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Make Covid-19 an occupational disease under law for social protection — 51 groups
Malay Mail

APRIL 2 — We, the 51 undersigned groups, organisations and trade unions, in response to the advent of Covid-19, an infectious disease that can easily be transmitted to other human persons, including workers, urge that the Malaysian government immediately recognise and make Covid-19 an occupational disease.

By so doing, workers who are infected by Covid-19 at their workplace, even during this period, will become entitled to social protection accorded by social security schemes and laws.

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For those who die, by reason of getting infected by Covid-19 at the workplace, will also be easily entitled to compensations, and their spouses/children/elderly parents will also become entitled to survivor benefits including pensions.

Employers have a duty in law to ensure a safe working environment, and will also now be required to ensure that the workplace is safe from Covid-19 and/or any other dangerous communicable diseases, especially those can result in death or other permanent disabilities.

With the movement control order in place, which still requires workplaces that provide for essential services to operate, workers traveling to and from work, and at these workplace are everyday at risk of being infected by the Covid-19 virus, which to date has also resulted in many deaths worldwide, and as such workers need protection, and this can be done by specifically classifying Covid-19 as an occupational disease.

Now, recently even workers in charge of human resources, are required to travel and return to their workplaces for the purposes of arranging the monthly payment of salaries to workers.

Workers who are also needed (or forced) to stay in particular accommodation by employers, should also be covered. This also ought to be considered an "occupational disease,” and be accorded all the needed social protection.

While the Covid-19 pandemic highlights the inadequacies in occupational safety and health laws, and also social security laws for workers, it is time to remedy these failings.

One must note, that in the past, there has also been allegations of some workers forced to house together or work together has ended up contracting life threatening ailments like tuberculosis from other workers they are made to stay and/or work with.

All such ailments, not just Covid-19, which can cause death or other disabilities that may impact these workers future employment and income, ought to be specifically classified as occupational diseases, and workers should be accorded all benefits under social protection laws.

These laws should apply to all workers, including migrant workers and domestic workers.

In Malaysia, local workers are generally covered by the Employees' Social Security Act 1969, which provides better protection to workers and/or their families compared to the Workmen’s Compensation Act 1952 that generally covered migrant workers. There must be equal protection for all workers, even domestic workers.

For now, The Human Resource Minister, can use the powers conferred by subsection 32(2) of the Occupational Safety and Health Act 1994 [Act 514], and declares that Covid-19 be recognised as an occupational diseases. Other changes and/or amendments to law to ensure equal protection to all workers may require Parliament.

Therefore, we

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