REAL ESTATE LAW 1. EMPLOYEES SAFETY AND HEALTH.
Team Member. LEE ZHI YING. KHAIRUL SYAULEE BIN KHAIRUL AZHAR.
3.1 Introduction. The Occupational Safety and Health Act is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforce and to protect others against risks to safety or health in connection with the activities of persons at work. Under the National Council for Occupational Safety and Health, The Malaysian Labour Court will hear a case related worker killed by electric shock, company fined RM 40,000 and National Council for Occupational Safety and Health established under section 8; “employee” means a person who is employed for wages under a contract of service on or in connection with the work of an industry to which this Act applies. On the other hand, a certain procedure will be applied to handle the worker killed by electric shock issue. By referring to the legal code and court proceedings, this article adopts the critical legal review approach. The outcome indicate the employer should confirm and obey the occupational safety and health procedure stated by the Malaysian Labour Court to avoid being treated unfairly and being victim in the process of employees Health and Safety. The purpose of this article is to address the employee safety and health under act of Occupational Safety and Health 1994..
3.2 DEFINITION EMPLOYEE SAFETY AND HEALTH. Employee - a person who has works under the conditions of an employment contract, whether or not the contract is expressly agreed to. Safety and Health - the provision of safety equipment, a safe atmosphere, and safe procedures to ensure the safety and health of employees..
3.3 The Guidelines on Occupational Safety and Health Act (OSHA) 1994.
A statement of organization for carrying out that policy in hierarchical management structures-showing safety and health responsibilities from top management to the shop floor..
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Covers medical and cash benefits, artificial help and rehabilitation ( financial assurances and protection for their families.) only malaysian workers & permanent residents.
3.5 Occupational Health and Safety Procedures. Employer’s Responsibility.
Ways that employees can use to guarantee their safety on the workplace.
What is the standard of evidence that employer has to follow?.
Conclusion. Losing one’s work due to worker killed by electric shock can be a distressing experience that affects the employee financially and psychologically. For occupational safety and health purpose, work accident is unavoidable. The employer must try to reduce the stressful effect of the work accident on the affected employees. Employers have legal responsibilities to ensure a safe and healthy workplace. As an employee you have rights and you have responsibilities for your own wellbeing and that of your colleagues. This article explains what these responsibilities are, and how you can meet them. Under the OSH law, employers have a responsibility to provide a safe workplace such as provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act, examine workplace conditions to make sure they conform to applicable OSHA standards. Employers also need to make sure employees have and use safe tools and equipment and properly maintain this equipment and establish or update operating procedures and communicate them so that employees can follow safety and health requirements. Employees are supposed to know and understand the occupational safety and health process to ensure that the decision is lawful for the employee’s right ..
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