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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin PowerPoint PPT Presentation


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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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MALAYSIAN INDUSTRIAL RELATIONS &EMPLOYMENT LAWAuthor: Maimunah Aminuddin

Chapter Four

The Law on Occupational Safety & Health

Malaysian Industrial Relations & Employment Law


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


Status of occupational safety in Malaysia

Accident rate since 1995:

Cost of compensation paid to

accidentvictims:

Malaysian Industrial Relations & Employment Law


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


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


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


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


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


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


Occupational Safety and Health Act, cont.

Requirements of OSHA

Employers must give appropriate information and training to employees.

Malaysian Industrial Relations & Employment Law


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


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


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


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


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


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


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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