Section 47

a spouse of an employee;

a father or a mother—

including a stepfather or a stepmother of an employee;

a grandfather or a grandmother of an employee;

a child whether illegitimate child or a child adopted in accordance with any written law relating to adoption including stepchild of an employee;

a brother or a sister including a half-brother, a half-sister, a stepbrother or a stepsister of an employee;

“District Engineer” means any engineer in the service of the Federal or State Government who is for the time being carrying out the duties of the Public Works Department for that district and, for the purposes of subsection (1) of section 121ar, includes any officer authorized in writing in that behalf by the District Engineer;

“estate” means any agricultural land exceeding twenty hectares in extent upon which agricultural operations of any kind are carried on or upon which the produce of any plants or trees is collected or treated, or any mine or any other place of employment so declared by the Minister under section 121b;

“Medical Officer of Health” means any medical practitioner in the service of the

Government or any local authority who is for the time being carrying out the duties of a Medical Officer of Health in any area, district, or local authority area, and includes the

Director General, the Deputy Director General of Health, the Director of Health Services, any Deputy Director of Health Services, any

State Director of Medical and Health Services and any State Deputy Director of Medical and Health Services and, for the purposes of subsection (1) of section 121ar, includes any officer authorized in writing in that behalf by the Medical Officer of Health;

“resident manager” means any employer or agent of an employer who resides on, or is in immediate charge of, the estate in which the employees are employed;

“resident registered medical practitioner”

means any registered medical practitioner employed by the employer and who resides on the estate in which the employees are employed.

Labour Ordinance of Sabah (Amendment)

37

Power of

Minister to declare place of employment as an estate.

Any building, which immediately before the commencement of this Part was used for the housing of employees, as a nursery or as a community hall, by an employer and was erected or converted in accordance with the requirements of any written law in force at the time of its erection or conversion may continue to be used by such employer:

Provided that such building be converted to comply with the provisions of this Part or any regulations made thereunder.

Notwithstanding the provision in subsection (2), the Director may, upon application by an employer, permit subject to any condition as he may impose, such building to continue to be used without conversion for such period as he deems fit.

Pursuant to any investigation carried out on any place of employment, where the Director is satisfied that any building, which immediately before or after the commencement of this Part, was used for the housing of employees or their dependants, or as a nursery or as a community hall, does not comply with the provisions of this Part or any regulations made under this Part, the Director may issue to the employer concerned a notice, of not less than three months, of his intention to order demolition and replacement, alteration, repair or making good any deficiency or defect thereof.

Where, upon the expiry of the notice under subsection (4), the employer fails to take such action as required to the satisfaction of the Director, the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair such building or to make good any deficiency or defect thereof within six months from the date of the order and subject to such conditions as the Director may specify in the order.

The order under subsection (5) may include a directive that no employee or his dependants shall be permitted to occupy any such building pending such demolition and replacement, alteration or repair, or the making

Labour Ordinance of Sabah (Amendment)

39

good of any defect or deficiency thereof, or until the requirements of the order have been complied with:

Provided that where an appeal has been made under section 121as in respect of the order issued under this subsection, then such order shall be suspended pending the determination of the appeal.

Supply of water and electricity and maintenance of houses.

to provide free and adequate piped water drawn from a public main, or where the Director so permits in writing, to provide free and adequate supply of potable piped water drawn from any other source which shall be filtered and treated in a manner approved by the Director;

to provide adequate electricity supply;

to ensure that the buildings are kept in a good state of repair and painted to present a satisfactory appearance;

and

to ensure that no unauthorized extensions or structural alterations are made to the buildings.

For the purposes of this section, the adequacy of water and electricity supply shall be as determined by the Director:

Provided that the Director may, if he is satisfied in any case that it is impracticable to provide piped water supply for each house, approve any other means of water supply:

Provided further that the Director may, in any case where he is satisfied that the provision of electricity supply is not practicable or viable, exempt the employer in writing from the requirement of such provision.

Where water supply is drawn from a source other than a public main, the Director may, for the purpose of ensuring that the water supply is suitable for consumption, cause the

Medical Officer of Health to take samples of water supply for analysis and report, the costs of which shall be borne by the employer.

Where water supply is obtained from a public main and is piped to each house, the Director may, on application made to him, partly or wholly exempt the employer in writing from the requirement to provide free water supply to the employees subject to such conditions as the Director may impose.

Where any extension or structural alteration has been made to the buildings without the permission of the Director, the Director may, after giving one month’s notice, require the employer to have the extension or structural alteration demolished.

Erection of building intended to be used for the housing of employees, as a nursery or as a community hall.

The approving authority referred to in subsection (1) shall be—

For the purpose of securing that the minimum standards required under this Part or any regulations made under this Part are complied with, the approving authority may approve such plans including their alterations, subject to such conditions as he may deem fit to impose thereon.

Building endangering health or safety.

by a Medical Officer of Health, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its design, site, size, sanitation, the quantity and quality of the water supply provided for the occupants of such buildings or other conditions, appears to the Director to be likely to endanger health; and

by the District Engineer, any building, estate hospital, group estate hospital or clinic on a place of employment which, by reason of its construction, state of repair or condition, appears to the Director to be likely to endanger the safety of any person.

The Medical Officer of Health or the District Engineer or both, as the case may be, shall, after inspecting any building, estate hospital, group estate hospital or clinic under this section, submit to the Director a report of his or their findings, together with any recommendation made thereon relating to the necessary measures required to be taken in respect of such building, estate hospital, group estate hospital or clinic.

Subject to subsection (4), on receipt of such report referred to in subsection (2), the Director may issue to the employer concerned, an order in writing requiring the employer to demolish and replace, alter or repair the building, estate hospital, group estate hospital or clinic or to make good any deficiency or defect within such time and subject to such conditions as the Director may specify in the order and such order may direct that no employee or his dependants shall be permitted to occupy any building, estate hospital, group estate hospital or clinic pending such demolition and replacement, alteration or repair or until the order has been complied with:

Provided that where an appeal has been made under section 121as in respect of the order, then such order shall be suspended pending the decision of the appeal.

No order under subsection (3) shall be issued unless a copy of the report under subsection (2) received by the Director has been furnished to the employer by the Director, and in making such order, the Director shall give due consideration to any representation that may be made by the employer in respect of the report.

Labour Ordinance of Sabah (Amendment)

43

Building not originally built for the housing of employees.

An employer may make an application to the Director in the manner specified under subsection (3) for the approval for the purpose specified under subsection (1).

The application required to be made under subsection (2) shall be accompanied by a plan of the site of the building and a plan setting out the details of the building or of the conversion proposed to be made thereto and subsections (2) and (3) of section 121f shall apply to such plan as they apply to a plan of a building or of the site of a building mentioned in that section.

Nursery.

The employer shall maintain the nursery and shall accommodate therein the dependants of the employees during the period in which such employees are away working for the employer:

Provided that he shall not accommodate therein such dependants in excess of the number specified in the order mentioned in subsection (1).

On each day a dependant is accommodated at the nursery, the employer, at his own expense, shall provide for such dependant with play equipment and a supply of milk—

Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.

Allotment of land.

An employee residing on the place of employment who has been employed for a period of not less than six months by the employer aforesaid shall be entitled to have allotted to him an area of 250 square metres of the land so set aside.

If an area of land allotted for cultivation

(whether wholly or partly) shall remain unplanted for a period of six months from the date of the allotment, or if an employee uses the area of land allotted to him for a purpose different from that for which it was allotted, or if he does not use it at all for the purpose for which it was allotted, the employer may terminate such allotment and thereafter may allot such area of land to another employee.

In relation to the setting aside of land under this section—

The Director may, for sufficient reason, exempt to such extent as may be stated in such exemption, any employer from compliance with this section on such terms and conditions and for such period as he may deem fit.

Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.

For the purposes of this section, “place of employment” means an estate or such other place as may be prescribed by the Minister by notification in the Gazette to be a place of employment.

Community hall, sports and other recreational facilities.

to construct at the place of employment, within such reasonable time as may be specified, a community hall capable of accommodating such number of persons as may be specified; and

to provide facilities for sports and other recreational activities as may be specified.

The employer shall maintain the community hall, sports and other recreational facilities in a satisfactory condition as the Director thinks fit.

Any employer who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.

No rent or charge to be levied for benefits under this Chapter.

Where there is already a hospital maintained by the employer, the Director may, by order in writing, require the employer to enlarge or add to such hospital so as to provide accommodation for a further number of patients as may be stated in the order.

For the purposes of subsection (1) or (2), the Director may further require the employer to employ a registered medical practitioner to reside at and have charge of such hospital or any hospital maintained by such employer, and to provide such medical practitioner with fit and proper house accommodation to the satisfaction of the Medical Officer of Health.

In the case where two or more estates are so situated that the required accommodation for patients from such estates can be conveniently provided in one hospital, the Director may, instead of ordering each employer to construct and maintain a separate hospital, order all the employers concerned to construct within a reasonable time to be stated in such order and thereafter to maintain at their own expense one hospital, hereinafter called a

“group estate hospital”, for all such estates with accommodation for such number of patients as may be stated in the order.

In the case of there is already a group estate hospital erected and maintained jointly by two or more employers (whether constructed under the provisions of this section or not), the Director may order all or any such employers to enlarge or add to such hospital so as to provide accommodation for such further number of patients from their estates as may be stated in the order.

For the purposes of subsections (4) and (5), the Director may further require the employers to employ a registered medical practitioner to have charge of such group hospital and to provide such medical practitioner with fit and proper house accommodation to the satisfaction of the Medical Officer of Health.

Where there already exists an estate hospital or group estate hospital, the Director may order the employers concerned to join such estate hospital or group estate hospital, as the case may be, and be jointly responsible for the maintenance of such hospital.

Every employer referred to in this section and the resident manager of every estate concerned shall be responsible for the registration and the due maintenance of the estate hospital or group estate hospital, as the case may be, registered in accordance with the provisions of the Private Healthcare

Facilities and Services Act 1998 [Act 586]

and any regulations made thereunder.

Labour Ordinance of Sabah (Amendment)

No employer who has constructed and maintained an estate hospital or a group estate hospital, whether in pursuance of an order of the Director under this section or otherwise, shall reduce the number of beds or discontinue the maintenance and operation of such estate hospital or group estate hospital without prior written permission of the Director.

Duty to provide medical care, etc., and recovery of medical expenses.

The employer may recover from such employee the expenses of such care, treatment and maintenance at such rate as the Minister may prescribe by notification in the Gazette in respect of any period in excess of thirty days during which such employee shall have remained in the hospital.

For the purposes of this section, employee includes his dependants who reside on such estate or on any other land owned or leased by or is within the control of the employer.

Sick employees being admitted to a

Government hospital.

The expenses incurred under subsection (1)

shall, whatever be the amount, be recoverable from the employer in a civil court at the suit of the Medical Officer in charge of the

Government hospital, and the certificate of the

Medical Officer shall be sufficient prima facie evidence that the amount therein specified is due from the employer:

Provided that not more than thirty days’

expenses in the Government hospital in respect of any employee or dependant shall be recoverable.

No expenses paid by an employer under subsection (1) shall be recoverable from the employee.

Transportation of sick employees to hospital.

to have every employee employed on an estate and any dependant of such employees who requires medical treatment to be transported safely without delay to and from the estate hospital or group estate hospital or, if there is no such hospital, to and from the nearest Government hospital; and

to make arrangements and to provide appliances for the safe transport of a sick employee or any sick dependant of an employee to and from hospital as the Medical Officer of Health or any Medical Officer may, from time to time, require.

Labour Ordinance of Sabah (Amendment)

The Medical Officer of Health or any

Medical Officer may require the employer or resident manager to remove any employee on the estate who requires medical treatment to an estate hospital or a group estate hospital or a Government hospital, as the case may be.

Any employer or resident manager who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.

Medical treatment in estate on which a hospital is not maintained.

The Director shall specify in such order the services, medicine, equipment and staff to be provided and the hours during which the treatment facilities shall be made available to the employees and their dependants.

Where a clinic exists on any estate or is established pursuant to an order under subsection (1), it shall be the duty of the employer to arrange for a registered medical practitioner to visit the clinic at least once a fortnight to supervise the operations and management of the clinic and to provide medical treatment to employees and their dependants.

No employer who has established and maintained a clinic, whether pursuant to an order of the Director made under this section or otherwise, shall reduce the services, facilities or staff or discontinue the maintenance and operation of such clinic without prior written permission of the Director.

Duty to report suspected cases of infectious disease.

to isolate at once any employee or other person on an estate whom he may suspect to be suffering from any infectious disease as defined in the

Prevention and Control of Infectious

Diseases Act 1988 [Act 342];

to detain under observation any other person whom he may deem likely to have contracted such disease; and

to notify the nearest Medical

Officer of the action taken under paragraphs (a) and (b) with the least possible delay.

Pending the arrival of the Medical Officer of Health on the estate, the resident registered medical practitioner or the resident manager shall take appropriate preventive measures and thereafter consult the Medical Officer of Health on any further action to be taken.

Any person who neglects to perform the duty imposed upon him or contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and shall also, in the case of a continuing offence, be liable to a daily fine not exceeding one thousand ringgit for each day the offence continues after conviction.

Labour Ordinance of Sabah (Amendment)

53

Duty of employer to segregate employee suffering from infectious disease.

to provide a place where an employee may be segregated in the interest of public health or of any other employee employed on the estate; and

to make at his own expense such arrangements as deemed necessary to the Medical Officer of Health or such Medical Officer—

for the maintenance of all the employees while so segregated; and

It shall be lawful for the Medical Officer of Health or Medical Officer to cause such employee to be removed to such place as he may direct and continued to be detained in such place until discharged by order in writing of the Medical Officer of Health or a Medical Officer if at any time it appears to the Medical Officer of Health or a Medical Officer—

the area surrounding the employees’

housing is kept clear of undergrowth and maintained in a clean and sanitary condition;

the perimeter drains around each dwelling or block of dwellings including all outlet drains are kept in a good state of repair and clear of refuse or undergrowth to permit free flow of water;

all refuse in the housing site is collected daily and disposed of satisfactorily;

and

all communal latrines and bathrooms are kept in a clean, sanitary and working condition.

It shall be the duty of the employer to ensure that all buildings used for the housing of employees, nurseries or community halls are visited and inspected weekly by a medical assistant registered under the Medical Assistants

(Registration) Act 1977 [Act 180] or any other officers registered under any other written laws who are carrying out the same or similar

Labour Ordinance of Sabah (Amendment)

55

functions of a medical assistant or any other responsible person authorized by the employer who shall report to the resident manager if the buildings are not kept clean or if any refuse is allowed to accumulate in the neighbourhood of the buildings, and who shall also examine and if necessary take, or cause to be taken, to hospital any employee found in the buildings who appears to be suffering from any health complaint and report to the resident manager accordingly.

The findings of the medical assistant or any other authorized person shall be recorded in a book kept at the place of employment and be made available to the Director or Medical

Officer of Health for inspection.

In any case where the Medical Officer of

Health shall consider that the visits, inspections or other duties, referred to in subsection (2)

are not satisfactorily carried out, he may notify the resident manager accordingly, specifying the matters in respect whereof he is not satisfied, and the resident manager shall thereupon make further or other arrangements as the Medical Officer of Health may require.

Onus of proof.