Bigger fine on the cards for employers who fail to protect construction workers

PETALING JAYA (Jan 21): The safety of construction worksites could soon be enhanced if proposed amendments to the Occupational Safety and Health Act (OSHA) 1994 come to fruition.

Department of Occupational Safety and Health (DOSH) director-general Omar Mat Piah told The Star that the current maximum fine for flouting safety regulations of RM50,000 will be raised if the planned amendments are enforced.    

The amendments will also hold project owners and designers accountable for construction safety and health “alongside employers and main contractors”, said the report by the English daily.

Omar added DOSH wants to make the Guidelines on Occupational Safety and Health in Construction Industry (Management) or OSHCIM Guidelines mandatory via the introduction of a new regulation to replace the Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986.

“The OSHA 1994 Act outlines general duties of the employers to ensure the safety and health of their employees and other person who may be affected by their work activities.

“The duties outlined are for the contractor who employ construction workers, but they are not very clear for the client and designer who are not physically involved in construction activities.

“Under the new amendments, the duties of developer and/or owner and designer of the construction project are further clarified in ensuring the safety, health and welfare of workers are secured during planning, design, construction and maintenance works,” Omar told the publication.

“In future, developers or site owners will also have to ensure sufficient management arrangements and take safety precautions during the planning and designing stage,” he explained.

Meanwhile, Construction Industry Development Board chief executive, Datuk Ahmad Asri Abdul Hamid praised the efforts made by DOSH to improve the legal framework on workers’ safety and for endeavouring to make OSHCIM mandatory.

In another report by The Star, Ahmad Asri said DOSH created OSHCIM by making tweaks to the UK’s Construc­tion (Design and Manage­ment) Regulations to make it suitable for Malaysia’s environment.

He added that the Construc­tion (Design and Manage­ment) Regulations “had proven effective in reducing the number of construction accidents” in the UK.

Real Estate Housing Developers’ Association Malaysia immediate past president Datuk Seri FD Iskandar Mohamed Mansor said efforts to make the OSHCIM mandatory “should be embraced by all developers”.