Reports by MARTIN CARVALHO, RAHIMY RAHIM and TARRENCE TAN
EMPLOYERS who fail to ensure the safety and health of their workers are expected to face stiffer punishments under the proposed amendments to the Occupational Safety and Health Act 1994.
This comes after the Dewan Rakyat passed the Occupational Safety and Health (Amendment) Act 2020 yesterday, paving the way for better protection and safety for workers.
“The increases in the penalties serve as a deterrent to ensure that employers protect the safety of their workers,” Human Resources Minister Datuk Seri M. Saravanan said when tabling the Occupational Safety and Health (Amendment) Bill 2020.
The amendments will see penalties for several offences increased by between RM100,000 and RM500,000. Jail sentences would also be increased by between one and three years.
A new Section 26 gives employees the right to ‘remove’ themselves from a work area, if it is believed that there exists an “imminent danger” at the workplace. However, they must first inform their employers of the danger.
Amendments to Section 52 will also allow for company directors to be made jointly liable for offences under the Act.
On employees working from home, Saravanan said that employers will have to ensure, “as practically as possible”, the safety of their workers depending on their job scope.
He added that the government realised that more employees are working from home and the law is being amended to reflect this new normal.
“Working from home will be addressed through amendments to the Employment Act.
“Amendments to the Act are contained in the Employment (Amendment) Bill 2021 which will come up for second reading from Dec 14 to 16,” he said.
He said the Bill does not cover domestic helpers.
On another matter, Saravanan said the Occupational Health and Safety Committee has conducted 180,000 checks from January to August this year. Of these,138 cases were brought to court on charges involving penalties worth a total of RM1.56mil.
The Bill was later passed by a voice vote.