Clauses in PAM 1998, PWD 203 & CIDB 2000
1. PAM 1998
cl.4.1 - “follow the law” !
cl.19 - WC
2. PWD 203
cl.11 (a)
cl.16 employment of workmen (a) – (f)
cl.17 comply Employment Act 1955 etc.
cl.33 Insurance
cl.34 wc
cl.35 SOCSO
3. CIDB 2000
cl.14 Safety at site
cl.16 Labour
cl.36 & 37 Insurance
OCCUPATIONAL SAFETY
& HEALTH
A.Under Occupational Safety and Health Act 1994
(a) Refer Section 1(2)
This Act shall apply throughout Malaysia
Å Construction Industry
[See First Schedule]
(b) For securing that safety, health and welfare of persons at works, and for protecting others against risks to safety or health in connection with the activities of persons at work [See PREAMBLE].
(c) Who is “employer” and “employee” (for the purpose of this Act)?
Section 3 :
“employer” means the immediate employer or the principal employer or both;
Å “immediate employer”
“immediate employer”, in relation to employees employed by or through him, means a person who has undertaken the execution at the place of work where the principal employer is carrying on his trade, business, profession, vocation, occupation or calling, or under the supervision of the principal employer or his agent, of the whole or any part of any work which is ordinarily part of the work of the trade, business, profession, vocation, occipation or calling of the principal employer or is preliminary to the work carried on in, or incidental to the purpose of, any such trade, business, profession, vocation, occupation or calling, and includes a person by whom the services of an employee who has ntered into a contract of service with him are temporarily lent or let on hire to the principal employer;
Å “principal employer”
“principal employer”, means the owner of an industry or the person with whom an employee has entered into a contract of service and includes –
(a) a manager, agent or person responsible for the payment of salary or wages to an employee;
(b) the occupier of a place of work;
(c) the legal representative of a deceased owner or occupier; and
(d) any government in Malaysia
“employee”
“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 and –
(a) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the industry, whether such work is done by the employee at the place of work or elsewhere;
(b) who is employed by or through an immediate employed at the place of work of the industry or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the industry or which is preliminary to the carried on in or incidental to the purpose of the industry; or
(c) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service.
(d) General duties of employers
Section 15
15. General duties of employers ……… to their employees.
(1) It shall be the duty of every employer to ensure, so far as is practicable, the safety, health and welfare at work of all his employees.
(2) Without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular –
(a) the provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without riskd to health;
(b) the making of arrangements for ensuring, so far as is practicable, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees;
(d) so far as is practicable, as regards any place of work under the control of the employer or self-employed person, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it that are safe and without such risks.
(e) the provision and maintenance of a working environment for his employess that is, so far as practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work.
(e) General duties of employers to persons other than their employees.
Section 17.
17. General duties of employers ……… to persons other than their employees.
(1) It shall be the duty of every employer to conduct his undertaking in such a manner as to ensure, so far-as is practicable, that he and other persons, not being his employees, who may be affected thereby are not thereby exposed to risks to their safety or health.
(f) General duties of employers at work.
Section 24
24. General duties of employees at work.
(1) It shall be the duty of every employee while at work -
(a) to take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work;
(b) to co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made thereunder;
(c) to wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health; and
(d) to comply with any instruction or measure on occupational safety and health institutes by his employer or any other person by or under this Act or any regulation made thereunder.
(2) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
(g) To employ Safety & Health Officer (to some class of industries) & establishment of Safety & Health Committee.
(h) Defence applicable.
Section 55
55. Defence
(1) If shall be a defence in any proceedings against a person for an offence under this Act or any regulation made thereunder to satisfy the court that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
But refer to Section 60, the onus of proving limits of what is practicable
Section 60
60. Onus of proving limits of what is practicable
In any proceedings for an offence under this Act or any regulation made thereunder consisting of a failure to comply with a duty or requirement to do something so far as is practicable, or to use the best practicable means to do something, it shall be for the accused to prove that it was not practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.
Section 3 defines the word “practicable”.
“practicable” means practicable having regard to –
(a) the severity of the hazard or risk in question;
(b) the state of knowledge about the hazard or risk and any way of removing or mitigating the hazard or risk;
(c) the availability and suitability of ways to remove or mitigate the hazard or risk; and
(d) the cost of removing or mitigating the hazard or risk.
B. Under Factories & Machinery Act 1967
- Especially Factories & Machinery (Safety, Health & Welfare) Regulations 1970.
Reg. 3, 7, 26, 32 – 35
Wong Soon San v. MUI Co. Ltd.
Welfare Of The Employees |
A. Wages
Section 31 & 33 Employment Act (prority of wages & liability of principal)
Felda v. Mat Akhir
B. WC
Section 19 Workmen’s Compensation Act
Felda v Muda Jusoh
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