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ABSTRACT

The Occupational Safety and Health (Construction Work) (Design and Management) Regulations 2024 ('OSHR') represent a significant shift in Malaysia's construction safety landscape, mandating early-stage risk planning and assigning legal duties to clients, designers, and contractors. Modelled after the UK's Construction (Design and Management) Regulations, the OSHR replaces the voluntary Occupational Safety and Health in the Construction Industry (Management) ('OSHCIM') Guidelines and introduces new terminology and statutory roles that have caused initial confusion among stakeholders. Concerns have been raised about the readiness of professionals to fulfil these legal obligations without adequate training, the potential overlap with existing contractual and statutory liabilities, and the absence of a mature enforcement body like the UK's Health and Safety Environment. The Regulations necessitate proactive risk management across all phases of a construction project, placing substantial responsibility on clients and construction professionals. Successful implementation requires clear guidance, industry upskilling, and institutional support to address challenges in compliance and role assumption while minimising regulatory misapplication.

The Honourable Minister for Social and Family Development and Second Minister for Health, Mr Masagos Zulkifli,
Excellencies,
Distinguished guests,
Ladies and gentlemen,

I. Introduction

1. Good morning. Let me first extend a very warm welcome to those of you who have travelled from across the globe to join us today. I would also like to express my heartfelt thanks to the organisers – the Ministry of Social and Family Development and the Singapore University of Social Sciences – for the tremendous work that has gone into planning and organising this very important conference, and for inviting me to deliver this address.

2. Just two weeks ago, we celebrated the 10th anniversary of our Family Justice Courts (or "FJC"), and we were honoured that some of you here today were able to join us at that event, including, in particular, Minister Masagos.^[1] The FJC's establishment marked a significant milestone in our legal and judicial history because it centralised the entire spectrum of family-related judicial work under a single court structure with a distinct culture, ethos and approach towards family justice. This came about from the recognition that family justice is a unique area of the law – both in terms of the stakeholders and their specific needs, as well as the nature of the issues that they bring before the courts.

Globally, there is an unfettered right of access to court proceedings by the public, which is consilient with the principle of open justice as it is regarded as an essential tenet of any justice system to guarantee public confidence, independence, and accountability in the administration of justice. In Malaysia, Section 15 of the Courts of Judicature Act 1964 states that all civil and criminal matters shall be deemed to be open and accessible to the public. Journalists are often keen to report on cases that are newsworthy and those that garners public interest wherein they act as an intermediary between the public and the courts.

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death anniversary. It is appropriate that we remember him, draw inspiration from his life and work and salute his memory.