News and developments
[ESG] OSHA Amendments and Their ESG Impact in Malaysia
“[S]taying informed and compliant with these changes to OSHA is not just a regulatory obligation but a strategic imperative for enhancing your ESG efforts.”
Some of the key changes include:
Author: Hoi Jack S’ng and Tan Hooi Ping
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- Expansion of the scope and applicability of OSHA to “all places of work throughout Malaysia, including the public service and statutory authorities”.
- Expansion of the principal’s duty to ensure the safety and health of any contractor it engages, any subcontractor or indirect subcontractor, and any employee employed by such contractor or subcontractor.
- Introduction of new duties on a principal, employer, and self-employed person, such as conducting risk assessments at the place of work and developing and implementing procedures to address emergencies.
- Appointment of an “occupational safety and health coordinator” by an employer with five or more employees.
- Prescribing situations in which employees may remove themselves from imminent danger at their place of work or the work itself.
- A ten-fold increase in maximum fines which may be imposed upon conviction of certain offences.
- Allowing for directors and specified office bearers to be jointly or severally liable for offences committed by a company.
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- Reviewing and updating your company’s safety policies and procedures in line with the new changes to OSHA.
- Conducting regular training sessions for employees and management to ensure awareness and compliance.
- Implementing robust record-keeping and reporting systems to track safety incidents and corrective actions.
- Developing and promoting mental health and well-being programmes within your organisation.
Author: Hoi Jack S’ng and Tan Hooi Ping