The document outlines key aspects of occupational safety and health regulation in Malaysia, including: 1) The Occupational Safety and Health Act 1994 establishes duties for employers, employees, manufacturers and others to ensure a safe working environment and provides enforcement mechanisms. 2) Various regulations have been established under the Act to provide specific safety and health standards. 3) Several government agencies play roles in enforcing regulations and promoting occupational safety, including the Department of Occupational Safety and Health, National Institute of Occupational Safety and Health, and Social Security Organization.

1. OCCUPATIONAL SAFETY ANDOCCUPATIONAL SAFETY AND
HEALTH ACT 1994 (ACT 514)HEALTH ACT 1994 (ACT 514)

2. ACT 517 StructureACT 517 Structure
ACT
◦15 Parts.
◦67 Sections.
◦3 Schedules.

3. Regulations Under OccupationalRegulations Under Occupational
Safety & Health Act (1/2)Safety & Health Act (1/2)
OSH (Employers’Safety and Health
General Policy Statements)(Exception)
Regulations 1995
OSH (Control of Industrial Major
Accident Hazards) Regulations 1996
OSH (Classification, Packaging and
Labeling of Hazardous Chemicals)
Regulations 1997
OSH (Safety and Health Officer)
Regulations 1997

4. Regulations Under OccupationalRegulations Under Occupational
Safety & Health Act (2/2)Safety & Health Act (2/2)
OSH (Safety and Health Officer) Order
1997
OSH (Prohibition of Used of Substance)
Order 1999
OSH (Use and Standards of Exposure of
Chemicals Hazardous to Health)
Regulations 2000
OSH (Indoor Air Quality) Code of
Practice 2005

5. OSH 1994 (ACT 514 )OSH 1994 (ACT 514 )
Main PartitionMain Partition
Part 1 – Preliminary
Part II – Appointment of Officers
Part III – National Council for OSH
Part IV – General Duties of Employers
and Self-Employed Persons
Part V – General Duties of Designers,
Manufacturers and Suppliers
Part VI – General Duties of Employees
Part VII – Safety and Health
Organizations

6. OSH 1994 (ACT 514 )OSH 1994 (ACT 514 )
Main PartitionMain Partition
Part VIII – Notification of Accidents, Dangerous
Occurrence Occupational Poisoning and
Occupational Disease and Inquiry.
Part IX – Prohibition Against Use of Plant or
Substance
Part X – Industry Codes of Practice
Part XI – Enforcement and Investigation
Part XII – Liability for Offences
Part XIII – Appeals
Part XIV – Regulations
Part XV - Miscellaneous

7. ObjectiveObjective
for securing the safety, health and welfare
of persons at work
protect persons at a place of work other
than employees
promote a suitable environment for
persons at work
enable previous legislation to be replaced
by regulations and approved industry
codes of practice operating in
combination with the OSH Act 1994

8. Scope of ActScope of Act
S.1(2) : This Act shall apply throughout
Malaysia to the industries specified in the
First Schedule.
S.1(3): This Act shall NOT apply for
◦ Work on board of Ship
 Merchant Shipping Ordinance 1952
 Merchant Shipping Ordinance 1960 of Sabah or
Sarawak
◦ Armed Forces

9. First ScheduleFirst Schedule
Manufacturing
Mining and Quarrying
Construction
Agriculture, Forestry and Fishing
Utilities (Electricity, Gas, Water, Sanitary Services)
Transport, Storage and Communication
Wholesale and Retail Trades
Hotels and Restaurants
Finance, Insurance, Real Estate and Business
Services
Public services and Statutory Authorities

10. InterpretationInterpretation
S.3S.3
‘Practicable’ means practicable having
regard to
◦ the severity of the hazard or risk
◦ knowledge about the hazard or risk and any
way of removing or mitigating the hazard or
risk
◦ the availability and suitability of ways to
remove or mitigate the hazard or risk
◦ the cost of removing or mitigating the hazard
or risk

11. Prevailing LawsPrevailing Laws
S.2(1): Provisions of this Act are
additional to other laws relating to safety
and health
S.2(2): If there is any conflict or
inconsistency between this Act and its
regulations and any other written law
related to OSH, the provisions of this Act
and its regulations shall prevail

12. InterpretationInterpretation
S.3S.3
 ‘Premises’ include:
◦ any land, building or part of any building
◦ any vehicle, vessel or aircraft
◦ any installation on land, offshore installation or other
installation whether on the bed of or floating on any
water
◦ any tent or movable structure
 ‘Place of Work’ - premises where persons work or
premises used for the storage of plant or substance
 ‘Occupier’ - person who has the management or control
of the place of work
 ‘Self-Employed Person’ - individual who works for gain
or reward otherwise than under a contract of employment

13. InterpretationInterpretation
S.3S.3
‘Substance’ - any natural or artificial
substance, whether in solid or liquid form or
in the form of a gas or vapor or any
combination of them
‘Plant’ - any machinery, equipment,
appliance, implement or tool, any component
and anything fitted, connected or belong to it.

14. PHILOSOPHY ANDPHILOSOPHY AND
GUIDING PRINCIPLESGUIDING PRINCIPLES
“ Responsibilities to ensure safety and
health at the workplace lies with those
who create the risk and with those who
work with the risk ”
Self-regulation
 Consultation
 Workers cooperation and participation

15. GENERAL DUTIES OF EMPLOYERSGENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONSAND SELF-EMPLOYED PERSONS
 So far as is practicable -
• provide and maintain plant and system of work
• make arrangements for the safe use, operation,
handling, storage and transportation of
substances and plant
• provide information, instruction, training and
supervision
• provide and maintain place of work and means
of access to and egress from any place of work
• provide and maintain working environment that
is safe and without health risk and adequate
welfare facilities

16. OTHER DUTIES OF EMPLOYERS,OTHER DUTIES OF EMPLOYERS,
SELF-EMPLOYED AND OCCUPIERSSELF-EMPLOYED AND OCCUPIERS
• Formulate written statement of his
policy on OSH.
• Conduct undertaking in such manner
not to affect other persons not his
employees
• Provide information to other persons
on ways his undertaking may affect
them

17. GENERAL DUTIES OF DESIGNERS,GENERAL DUTIES OF DESIGNERS,
MANUFACTURERS AND SUPPLIERSMANUFACTURERS AND SUPPLIERS
(plant and substance)(plant and substance)
 So far as is practicable -
 to ensure plant/substance is designed
and constructed to be safe and without
risk to health when properly used
 arrange for carrying out testing and
examination
 adequate information
 for designers and manufacturers –
arrange for research to eliminate or
minimize hazards
 safe erection and installation

18. GENERAL DUTIES OFGENERAL DUTIES OF
EMPLOYEESEMPLOYEES
• Reasonable care for safety and health
of himself and others
• Co-operate with employer and others
• Wear and use Personal Protective
Equipment
• Comply with instruction on OSH

19. INTERFERE, CHARGE ANDINTERFERE, CHARGE AND
DISCRIMINATEDISCRIMINATE
• Employee not to interfere or misuse with
anything provided for the interest of safety and
health
• Employer/trade union not to levy on employees
due to any actions done in pursuance of this Act
or its regulations
• Employer/trade union not to discriminate
(dismiss, injure or alter position) employee if
 he makes a compliant on a matter he considers not
safe,
 becomes a member of a safety and health committee
 exercises his functions as a member in the committee

20. OSH Providers
National Level
◦ Government Agencies
 Department of Public Health (DPH)
 Department of Occupational Safety & Health (DOSH)
 National Institute of Occupational Safety and Health (NIOSH)
 Social Security Organization (SOCSO)
◦ Universities
State Level
◦ State Health Departments
◦ State Departments of Occupational Safety and Health
(DOSH)

21. OSH Providers
District Level
◦ District Health Office
◦ Hospital
◦ Occupational Health Clinics in Primary Health Care
Facilities
◦ Private Occupational Health Doctors
(Specialist/OHD)
Enterprise Level
◦ Employers
◦ Occupational Health Doctor (Company
Doctors/Company Appointed Doctors)

22. Non-Governmental Organization
◦ Union
 Malaysia Trade Union Congress
◦ Professional Organization
 Society of Occupational & Environmental Health
 Malaysian Occupational Health Nurses Association
 Malaysian Industrial Hygienist Association
OSH Providers

23. Ministry of Health
Have no legislative power under the
OSHA 1994
Main functions
◦ As an employer – should provide a safe and
healthy work environment for all its workers
◦ As the custodian of the nations health to
provide the curative and preventive service
for the Malaysian population.

24. Ministry of Human Resource
National Council of Occupational Safety
& Health (NCOSH)
Departments of Occupational Safety &
Health (DOSH)
National Institute of Occupational Safety
& Health (NIOSH)
Social Security Organization (SOCSO)

25. National Council for Occupational
Safety & Health (NCOSH)
Formed in 1995
12-15 members representing the
government, employers, employees and
non-governmental or professionals
organizations, each serving 3 year terms
Chaired by the Deputy Minister of
Human Resources

26. NCOSH
Duties to
◦ Discuss
◦ Analyze
◦ Investigate
Forward annual reports &
recommendations to the Minister on
matters which is in line with the aims of
the Occupational Safety & Health Act
1994

27. Department of Occupational
Safety & Health (DOSH)
Begun in 1878 with the appointment of
the first Machinery Inspector
Machinery Department (Machinery
Ordinance 1953)
Factories and Machinery Department
(Factories and Machinery Act 1967)
Department of Occupational Safety &
Health (DOSH) (Occupational Safety &
Health Act 1994 (OSHA 1994)

28. DOSH
Responsible for ensuring the
◦ Safety
◦ Health
◦ Welfare of persons at work
◦ Protection of other people from hazards to
safety and health arising from the activities of
persons at work

29. DOSH
Major Activities
◦ Standard setting
 Relevant legislation, codes of practice, guidelines
◦ Enforcement
 Regional branch offices in every state
◦ Promotion
 Enhance OSH conciosness

30. National Institute of Occupational
Safety & Health (NIOSH)
Founded in December 1, 1992 as a
Company Limited by Guarantee, under
Malaysian Companies, 1965 to spearhead
the safety and health culture at the
workplace in Malaysia

31. NIOSH
The board of Directors is a tripartite
representation of the Government,
Private Sectors and the Workers Unions,
provides autonomy in decision making.
NIOSH was set up on a Launching Grant
from the Government and the Social
Security Organization (SOCSO) of
Malaysia.

32. NIOSH
Function of NIOSH
◦ Teaching
◦ Research
◦ Consultancy

33. Social Security Organization
(SOCSO)
Set up in 1971
To implement, administer and enforce
◦ The Employees’ Social Security Act, 1969
◦ The Employees’ Social Security (General
Regulations) 1971
◦ Employment Injury Scheme , Pension Scheme

34. DANGEROUS OCCURRENCES,DANGEROUS OCCURRENCES,
OCCUPATIONAL POISONING ANDOCCUPATIONAL POISONING AND
DISEASESDISEASES
• Employer to report to the nearest OSH
officers of accidents, dangerous
occurrence, occupational poisoning and
diseases
• Medical officers to report on scheduled
diseases in FMA

35. Appointment of OfficersAppointment of Officers
Appointment of Director General &
Deputy Director General, Directors,
Deputy Directors, Assistant Directors
and other OSH officers (DOSH) by the
Minister – perform duties and exercise
powers based on OSH regulations
Appointment of independent Inspecting
Body/Officers by DG.

36. ENFORCEMENT ANDENFORCEMENT AND
INVESTIGATIONINVESTIGATION
• Director General of OSH
• OSH officers
• Certificate of authorization
• Power of DOSH Officer :
• Enter and inspect any place of work
• Enter with equipment and authorized persons
• Take photos, measurements and samples
• Require medical examinations if risk of
prescribed disease
• Question any person if necessary
• All persons must assist the officer with entry,
inspection, examination and enquiry

37. IMPROVEMENT ANDIMPROVEMENT AND
PROHIBITION NOTICESPROHIBITION NOTICES
Contravention can lead to prosecution and / or
issue of either an :
IMPROVEMENT NOTICES
or
PROHIBITION NOTICES
• Notices to person in control
• Time to comply given (improvement notices)
• Reason given, contravention explained
• Must comply with even if appeal
• Appeal, within 30 days to DG

38. OSHA LIABILITIESOSHA LIABILITIES
OFFENCE
MAXIMUM
RM
and/or
PENALTIES
Imprisonment
Duty of employers/self
employed
50,000 2 years
Duty of occupier to non
employees
50,000 2 years
Duty of designer/manufacturers 20,000 2 years
Failure to comply with
NOP/NOI
50,000 + daily
fine of RM500
5 years
Duty of employee (general) 1,000 3 months
Duty of employee
(interference/misuse)
20,000 2 years
Discrimination by
employer/union
10,000 +
damages +
reinstatement
order
1 year

39. OSHA LIABILITIESOSHA LIABILITIES
OFFENCE MAXIMUM
RM
and/or
PENALTIES
Imprisonment
Medical surveillance regulation 5,000 6 months
Duty of occupier to employ SHO 5,000 6 months
Duty of employer to
create/consult SHC
5,000 6 months
Disclosure of business secret 20,000 2 years
Failure to comply with any other
part of the Act or any of the
regulation
10,000 + 1,000
every day after
conviction
1 year