1/21/2019 Safer construction sites in the works - Nation | The Star Online

Safer construction sites in the works

NATION

Monday, 21 Jan 2019

By Fatimah Zainal

Steering clear of danger: Developers or site owners may soon have to ensure safety precautions during all stages of
construction.

STAR EXCLUSIVE: PETALING JAYA: Construction workers can expect better safety at their
worksites with a proposal for a huge increase in the ne for employers who fail to protect them from
workplace risks and hazards.

Under proposed amendments to the Occupational Safety and Health Act (OSHA) 1994, the
maximum ne for the offence, which is currently RM50,000, will be raised, Department of
Occupational Safety and Health (DOSH) director-general Omar Mat Piah told The Star.

https://www.thestar.com.my/news/nation/2019/01/21/safer-construction-sites-in-the-works-huge-fine-increase-proposed-for-employers-who-fail-to-… 1/5
1/21/2019 Safer construction sites in the works - Nation | The Star Online

Omar declined to reveal the exact gure for the new maximum penalty but said it would be a
signi cant increase.

The amendments, which are set to be tabled in Parliament in March, will also hold project owners
and designers responsible for construction safety and health alongside employers and main
contractors.

This will be done by making the Guidelines on Occupational Safety and Health in Construction
Industry (Management), or OSHCIM, mandatory under the Act.

The guidelines widen the number of stakeholders responsible for worker safety to include project
owners and designers, but is currently voluntary and not mandatory.

Omar said his department aimed to make the OSHCIM Guidelines mandatory by introducing 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 clari ed in ensuring the safety, health and welfare of workers are secured during
planning, design, construction and maintenance works,” said Omar.

He said the amendments took into account all parties in the construction industry, including
developers, architects, engineers, planners and quantity surveyors.

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

Omar said occupational safety and health issues are best solved as early as possible, preferably at
the planning and design stages.

This section states that it is the duty of every employer and every self-employed person to ensure, so
far as is practicable, the safety, health and welfare at work of all his employees.

Omar said the Act needed to be amended as the current maximum penalty was too low.

The aim of the amendment is also to increase the commitment by employers to worker safety, clearly
outlining their responsibilities and emphasising the importance of risk assessment.

A public consultation of the amendment to the Act was held on May 14, 2015, while the public was
invited to submit comments from May 6 to 20 the same year.

“There were no objections raised during the consultation, except for the (low) penalty,” said Omar.
https://www.thestar.com.my/news/nation/2019/01/21/safer-construction-sites-in-the-works-huge-fine-increase-proposed-for-employers-who-fail-to-… 2/5
1/21/2019 Safer construction sites in the works - Nation | The Star Online

Related stories:

CIDB lauds efforts to make worksites safer

Socso data shows rise in contruction accidents and deaths last year

TAGS / KEYWORDS:

Government , DOSH , Construction , Safety

   
Related News
NATION 21h ago NATION 17 Dec 2018 NATION 13 Jan 2019
CIDB lauds efforts to make ‘Cuts to foreign workers’ Rise of Tengku Abdullah as
worksites safer pay too high’ sixth Sultan of Pahang

Copyright © 1995-2019 Star Media Group Berhad (ROC 10894D)

Best viewed on Chrome browsers.

https://www.thestar.com.my/news/nation/2019/01/21/safer-construction-sites-in-the-works-huge-fine-increase-proposed-for-employers-who-fail-to-… 3/5
1/21/2019 Safer construction sites in the works - Nation | The Star Online

https://www.thestar.com.my/news/nation/2019/01/21/safer-construction-sites-in-the-works-huge-fine-increase-proposed-for-employers-who-fail-to-… 4/5
1/21/2019 Safer construction sites in the works - Nation | The Star Online

https://www.thestar.com.my/news/nation/2019/01/21/safer-construction-sites-in-the-works-huge-fine-increase-proposed-for-employers-who-fail-to-… 5/5