KUCHING: The Malaysian Employers Federation (MEF) has advised private sector employers to come up with a mandatory requirement for employees to be vaccinated against Covid-19.
MEF president Datuk Dr Syed Hussain Syed Husman said if these employees failed to do so without a valid reason, disciplinary action could be taken which may lead to termination.
“Recently, the government ruled that it is mandatory for public servants to be vaccinated unless the employee is certified as unfit by a registered medical practitioner. Employees who fail to comply with this requirement may be terminated,” he said to New Sarawak Tribune.
He said some local companies had started to adopt this policy implemented by the government vis-à-vis public servants who refuse to be vaccinated without valid medical reason.
“The measures taken against foreign workers include deporting them to their home countries. Local employees that refuse to be vaccinated without a reasonable reason may be terminated.”
Citing the Occupational Safety and Health Act 1994 (OSHA 1994), he said Sections 15 and 17 imposed a duty on employers to ensure the safety, health, and welfare of their employees. Thus, he said, employers were under legal duty to provide a safe and healthy workplace.
“Employees are also under duty to ensure the safety and health of themselves and the co-workers under Section 24 of OSHA. Based on the provisions of OSHA, it would be reasonable for employers to request employees to be vaccinated.
“Employees who refuse to be vaccinated without reasonable reasons may be barred from entering the workplace until such time he is vaccinated or the government declares that Malaysia is free from Covid-19.”
He said employers had a clear priority to want employees including foreign workers to be vaccinated, in order to protect clients and co-workers as well as to avoid the legal liabilities of potential workplace Covid-19 infections.
“As such, employers fully support the government’s National Covid-19 Immunisation Programme (NIP) and it should be promoted as a civic duty and responsibility that all employees need to be vaccinated.
“MEF is glad that the NIP recorded a successful rollout where currently close to 90 percent of adults are fully vaccinated.”
He said employers should encourage existing employees to go for vaccination by providing information, increasing physical access to clinics and doctors, and clarifying rumours and misinformation. He added that by refusing to be vaccinated, employees may put their fellow colleagues at risk.
“There are more than 30,000 public servants who refuse to be vaccinated. The government has come up with strong measures against such category of public servants, as they pose great risk to the wellbeing of the majority in the country.”
As for the private sector, he said there was an estimated two percent of private sector employees that were against vaccination.
Syed Hussain said the government might wish to take action in this regard, including prosecuting employees in the private sector for failure to adhere to Section 24 of OSHA.
“Such action will send a strong message to private sector employees on their statutory duty to keep themselves and their co-workers safe and healthy.”
He also pointed out that foreign workers made up the bulk of the workforce in the country’s manufacturing and construction sectors, which saw the most workplace Covid-19 clusters.
He said about one fifth to one quarter of the cases had been foreigners, who only make up about one tenth of the population.
“Generally, employers are responsible to ensure that all their foreign workers are vaccinated.”
He stressed that vaccination was currently viewed as the only way for the population to achieve a level of immunity and protection against Covid-19 infection.
Syed Hussain said even if those who had been fully vaccinated got infected, it would not be as severe compared to unvaccinated persons.
