Case Study 1

TABLE OF CONTENT
CONTENT
1.
2.
3.
4.
5.
PAGE
INTRODUCTION2
OBJECTIVES...2
REGULATION APPLIED..3
CONTENT (CASE STUDY).3-4
CONCLUSION5
INDIVIDUAL ASSIGNMENT (CASE STUDY)
1) INTRODUCTION
Occupational health and safety Occupational health and safety is concerned with
protecting the safety, health and welfare of people engaged in work or employment.
The enjoyment of these standards at the highest levels is a basic human right that should
be accessible by each and every worker.
Regardless of the nature of their work, workers should be able to carry out their
responsibilities in a safe and secure working environment, free from hazards.
These rights are set out in legislation to ensure that employers are clear about the
obligations and the consequences for neglecting them.
The placing and maintenance of workers in an occupational environment adapted to
physical and mental needs. It is the adaptation of work to humans. In other words, occupational
health and safety encompasses the social, mental and physical well-being of workers.
2) OBJECTIVES
a.
To secure the safety, health and welfare of persons at work against risks to safety or
health arising out of the activities of persons at work.

b.
To protect persons at work other than persons at work against risk to safety or health
arising out of the activities of persons at work.

c.
To promote an occupational environment for the persons at workplace so that he/she
adapted to their physiological and psychological needs.

d.
To provide the means whereby the associated occupational safety and health legislation
may be replace by a system of regulation and approved industry codes of practice designed to
maintain or improve the standards of safety and health.
3)
REGULATION APPLIED
There are seven regulations under OSHA 1994 that enforced by DOSH. They are:
a. Employers Safety and Health General Policy Statements (Exception) Regulations, 1995
b. Control of Industrial Major Accident Hazards Regulations, 1996
c. Classification, Packaging and Labelling of Hazardous Chemicals Regulations, 1997
d. Safety and Health Committee Regulations, 1996
e. Safety and Health Officer Regulations, 1997
f. Use and Standards of Exposure of Chemicals Hazardous to Health Regulations, 2000
g. Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational
Disease Regulations, 2004
4)
CONTENT (CASE STUDY)

As far as i can see from this issue, my view on social and ethical point , the lawyers doing
poor decision by looking out worker who are qualified for work injury compensation. As far as
we concern, each lawyer is linked with the insurers. The lawyers are actually played a critical
role in consult an advise on rights and remedies for the worker for this case. It is very wrong for
a lawyer to push a worker into an unrightfully claim for injury negligence but instead attain only
the no-fault remedy of compensation of worker. Almost company did not takes serious about
occupational safety and health at workplace. Only major company will take a big serious about
this. This is shown when most of GLC Company in Malaysia would have occupational safety
and health officer that supervise the whole workplace to make sure the worker abide the safety
rules in the workplace.
As stated in Occupational Safety and Health (OSH) Act 1994, the safety and health
officer are employed in a company to ensure the due observance at workplace and promote a safe
conduct1. When accident takes place at the workplace and injury happened, the company usually
doesnt want to support the cost of damage. The insurers have reluctant to pay big amount of
compensation to injury clients. At this time, the lawyers will set the right thing for the worker
to get its compensation and so on. When lawyer use pushy tactics to get injury clients, they could
demand to be paid over their services from the insurer. But as an employee, he/she must know
that each occupational safety and health are eligible and has power to conduct administration and
inquiry when any dangerous occurrence happens as stated in Part VIII 2. So it is actually not
proper for the lawyer to intersect the OSH officer by using pushy tactic and only want to gain
benefits.
Moreover, nowadays many states have discovered a fast growing and expensive problem
involving this case which is fraud claim/compensation 3. Sometimes, when the lawyers couldnt
give strong evidence and prove it at the Court, they will make a fraud claim and this will worsen
the situation. The injury worker could face a big problem when he/she confused either -will have
to go to the Court and cant prove any negligence and end up with no compensation; or make a
1 Occupational Safety and Health Act 1994, Parliament of Malaysia.

2 Ibid
3 Human Resource Management, Chapter 14, Cengage Learning, 2010, United
Kingdom.
fraud claim; or even he/she can prove the negligence and accept the compensation and also will
lost a big amount of payout too.
So the Government should prevent this kind of case from happening. Maybe the
Government should train a clean and honest lawyer.
5) CONCLUSION
As a conclusion, refer to the federal law, you are entitled to a safe workplace. Your
employer must provide a workplace free of known health and safety hazards. If you have
concerns, you have the right to speak up about them without fear of retaliation. You also have the
right to be trained in a language you understand so that you can work on machinery involve in
your workplace. Do not forget to request an OSH inspection, and speak to the inspector. When
accidents happen, make sure get copies of your medical records of the injury or illness. The
worker need to changes the practice and behavior as a result of basic awareness training.

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TABLE OF CONTENT

INDIVIDUAL ASSIGNMENT (CASE STUDY)

health arising out of the activities of persons at work.

arising out of the activities of persons at work.

To promote an occupational environment for the persons at workplace so that he/she

adapted to their physiological and psychological needs.

CONTENT (CASE STUDY)

1 Occupational Safety and Health Act 1994, Parliament of Malaysia.

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