Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
One involved a forklift falling onto a worker, the second involving workers
being buried under a rockfall at a quarry and the third involving a quarry worker
buried in a landslide.
<p>Such reports have become more frequent in the last two years and are a cause
for serious concern about worker safety and health.</p>
<p>Under the Occupational Safety and Health Act, 1994, employers are obligated
to establish an Occupational Safety and Health Committee if they have more than
40 employees.</p>
<p>This committee’s main function is to review and investigate measures related
to safety and health matters.</p>
<p>However, it must be noted that about 20% of employers in the formal sector
have less than 40 employees and so therefore are exempted from this obligation.</p>
<p>Who oversees the safety and welfare of these unprotected workers?</p>
<p>A large number of accidents do not enter the statistics because they occur
in small-scale enterprises and among workers in the informal sector of the economy.</p>
<p>Who investigates the causes of these accidents and whether compensation is
awarded?</p>
<p>While we know that the Employees’ Social Security Act, 1969, and the Employees’
Social Security (General) Regulations, 1971, are supposed to provide a comprehensive
social security safety net for workers, we are aware that they do not cover
government employees, domestic servants, the self-employed and foreign workers.</p>
<p>The construction industry is another sector with a lot of worker accidents
and deaths.</p>
<p>Most of the workers in this sector are either informal or foreign which immediately
excludes them from any social security scheme.</p>
<p>How often do we hear about compensation by the construction industry to injured
workers and to families bereaved by worker deaths?</p>
<p>While there are regular reports of worker deaths and injuries at the workplace
by the media, little is known about prosecution of the responsible agencies.</p>
<p>Is this due to a lack of reporting by media or more importantly, lack of prosecution
of the responsible agencies?</p>
<p>Currently there is a lack of information on the number of prosecutions to date
since the adoption of the Act and the penalties imposed.</p>
<p>Can we allow such senseless deaths to go unnoticed without appropriate action
being taken against the responsible agencies?</p>
<p>The Department of Occupational Safety and Health must investigate these senseless
deaths and prosecute the guilty parties. Feedback through the media on action
taken against the responsible agencies is imperative, as a deterrent to employers.</p>
<p> </p>
<p><b>S.M. MOHAMED IDRIS,<br>
President,<br>
Consumers Association of Penang.</b>
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com