The Weaknesses of OSHA 1994 Implementation in Malaysian Construction Industry
DOI:
https://doi.org/10.33736/jcest.118.2013Abstract
Statistics from Department of Occupational Safety and Health (DOSH) Malaysia indicated that the construction sector suffers the highest level of occupational accident and fatalities almost every year. To overcome this problem, the government has come out with a legislative framework and action plans to deal with this situation. The study aims to identify the weaknesses of Malaysian employers and employees in implementing Occupational Safety and Health (OSHA 1994) in the construction industry and to highlight the responsibilities of both parties to comply as far as practicable of safety and health in construction site. Data were obtained via literature reviews and conducting workplace inspection. There is a high degree of consensus on the two important parties in assuming safety and health responsibilities who are employer and employee. The results indicate the weaker areas done by employers were: General duties of employers and self-employed persons to their employees; Duty to formulate safety and health policy; General duties of employers and self-employed persons to persons other than their employees; and Duties of occupier of a place of work to persons other than his employees. While the weaker areas done by employees were: General duties of employees at work; and Duty not to interfere with or misuse things provided pursuant to certain provisions. Thus, the suggestion for improvement towards safety and health practices was proposed according to the Master Plan (2005 – 2010) which introduced by CIDB. Therefore government bodies, contractors and consultants mostly agree on several stipulations under the Master Plan (2005 – 2010) subdivisions which are: Enforcement and Legislation; Education and Training; and Research, Development and Technology are the suggested areas of concern in which safety and health practices can be improved within the construction industry.
References
Abdul Rahim Abdul Hamid, Wan Zulkifli Wan Yusuf and Bachan Singh (2003). "Hazards at Construction Sites." Proceedings of the 5th. Asia- Pacific Structural Engineering and Construction Conference (APSEC 2003), 26-28 August, Johor Bahru, Malaysia, 2003.
CIDB, Malaysia (2005). Master Plan for Occupational Safety and Health in Construction Industry (2005-2010). Available: http://www.cidb.com.my/v6/files/OHSAS2006v2.pdf
Abd.Majid, M.Z.A., and McCaffer, R. (1997). "Assessment of Work Performance of Maintenance Contractors in Saudi Arabi". Journal of Management in Engineering. Sept/Oct 1997, pg 91.
https://doi.org/10.1061/(ASCE)0742-597X(1997)13:5(91)
Malaysia (2000). Occupational Safety and Health Act 1994 (Act 514) and Regulation and Orders. Kuala Lumpur: International Law Book Services. [5] Malaysia (2006), Guidelines on Occupational Safety and Health Act 1994, Act 514. Putrajaya: Department of Occupational Safety and Health Malaysia.
International Labour Organization, NATLEX. Malaysia Employment Act 1955. Retrieved October 22, 2010 from http://www.ilo.org/dyn/natlex/docs/WEBTEXT/48055/66265/E55mys01.htm#s1.
Barry G. Fryer, et al. (2004). The Practice of Construction Management : People and Business Performance. 4th Edition, Blackwell.
Maimunah Aminuddin (2006). Safety and Health at Work. Kelana Jaya, Selangor Darul Ehsan : Malayan Law Journal Sdn. Bhd.;Dayton, Ohio: LexisNexis.
Ahmadon Bakri, Rosli Mohd Zin, Mohd Saidin Misnan and Abdul Hakim Mohammed (2006). "Occupational Safety and Health (OSH) Management Systems: Towards Development of Safety and Health Culture." Proceedings of the 6th Asia-Pacific Structural Engineering and Construction (APSEC 2006), 6 September 2006, Kuala Lumpur, Malaysia.
Mohd saidin Misnan and Abdul Hakim Mohammed (2007). Development of Safety Culture in Construction Industry : A Conceptual Framework. In : Boyd, D.ed Proceedings of 23rd Annual Conference 2007. September 3-5. Belfast, United Kingdom.
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