6.0 Introduction of Main Parts_of_the_OSH_Act_amendment2022

Chapter 6: Laws of Malaysia - Act A1648

Occupational Safety and Health (Amendment) Act 2022

  • Purpose: Amend the Occupational Safety and Health Act 1994.

  • Short Title: Occupational Safety and Health (Amendment) Act 2022.

  • Commencement: Comes into operation on a date appointed by the Minister through a Gazette notification.

Objectives of Amendment

OSHA & Repeal of FMA

  • Factories and Machinery Act 1967 (Act 139):

    • Control of factories concerning safety, health, and welfare.

    • Registration and inspection of machinery.

    • Focus on prescriptive philosophy.

  • Goals:

    • Introduce OSH legislation based on self-regulation.

    • Develop subsidiary legislation in line with the latest technology and standards.

    • Eliminate gaps between acts.

    • Ratify ILO Convention (C 155).

    • Improve enforcement effectiveness.

Occupational Safety and Health Act 1994 (Act 514)

  • Purpose: Control safety and health risks related to work activities.

  • Objectives:

    1. Ensure safety, health, and welfare of employees.

    2. Protect non-employees from safety and health risks.

    3. Promote a suitable occupational environment.

    4. Maintain and improve safety and health standards.

Chronology of OSHA Development

  • Timeline:

    • May 2011: Public dialogue initiated.

    • 2011-2015: Drafting of the bill to gather stakeholder input.

    • 2017-2019: Legal review process.

    • 2020: Circulation of Memorandum for Cabinet approval.

    • March 2022: OSHA Amendment and FMA repeal gazetted.

Act 139 and Act 514 Comparison

Factories and Machinery Act 1967 (FMA)

  • Amendments: 3 times (1973, 1978, 2006).

  • Sections and Regulations: 70 sections, 3 schedules, 13 regulations.

Occupational Safety and Health Act 1994 (OSHA)

  • Version: 28 years old, never amended until now.

  • Sections and Regulations: 67 sections, 3 schedules, 8 regulations.

  • Amendments:

    • Deleted: 2 sections.

    • Amended: 35 sections.

    • Added: 27 sections.

    • Total: 92 sections and 5 schedules.

Main Parts of OSHA (Amendment) 2022

  1. OSH Management & Organisation Related Regulations

    • Safety and health policies.

    • Roles of Safety and Health Officers, Committees.

  2. OSH Chemical Related Regulations

    • Regulations for hazardous chemicals and exposure standards.

Course Outcomes

  • Ability to describe the discipline and scope of Occupational Safety and Health.

  • Ability to define key terms and concepts in Occupational Safety and Health.

  • Ability to state elements in the OSH Act and Regulations.

Concept of Duty of Care

General Responsibilities:

  • Safety and health responsibilities lie with those who create and work with risks.

  • Emphasis on self-regulation, consultation, and cooperation among workers.

Arrangement of Sections

  • Preliminary Sections (1-2): Introduction and application of the Act.

  • General Duties (Part IV): Responsibilities of employers, self-employed persons, and designers, manufacturers, and suppliers concerning safety and health.

Penalties for Offences (Part XII)

  • Existing Penalty Structures:

    • Employers: RM 10,000.

    • Employees: RM 1,000.

  • Amendment Penalties:

    • Employers: Up to RM 100,000 or 1 year imprisonment; 2-year maximum for severe offences.

Notable Regulations and Responsibilities

Notification Provisions (Part VIII):

  • Employers must report accidents and workplace incidents promptly.

Industry Codes of Practice (Part X):

  • Establishments must apply approved codes and can be used as evidence in court proceedings.

Conclusion

  • The amendments to the Occupational Safety and Health Act are aimed at enhancing workplace safety, adapting to modern challenges in occupational health, and ensuring the protection of all workers against hazards in their environment.