International Journal of Advanced and Applied Sciences
Int. j. adv. appl. sci.
EISSN: 2313-3724
Print ISSN: 2313-626X
Volume 3, Issue 11 (November 2016), Pages: 99-104
Title: Legislative enforcement affecting construction site safety in Malaysia
Author(s): Rozanah Ab. Rahman *
Affiliation(s):
Faculty of Economics and Management, Universiti Putra Malaysia, 43400 UPM Serdang, Selangor, Malaysia
https://doi.org/10.21833/ijaas.2016.11.016
Abstract:
Construction industry is compelled to comply with the Occupational Safety and Health Act (OSHA) 1994 and its Regulations made thereunder and the legislation laid down the duty holders’ duties for the contractors and the sub-contractors to ensure safety compliance at the project sites. The duty holders must take ownership of the outcome of the safety and health initiatives shouldered by them, including the contractual liability agreed upon in their contracts sealed for construction projects. In enforcing the OSHA 1994, the Department of Occupational Safety and Health (DOSH) is the enforcement authority given the power under the Act to carry out inspection and investigation upon occurrence of incidents at the workplaces. An important question raised by this paper focus on the enforcement and investigation of safety matters at the construction sites upon the amendment made to the CIDB Act 1994 that empowered CIDB to function into enforcement activities, disciplinary actions, prosecution action and penalty charges. The similar power of DOSH conferred on CIDB under the amended provisions would lead to duplication or overlapping instead of complementarity in nature and hence coordinated strategies and programs are obviously needed to overcome conflicts or disagreements and inconsistencies in managing the enforcement.
© 2016 The Authors. Published by IASE.
This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/).
Keywords: Construction, Site safety, Investigation and enforcement, Regulatory impact assessment
Article History: Received 5 September 2016, Received in revised form 26 October 2016, Accepted 11 November 2016
Digital Object Identifier: https://doi.org/10.21833/ijaas.2016.11.016
Citation:
Rozanah AR (2016). Legislative enforcement affecting construction site safety in Malaysia. International Journal of Advanced and Applied Sciences, 3(11): 99-104
http://www.science-gate.com/IJAAS/V3I11/Rozanah.html
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