Comprehensive Report on Legal Issues in Occupational Safety and Health

This report delves into the critical legal issues surrounding Occupational Safety and Health (OSH) within the context of Human Resource Management (HRM). It examines the legal framework, particularly the Occupational Safety and Health Act 1994 in Malaysia, and its implications for various industries, focusing on construction and manufacturing. The report highlights key issues such as training and health, inadequate safety measures, workplace violence, and job stress, analyzing their causes and challenges. It emphasizes the importance of OSH risk management, communication, and management involvement in achieving OSH objectives. Furthermore, the report incorporates findings from multiple articles, underscoring the significance of OSH programs, management commitment, and the need for systematic approaches to minimize accidents, injuries, and ensure a safe working environment. It concludes with a call for implementing effective OSH strategies and policies to promote a sustainable and healthy workplace, including specific considerations for the women workforce and other vulnerable groups.

HUMAN RESOURCE
MANAGEMENT

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Legal issues in Occupational health and safety:...................................................................3
Issues regarding occupational safety and health:........................................................................3
ARTICLE 1:...............................................................................................................................4
ARTICLE 2: ..............................................................................................................................5
ARTICLE 3: ...............................................................................................................................7
Article 4.......................................................................................................................................8
ANALSING THE ISSUES REGARDING 'OSH' WITH THE MEASURES :........................10
CONCLUSION:.............................................................................................................................11
REFERENCES:.............................................................................................................................12

INTRODUCTION
Human resource management is the term which is used to describe formal system devised
for the management of people within an organisation. Human resource manager has many
responsibilities like- staffing, employee compensation and benefits, and defining work. In
present time, issue of importance of Occupational Safety and Health (OSH) is gaining the
attention in the companies (mainly engaged in construction and chemical industries). The main
objective of this report is to emphasize on the OSH legal compliance. This report discuss about
legal issues in occupational health and safety. Issues which are covered in this report- training
and health issue, Inadequate safety issues, violence in workplace issue, job stress issue etc.
Reasons and challenges of these issues are also mentioned in the report. The findings of this
study is to show the relation between OSH risk management factor and communication and
safety report. Moreover management involvement is crucial part for accomplishment of the
objectives of occupational safety and health. Overall, the study indicates that the main issue that
affecting the implementation of OSH programme. Although the study pertains measures to
avoiding the issues regarding Occupational Safety and Health and for improvement of OSH level
by the implementation of OSH management strategies and policies to promote sustainable
working environment.
TASK 1
1.1 Legal issues in Occupational health and safety:
According to the Occupational Safety and Health Act 1994. this act applied throughout
the Malaysia mainly imposed on construction and manufacturing industries. Under this act,
“Contract of Service” applies it means an agreement, either in form of oral or written and either
it is express or implied where one person as an employer hired a person as an employee and
agrees to compensate him in return of services provided by employee and accordance with “The
National Council for Occupational Safety and Health” established under Section 8, defines that
an employee means a individual who is employed for wages under contract or service or in
contact with working in an industry for the work employee is recruited and the employee at the
workplace is under the supervision of the principal employee or his agent which is ordinarily the
member of industry or which is primarily to work carried on in or incidental to the purpose of the
industry.

legal issues are that issues which are occurs in organisation regarding health and safety of
an employee. All organisations have to follow legal rules and regulations regarding health and
safety in occupation. It is mandatory for the organisations to follow all health and safety related
polices. If organisation does not follow the proper health and safety related policies and
regulation then legal issues occur. If an organisation does not maintain health and safety policies
properly then an adverse incident can occur with the employees and they can take an action
against that organisation and if the organisation does not take steps regarding the OSH, the
National Council for Occupational Safety and Health can carry out the investigation regarding to
any matter related with the objects of the Occupational Safety and Health Act 1994. There are
many health and safety policies which are needed to be followed in an organisation such as
follows- proper working environment, proper ventilation, safety measurement to meet an
emergency like- medical services and fire fighting equipments etc. It is the responsibility of
management to maintain appropriate health and safety measurement in the organisation. All
organisations has frame its own policies of legal issues regarding health and safety.
Issues regarding occupational safety and health:
The issues regarding the importance of occupational safety and health (OSH) deserves
more attention now a days. There are some issues which emphasize on OSH legal compliance
among small scale and large scale industries. Issues are depended on their priority.
High priority issues: there are some issues of high priority.
 Training of new employees regarding safety and health programs.
 Several employees work sites facing the communication problem.
 Women in workforce and limiting risks in case of women child bearing years.
 Inadequate safety measures regarding the use of hazardous chemicals.
 issue regarding physical capacity.
Low priority: there are some issues of low priority.
 Job stress
 Drug and alcohol abuse
 violence in workplace
 changing in workforce.

ARTICLE 1:
According to the statement of Michael A. Flynn in his article report, At present
Occupational safety and health management system has gaining the attention through tout the
world. This system pertains various measures or approaches in order to minimizes the risk of
accidents or injuries and specially provide several measures to safeguard the women health in
workforce. Moreover the article describes that the importance of manpower is crucial assets of
organisation so that is why, it is essential to increase the awareness about health and safety in
each organisation. Although Malaysia has developed some standard on occupational safety and
health management system, which is popularly known as Malaysian standard. These standard
bounds each organisation to maintain adequate OSH environment in the organisation. the
management needs more systematic approaches in order to compare with OHSAS(Occupational
Health and Safety Assessment series) is the British standard for occupational Health and Safety
management systems. It involves the management tools in attaining effective and efficient risk
management to follow OSH properly.
The effective implementation of occupational safety and health program can minimizes
accident and injuries rates and helpful safe working environment in order to provide the security
against various risks to employees as well as reduces the chances of compensation payment. The
articles from several authors regarding OSH, states that safety measures adopted at a work place
Training of new employees regarding safety and health programs.
Several employees work sites facing the communication problem. Women in workforce and
limiting risks in case of women child bearing years.
leads to better safety performance of employees and ensures smooth functioning of
organisation. It also states that the involvement of managerial commitment is crucial part in
performing work by ensuring OSH. The management should maintain the provision for training
programs regarding OSH awareness in organisation. Because it is important to increase the
strength of implementing OSH in workplace and to ensures proper monitoring and effective
OSH compliance. The management should maintain and allocate the budgets for OSH programs.
Moreover, if workplace is safe, OSH approaches may be failed in due lack of adequate
knowledge among employees regarding the health and safety. Employees attitude and behaviour
towards the practice of OSH effects the accomplishment of OSH programs because it may
reduces the chances of accidents and injuries. Overall in this article the author describes the

issues regarding the implementation of OSH and management involvement in OSH programs
also describes the benefits after implementation of OSH. Under the occupational safety and
health program the analysation of different issues are made differently and also categorised the
workforce of organisation according to the physical capacity and on the basis of gender. Overall
the author focuses on the betterment of occupational safety and health program and ensures the
proper monitoring and systematic adoption of occupational safety and health programme' s
policies according to the need and requirement of workers and workplace.
If the organisation failed to meet the requirements of the Occupational Safety and Health
act 1994 then the National Council for OSH has a right to investigate the unfair activities
performing by the organisation shall be guilty of an offence or an employee can directly appeal
to the council for his safety of life. if no penalty is provided shall, on conviction, will be liable to
a fine not exceeding ten thousand ringgit or to imprisonment for period not exceeding than one
year or both. In case of continuing offence then per day one thousand ringgit will be fine or
penalty price which the employer will liable to pay. (Yamashita, 2017).
ARTICLE 2:
This article presented by Lameck Karikeka,In this article author discuss about legal
issues about occupational safety and health which affect safety measurements of employees of an
organisations. Also discuss about the changing working place in the organisation. Need of safety
and health of employees is important factor to maximization of productivity of organisation as
well as the employees. Impact and challenges for implementation is also mention. Improvements
regarding legal issues of health and safety are also discussed by the author in this article. These
insights are supported by a governing body of international research on the occupational health
and safety (OHS) effects of contract labour, changing in workforce, safety measures of
employees. According to the International labour organisation (ILO), 2 million workers die
every year as a result of work- related accidents and in Zimbabwe more than 200 people die
every year due to work related accidents in their organisation. It is not a developed country and
population is also less as compare to cities in Europe, Asia or India. It has also recorded that
many accidents are occurs which caused to death. under this articles author mainly focuses the
critical and unsafe workings of employees. Some danger accidents can occur in the work place of
employees.

 Inadequate safety measures regarding the uses of hazardous chemicals in manufacturing
industry.
 Inadequate safety measures while working in construction sites and working with heavy
machines.
Moreover, author has addressed legal issues regarding health and safety. These both and
may be more reasons are responsible for continues changing in workforce. Health and safety of
employees is most important factor for the organisation. There are many issues related to health
and safety like- employees uses of heavy machinery in their work, proper ventilation system is
not maintain, lack of proper training system about uses of plant and machinery, systematic and
efficient uses of hazardous chemicals and uses of heavy machinery in their workings. Also
author describes the reasons of changing in manpower in industry. Reasons of changing in
manpower or workforces are may be,
 Increasing number of accidents and injuries afraid the other employees.
 Inadequate safety measures while working in danger zone.
 Lack of safety equipments while working in chemical industries
 Lack of safety regarding women workings.
 Lack of proper training and knowledge regarding working machines and equipments.
 New joining of employees in the new business project or in existing project.
There may be several reasons behind changing of workforce in an organisation. By
adopting proper approaches of OSH in workplace helps in reducing such type of issues and
ensures continue and smooth functioning of organisation and by ensuring provisions of
information awareness programs and exchange of experience, provide appropriate training time
period in order to ensure safe working environment to employees, also for better and proper
implementation of OSH approaches (Schneid, 2014).
ARTICLE 3:
Accordance with the article presented by Stavroula Leka mentioned the importance of OSH
programs and illustrate the issues regarding the OSH in large industries. Under this articles
author mentioned the issues regarding the health and safety programs which are essential for
sustainable workings of employees specially in case of women workforce. Although men and

women are not same biologically. There are some differences that affects the risk criteria of men
and women (Ravenswood, and et. al., 2013).
 Work in different sectors and different types of workings, as depends on the working
capacity of men and women. Although women are physically different from men and
variation arises due to physical strength.
 Women has to perform dual responsibilities, one at workplace and second at home.
 Women deserves to work at those jobs which are often assumed to be safe and easy.
 Workers of old age and inexperienced or younger employees.
The article includes the importance of occupational health and safety and also includes
the analysis of hazards and risk inherent in female dominated work. There is the special focus on
OSH risk factors for the women and men of different ages and limiting risk in case of women
child bearing years. Gender sensitive approach which defines that due to different jobs style,
different roles in society and responsibilities the men and women may be exposed to
psychological and physical risks. This approach states that sexual division of labour, social roles
, physical strength differences and employment patterns all specified that the gender differences
considered in the development of occupational safety and health (OSH) policies and strategies.
Moreover it is also essential to develop the appropriate policies and strategies in order to deal
with the future challenges for occupational health and safety program. The OSH stakeholders
were treated as the crucial part of a research programme provided by the institution of
occupational health and safety.
While the analysation of working strength besides women, the working capacity of old
and aged workers are also less in comparison of young workers and health and safety of old and
aged workers at workplace is also essential. Under occupational health and safety program it is
also crucial to adopt some more policies and strategies in order to make it more flexible and
suitable. Therefore, “Safer and Healthier Work at Any Age”(first adopted by European agency
for safety and health) should be treated as important policy in order to safeguard the interest of
old and aged workers. Under this policy the main aim is to facilitates best practices and ensures
Training of new employees regarding safety and health programs.
Several employees work sites facing the communication problem. Women in workforce
and limiting risks in case of women child bearing years. the sustainability in workings
throughout the life course and overall focuses on improvement occupational safety and health.

The policy states that the age differences, disabled workers, women warrant particular attention
affecting the work on particular task. It also specifies that the occupational health and safety
policy should promoting equal opportunities. The OSH classified the workers categories for the
proper evaluation of workforce, e.g. Older workers, inexperienced or younger workers, workers
with disabilities and women worker. In order to provide suitable working conditions according to
the age, strength, knowledge, skills and gender
to provide them equal opportunities and promote the occupational safety and health to next level.
Article 4.
This article is written by Bruce Hollcroft, In this article author addressed many legal
issues about occupational health and safety. The Bureau of Labour Statistics ( BLS) reports
consider that approximately 6000 occupational deaths and another 6,000,000 injuries and illness
annually in the United States so nearly 2,800,000 lost workdays. The International Labour
Organisation (ILO) estimates that there are 1,200,000 occupational deaths resulting from
250,000,000 accidents and 160,000,000 illness worldwide each year. Author mention about the
hazardous chemical, machinery and violence in work place are the legal issues of occupational
health and safety. Through these issues many incidents are happened in the workplace. These
issues also hamper the productivity of employees as well as the organisation (DIBIE and
IYIEGBUNIWE, 2014).
Issues about occupational health and safety:
There are various issues related to the health and safety of employees. Working
environment of organisation is not maintain properly by the organisations. Violation in the work
place and job stress in work. Workers do not know that how to use hazardous chemicals. Proper
channel of communication is not followed in the organisations to listen the grievances of
employees. Job stress is also a issue because employees has pressure to perform better in their
work. If they do not perform better then they can fired by the management. These issues hamper
the performance of employees because they will not satisfy with the behaviour of organisation
(Flynn and et. al., 2013).
Challenges about occupational health and safety:
Take care of proper health and safety measurement is the responsibility of the
organisation. Organisation has so many task to perform and manage the whole organisation on
day to basis. Organisation has to take many decisions on day to day basis so organisation does

not focus properly on health and safety measurement of its employees. Environment and
technology is changing over a period of time so management of organisation does not know
properly about new technology and new chemicals. Management of organisation does not
exactly how to use these hazardous chemicals and their adverse impact on human beings so it is
a challenge for the organisation. On day to day basis management of organisation has so many
task and responsibilities to perform. Organisation has consist of thousand of employees. To
manage and listen the grievances of all employees properly is not possible for the management.
If a employee have any problem from any of his superior or team member because of his wrong
behaviour or a employee is getting harass then no one has time to listen the problem of that
employee. In organisation thousand of employees are working and management does not have
proper time to solve the problems of all employees because every employee has its personal
issues. For management of an organisation it is a challenge to take care about the health and
safety of its all employees (Kariithi, Mburu and Kinyua, 2017).
Solutions for improvement:
Proper health and safety measures should be taken by the organisation to solve the issue
regarding it. Management of organisation should give training to its employees about the proper
use of hazardous chemicals and how employees can protect themselves from the adverse impact
of it. Management of organisation should make a proper department for those employees who
have any problem related to violation or harassment from their superiors and team member. If
employees facing any problem, they can go to the grievance department for the solutions. By
applying these basis changes in the organisation,health and safety related legal issues can be
solve. It will be better for the good performance of employees as well as the organisation
(Kharchanka, 2014).
ANALSING THE ISSUES REGARDING 'OSH' WITH THE MEASURES :
According to Michael, 2017, the issues with regard to OSH, Training of new employees
regarding safety and health programs. Due to lack of funds and time organisation fails to
provide them better training regarding the Occupational Safety and Health.
In the opinion of Lameck Karikeka, 2014, several employees work sites facing the
communication problem. Women in workforce and limiting risks in case of women child bearing
years. Women are different from men and in order to equal growth opportunities it is essential to
provide them work according to their capacity and provide them appropriate safety equipments.

According to Znajmiecka-Sikora and Boczkowska, 2012 differences in age group,
working capacity, and gender it is essential to provide them the workings accordance to their
capabilities and working skills.
Legal issues related to the safety and health are facing by organisation which are such as
follows- job stress, violence and changes in workforces. These are the issues give negative
impact on the organisation because employees are affected from it. Organisation does not focus
on it because of negligence. Through these issues incidents in organisation are increasing and
productivity of employees are also hampered ().
Research methodology:
The study cover the all issues and future challenges regarding the Occupational Safety
and Health programme. There are various issues mentioned above regarding the OSH. In order to
promote the sustainable development and working it is crucial to provide the appropriate safety
and health measures provided according to the need at workplace for the betterment of
occupational safety and health. In order to promote the Occupational Safety and Health
programme there are some measures that should be adopt for its improvement.
 By making increment in financial assistance in order to provide Occupational Safety and
Health programme training for employees (based on priority of issues)for their
awareness about the safety measures.
 By providing incentives or rebates for the contractors and for managers who achieve
great records in OSH (Although examples of records are no accidents and no violence at
workplace etc.).
 By identifying and specifying the requirement of allocation of OSH like Trainings, PPE,
safety equipment etc.
 By reducing the payment of Insurance premiums or protections for the great
achievement in OSH.
 By providing incentives in OSH course incentive schemes(if sponsored for first time as
introduction).
 By providing gift vouchers for purchase of the personal protective equipment set.
 By providing finances to in employment contract by establishing OSH legislation.
 By using information and communicating technology for dissemination of information on
OSH.

 By providing a combined training programme which involves both service providers and
contractors.
 By imposing penalties and Incentives on the employees regarding to OSH compliances
issues.
 By increasing the campaigns on awareness about the OSH to the employees of the other
organisations throughout the world.
CONCLUSION:
As from the above articles, it has been concluded that issues related to health and safety
are facing by the organisation. All organisations have different-different issues and challenges
related to the health and safety of employees. Occupational safety and health (OSH) management
system, help to reduce the legal issues related to the safety and health. There are many issues
related to the health and safety which are covered in the articles like- training to employees,
issues related to the workforce for women, inadequate safety measures, violence in workplace,
job stress etc. Analysis and improvement suggestions are also discussed in the article.