The Department of Occupational Safety and Health has just published the “Panduan Hak Pekerja Bagi Pelaksanaan Seksyen 26A Akta Keselamatan dan Kesihatan Pekerjaan 1994” or the guideline on Workers’ Rights for the implementation of Section 26A of the Occupational Safety and Health Act 1994 (OSHA1994). In the 2022 amendment of the OSHA 1994 which was gazetted in 2024, a new section on workers’ rights to remove themselves from dangerous situations if the employer fails to eliminate the hazard.

Here is the provision under the Section 26A – Rights of Employees

An employee, after informing his employer or his representative that he has reasonable justification to believe there exist an imminent danger at his place of work, shall have the right to remove himself from the danger or the work if the employer fails to take any action to remove the danger.
An employee who removes himself from the danger in accordance with subsection (1) shall be protected against undue consequences and shall not be discriminated against.
For the purposes of this section, “imminent danger” means a serious risk of death or serious bodily injury to any person that is caused by any plant, substance, condition, activity, process, practice, procedure or place of work hazard.

The primary aim of this guide is to provide clear instructions on the actions that need to be taken by both employers and employees when faced with imminent dangers at the workplace.

Key points include

Employees must inform their employer if they believe there is an imminent danger.
Employees have the right to remove themselves from the danger if no action is taken.
Employees are protected from undue consequences and discrimination for exercising this right.
“Imminent danger” is defined as a serious risk of death or severe injury.

Roles and Responsibilities

Employers

Identify locations and activities that may pose imminent dangers.
Establish procedures to handle such situations.
Provide information and training to employees about their rights and the procedures to follow.
Take immediate corrective actions when imminent dangers are identified.
Maintain records of such incidents and training.

Employees

Be vigilant about potential imminent dangers.
Inform the employer immediately if such situations arise.
Follow established procedures to handle imminent dangers.

Implementation Procedures

Steps for handling imminent danger situations include:

Employees must promptly notify the employer of the danger.
The employer should immediately inspect and address the hazard.
If the hazard cannot be eliminated immediately, the employer must stop the related work activities until it is safe.
Employees have the right to remove themselves from the danger if the employer fails to act.

Protection for Employees

Employees who exercise their rights under Section 26A are protected from unfair consequences and discrimination, such as dismissal or demotion. Any discrimination issues will be handled under the Industrial Relations Act 1967.

The guideline has included two appendices that provide the lists serious bodily injuries as defined in the 4th Schedule of the OSHA1994, and a flowchart for handling imminent danger situations.

The points highlighted in the guideline are:

The guide emphasizes the fundamental right of workers to a safe and healthy working environment.
It aligns with international standards set by the International Labour Organization (ILO).
The guide provides a structured approach for both employers and employees to manage workplace hazards effectively.
It ensures legal protection for employees who act in good faith to protect their safety and health.

The guideline is a comprehensive resource aimed at fostering a safer workplace environment by clearly defining the rights and responsibilities of both employers and employees in Malaysia.

Download the Panduan Hak Pekerja Bagi Pelaksanaan Seksyen 26A Akta Keselamatan dan Kesihatan Pekerjaan 1994

Article written by Victor Hoe