the plant was unable to remotely switch off an industrial fan.

The three NEA officers were tasked with addressing the issue and were working inside an electrical switch room when the explosion happened. One of the men was pronounced dead at the scene, while the other two suffered burn injuries. Despite being taken to the hospital, one of them died three days later.

According to ST, NEA stated that all three men were experienced senior members of the plant's electrical maintenance branch, each with over 35 years of service.

NEA's charge and individuals' accountability

According to the charge details stated in the MOM statement, NEA allegedly failed to ensure that the permit-to-work system, implemented for high-voltage switchgear racking works, adhered to prevailing regulations. Furthermore, it allegedly failed to adequately implement control measures or establish safe work procedures for these operations.

Ng faced charges for multiple acts of negligence, including the failure to ensure that the permit-to-work system met regulatory standards. On the other hand, Lee was charged specifically for approving a permit-to-work system that did not align with the required regulations.

The legal filings mentioned that the actions of these two individuals negligently endangered the safety of others at the plant without reasonable cause.

Court adjournment and potential ramifications for NEA, Lee, and Ng

ST reported that Senior Counsel Jason Chan from Allen and Gledhill is NEA's legal representation. Lee and Ng are represented by Laura Yeo and Stephania Wong from Rajah and Tann, respectively.

During a court session on Tuesday, Deputy Public Prosecutor Agnes Chan stated that the prosecution was prepared for a plea. However, the lawyers representing NEA, Lee, and Ng did not state any plea, and requested an eight-week adjournment instead to confirm instructions from their clients regarding the case.

The next court hearing is scheduled for 20 February 2024.

In the event of a conviction, NEA could face a fine of up to $500,000. If found guilty, Lee and Ng could face penalties of up to $30,000 in fines or a maximum imprisonment term of two years, respectively.

Following the charges, Minister of Sustainability and the Environment Grace Fu announced that she will deliver a ministerial statement addressing the incident and the charges in the next Parliament sitting in January.

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