Accountability for industrial accidents in Malaysia Reply


This last week, the New Strait Times reported on an initiative by the Malaysian government to increase companies’ responsibility for workplace safety by making “professionals” “responsible for accidents in the workplace”.

It may be a terminological argument about whether safety professionals or risk managers or company directors are to be held personally responsible for safety infringements and incidents – a discussion that is echoed in many jurisdictions around the world. It is likely to result in some reassessment of management responsibility in Malaysian companies. I would also speculate that the applications for OHS manager jobs may decline in Malaysia.

The article quotes the Human Resources Minister Datuk Dr S. Subramaniam as saying “If a crane accident occurs at a construction site, we want the engineers involved in ensuring the crane’s safety to be answerable.”

The initiative is clearly one that is directly related to the limited resources available to a safety regulator when every business is a workplace. Again this is a problem shared by regulators worldwide.

What is interesting is that this position has not (yet) evolved into one of corporate killing or industrial manslaughter legislation or corporate accountability, as it has elsewhere. Always the case by employer groups is that such a level of accountability would deter businesses from entering activities which would present an unacceptable level of risk, thereby harming economic growth. I suspect that the level of economic growth in Malaysia and the Asian region is likely to keep the debate going for quite some time without any resolution.

Note: a short video of  Datuk Dr S. Subramaniam speaking at the April 2008 conference is available HERE at the 2.43 minute mark

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