What are the legal rights of Malaysian interns in dangerous work situations?

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Interns in Malaysia Have Legal Rights to Refuse Dangerous Work

Malaysian interns possess legal rights to refuse work assignments they reasonably believe pose an imminent danger of death or serious injury. This protection is enshrined in Section 26A of the Occupational Safety and Health Act, allowing workers, including interns, to withdraw from hazardous situations without fear of reprisal, provided their concerns are raised in good faith. The Occupational Safety and Health (Amendment) Act 2022, effective from June 1, 2024, has further reinforced these rights.
Legal Framework for Refusing Dangerous Work

The legal right for interns to refuse dangerous work is established under Malaysian occupational safety legislation. Section 26A of the Occupational Safety and Health Act explicitly grants workers, encompassing those in internship roles, the right to remove themselves from any place of work they reasonably believe presents an imminent danger of death or serious injury. This right is contingent on the worker raising their concerns in good faith to their employer.
Scope of Protection Against High-Risk Activities

These legal protections are particularly pertinent for interns undertaking high-risk activities where adequate training, supervision, and safety controls may be lacking. Examples of such activities include working in confined spaces, handling hazardous chemicals, operating heavy machinery, or tasks involving high-voltage electrical equipment. The recent tragic incident involving an intern drowning in a water reservoir has brought renewed attention to potential lapses in confined-space safety procedures during industrial training.
Strengthening of Intern Protections by Recent Amendments

The legal landscape governing intern safety has been enhanced by the Occupational Safety and Health (Amendment) Act 2022. This amendment, which came into effect on June 1, 2024, specifically strengthens the provisions that empower workers, including interns, to cease work in situations of imminent danger without facing retaliatory action. This legislative update underscores a commitment to ensuring that students undergoing industrial training are not exposed to undue risks.

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What are the legal rights of Malaysian interns in dangerous work situations?

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