Based on the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 (“Regulations”), premises offering essential services may operate, provided that the number of personnel and patrons at the premise are kept to a minimum. While businesses have to go on at this critical time, workplace safety has become a major concern for employees who are performing their duties during the enforcement of the Movement Control Order (MCO) in Malaysia.
In an updated Frequently Asked Questions (FAQs) by the Ministry of Human Resources (MOHR) on 19th March 2020, MOHR detailed the precautionary measures to be introduced at workplaces. In this update, we brief our readers on the key measures to be deployed by employers to ensure the wellbeing of their workers.
What are the measures to be introduced at the workplace by employers during the MCO period?
Generally, employers bear a statutory duty to ensure the safety, health, and welfare at work of their employees pursuant to section 15 of the Occupational Safety and Health Act 1994 (OSHA 1994). In addition, employers owe a duty of care not to expose employees to danger during and in the course of discharging their employment duties. Therefore, employers should take all practicable steps to protect and prevent employees from being exposed to COVID-19 while carrying out their work.
The FAQs outline several actions to be observed by employers who are permitted to operate their businesses during the MCO period, including:
(a) reducing the number of employees to the minimal level or at least half of the current workforce;
(b) ensuring limited or restricted movement of employees involved in operations;
(c) preparing a thermometer and taking employees’ body temperature daily;
(d) ensuring compliance with the Ministry of Health’s COVID-19 prevention procedures;
(e) providing hand sanitizers;
(f) conducting sanitization and cleaning activities;
(g) implementing social distancing guidelines.
Prior to the announcement of MCO, MOHR also issued the Guidelines on Handling Issues Relating to Contagious Outbreaks Including Novel Coronavirus (2019-NCOV). These guidelines recommend that employers:
(a) instruct employees returning from affected countries to be medically examined at the employer’s expense;
(b) provide paid sick leave or hospitalization during quarantine, and consider extra remuneration for those exceeding their entitlement;
(c) provide full salary to employees with quarantine orders;
(d) allow employees to attend work if no quarantine order is issued;
(e) avoid forcing employees to take annual or unpaid leave during quarantine.
These guidelines, though focused on quarantine situations, similarly apply during the MCO wherever relevant. Employers who fail to provide a safe working environment under OSHA 1994 commit an offence and may face penalties of up to RM50,000 in fines, imprisonment for up to 2 years, or both.
Employees are also required under section 24 of OSHA 1994 to cooperate with employers in complying with safety requirements. For instance, if employees are instructed to work from home, they must not attend the office. Failure to comply could expose both employer and employee to penalties. Employees who disobey unlawful instructions to attend work are not guilty of insubordination under MCO regulations and may lodge a police report against their employers.
Employers must remember their duty of care to avoid involving employees in unlawful activities. Those requiring employees to work in defiance of MCO risk legal action for loss or damages caused.
Article Authors
Gan Khong Aik
Partner, Gan Partnership
Email: khongaik@ganlaw.my
Lee Sze Ching (Ashley)
Associate, Gan Partnership
Email: szeching@ganlaw.my
Note: This article is for general information only and should not be relied upon as legal advice. For any inquiries on this article, please contact Gan Khong Aik (khongaik@ganlaw.my) or Lee Sze Ching (Ashley) (szeching@ganlaw.my).
