Malaysia legislation

Section 59

of *OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Section 59

Civil liability not affected by Parts IV, V and VI

Nothing in Parts IV, V and VI and the relevant industry code of practice shall be construed as—

(a)

conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of those Parts;

Occupational Safety and Health 65

(b)

conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings; or

(c)

affecting the extent, if any, to which a right of action arises or civil proceedings may be taken with respect to breaches of duties imposed by other legislations in regard to safety and health.

Onus of proving limits of what is practicable

Section 59 — OCCUPATIONAL SAFETY AND HEALTH ACT 1994