Can interns legally refuse tasks deemed unsafe by law?

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Interns Possess the Legal Right to Refuse Unsafe Work Under Malaysian Law

Since the Occupational Safety and Health (Amendment) Act 2022 took effect on June 1, 2024, workers, including interns, are legally empowered to refuse tasks that pose an imminent danger of death or serious injury. This provision, specifically Section 26A of the Occupational Safety and Health Act, safeguards individuals from retaliation when they raise such concerns in good faith, ensuring their right to withdraw from hazardous situations.
Protection Against Retaliation for Good Faith Concerns

The amended OSH Act explicitly grants workers the right to refuse work under specific dangerous circumstances without fear of reprisal. This protection is contingent upon the worker raising their concerns about the perceived danger in good faith. This legal framework aims to create an environment where employees feel secure in reporting safety issues without jeopardising their employment status.
Application in High-Risk Scenarios

The legal protection for refusing unsafe work is particularly pertinent in industries involving high-risk activities. Examples include tasks such as entering confined spaces, handling hazardous chemicals, operating heavy machinery, or working in close proximity to high-voltage equipment. Crucially, these protections apply when such tasks are undertaken without adequate training, supervision, or necessary safety controls in place.
The Vulnerability of Interns and Educational Purpose

Interns often occupy a precarious position due to their dependence on supervisors for academic evaluations and future career prospects. This can create pressure to accept instructions, even if they involve risks they may not fully recognise. The law aims to counterbalance this vulnerability by providing a clear right to refuse work that presents an "imminent danger of death or serious injury," thereby reinforcing the educational purpose of internships rather than their use as a source of cheap labour with inadequate protection.

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Can interns legally refuse tasks deemed unsafe by law?

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