Corporate liability under malaysian occupational safety and health legislation

Research output: Contribution to journalArticle

Abstract

Although the underlying philosophy of the Malaysian Occupational Safety and Health Act 1994 has always been self-regulatory, enforcement of the Act has relied on prosecution. The Act provides for several forms of sanctions– imprisonment and fines –to punish wrongdoers, who are mainly corporate bodies. Scores of corporate entities have been prosecuted since the promulgation of the Act in 1994; the overwhelming majority of these entities charged under the Act pleaded guilty and paid fines. This study found that corporate entities have generally been willing to pay fines rather than undergo criminal trials under the Act. Cases from the 2006-2013period prove the consistency of such pattern. The reasons for paying fines rather than undergoing criminal trial include the following, among others: the fines are comparatively low, the burden of proof is on the accused (in practice), the intensity and time factor of a full trial is onerous and the company's reputation is at risk. In the case of workplace-related death and its effect on corporations, the laws of the United Kingdom are analysed. This study adopted a qualitative method that mainly relied on descriptive and analytical examinations of statutory provisions and case law.

Original languageEnglish
Pages (from-to)281-294
Number of pages14
JournalInternational Journal of Business and Society
Volume16
Issue number2
Publication statusPublished - 2015

Fingerprint

Legislation
Liability
Occupational safety and health
Factors
Regulatory enforcement
Burden
Work place
Qualitative methods
Sanctions
Imprisonment

Keywords

  • Corporate Liability
  • Malaysia
  • OSHA 1994
  • Prosecution
  • Safety and Health

ASJC Scopus subject areas

  • Economics and Econometrics
  • Finance
  • Strategy and Management
  • Business and International Management

Cite this

Corporate liability under malaysian occupational safety and health legislation. / Hassan, Kamal Halili.

In: International Journal of Business and Society, Vol. 16, No. 2, 2015, p. 281-294.

Research output: Contribution to journalArticle

@article{3ec9556ceb8b41fb95a4d6291b73625c,
title = "Corporate liability under malaysian occupational safety and health legislation",
abstract = "Although the underlying philosophy of the Malaysian Occupational Safety and Health Act 1994 has always been self-regulatory, enforcement of the Act has relied on prosecution. The Act provides for several forms of sanctions– imprisonment and fines –to punish wrongdoers, who are mainly corporate bodies. Scores of corporate entities have been prosecuted since the promulgation of the Act in 1994; the overwhelming majority of these entities charged under the Act pleaded guilty and paid fines. This study found that corporate entities have generally been willing to pay fines rather than undergo criminal trials under the Act. Cases from the 2006-2013period prove the consistency of such pattern. The reasons for paying fines rather than undergoing criminal trial include the following, among others: the fines are comparatively low, the burden of proof is on the accused (in practice), the intensity and time factor of a full trial is onerous and the company's reputation is at risk. In the case of workplace-related death and its effect on corporations, the laws of the United Kingdom are analysed. This study adopted a qualitative method that mainly relied on descriptive and analytical examinations of statutory provisions and case law.",
keywords = "Corporate Liability, Malaysia, OSHA 1994, Prosecution, Safety and Health",
author = "Hassan, {Kamal Halili}",
year = "2015",
language = "English",
volume = "16",
pages = "281--294",
journal = "International Journal of Business and Society",
issn = "1511-6670",
publisher = "Universiti Malaysia Sarawak",
number = "2",

}

TY - JOUR

T1 - Corporate liability under malaysian occupational safety and health legislation

AU - Hassan, Kamal Halili

PY - 2015

Y1 - 2015

N2 - Although the underlying philosophy of the Malaysian Occupational Safety and Health Act 1994 has always been self-regulatory, enforcement of the Act has relied on prosecution. The Act provides for several forms of sanctions– imprisonment and fines –to punish wrongdoers, who are mainly corporate bodies. Scores of corporate entities have been prosecuted since the promulgation of the Act in 1994; the overwhelming majority of these entities charged under the Act pleaded guilty and paid fines. This study found that corporate entities have generally been willing to pay fines rather than undergo criminal trials under the Act. Cases from the 2006-2013period prove the consistency of such pattern. The reasons for paying fines rather than undergoing criminal trial include the following, among others: the fines are comparatively low, the burden of proof is on the accused (in practice), the intensity and time factor of a full trial is onerous and the company's reputation is at risk. In the case of workplace-related death and its effect on corporations, the laws of the United Kingdom are analysed. This study adopted a qualitative method that mainly relied on descriptive and analytical examinations of statutory provisions and case law.

AB - Although the underlying philosophy of the Malaysian Occupational Safety and Health Act 1994 has always been self-regulatory, enforcement of the Act has relied on prosecution. The Act provides for several forms of sanctions– imprisonment and fines –to punish wrongdoers, who are mainly corporate bodies. Scores of corporate entities have been prosecuted since the promulgation of the Act in 1994; the overwhelming majority of these entities charged under the Act pleaded guilty and paid fines. This study found that corporate entities have generally been willing to pay fines rather than undergo criminal trials under the Act. Cases from the 2006-2013period prove the consistency of such pattern. The reasons for paying fines rather than undergoing criminal trial include the following, among others: the fines are comparatively low, the burden of proof is on the accused (in practice), the intensity and time factor of a full trial is onerous and the company's reputation is at risk. In the case of workplace-related death and its effect on corporations, the laws of the United Kingdom are analysed. This study adopted a qualitative method that mainly relied on descriptive and analytical examinations of statutory provisions and case law.

KW - Corporate Liability

KW - Malaysia

KW - OSHA 1994

KW - Prosecution

KW - Safety and Health

UR - http://www.scopus.com/inward/record.url?scp=84941958837&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84941958837&partnerID=8YFLogxK

M3 - Article

VL - 16

SP - 281

EP - 294

JO - International Journal of Business and Society

JF - International Journal of Business and Society

SN - 1511-6670

IS - 2

ER -