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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin. Chapter Four The Law on Occupational Safety & Health. Preview. Rates of occupational accident and disease high Cost of occupational accidents and disease high Factories and Machinery Act

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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

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  1. MALAYSIAN INDUSTRIAL RELATIONS &EMPLOYMENT LAWAuthor: Maimunah Aminuddin Chapter Four The Law on Occupational Safety & Health Malaysian Industrial Relations & Employment Law

  2. 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

  3. Status of occupational safety in Malaysia Accident rate since 1995: Cost of compensation paid to accidentvictims: Malaysian Industrial Relations & Employment Law

  4. 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 goods Malaysian Industrial Relations & Employment Law

  5. 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

  6. 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

  7. 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 Law

  8. 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

  9. 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

  10. Occupational Safety and Health Act, cont. Requirements of OSHA Employers must give appropriate information and training to employees. Malaysian Industrial Relations & Employment Law

  11. 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

  12. 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 Law

  13. 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

  14. 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 Law

  15. 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

  16. 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 diseases Malaysian Industrial Relations & Employment Law

  17. 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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