746 workers died in industrial accidents in Malaysia in 2008

Recently, we had 7 workers who died during the former Jaya Supermarket demolition accident. Later, it was revealed that the said employer did not have the necessary approval of the Department of Occupational Safety and Health (DOSH).

Now, it has been revealed that in 2008, there were 44,918 industrial accidents, and 746 workers died. This is unacceptable.

No information have been provided as to whether action have been taken against the negligent parties.

No information as to whether these workers and/or their dependents have received their compensation under the SOCSO (for local workers) and Workmen's Compensation (for foreign workers).

How many foreign workers died? Did their dependents receive their compensation?

The 'secretive' maner of reporting makes us wonder whether the 7 who died at the recent Jaya Supermarket incident were documented or undocumented workers. Were they registered workers - entitled to the SOCSO/Workmen's Compensation?

Should undocumented (or 'illegal' ) workers be entitled to receive the compensation provided for under these social security schemes/insurances when they meet with an industrial accident or die as a result of this accident? YES - reasonably and justly they should get their due compensation.

Mr Minister, tell us more and re-affirm us that these undocumented workers also get the said compensation when they are victims of industrial accidents.

There were 44,918 accidents at the work place in the country for the whole of last year with 746 fatal cases.

The Deputy Minister of Human Resources, Datuk Maznah Mazlan, said the figure was quite high and the Department of Occupational Safety and Health (DOSH) would intensify efforts to reduce the rate.

She said the DOSH was responsible in ensuring that employers implemented and complied with all the guidance and procedures on safety and health at the work place.

The ministry noted that many employers were still neglecting the aspects of safety at the work place and were reluctant to register with the DOSH, she said.

"For example, out of the total of 215 estates and plantations in Negeri Sembilan, only 126 were registered with the DOSH," she told reporters after opening the seminar on occupational safety and health in the agricultural and livestock breeding sectors organised by the DOSH, Negeri Sembilan at the Industrial Training Institute, Pedas, near here today.

Maznah said most of the industrial accidents involved the manufacturing and agricultural sectors.- Bernama, 28/5/2009, Rate Of Industrial Accidents Still High

What are the laws that cover workers when it comes to industrial accidents (including travel to and from the workplace)? Here is just some brief general points, that I found from the Port Klang Free Zone website

Two compensation schemes provided for local and foreign workers are as follows:

1. Social Security Organisation (SOCSO):

• Administers the Employment Injury Insurance Scheme and the Invalidity Pension Scheme provided under the Employees' Social Security Act 1969. Socso only covers Malaysian workers and permanent residents.
• All establishments, including factories, employing workers earning wages not exceeding RM2,000 a month are required to insure their workers under the two social security schemes.
• The Employment Injury Insurance Scheme provides employees with coverage by way of cash benefits and medical care in the event of any disablement or death due to employment injury. Only the employer pays the contribution of about 1.25% of the employees' monthly wages.
• The Invalidity Pension Scheme provides 24-hour coverage to employees against invalidity and death due to any cause before attaining the age of 55 years. The 1% monthly contribution is shared equally between the employer and employee.

2. Foreign Workers' Compensation Plan (FWCP) - Malaysia

• The Workmen's Compensation Act 1952 administered by the Department of Labour provides for the payment of compensation to workmen in the event of injuries arising from their employment. Where fatalities occur, the Act provides for the payment of compensation to the workers' dependants.
• The Act covers private sector workers who earn less than RM500 a month and all manual workers irrespective of their wages.
• Malaysian and permanent residents who are covered by SOCSO are NOT covered by this Act.
• All foreign workers come under the purview of the Act in respect of compensation for employment injury as well as non-employment injury via the Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998.
• Under Section 26(2) of the Amended Act 1996 of Workmen's Compensation Act 1952, it is mandatory for every employer to insure all the foreign workers employed by him under an approved insurance scheme in respect of any liability he may incur.