(Sec Update) The Amended Occupational Safety and Health Act

(Sec Update) The Amended Occupational Safety and Health Act

The Minister of Human Resources in exercise of the powers conferred by subsection 1(2) of the Occupational Safety and Health (Amendment) Act 2022 – Act A1648 and subsection 1(2) of the Factories and Machinery (Repeal) Act 2022 – Act 835, appoints 1st June 2024 as the date on which the Act A1648 and Act 835 comes into operation.

The Act A1648 and Act 835 will affect all organizations (exemption is given to domestic workers, the Malaysian army, and workers on board ships) regardless of risk level and nature of business. With effect from 1st June 2024, some provisions under the Factories and Machinery Act 1967 (FMA 1967) [Act 139] will be migrated as new regulations under the Occupational Safety and Health (OSHA 1994) [Act 514].

We set out below the key changes under the Amended OSHA as below

Implementation and Scope:

Effective Date

The new amendments, Acts A1648 and Act 835, will be enforced starting 1st June 2024.

Affected Legislation

Provisions from the Factories and Machinery Act 1967 are integrated into the Occupational Safety and Health Act 1994.

Coverage

The updated legislation applies to all workplaces across Malaysia, including public services and statutory authorities, but excludes domestic workers, the Malaysian army, and maritime workers.

New Regulations and Provisions

Risk Assessments and Emergency Procedures

Employers are required to conduct thorough risk assessments and develop procedures to handle emergencies at the workplace.

Principal's Responsibilities

A new duty for principals to ensure the safety of contractors and subcontractors, emphasizing the safety of workers under their directive control.

Workers' Safety Rights

Workers now have the right to remove themselves from situations of imminent danger without repercussions.

Occupational Health Services

Mandatory health services and the designation of an OSH Coordinator in organizations with five or more employees.

Training and Licensing

Specific training is mandated for certain classes of persons, along with integrity and licensing requirements for machinery.

Penalties

The penalty structure is revised with significant increases, including fines up to RM500,000 and/or imprisonment for severe violations.

Appointment of occupational safety and health coordinator

The new provision mandates that employers who operate workplaces not specifically classified under existing regulations, and who have five or more employees, must appoint an Occupational Safety and Health Coordinator (OSH Coordinator).

The primary responsibility of the OSH Coordinator is to manage and coordinate safety and health issues at the workplace. This role is distinct from that of a Safety and Health Officer (SHO), who is tasked with ensuring compliance with the Occupational Safety and Health Act (OSHA) and its regulations across different workplaces.

Specific Regulatory Updates

Plant Certification and Licensing

New regulations under the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 and the Occupational Safety and Health (Licensed Person) Order 2024 detail requirements for plant operations and certifications.

Director and Officer Liability

Directors and specified office bearers are made jointly and severally liable for safety breaches, with provisions for defense in cases of unknowing violations.

Enhanced Notification and Inspection

Notification Requirements

Expanded obligations for reporting the usage of workplace premises and activities, focusing on proactive enforcement.

Certification of Fitness

Stringent standards for the certification and inspection of plants, ensuring their operational safety and compliance.

Overall Impact

These amendments aim to enhance workplace safety across all sectors in Malaysia, increasing accountability, broadening the scope of coverage, and reinforcing the regulatory framework for occupational safety and health. The increased penalties and comprehensive coverage intend to foster a safer working environment nationwide.

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