The flip side of the coin is that employers may be deemed to have breached the Act when the employees who were forced to get vaccination suffer adverse side-effect, medical condition or death. Therefore, employees who decline vaccination without legitimate reasons may amount to an act of insubordination or wilful disobedience of the employer’s instruction.

Employees are reasonably expected to obey any legitimate orders of their employers. What happens when some employees refuse to be vaccinated when majority of the employees have undergone vaccination? Such refusal from employees may compromise the employer’s legal obligation to ensure a safe workplace. Some employees may even refuse to be vaccinated on account of their religious beliefs which required them to avoid inoculation.

The Occupational Safety and Health Act 1994 (“the Act”) necessitates employers to ensure that they have in place reasonable safety precautions and steps implemented to mitigate the potential risk of Covid-19 transmission.Įmployees may potentially refuse to be vaccinated and such refusal may stem from concerns with regards to the side effects or efficacy of the vaccines. The employees’ freedom of choice and the employers’ obligation to provide a safe workplaceĮnsuring workers’ health and safety is the duty of employers. A man receives the AstraZeneca Covid-19 vaccine at the World Trade Centre Kuala Lumpur May 5, 2021.

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