INGENIEUR
INGENIEUR
Section 18A : Subsection ( 3 )( f )
( f ) the development and implementation of procedures for dealing with emergencies that may arise while the persons are at work .
Employee rights in line with International Labour Organisation
OSHA ( Amendment 2022 ) provides the statutory rights for the employee to remove himself from the place of work if there is imminent danger that could risk their safety and health . This is in line with the rights of employees , conforming to the International Labour Organisation ( ILO ) – Article 13 , ILO C155 , that states Employee ’ s right to remove themselves from the place of work if there are imminent danger that could risk their safety and health . Section 2A is added to protect the employee from undue consequences and discrimination by the principal when the employee removes himself from the danger . The definition of “ imminent danger ” is also defined in Section 26A :
Section 26A
26A . ( 1 ) An employee , after informing his employer or his representative that he has reasonable justification to believe there exist an imminent danger at his place of work , shall have the right to remove himself from the danger or the work if the employer fails to take any action to remove the danger .
Appointment of Occupational Safety and Health Co-ordinator
The latest amendment to OSHA also added Section 29A to make it mandatory to appoint an Occupation Safety and Health Co-ordinator to co-ordinate the Occupational Safety and Health legislation and OSH programmes at the place of work with five or more employees . Section 29 is also amended to ensure that a safety and health officer is only appointed for one place of work at any one time .
Section 29A
29A . ( 1 ) An employer whose place of work is not included in any class or description of place of work as published in the Gazette under subsection 29 ( 1 ) shall appoint one of his employees to act as an occupational safety and health coordinator if he employs five or more employees at his place of work .
Increased penalties and punishment
The fines that may be imposed against employers , self-employed persons and principals who breach their respective general duties under OSHA ( Amendment 2022 ) have been increased from RM50,000 to RM500,000 or imprisonment of two years , or both . Similarly , for designers , manufacturers and suppliers who breach their duties , the fines have been increased from RM20,000 to RM200,000 or imprisonment of two years , or both . Some of the increase in penalties are show in Table 1 .
OSHCIM to be made mandatory
The current guidelines on Occupational Safety and Health in Construction Industry ( Management ) 2017 ( OSHCIM ), published by DOSH , are expected to be made mandatory through the subsidiary regulations that will be introduced with OSHA ( Amendment 2022 ). The OSHCIM is an important paradigm shift for the construction industry where the philosophy of Prevention through Design will be introduced and the roles and responsibility of all the duty holders , including “ Principal Designer ” and “ Principal Contractor ”, are defined . OSHCIM will apply the risk management approach by managing the risk with the principle of prevention through design . OSHCIM introduced the Safety and Health File that documents all the hazards identified , risk assessed and risk control measures that can be implemented for the whole project life cycle .
OSHA ( Amendment 2022 ) defines the responsibility to ensure the safety and heath of employers , and employees and any persons ( other than employees ) at workplaces . While this article
14 VOL 96 OCTOBER-DECEMBER 2023