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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 law author maimunah aminuddin

MALAYSIAN INDUSTRIAL RELATIONS &EMPLOYMENT LAWAuthor: Maimunah Aminuddin

Chapter Four

The Law on Occupational Safety & Health

Malaysian Industrial Relations & Employment Law


Preview

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

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

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 cont1

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

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

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

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 cont1

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 cont2

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 cont3

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 cont4

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 cont5

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 cont6

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 cont7

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 cont8

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

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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