Malaysia - Post-MCO Measures For Employers In A Workplace.

Legal News & Analysis - Asia Pacific - Malaysia - Labour & Employment - Regulatory & Compliance

4 May 2020

 

Introduction
 

Dear valued clients and business partners, the Prime Minister of Malaysia has announced that effective 4 May 2020, a majority of the economic sectors in Malaysia will be allowed to resume its operations, subject to the guidelines and Standard Operating Procedures.

 

Notwithstanding the resumption of operations, employers must be mindful that it is under a statutory obligation to protect and ensure the safety, health and welfare of its employees1. As it stands, employers and employees have been advised to practice social distancing, substituting physical meetings with tele-conferences and to promote self-hygiene practices by using Protective Personal Equipment (“PPE”) to contain the spread of the novel coronavirus.

 

Nevertheless, it is crucial for employers to strengthen its safety measures in its workplace to curb the spread of the coronavirus upon resuming its operations. Below are some additional measures employers are advised to introduce to contain the spread of Covid-19:

 

i.Setting up Emergency Response Team

Employers are advised to establish dedicate Emergency Response Teams (“ERT”), whose primary functions are to monitor employee absenteeism or sick leave. The employees within the ERT should also be the primary persons in the event employees demonstrate Covid-19 related symptoms.

 

ii.Mandatory temperature monitoring at premises’ entry points

Temperate monitoring should be placed at the employers at the entry points of the premises. Employees registering temperate of 37.5°C and above should be advised to return home

 

iii.Alternate working schedules

Alternate working schedules should be implemented in order to minimize workplace density and promote social distancing. Employers should consider introducing alternate working shifts for employees to this effect.

 

iv. Maintaining record of attendees to business premises

Employers are advised to maintain a record of all individuals entering its business premises to facilitate contact tracing measures.

 

v.Sanitisation of common areas

Employers are advised to regularly sanitize its premises in one day, particularly in high traffic common areas (for example : lobbies, elevators, cafeterias and washrooms).

 

vi.Restrict non-essential work travel 

Non-essential work travel arrangements should, as far as possible, be restricted. Employers are advised to promote tele-conferencing and to avoid any inter-state travel.

 

vii.Communicating health guidelines to Employees

It is crucial for Employers to communicate all the measures implemented to ensure that its Employees are aware and fully comply with the Standard Operating Procedures.

 

The above measures are guidelines for Employers to consider once operations resume at its full capacity to overcome these unprecedented times. Operations pre-MCO are insufficient to address the risks moving forward. On this account, Employers and Employees must work together to embrace the “new normal”.

 

1 Section 15 of Occupational Health and Safety Act 514

 

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For further information, please contact:

 

Sivabalah Nadarajah, Partner, Shearn Delamore & Co​

sivabalah@shearndelamore.com