5 Things Companies Need to Know About the Amendments to Occupational Safety Laws

Kwan Will Sen and Muayyad bin Khairulmaini write about the amendments to the Occupational Safety and Health Act.

The Occupational Safety and Health (Amendment) Bill 2020 (“OSHA Bill”) was tabled for the first reading in Parliament by the Minister of Human Resources, YB Datuk Seri Saravanan A/L Murugan on 2 November 2020. Once passed, the OSHA Bill will introduce significant amendments to the Occupational Safety and Health Act 1994 (“Act” or “OSHA 1994”).

With discussions on reform to Malaysian Occupational Health and Safety laws being mooted as early as 2018, the OSHA Bill 2020 touches on several key areas with a goal to facilitate the provision of a safe working environment for all employees nationwide.

We touch on five key amendments introduced in the OSHA Bill below. In particular, directors of companies must be aware of the risk of their personal liability and the risk of being jointly charged for occupational health violations. Continue reading

Malaysia’s New Attorney General (Idrus Harun): His Top 3 Cases as a Federal Court Judge

[This is a guest post by Kwan Will Sen. He is a litigation partner focusing on commercial litigation and arbitration, and fraud and asset recovery.]

Idrus Harun was a Judge of the apex Court of Malaysia, the Federal Court. He has been appointed as the Attorney General (AG) effective 6 March 2020, replacing Tommy Thomas.

I discuss three significant decisions by Idrus Harun FCJ (as he then was). He wrote the Federal Court’s grounds of judgment for the first two cases (Ireka/ Jack-In Pile and Nautical Supreme), and was part of the minority for the third case (JRI Resources). Continue reading