The Weaknesses of OSHA 1994 Implementation in Malaysian Construction Industry

Abstract

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.