International Newsletter

Update on Myanmar’s Occupational Health

and Safety Law, 2019
Date: October 28, 2019

Myanmar
The Occupational Health and Safety Law, 2019 (OHSL) was enacted on March
15, 2019. It aims to implement measures for occupational health and safety
across every industry, and it sets out the responsibilities of employers and
employees. Though the law has been enacted, its enforcement will not begin
until the president issues a relevant notification.

The OHSL broadly covers all industries across government departments,

organizations, cooperatives, and private businesses owned by foreign nationals
or citizens. Highlights of the OHSL include the following:

Registration

The OHSL requires any business covered by the OHSL  to register with the
Factory and General Labor Law Inspection Department for occupational
health and safety–related matters. Businesses must notify the department
when winding up, ceasing operations, or undergoing any other changes.

Responsibilities of Employers

The OHSL requires employers to appoint occupational health and safety

officers  and form occupational health and safety committees (OHSCs) subject
to a minimum number of workers’ representatives set by the Ministry of
Labor, Immigration and Population. General obligations on employers include
conducting risk assessments on the use of equipment and machinery,
arranging medical checkups by a certified doctor for workers, enforcing the
wearing of appropriate safety uniforms/overalls, and appointing registered
doctors and nurses for workplaces with minimum thresholds of employees
prescribed by the Ministry. Employers that do not comply with these
responsibilities will be subject to a term of imprisonment not exceeding three
months, a fine from MMK 1 million to 5 million, or both.

The OHSL requires employers to notify the department upon the occurrence of
occupational injuries, hazardous occurrences, or employees contracting any
prescribed occupational disease due to materials used in the workplace or a
work process. A term of imprisonment for up to one month, a fine of up to
MMK 2 million, or both will apply to employers for noncompliance in this
regard.
Responsibilities of Employees

General responsibilities of employees under the OHSL include following

instructions set by employers or the OHSC or officers, such as regarding the
use of machinery and equipment and the wearing of safety uniforms. Current
or former employees who contract an occupational disease and were/are being
treated by the registered doctor must also notify the employer and Department
to this effect.

Enforcement by the OHSC will also be beneficial for employees not covered by
the Social Security Law, 2012 (SSL). In the event an employee contracts an
occupational disease, his or her employer must cover the medical expenses
even if its business is exempt from registration under the SSL. Therefore,
enforcement of the OHSL should confer benefits on employees, as the OHSL
gives inspectors the authority to inspect workplaces at any time without a
warrant to ensure that businesses adhere to its provisions.

Written by Mya Thita Oo and William D. Greenlee, Jr., of DFDL and Roger James of
Ogletree Deakins

© 2019 DFDL and Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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