Record Details

CORPORATE LIABILITY UNDER MALAYSIAN OCCUPATIONAL SAFETY AND HEALTH LEGISLATION

International Journal of Business and Society

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Title CORPORATE LIABILITY UNDER MALAYSIAN OCCUPATIONAL SAFETY AND HEALTH LEGISLATION
 
Creator Hassan, Kamal Halili
 
Description Although the underlying philosophy of the Malaysian Occupational Safety and Health Act1994 has always been self-regulatory, enforcement of the Act has relied on prosecution. TheAct 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 thepromulgation of the Act in 1994; the overwhelming majority of these entities charged underthe Act pleaded guilty and paid fines. This study found that corporate entities have generallybeen willing to pay fines rather than undergo criminal trials under the Act. Cases from the2006-2013period prove the consistency of such pattern. The reasons for paying fines ratherthan undergoing criminal trial include the following, among others: the fines are comparativelylow, the burden of proof is on the accused (in practice), the intensity and time factor of afull trial is onerous and the company's reputation is at risk. In the case of workplace-relateddeath and its effect on corporations, the laws of the United Kingdom are analysed. This studyadopted a qualitative method that mainly relied on descriptive and analytical examinations ofstatutory provisions and case law.Keywords: Malaysia; OSHA 1994; Corporate Liability; Prosecution; Safety and Health.
 
Publisher Faculty of Economics and Business, UNIMAS
 
Date 2017-11-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://publisher.unimas.my/ojs/index.php/IJBS/article/view/569
 
Source International Journal of Business and Society; Vol 16 No 2 (2015): International Journal of Business and Society
1511-6670
 
Language eng
 
Relation http://publisher.unimas.my/ojs/index.php/IJBS/article/view/569/511
 
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