Terms and Conditions - Workplace Safety and Health Council

Terms and Conditions for Applicant and Grantee of WSH Culture Fund (WCF)
In this document, unless the context otherwise requires, the following definitions shall apply:
List of Definitions
Applicant
Any business entity which is applying to be a Participant in the CultureSAFE
programme, and is also applying for a Grant under the WCF.
CultureSAFE
Consultant
Organisation (CSCO)
Any organisation or consortium which is approved by WSHC to provide WSH
consultancy services under the CultureSAFE Programme to the Applicant.
CultureSAFE
Consultant (CSC)
Any WSHC-approved consultant of the CSCO who will provide WSH consultancy services
under the CultureSAFE to the Applicant.
Grant
The funding given by the Government under the WCF to the Grantee.
Grantee
Any Applicant which has been granted a Grant.
Participant
Any business entity which WSHC has approved for participation in the CultureSAFE
programme, and which has an e-tool account in the Programme.
Any enterprise which:
i.
Has least 30% shareholding that being held by Singapore citizens or Permanent
Residents;
Small and Medium
Enterprise (SME)
ii.
Has a group employment size of not more than 200 workers (including part
timers)
OR
Has a group annual sales turnover of not more than $100 million; and
iii.
iii
Is registered/incorporated in Singapore
WCF
The WSH Culture Fund, a Government grant to encourage eligible SMEs to establish,
maintain and sustain safety culture in their workplaces progressively and pervasively.
WSH
Workplace, safety and health.
WSHC
The Workplace Safety and Health Council, a statutory body of the Ministry of
Manpower established under the Workplace Safety and Health Act (Chapter 354A) ,
and includes its duly appointed servants and agents.
WSH culture building
initiatives
WSH-related training, education and in-house programmes to correct WSH culture gaps
identified by WSHC and/or further improve on current WSH profile of the organisation.
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Background on WCF
I.
The WCF has two tranches:
i.
A Grant given under the first tranche of the WCF has a cap of $5,000 and the purpose is
to reimburse the Grantee costs it incurred to implement Steps 1-2 of the CultureSAFE
Programme (Diagnostic and Reporting) (the “WCF (1st tranche)”).
ii.
A Grant given under the second tranche of the WCF has a cap of $25,000 and the purpose
is to reimburse the Grantee costs it incurred to implement Steps 3-5 of the CultureSAFE
Programme (Action Planning, Implementation & Review & Evaluation) (the “WCF (2nd
Tranche)”)
Terms and Conditions for WCF
a.
Section A – For Applicant of the WCF
The Applicant of the WCF, whether for WCF (1st tranche) or WCF (2nd tranche), agrees to
the following terms and conditions:
a.1 As the funds are limited, the Applicant’s application will be assessed in relation to other
applications. The Applicant’s application hence may be rejected even though the
Applicant met all the minimum criteria. WSHC is not obliged to divulge the reasons for
any application being rejected.
b.
Section B - For Grantee of WCF
The Grantee of WCF, whether for WCF (1st tranche) or WCF (2nd tranche), agrees to the
following terms and conditions:
General
b.1 The Grant is awarded at the discretion of WSHC and WSHC reserves the right to
withdraw the Grant at any time prior to its disbursement.
b.2 Upon the award of the Grant for a tranche, the Grantee shall no longer be eligible for
future WCF or equivalent assistance for that tranche.
Duties of Grantee
b.3 Grantee shall submit its intended project and the projected expenditure for the project
to WSHC for approval. If WSHC approves the intended project and projected
expenditure, an In-Principal Approval (“IPA”) will be given to the Grantee for the
approved project (the “Project”).
b.4 The Grantee shall commence the Project and/or incurs any costs related to the Project
only after the IPA for the Project has been given by WSHC.
b.5 The Grantee shall complete the Project and submit the report(s), invoice(s), receipts or
other proof of payment for that Project to WSHC by the date stated in the IPA for
payment to be made to the Grantee. If actual expenditure for the Project is less than
projected, WSHC may also reduce the Grant awarded at any time, at the discretion of
WSHC.
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b.6 The Grantee shall implement the action items as stated in the Project. The Grantee
shall not vary or alter any part of the Project without first obtaining WSHC’s written
approval. The disbursement of the Grant may also be reduced, withheld or withdrawn if
the Grantee failed to carry out the approved proposal to the satisfaction of WSHC.
b.7 The Grantee shall also be subjected to the following terms and conditions which may be
modified or amended at the discretion of WSHC at any time before the Grantee’s
accepts the letter of offer:
i)
ii)
iii)
iv)
The Applicant must meet the criteria of an SME in order to qualify for the
Grant.
The disbursement for the approved fund may be withheld or withdrawn in
the event that the deliverables for Step 1 and 2 of the CultureSAFE
Programme are not completed within 2 MONTHS, commencing from the
date of the IPA.
The disbursement for the approved fund may be withheld or withdrawn in
the event that the deliverables for Steps 3, 4 and 5 of the CultureSAFE
Programme are not completed within 10 MONTHS, commencing from the
date of the IPA.
The Grantee shall perform a subsequent CultureSAFE Step 1: Perception
based Survey after completion of Steps 3-5 of the CultureSAFE Programme.
Right to Audit
b.8 WSHC reserves the right to audit the Grantee(s) at any time to ensure that the
disbursed WCF is used appropriately. The Grantee shall cooperate fully with WSHC
during such audits and inspections. Grantee(s) should retain receipts, invoices as well as
any other written correspondence related to the Project for at least 3 years.
Withdrawal of Grant
b.9 The Grant may be withdrawn or cancelled, in full or in part by WSHC immediately,
without notice if:
i)
ii)
iii)
iv)
the Grantee breaches any terms and conditions herein;
the Grantee breaches any terms and conditions imposed on the Participant
in the ‘Terms and Conditions for Participant of the CultureSAFE Programme’;
misrepresent or give false or misleading statements by or on behalf of the
Grantee; or
any proceedings relating to liquidation, insolvency, bankruptcy, receivership,
winding up or judicial management (where applicable) of the Grantee has
commenced;
and the Grantee shall upon demand, forthwith refund and repay to WSHC all monies
which have been disbursed or paid to the Grantee under WCF .
Termination
b.10 WSHC reserves the right to suspend or terminate WCF at any time at its absolute
discretion and without assigning a reason for such suspension or termination by giving
the Grantee one month’s written notice. The Grantee shall not have any claim
whatsoever against WSHC in respect of such suspension or termination.
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Variation
b.11 Notwithstanding anything to the contrary, WSHC may at any time, after giving two
weeks’ notice, vary or revise: (i) the terms, content and criteria of the WCF; as well as
(ii) the terms and conditions in this document. The changes will take effect on the date
specified in such notice. WSHC may alternatively notify the Grantee of such changes via
media platforms as WSHC deems appropriate and notification via such media shall be
regarded as sufficient notice.
Waiver
b.12 The waiver by WSHC of a breach or a default of any terms and conditions in this
document by the Grantee, shall not be construed as a waiver of any succeeding breach
of the same or any other provision, nor shall any delay or omission on the part of WSHC
to exercise or avail itself of any right, power or privilege that it has or may have
hereunder operate as a waiver of any right, power or privilege by WSHC.
Severability
b.13 In the event that any of these terms or conditions or part thereof is held by a court of
competent jurisdiction to be unenforceable or invalid for any reason, the enforceability
and validity of the remaining terms or conditions shall not be affected and the rights
and obligations of the Grantee shall be construed and enforced as if this document did
not contain the particular term or condition or part thereof held to be unenforceable or
invalid.
Governing Law
b.14 These terms and conditions and all its subsequent variations shall be subject to,
governed by and interpreted in accordance with the domestic Laws of the Republic of
Singapore for every purpose. The Singapore courts shall have exclusive jurisdiction in
relation to any dispute arising from or relating to this document.
Others
b.15 The Grant is taxable and the Grantee shall include the Grant in the appropriate tax
returns. For queries on the income tax treatment of Grants, please email to IRAS at
[email protected].
b.16 The Grantee and its engaged CSC/CSCO may be prosecuted if they, for instance, obtain
the Grant by false or misleading statements.
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