Occupational Safety and Health (Amendment) Act 2022 & FMA Repeal – Key Points

30 practice flashcards covering the key changes, duties, definitions, and enforcement details introduced by Malaysia’s Occupational Safety and Health (Amendment) Act 2022 and the repeal of the Factories and Machinery Act 1967.

What was one of the main goals of the OSHA (Amendment) 2022 when repealing the Factories and Machinery Act 1967?

To shift Malaysia’s OSH legislation toward a self-regulation concept and close gaps between the two Acts.

Which International Labour Organization convention did the amendment aim to ratify?

ILO Convention C155 (Occupational Safety and Health).

After the 2022 amendment, how many sections and schedules does OSHA 1994 contain?

92 sections and 5 schedules.

According to Section 1(2) of OSHA 1994, to which workplaces does the Act now apply?

All places of work throughout Malaysia, including the public service and statutory authorities.

Name two categories of work specifically excluded from OSHA under the First Schedule.

Domestic employment of a domestic servant and work on board ships governed by the Merchant Shipping Ordinances.

Under Section 18B, who must conduct a risk assessment at a place of work?

Every employer, self-employed person or principal.

List the three basic elements of a risk assessment identified in the amendment.

Identify hazards, evaluate risks, implement control measures.

Which new right is given to employees under Section 26A when facing imminent danger?

The right to remove themselves from the danger if the employer fails to act.

How does the Act define an “imminent danger”?

A serious risk of death or serious bodily injury caused by a plant, substance, condition, activity, process, practice, procedure or place-of-work hazard.

What does Section 16 require every employer to prepare and communicate?

A written safety and health policy and the arrangements for carrying it out.

After amendment, what is the new limitation on appointing a Safety and Health Officer (SHO)?

An SHO may be appointed for only one place of work at any one time, unless the Director General permits otherwise.

When must an employer appoint an Occupational Safety and Health Coordinator (OSHC)?

If the employer has five or more workers and the workplace is not covered by the SHO Order 1997.

What power is created by new Section 31A concerning OSH training?

The Minister can order any class or description of persons to attend specified OSH training conducted by a registered training provider.

What must an employer do before allowing an employee to perform work for which OSH training is mandated?

Ensure the employee has completed the required training course.

Under Part VIIA, how long is the validity period of a competent person’s or registered training provider’s registration?

Three years.

Give one example of an activity in the Fifth Schedule that must be carried out by a competent person.

Fabricating, installing, erecting, dismantling, testing, inspecting, maintaining, repairing or servicing any plant or engineering control equipment.

What is the purpose of appointing a Licensed Person under Section 7A?

To inspect prescribed plant and issue a certificate of fitness (CF).

Which certificate is now required for prescribed plant after installation and inspection?

A Certificate of Fitness (CF).

What is the new maximum general penalty for employers or principals who breach their duties?

RM 500,000 and/or imprisonment for up to two years.

After amendment, what is the maximum membership size of the National Council for Occupational Safety and Health (NCOSH)?

Twenty-five members, including the chair and deputy chair.

How are certificates of fitness issued under the repealed FMA treated according to Section 4(1) of the Repeal Act?

They remain valid until their stated expiry dates and are dealt with under OSHA 1994.

Under Section 5 of the Repeal Act, how are pending CoC or written-authority applications submitted under FMA handled?

They continue to be processed under FMA 1967 until completion.

What does Section 6 of the Repeal Act say about legal proceedings started under FMA before repeal?

They may continue or be enforced under FMA 1967 until completion.

Which OSHA provision now sets duties for principals toward contractors and subcontractors?

Section 18A.

Before leaving a workplace due to imminent danger, what must an employee do first?

Inform the employer or the employer’s representative of the perceived danger.

Which term has replaced “medical surveillance” in the amendment?

Occupational health services.

What is the main focus of the OSH (Plant Requiring Certificate of Fitness) Regulations 2024?

Requirements for steam boilers, pressure vessels and lifting machinery, including design verification, written approval and certificates of fitness.

Which new regulation replaces the old BOWEC 1986 rules for construction sites?

OSH (Construction Work) (Design and Management) Regulations 2024.

What is the highest fine now applicable to a competent person who fails to comply with a notice?

RM 100,000 (plus possible further daily fines and imprisonment up to five years).

Who will determine and announce the actual commencement date of the OSHA Amendment and FMA Repeal Acts?

The Minister, by notification in the Gazette.