MALAYSIAN INDUSTRIAL RELATIONS &

EMPLOYMENT LAW Author: Maimunah Aminuddin

Chapter Four

The Law on Occupational Safety & Health

Malaysian Industrial Relations & Employment Law

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Preview

Rates of occupational accident and disease high

Cost of occupational accidents and disease high

Factories and Machinery Act Occupational Safety and Health Act (OSHA) Duties of employers under OSHA Powers of DOSH officers Occupational health issues

Malaysian Industrial Relations & Employment Law

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Status of occupational safety in

Malaysia

Accident rate since 1995:

Cost of compensation paid to

accident victims:

Malaysian Industrial Relations & Employment Law

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Status of occupational safety in Malaysia, cont.

The Cost of Accidents to Employers Cost of wages to injured employee

on medical leave Cost of medical bills Cost of transporting worker

to clinic or hospital Time cost Cost of repair to machinery or

goodsMalaysian Industrial Relations &

Employment Law4

Status of occupational safety in Malaysia, cont.

The Cost of Accidents to Employers

Cost of damage to company

image

Cost of lost production/overtime

Cost of lowered morale

Malaysian Industrial Relations & Employment Law

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Factories and Machinery Act

Act introduced in 1967

Covers only factories and places with industrial machinery

Very detailed requirements

Department of Occupational Safety and Health required to inspect premises regularly

Malaysian Industrial Relations & Employment Law

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Occupational Safety and Health Act

Scope: Nearly all employers and employees

in the private and public sectors

Philosophy of the Act:“The responsibility to ensure safety and health at the workplace lies with those who create the risk and with

those who work with the risk”Malaysian Industrial Relations &

Employment Law7

Occupational Safety and Health Act, cont.

Duty of Employers:“To provide a workplace which so far as is

practicable is without risk to health”

This duty includes: Ensuring proper arrangements for

operation, handling, storage & transport of plant and substances

Provision of information, training & supervision to employees

Provision of adequate welfare facilities

Malaysian Industrial Relations & Employment Law

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Occupational Safety and Health Act, cont.

Requirements of OSHA

Every employer with more than 5

employees must draft,

disseminate and revise a safety

policy.

Malaysian Industrial Relations & Employment Law

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Occupational Safety and Health Act, cont.

Requirements of OSHA

Employers must give appropriate

information and training to

employees.

Malaysian Industrial Relations & Employment Law

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Occupational Safety and Health Act, cont.

Requirements of OSHA

Employers in designated

industries must employ a

qualified safety and health

officer.

Malaysian Industrial Relations & Employment Law

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Occupational Safety and Health Act, cont.

Requirements of OSHA

All employers with more than 40

employees must establish a

safety & health committee which

must meet at least once every 3

months.Malaysian Industrial Relations &

Employment Law12

Occupational Safety and Health Act, cont.

Requirements of OSHA

Employers must inform DOSH of

all major employee accidents

and occupational diseases.

Malaysian Industrial Relations & Employment Law

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Occupational Safety and Health Act, cont.

Requirements of OSHA

Employees must wear Personal

Protective Equipment (PPE)

provided by the employer.

Employees must comply with all

safety rules.Malaysian Industrial Relations &

Employment Law14

Occupational Safety and Health Act, cont.

Power of DOSH

To enforce OSHA, DOSH officers

can:

issue an improvement notice, or

issue a prohibition notice.

Malaysian Industrial Relations & Employment Law

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Occupational Safety and Health Act, cont.

Health Issues

Noise

Exposure to mineral and other dusts

Exposure to lead and asbestos

Exposure to radiation

Stress

Life-style diseasesMalaysian Industrial Relations &

Employment Law16

Review

Rates of occupational accident and disease high

Cost of occupational accidents and disease high

Factories and Machinery Act Occupational Safety and Health Act (OSHA) Duties of employers under OSHA Powers of DOSH officers Occupational health issues

Malaysian Industrial Relations & Employment Law

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