Question: Section 15 of the Occupational Safety and Health Act 1994 (Act 514) provides that “it shall be the duty of every employer and every self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees .
” It is arguable that the provision covers only physical well being and welfare but not psychological wellbeing and welfare. Do you agree with this argument?
Discuss whether Malaysia law has room to ensure employers have a duty to maintain psychological welfare and well being.
REGULATIONS:
1. You will first need to consider the extent of the duty under Malaysian law. The materials provided should help provide you with insight required. Once you have a feel for the nature and extent of the duty, consider whether there is room to include psychological well-being. Most written pieces in the area concern with workplace stress.
2. In some aspect if there is a duty, there is possibly not only statutory breach but may also extend to a breach under the law of negligence (specifically nervous shock or psychiatric harm; this is an area you may want to read up on as well). Or is the negligence claim separate from statute.
3. Your answer must refer to the relevant journals and cases provided, where relevant.
4. You are also encouraged to read the material provided. This will provide an idea of issues as well as arguments that are raised for and against employers’ duty for employees’ psychological well being at workplace.
5. The goal of your answer is to evaluate employer duties. Consider whether employers should be responsible. Whether you agree or disagree, you should be able to explain your reasons for this. These reasons should be supported with materials you have.
MATERIALS:
https://docs.google.com/document/d/1_GPsNFlRUCNx4KIVRw7jv5PYHu
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