Why isn’t management taking responsibility for workplace injuries

If a firm is “unable to establish” that it took all reasonable precautions within the parameters of the Safety & Health law to prevent a workplace accident, it is usual practice in industrialized countries to charge corporate owners/directors and, where necessary, key managers in court. This is especially true if an accident has a fatal, drastically altering, or seriously close-call consequence that would have caused a catastrophic occurrence.

The option to prosecute firm employees under Malaysia’s current safety and health laws exists, but up until now, the authorities haven’t used it very often, if at all. The enforcement agencies undoubtedly have their justifications for not bringing legal charges against firm personnel, but there is a good chance that this will alter over time. The new Occupational Safety & Health 2020 (Amendment) Bill will soon become law in 2022 after being gazetted.

Given that it would apply to all workplaces and that it will cover both private and public enterprises of all sizes (small, medium, and large), the new legislation’s reach will be extensive. Why is there a need for new legislation now? Because there are too many coverage gaps in the workplace and a significant performance gap exists between Malaysia and benchmark and neighboring nations in terms of workplace safety and health.

Here, we are specifically talking to reporting dependability, accident rates, fatalities, and life-altering catastrophes. Safety and health at work, as well as the welfare of front-line employees, staff, contractors, and visitors, are important aspects of corporate “social responsibility” that are moving up the corporate agenda. Organizations that take safety and health seriously and implement prevention strategies within the parameters of Occupational Safety & Health law need not be alarmed. These organizations can be private, government-affiliated, or public.

There must be a shift in; – level of enforcement for Malaysia’s companies and workplaces to improve Safety & Health performance and, more significantly, “keep workers safe.”
– change enforcement tactics from reactive to proactive.
– uniformity in the application and execution of the law.
– A company’s or organization’s culture must respect employee safety and see it as a way to boost and sustain productivity rather than as an extra expense.
– Businesses need to plan ahead and comprehend what it takes to maintain accident-free operations.

The fact that NGO’s and observers are growing more zealous about holding employers accountable when employees lose their lives or suffer permanently disabling injuries should not come as a surprise to Malaysia’s industries. Internationally and domestically, Malaysia’s reputation for how it treats its workforce is at risk, and employee safety and well-being play a significant role in this. For industry participants to reform, more government pressure will be needed. If self-regulation doesn’t catch on, holding people in companies accountable for personnel safety may be important.

The likelihood of workplace accidents will rise as Malaysia enters the endemic phase of the Covid-19 pandemic, as industries grow more active, employ more people, and engage more contractor services, if Safety & Health management isn’t given adequate attention. If adequately pushed and implemented, the upcoming safety and health legislative reform could be opportune. Organizations should take proactive measures to not only abide by the laws that are in place now and those that will be passed in the future, but also to create “a way of doing things” in their operations that keeps all personnel who are affected by them safe and undamaged.

The principals of public organizations and the shareholders/owners of private ones must recognize the damage to their companies if they manage employee safety and wellbeing poorly. It will be necessary to designate imaginative, knowledgeable, and wholistic “leaders.” Owner-operators of smaller companies will need to priorities and value workplace safety and enlist the support of experts to manage the risks and hazards they pose within the framework of an HSMS, or health and safety management system.

When it comes to ensuring employee safety at work, the key lessons I learned from my experience as a senior leader and in functional Safety & Health roles in business were: – the importance of investing time in planning and thinking about safe operations; – the necessity of organizing for safe working;
– the value of collaborating with an expert in workplace safety and health, even on a part-time basis; – the significance of rallying departmental leaders (direct reports) behind the application of safe procedures;
– the effect personnel objectives that take safety and health performance into account can have on the incorporation of safe practices into routine business operations,
– the good effect that engaging with frontline employees and communicating with them may have on their attitude toward working properly and speaking up when something is obviously unsafe, i.e. the growth of trust