An analysis of Occupational Safety and Health Act 1994: the case of foreign workers' safety in Malaysian construction industries

Abstract

The construction industry in Malaysia is widely recognised as one of the country's most important contributors to economic growth, GDP drivers and a significant source of employment. The construction industry relies heavily on foreign workers and has witnessed a significant increase in accidents and fatalities. This 3D (dirty, dangerous, and difficult) industry is perilous, and foreign workers have been exploited, abused, and forced to work in unsafe conditions that locals would avoid. The study aims to analyse the application and effectiveness of the Occupational Safety and Health Act 1994 in safeguarding foreign workers' safety. Besides, this study also examines the other legal framework covering the protection of foreign workers and proposes recommendations for better safety protection for foreign workers in Malaysia's construction industry. This qualitative study method is non-doctrinal. Data collection methods include desk review and semi-structured interviews. Data analysis involves analytical analysis of the OSHA1994 and thematic analysis. The ATLAS.ti software facilitates data analysis, particularly for analysing interview transcripts. Purposive sampling was used to select informants from academicians, SHO, CIDB officers, site supervisors, contractors, and foreign workers. The study found that the existing legislation of the OSHA 1994 has limitations in ensuring the safety of foreign workers. Given the shortcomings of the current occupational safety legislation, there is a need to propose amendments or enhancements to address the rising rate of accidents and injuries aligned with international human rights standards and labour practices. The issue of discrimination against foreign workers can be addressed by including equal treatment provisions for foreign workers in OSHA 1994. Improving the legal and regulatory framework for hiring foreign workers is also encouraged, and greater integration and cooperation from numerous ministries is anticipated. Such improvements would promote the well-being and safety of foreign workers and contribute to a more inclusive and sustainable labour market in Malaysia.