A comparative overview of the primary Southeast Asian safety and health laws

Abstract

PurposeThis review compares the primary occupational safety and health (OSH) laws of the ASEAN members against the major provisions of the primary OSH laws of the United Kingdom (UK) and United States (US) grouped under the themes for OSH law adopted by the International Labour Organization (ILO).Design/methodology/approachThis review employs the 11 themes for OSH law adopted by the ILO as the basis of comparison. As the themes lack specificity in terms of their respective contents, specific facets of the themes are drawn from the review of the primary OSH laws of the UK and the US.FindingsThe review shows that primary OSH laws of the ASEAN members encompass the fundamental aspects of the ILO OSH themes particularly the regulatory framework, scope, roles of authorities, duties of employers and employees as well as safety inspection and enforcement. The review demonstrates a lack of provision of worksite consultation by the authorities, the emphasis on research, experiment and demonstration by the government as well as certain aspects of training.Practical implicationsOSH in many developing members of the ASEAN is still evolving to advocate the basic rights of employees, protect the safety of the public and ensure the welfare, safety and health of employees are upheld at workplaces. There is an obvious disparity in the coverage of the primary OSH laws of the nations, resulting in widely varied OSH implementation. This study contributes to advancement of the primary OSH laws in developing ASEAN members by highlighting areas of their primary OSH laws that can be improved. Improvement of the primary OSH laws is crucial to subsequent improvement and development of subsidiary laws to provide for adequate protection at workplaces.Originality/valueMost studies of OSH laws in the ASEAN are country-specific and often theme-specific. There is currently no study which compares the primary OSH laws of ASEAN nations using themes derived from the ILO as well as primary OSH laws of the UK and the US. This review is one of its kinds to use such an approach in providing a comparative overview of the primary OSH laws of all ASEAN nations.