MALAYSIAN INDUSTRIAL RELATIONS
&
EMPLOYMENT LAW
Author: Maimunah Aminuddin
Chapter Four
The Law on Occupational
Safety & Health
Malaysian Industrial Relations &
Employment Law
1
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 goods
Malaysian Industrial Relations &
Employment Law
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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 Law
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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 Law
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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 Law
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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
diseases
Malaysian Industrial Relations &
Employment Law
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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
17