Unsafe Work Environment At Construction Workplace: A Legal Implications

The recent 11th Malaysian Plan (2016-2020), showed that the Government will continue to map out its approach to upgrade physical infrastructure in the next five years. It will become the multiplier effect that continue to be the catalyst to the other sectors to attract domestic and foreign investments to support the country’s economic growth. Construction growth (GDP) to remain robust with the Government’s GDP forecast of 10.7% for the sector in 2015. This scenario claim relevancy to place great concern on the occupational health and safety in construction work. This need be reflected in the many preventive measures taken to minimize the hazard and the risks that the workers are exposed. Literature claims that accidents occur due to three main causes that are (a) failure to continuously in stages, to identify unsafe work conditions and environment, (b) unscrupulous decision to continue work knowingly even when unsafe conditions identified by workers, and (c) to act unsafely and jeopardizing workers safety and life as well as the workplace. This paper will examine the nature of unsafe work environment at construction workplace, the risk and hazards identified and the relevant laws and procedures available in Malaysia to ensure work safety practice in the construction work sites. Finally, to identify some of the preventive and innovative measures needed to ensure safety work environment at work sites. This exposure will helps to explain better on the accidents on construction sites and in identifying areas where prevention efforts should be directed, so that labour and management may provide more effective measures for preventing accident occurrence

Theoretical Foundation Of Sexual Bribery At Workplace: A Social Legal Perspective

Sexual Bribery is most commonly known as quid pro quo sexual harassment that is when a co-worker or supervisor offers an incentive for engaging in sexual relations with them or another employee. The common incentives in exchange for sexual favours includes promotion, wage raise, positive performance review or good recommendation, and special treatment in the workplace. This paper presentation dwells on the theoretical foundation of sexual bribery at workplace. The investigation will examine how conformity to gender norms on masculinity create risk of sexual harassment to women workers particularly. However both sexes are exposed to be sexually harassed via this form of sexual harassment. Power and power relations have substantial influence in organizational theories, place female workers in awkward positions to resist sexual advance. This is because economically they are dependent on their male supervisor as the supervisor coerces the employee's to submit to his/her sexual demands and subjecting her/his employment to that submission. This research paper also sought to explore the manner in which quid pro quo plays a role in effecting sexual advances between male supervisor and female worker. Having employed various peer-reviewed articles, books, dissertations and internet journals on sexual harassment as a methodology, the other aim of this paper was to highlight the detrimental effects of sexual bribery on the psychological aspects of females in the working organization. The findings revealed that victims of sexual bribery suffers the threatened harm or remains submissive to avoid victimization. Understanding the theoretical mechanisms behind this relationship would be helpful to structuring policy initiatives. This study also supported theories that sexual bribery at workplace- harassment of women is not rooted in sexual desire, attraction, or romance. Instead, these are considered behaviours used to penalize gender- non-traditional women, or those who are seen as “weak and deviant” worker by their superior

Prevention Of Sexual Exploitation On Migrant Young Girls’ In Sabah

Sabah is a destination and transit point for migrant workers, mainly from Indonesia, Bangladesh, the Philippines and other countries in Asia. Often their migration to Sabah in search of employment is done voluntarily. This includes the migrant young girls. Similar to women workers, the young girls being vulnerable, they were exposed to exploitation, cheating, misrepresentation by the employers and agents. They were trapped into debt bondage and forced labour by employers, employment agents or recruiters. Young girls are trapped, forced to work and perform work not suitable for their age and ability and paid less than adults doing similar work. These are common abusive, exploitative conducts practiced on these young girls. They were exploited and forced to pay various fees and their debts inflated to prolong exploitation particularly those smuggled into Sabah. The fact that they were exploited victims, this allows them to be protected under the Malaysia Anti- trafficking In Persons and Anti Smuggling Act 2007 (amendment 2012) as trafficked persons. It is most disastrous when it involves the sexual exploitation of migrant young girls by irresponsible syndicate, to gain profit from their vulnerability and ignorance. Thus, this paper intends to dwell into the problems faced by sexually exploited young migrant girls, types of exploitation and abuse faced, and protection conducted by the law enforcers to protect them and prevent such sexual exploitation by the local agents and employers

Migration by sea: protection of asylum seekers

Protection of asylum seekers migrating by sea are reflected in international law on refugees, international maritime law, international human rights and international criminal law. Asylum seekers shared their mode of travel via sea with many types of migrant, and most of the time they are being referred to as “mixed migration” or “irregular maritime migration” or “boat people”. They have the rights to family life and basic needs and assistance for shelter, food, legal, medical and psychosocial assistance from the UNHCR and the relevant organizations. The right also includes the right to seek and to enjoy protection from persecution(Article 14 of the Universal Declaration of Human Rights) in other countries of asylum. The asylum seeker may be recognized as a refugee when the person’s circumstances fall into the definition of “refugee” according to the 1951 Convention relating to the Status of Refugees (1951 Convention) or other refugee laws. The issues of asylum seekers migrating by sea are complex as a result of conflicts between provisions of different international legal regimes. Aiding those in peril at sea is an obligation codified under several conventions relating to international maritime law such as the United Nations Convention on the Law of the Sea of 1982 (UNCLOS), the International Convention for the Safety of Life at Sea of 1974 (SOLAS) as amended, the International Convention on Maritime Search and Rescue of 1979 (SAR) as amended, and the 1958 Convention on the High Sea (to the extent that it has not been superseded by UNCLOS). Therefore, this write up examines provisions from different strands of international law that bear asylum seekers who are migrating by sea which includes the scope of search and rescue, and disembarkation of asylum seeker on coastal States. Simultaneously it also attempts to explore Malaysia attitudes towards asylum seekers migrating by sea

Prevention On Trafficking In Persons And Smuggling Of Migrant In Malaysia: Enforcement And Laws

The issue on trafficking in persons and smuggling of illegal migrants in Malaysia is increasingly crossborder crime that poses a worrying situation. Trafficking in persons and smuggling of migrants terms often confused the public generally. The differences in its terms and understanding on these issues must be determined and important in providing relevant in treatment and legal protection in Malaysia. In addition, forced labor rights as workers are often overlooked by the authorities because of their status as illegal immigrants (PATI). This complicate matter further when national legislation in particular the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Act 2007 [Act 670] also does not state clearly the interpretation of the Act. According to court cases decided in Malaysia, it is found that the courts interpret a situation as 'trafficking in persons' based on its purpose and forms of exploitation outlined in the Act

Sexual Harassment Hostile Environment: An Occupational Safety And Health Legal Implications

In legal terms, sexual harassment is any unwelcome sexual advance or conduct that intimidate, hostile, or offensive to the work environment. In fact, sexual harassment ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography (creating a hostile work environment) to sexual assault. Most often sexual harassment takes the form of men harassing women, but it can also be conducted onto men and between sexes. Superiors or coworkers who discriminate employee on basis of sex can be a form of sexual harassment when the act is not welcome by the employee. Sex discrimination is prohibited in every aspect of the employment relationship, from hiring, interviewing, and starting salaries to promotions, benefits, job responsibilities, firings, and layoffs. In Malaysia, sexual harassment can be seen as civil and criminal offences depending on what are the victim claims. As an employee the employment Act 1955 (amendment 2012) provide some improvements to Sexual harassment prevention at workplace. Complaint relating to sexual harassment can be made (i) by an employee against another employee; (ii) by an employee against any employer; or (iii) by an employer against an employee. These provision place a duty not only on the employer but the Director General and Minister of Human Resources to conduct enquiry into the Sexual harassment allegation. This paper will dwell on (a) the sexual harassment that cause the hostile environment, such as sexual discrimination and offensive pornography; (b) to determine how women become victimize (c) complaint procedures to prevention of sexual harassment at workplaces and, (d) the legal and economic implications because of the sexual harassment conducted on the victims

Foreign Migrants Trespassing in Sabah Forest Reserves: A Legal Discourse

According to Sabah Forestry Enactment 1968, Yang di-Pertua Negeri Sabah is given the power to reserves forests for various purposes including commercial, protection, domestic and others. Sabah Forestry Department is entrusted with proper and efficient planning, and implementation of State forest resources management (SFM) to comply with the sustainable forest principles. It achieves to manage forest resources towards sustainable and profitable forest governance. However, Sabah forest reserves were threatened by illegal trespassing by foreign migrants to possess forest produce unlawfully and to occupy State land illegally. This article aims to expose the causes of the invasion of forest reserves by foreign migrants, the offences committed by foreign migrant activities in the forest reserves, violation of specific legislation such as the Immigration Act 1959/63 and the Forest Enactment 1968. The qualitative legal research methodology was used to understand the issues at hand, the existing applicable laws and the legal implications for such illegal activities in these forest reserves.  Secondary data found in the legislation, journals, annual report, and law publication were collected, reviewed, analysed, and discussed to understand its legal implications better.  Thus, efforts to expose these illegal activities by foreign migrants is essential to ensure Sabah Forest Reserves can continuously be maintained and not destroyed at the hand of illegal foreign trespassers. Employers should also be made responsible for their involvement in trafficked or smuggled illegal migrants as workers and simultaneously, conduct illegal activities to deceit the State Forestry efforts and developmental planning in Sabah

Foreign Migrant Illegal Trespassing In Sabah Forest: The Need For Legal Awareness

Sabah is one of the states in Malaysia, which have gazetted forests reserves with a total area of 3.6 million hectares. The forestry sector through its timber revenue has acquired the annual tax collection amounted to millions of ringgit. This economic sector is one of the main contributors to Sabah state revenue. Sabah forest is rich in forest products as well as the flora and fauna are constantly maintained and monitored by the Forestry Department of Sabah from any trespassing activity. However, there are still attempts by foreign migrants to intrude the forest illegally to acquire forest products, especially in the forest reserves and violate the existing legislation. This paper aims to discuss the causes of the invasion of forest reserves by foreign migrants, the offenses committed by foreign migrant activities in the forest reserves, violation of specific legislation such as the Immigration Act 1959/63 and the Forest Enactment 1968. Finally, to propose adequate measures to create awareness among various interested groups and local communities and to always be responsible for preserving and protecting the forests from illegal trespassing by the foreign migrants

Employer’s Right And Liability Towards Migrant Worker’s Occupational Safety And Health In Malaysia

Malaysia is among the countries that use the services of many migrant workers in various work sectors. The rapid growth of the country that strived to be a developed country opens up many opportunities for migrant workers to come to work in Malaysia. The nature of the work performed by migrant workers usually involve high accidents risk work, in sectors such as construction, forestry, manufacturing and plantation. Their work involve heavy machinery, huge difficult to control instruments that may lead to accident risk. The cause of the accident may not only involve employees’ negligence but can also involve negligence on the part of employers. Unfortunately, when an accident occurred workers may be injured and died because of unexpected negligence and unsafe work systems. Therefore, when injuries or death occurred there are people who have to face legal action, incur criminal liability and are fined accordingly to the damage caused. This paper aims to discuss the employers’ rights and liabilities towards their migrant workers in terms of the occupational safety and health perspectives. These rights are provided in the legal provisions and the employers have responsibilities to ensure the safety and health system are managed and carried out effectively in workplaces. The discussion also focused on how employers’ leadership factors, can ensure safe work culture practiced at workplaces. Finally, remedial measures are suggested to provide rights and responsibilities to the employers to implement them in accordance with the existing legislation. The ultimate goal being to nurture a healthy and safe work culture among migrant workers and employers in Malaysia

Design and baseline characteristics of the finerenone in reducing cardiovascular mortality and morbidity in diabetic kidney disease trial

Background: Among people with diabetes, those with kidney disease have exceptionally high rates of cardiovascular (CV) morbidity and mortality and progression of their underlying kidney disease. Finerenone is a novel, nonsteroidal, selective mineralocorticoid receptor antagonist that has shown to reduce albuminuria in type 2 diabetes (T2D) patients with chronic kidney disease (CKD) while revealing only a low risk of hyperkalemia. However, the effect of finerenone on CV and renal outcomes has not yet been investigated in long-term trials. Patients and Methods: The Finerenone in Reducing CV Mortality and Morbidity in Diabetic Kidney Disease (FIGARO-DKD) trial aims to assess the efficacy and safety of finerenone compared to placebo at reducing clinically important CV and renal outcomes in T2D patients with CKD. FIGARO-DKD is a randomized, double-blind, placebo-controlled, parallel-group, event-driven trial running in 47 countries with an expected duration of approximately 6 years. FIGARO-DKD randomized 7,437 patients with an estimated glomerular filtration rate >= 25 mL/min/1.73 m(2) and albuminuria (urinary albumin-to-creatinine ratio >= 30 to <= 5,000 mg/g). The study has at least 90% power to detect a 20% reduction in the risk of the primary outcome (overall two-sided significance level alpha = 0.05), the composite of time to first occurrence of CV death, nonfatal myocardial infarction, nonfatal stroke, or hospitalization for heart failure. Conclusions: FIGARO-DKD will determine whether an optimally treated cohort of T2D patients with CKD at high risk of CV and renal events will experience cardiorenal benefits with the addition of finerenone to their treatment regimen. Trial Registration: EudraCT number: 2015-000950-39; ClinicalTrials.gov identifier: NCT02545049