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Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994

The global economic recession some time ago made the occupational environment concern, left unattended. Further, this recession caused the unsecure and hazardous workplace, became common to society. Nevertheless, despite the above phenomenon, the fight for a perfect occupational safety and health sy...

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Main Author: Md Ismail, Che Thalbi
Format: Article
Language:English
Published: Global Academic Excellence 2018
Subjects:
KZ Law of Nations
Online Access:http://repo.uum.edu.my/25502/1/IJLG%203%20%2013%202018%20122%20133.pdf
http://repo.uum.edu.my/25502/
http://www.ijlgc.com/archived.asm
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spelling my.uum.repo.255022019-01-27T02:15:16Z http://repo.uum.edu.my/25502/ Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994 Md Ismail, Che Thalbi KZ Law of Nations The global economic recession some time ago made the occupational environment concern, left unattended. Further, this recession caused the unsecure and hazardous workplace, became common to society. Nevertheless, despite the above phenomenon, the fight for a perfect occupational safety and health system was always there. To claim for a compensation, a workman must establish that it is the employer’s fault which caused the injury. This shows that the principle still adopted the similar spirit with common law in Britain. The application of the common law principle did not really help the workmen in their claim, further, the safety and healthcare claim was considered as equivalent to other kinds of claims which was not given a separate platform. The ‘common employment’ doctrine, contributory negligence and assumption of risk, still strongly influence the court in making the decisions and restrict the workmen’s chances in getting the compensation. Hence, with the enactment of the Occupational Safety and Health Act 1994, the law has placed the liability on all the related parties, especially on the employer to safeguard the safety and health of workers. Besides that, the workers also will have the choices to make claim the tortious liability of the employer, or the involving parties be fined for breach of the statutory liability. Global Academic Excellence 2018 Article PeerReviewed application/pdf en http://repo.uum.edu.my/25502/1/IJLG%203%20%2013%202018%20122%20133.pdf Md Ismail, Che Thalbi (2018) Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994. International Journal of Law, Government and Communication, 3 (13). pp. 122-133. ISSN 0128-1763 http://www.ijlgc.com/archived.asm
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutionali Repository
url_provider http://repo.uum.edu.my/
language English
topic KZ Law of Nations
spellingShingle KZ Law of Nations
Md Ismail, Che Thalbi
Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994
description The global economic recession some time ago made the occupational environment concern, left unattended. Further, this recession caused the unsecure and hazardous workplace, became common to society. Nevertheless, despite the above phenomenon, the fight for a perfect occupational safety and health system was always there. To claim for a compensation, a workman must establish that it is the employer’s fault which caused the injury. This shows that the principle still adopted the similar spirit with common law in Britain. The application of the common law principle did not really help the workmen in their claim, further, the safety and healthcare claim was considered as equivalent to other kinds of claims which was not given a separate platform. The ‘common employment’ doctrine, contributory negligence and assumption of risk, still strongly influence the court in making the decisions and restrict the workmen’s chances in getting the compensation. Hence, with the enactment of the Occupational Safety and Health Act 1994, the law has placed the liability on all the related parties, especially on the employer to safeguard the safety and health of workers. Besides that, the workers also will have the choices to make claim the tortious liability of the employer, or the involving parties be fined for breach of the statutory liability.
format Article
author Md Ismail, Che Thalbi
author_facet Md Ismail, Che Thalbi
author_sort Md Ismail, Che Thalbi
title Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994
title_short Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994
title_full Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994
title_fullStr Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994
title_full_unstemmed Liability on occupational safety and health care: the legal development from common employment to Occupational Safety and Health Act 1994
title_sort liability on occupational safety and health care: the legal development from common employment to occupational safety and health act 1994
publisher Global Academic Excellence
publishDate 2018
url http://repo.uum.edu.my/25502/1/IJLG%203%20%2013%202018%20122%20133.pdf
http://repo.uum.edu.my/25502/
http://www.ijlgc.com/archived.asm
_version_ 1644284342918184960
score 13.211869

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