News and developments
OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022
The Amendment Act is formulated to integrate the Occupational Safety and Health Act 1994 (“OSHA”) and Factories and Machinery Act 1967 (“FMA”) (repealed)[1] to provide a comprehensive safety and health legislation that applies across all industries. The amendments, among others, are to widen the application of OSHA, strengthen protection of employees, increase penalties and provide additional duties to employers.
This article will highlight the key amendments brought by the Amendment Act and discuss the possible benefits and challenges of the amendment.
THE AMENDMENTS
Authors: Nan Muhammad Ridhwan Rosnan (Partner), Muhammad Hibri Nazim (Associate), Aiesyah Mustafa(Associate) and Saif Aslam Lokman (Pupil-in-Chambers)
Footnotes [1] Factories and Machinery (Repeal) Act 2022 (Act 835) (Malaysia) s 3. [2] Occupational Safety and Health (Amendment) Act 2022 (Act A1648) (Malaysia) s 1(2). [3] Ibid., First Schedule. [4] Occupational Safety and Health Act 1994 (Act 514) (Malaysia) s 1(2). [5] Malaysia, Fourteen Parliament, Fourth Session, Hansard 27 October 2021, Bil. 20, pg 67. [6] Occupational Safety and Health (Amendment) Act 2022 (Act A1648) (Malaysia) s 26A. [7] Ibid., s 26A(2). [8] Ibid., s 26A(1). [9] Ibid., s 26A(3). [10] Ibid., s 19. [11] Ibid., s 15. [12] Ibid., s 16. [13] Ibid., s 17. [14] Ibid., s 18B. [15] Ibid., s 49(2). [16] Ibid., s 23. [17] Ibid., s 52. [18] Ibid., s 52(b). [19] Ibid., s 27A. [20] Ibid., s 7A. [21] Ibid., s 27B. [22] Ibid., s 27C. [23] Ibid., s 31B(1)(a).
- Widen scope and application to all workplace
- New protection for employees
- Additional duties for employers/principal on employees
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- Section 15(2)(f) provides the duty to develop and implement procedures for dealing with emergencies at work;
- Section 18A provides the duty to ensure the safety of contractors and sub-contractors;
- Section 18 B provides duty on employer, self-employed person and principal to conduct and implement risk assessment;
- Section 29 provides the duty to appoint Occupational Safety Officer and Health Coordinator; and
- Section 31A provides the duty to ensure specific employees’ attendance of occupational safety and health training course.
- Increase of penalties for breach
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- ensure, so far as is practicable, the safety, health and welfare to work of all his employees[11];
- formulate a safety and health policy[12];
- ensure the safety and health to persons other than his employees[13];
- conduct a risk assessment in relation to the safety and health risk posed to any person who may be affected by his job at the place of work[14]; and
- comply with any improvement or prohibition notice issued[15].
- Extension of liability to directors and officers of company
- Revised provisions of Notification of occupation, Installation and Inspection of plants
- New Fourth and Fifth Schedule
Authors: Nan Muhammad Ridhwan Rosnan (Partner), Muhammad Hibri Nazim (Associate), Aiesyah Mustafa(Associate) and Saif Aslam Lokman (Pupil-in-Chambers)
Footnotes [1] Factories and Machinery (Repeal) Act 2022 (Act 835) (Malaysia) s 3. [2] Occupational Safety and Health (Amendment) Act 2022 (Act A1648) (Malaysia) s 1(2). [3] Ibid., First Schedule. [4] Occupational Safety and Health Act 1994 (Act 514) (Malaysia) s 1(2). [5] Malaysia, Fourteen Parliament, Fourth Session, Hansard 27 October 2021, Bil. 20, pg 67. [6] Occupational Safety and Health (Amendment) Act 2022 (Act A1648) (Malaysia) s 26A. [7] Ibid., s 26A(2). [8] Ibid., s 26A(1). [9] Ibid., s 26A(3). [10] Ibid., s 19. [11] Ibid., s 15. [12] Ibid., s 16. [13] Ibid., s 17. [14] Ibid., s 18B. [15] Ibid., s 49(2). [16] Ibid., s 23. [17] Ibid., s 52. [18] Ibid., s 52(b). [19] Ibid., s 27A. [20] Ibid., s 7A. [21] Ibid., s 27B. [22] Ibid., s 27C. [23] Ibid., s 31B(1)(a).