KUALA LUMPUR – Using the Occupational Safety and Health Act 1994 (OSHA) to punish workers who refuse to get their Covid-19 vaccine jabs goes against the spirit of the law.
The Malaysian Trades Union Congress (MTUC) general council member A. Sivananthan added initial actions by employers should not include termination.
“From my perspective, OSHA was enacted to ensure those with risky work conditions would be provided a safe working environment,” Sivananthan told The Vibes.
The responsibility of providing a safe working environment, hence, lies with employers, he said.
“Furthermore, it is the responsibility of employers to come up with safety policies and, given the pandemic, these must include standard operating procedures (SOPs) pertinent to Covid-19,” he said.
On September 3, Human Resources Minister Datuk Seri M. Saravanan had said that workers who refuse to get their Covid-19 vaccine jabs could face action under OSHA for causing an unsafe environment at the workplace.
Saravanan said that although there is no legal provision making Covid-19 vaccination mandatory, the Act requires employers to ensure the safety and health of themselves and others at the workplace.
While unvaccinated employees do create a risky environment, Sivananthan said the MTUC is against punishment for those unwilling to be vaccinated.
He advised the government not to push employers to punish unvaccinated workers.
“The workplace will be the best arena to educate those hesitant to get vaccinated.
“Punishment is not the answer. Instead, we must have clear SOPs and take corrective measures to emphasise the importance of immunisation.
“By punishing or terminating them, we are releasing one extra non-immunised and unemployed person back into society,” Sivananthan added.
However, he said given the rampant anti-vaccination rhetoric circulating on channels such as on social media, some employees who are stubborn may not budge from their decision not to get vaccinated.
“Where corrective measures have failed, employers must look into other alternatives before resorting to punishment.” – The Vibes, September 13, 2021
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