The Occupational Safety and Health (Amendment) Act 2022 (“Amendment Act”) Malaysia, has come into force on 1 June 2024

The Occupational Safety and Health (Amendment) Act 2022 (OSHA 2022) [P.U.(B) 128/2024] marks a significant milestone in Malaysia's regulatory framework for workplace safety and health. It brings some important changes to the original Occupational Safety and Health Act 1994 (OSHA 1994) to tackle modern workplace challenges, improve enforcement, and promote a safer working environment. The revised act went into effect on June 1, 2024, to integrate the requirements of Factories and Machineries Act 1967 (has been repealed from 1 June 2024) *1, and concurrently, the following two subsidiary legislations have also been enforced on the aforementioned date:

• Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 [P.U.(A) 99/2024] (“Certificate of Fitness Regulations”); and
• Occupational Safety and Health (Licensed Person) Order 2024 [P.U.(A) 100/2024] (“Licensed Person Order”)

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The OSHA 2022 introduces several significant changes compared with the previous regulations in OSHA 1994 which aimed at enhancing workplace safety and health regulations in Malaysia. Here are the key changes:

1. Scope of Application

OSHA 1994:

The original Act applied broadly to industrial undertakings but had limitations, particularly in excluding sectors such as the armed forces and domestic services.

OSHA 2022:

The amendment expands the scope to cover all economic sectors, including the public sector and non-industrial workplaces such as private schools and colleges, private hospitals and clinics, sports and fitness centers, co-working spaces, etc. This inclusive approach ensures that a larger segment of the workforce benefits from standardized safety and health regulations.

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2. General Duties of Employers

OSHA 1994:

Employers were required to ensure, so far as practicable, the safety, health, and welfare at work of all their employees. The Act emphasized providing safe machinery, equipment, and systems of work.

OSHA 2022:

The new amendment strengthens these duties by explicitly requiring employers to conduct risk assessments and implement necessary control measures. Employers must also ensure that workers receive adequate safety and health training. The emphasis on risk assessment highlights a proactive approach to identifying and mitigating potential hazards before they result in harm.

Basically, these are some of the pertinent new obligations which employers would need to comply with:

Employers who do not require a safety and health officer will need to appoint a safety and health coordinator (“OSH Coordinator”) if they employ five or more employees;

A duty to assess and manage safety and health risks posed to any person who may be affected by his undertaking at the place of work; and

A duty to develop procedures to deal with emergencies which may arise in the course of the employees’ work.

DOSH has issued the Guidelines for Hazard Identification, Risk Assessment and Risk Control (“HIRARC Guidelines”) to provide a systematic and objective approach to assessing hazards and their associated risks. The HIRARC Guidelines can be accessed here .

A list of approved training centers in Malaysia can be found here .

A comprehensive guide for establishing an emergency action plan can be found in the Guidelines on Occupational Safety and Health Management Systems issued by DOSH (pages 38 to 41) which is accessible here .

3. Duties of Employees

OSHA 1994:

Employees were required to take reasonable care of their own safety and that of others, cooperate with their employers, and use any protective equipment provided.

OSHA 2022:

The amendment maintains these duties but places greater responsibility on employees to report unsafe conditions and practices. This shift empowers employees to take an active role in workplace safety, fostering a culture of collective responsibility.

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4. Enforcement and Penalties

OSHA 1994:

Enforcement under the original Act included inspections and investigations by the Department of Occupational Safety and Health (DOSH). Penalties for non-compliance were relatively modest, with fines and imprisonment as possible consequences.

OSHA 2022:

The amendment significantly increases the penalties for non-compliance. Fines for offenses can now reach up to RM 500,000, and imprisonment terms have been extended. These stricter penalties are intended to deter violations and encourage stricter adherence to safety regulations.

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5. Introduction of New Offenses

OSHA 1994:

The original Act had limited provisions for addressing specific modern workplace challenges. Safety practices were based on older standards and less comprehensive risk management approaches.

Under the original Act, where a body corporate contravenes the provisions of OSHA, any person who at the time of commission of the offence was a director, manager, secretary or other like officer of the body corporate are deemed to have contravened the provision as well and may be charged jointly or severally with the body corporate.

OSHA 2022:

The new Act incorporates modern safety practices, emphasizing risk assessment, proactive hazard management, and continuous improvement in safety and health standards, therefore the amendment will also introduce new offenses, such as penalizing employers for failing to conduct risk assessments or not reporting workplace accidents. This inclusion reflects the evolving nature of workplace risks and the need for regulatory measures to address them comprehensively.

The new Act replaced with a new provision which provides that where a company, limited liability partnership, firm, society or other body of persons (collectively “Body of Persons”) commits an offence, any person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer, or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the Body of Persons may be charged severally or jointly together with the Body of Persons.

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6. Health Surveillance and Medical Examinations

OSHA 1994:

Health surveillance and medical examinations were primarily required for specific hazardous industries.

OSHA 2022:

The new Act mandates broader health surveillance measures across various sectors, ensuring that workers exposed to potential health risks receive regular medical examinations. This change underscores the importance of monitoring workers' health proactively to prevent occupational diseases.

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7. Worker's Rights and Protections

OSHA 1994:

Worker protections were relatively general, focusing on basic safety and health standards.

OSHA 2022:

The amendment enhances worker protections by ensuring that employees have the right to remove themselves from dangerous situations without fear of retaliation. Additionally, the Act now mandates that employers provide suitable facilities for female employees, addressing gender-specific safety and health needs.

These changes introduced by the OSHA 2022 reflect a significant shift towards a more comprehensive, inclusive, and proactive approach to occupational safety and health, aligning Malaysia's regulations with contemporary global standards and practices.

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*1 ?The existing Factories and Machinery Act 1967 (FMA 1967) will be repealed when the Factories and Machinery (Revocation) Act 2020 is gazette. With the revocation of FMA 1967, any registration made, or order, notice, direction, written authority, authorization, certificate of qualification, special inspection scheme or certificate of competency granted or issued, under FMA 1967 shall be managed under OSHA 1994. Any notice issued under Subsections 19 (2), 39 (3) or 40 (4) of FMA 1967 shall be dealt with as if FMA 1967 were not repealed.