CHAPTER 3

MALAYSIAN OCCUPATIONAL SAFETY, HEALTH AND ENVIRONMENTAL LAWS

Occupational safety and health act, 1994 (act 514)

Applies to ten industries:

1. Manufacturing
2. Mining and quarrying
3. Construction
4. Agriculture, forestry and fishing
5. Utilities: electricity, gas, water, and sanitary services
6. Transport, storage and communication
7. Wholesale and retail trades
8. Hotels and restaurants
9. Finance, insurance, real estate and business services
10. Public services and statutory authorities

Occupational Safety and Health Act, 1994 (Act 514)

- Section 1: short a title
- Section 3: interpretation of term
- Section 4: objectives of the act
- Section 15: general duties of employers and self-employed persons to their employees
- Section 16: duty to formulate safety and health policy
- Section 17: general duties of employers and self-employed persons to persons other than
their employees
- Section 24: general duties of employees at work
- Section 29: safety and health officer
- Section 30: establishment of safety and health committee at place of work
- Section 31: functions of safety and health committee

Objective of the Act

1. To secure the SHW of persons at work against risk to SH arising out of the activities of
persons at work
2. To protect persons at a place of work other than persons at work against risks
3. To promote an occupational environment for persons adapted to physiological and
psychological needs
4. To provide the means whereby the OSH legislations may be progressively replaced by a
system of procedures and codes of practice
 Principal Employer Immediate Employer
- The owner - Your supervisor
- Person who gives or sign the contract - Branch manager
- Manager who pays the salary - Dean
- The occupier of place of work legal - An employee under Principal Employer
representative of deceased owner
- Any government of malaysia, local
authority

Duties of the employer & self-employed person

1. To ensure SHW of all employees at work place
2. To provide and maintain safe systems of works
3. To ensure all operation, handling, storage, transport of substance, plant is safe for the
employees
4. To provide information, instruction, training and supervision to ensure SHW of employees at
work
5. To ensure and maintain a safe access to and egress from the place of work
6. To provide and maintain safe working environment and adequate facilities for their welfare
at work
7. Duty to formulate SH policy
8. Duty to ensure safety of other persons not being his employees at work place
9. To ensure design, manufactures, imports, supplies plant or substance that are safe to use
10. Duty not to charge employees for things relating to OSH implementations
11. Not to discriminate against employees who may make complaints on OSH matters
12. To carry out medical surveillance on cases of illness arise form works

Section 16: duty to formulate safety and health policy

- Apply to every employer and every self-employed person except those who carry on an
undertaking with not more than five employees
- It is the duty of every employer and every self-employed person to prepare SH policy
- May be appropriate revise a written statement of his general policy with respect to the
safety and health at work
- To bring the statement and any revision of it to the notice of all of his employees

Section 24: general duties of employees at work

Employees

1. A person who is employed for wages under a contract of service

2. A person directly employed by principal employer
3. A person employed by or through an immediate employer
4. A person whose services are temporary lent, hire, entered into a contract of service
 5. An independent contractor engaged by an employer and any employees of the independent
contractor

Duties of employees

1. To take reasonable care for the SHW of himself and his colleagues
2. To cooperate with his employer on OSH requirements
3. To wear or use at all times any PPE provided by the employer to prevent risks to his SH
4. To comply with any instructions on OSH matters and OSH Act regulations
5. If employee contravenes, the penalty imposed is fine not more than RM1000 or three
months imprisonment

Safety Health Officer (SHO)

- The eyes for DOSH department

Duties of SHO

1. To advise employer on SHW matters and actions at place of work

2. To inspect the place of work, machines, plant, equipment, substance pertaining to SHW
3. To investigate any accident, near miss, dangerous occurrence, occupational disease
4. To assist employer and SHC on formulating OSH programs at place of work
5. To become secretary for SHC
6. To assist the SHC in inspections of place of work and to review its effectiveness and efficacy
of actions takes
7. To collect, analyse, maintain statistics of any accidents, near miss
8. To assist the DOSH officer in his visit
9. To carry out instructions made by his employer on OSH matters
10. To submit monthly report to the employer

Powers of SHO

1. To administer oaths and affirmations in court or conducts inquiry

2. Power to prohibit the use of plant, substance
3. Power to examine witnesses
4. Take measurement, photographs, recordings in investigations
5. Takes samples of any article, substance at work place
6. Instruct any person to be medically examined for certain jobs
7. Enter into premises with or without search warrants and power to seize

Class or description of industries required to employ SHO

1. Any building operation where the total contract price of the project exceeds 20 million
ringgit
2. Any ship building employing at peak of the work more than a hundred employees
3. Any chemical or allied industry employing more than a hundred employees
4. Any gas processing activity or petrochemical industries employing more than a hundred
employees
Section 30 of the Act

- Every employer shall establish a SHC at place of work if there are 40 or more employees: or
when the D-G directs an organization

Section 31: Functions of safety and health committee

Duties of SHC

1. To assist in the development of safety and health rules and safe systems of work
2. Review the effectiveness of safety and health programs
3. Inspect the place of work at least once in 3 months
4. Discuss observations made in inspections
5. Make recommendations to employer on action place
6. Inspect the place of work soon as any accidents, near miss
7. To keep a copy of OSH report for a period of 7 years
8. To assist employer in any safety and health programs, tasks
9. Together with employer to prepare and promote SHW rules
10. To conduct SHC meetings once in 3 months

Objective of the Factory and Machinery Act 1967 and Regulations

1. To provide for the control of factories with respect to matters relating to the safety, health
and welfare of persons
2. The registration and inspection of machinery
3. Applies only to premises defined within it, factories and construction sites