Malaysian Occupational Safety,

Health and Environmental Laws

CHAPTER 3
 
Malaysian Occupational Safety,
Health and Environmental Laws
• ORGANIZATION/ BODIES/ AGENCIES RELATED TO OCCUPATIONAL
SAFETY AND HEALTH AND ENVIRONMENTAL MANAGEMENT
• OCCUPATIONAL SAFETY AND HEALTH ACT, 1994 AND REGULATIONS
• OVERVIEW OF THE FACTORY AND MACHINERY ACT, 1967 AND
REGULATIONS
• OVERVIEW ON ENVIRONMENTAL QUALITY ACT, 1974 AND
REGULATIONS
Organization/ Bodies/ agencies related to
Occupational Safety and Health and
Environmental management

 MHR
 DOSH(ENFORCEMENT)
 NCOSH (ADVISOR)
 NIOSH (TRAINING AND EDUCATION)
 BOMBA
 MOH
 SOCSO
Occupational Safety and Health Act, 1994 and
Regulations
 http://www.dosh.gov.my/index.php/en/legislation/acts/23-02-occupational-safety-
and-health-act-1994-act-514/file
 EMPLOYER
 EMPLOYEE
 SHO (Regulations)
 SHC (Regulations)
 Occupational Safety and Health Act, 1994 (Act 514)
5

 This Act provides a comprehensive system of law on how

to deal with OSH of employees at work place in
organizations. :
 http://www.dosh.gov.my/index.php/en/legislation/acts/23-0
2-occupational-safety-and-health-act-1994-act-514/file
 http://www.dosh.gov.my/index.php/en/legislation/regulatio
ns-1/osha-1994-act-154
 http://www.dosh.gov.my/index.php/en/legislation/order/oc
cupational-safety-and-health
 Occupational Safety and Health Act, 1994 (Act 514)
6
APPLIES TO TEN INDUSTRIES:

 I. MANUFACTURING
II. MINING AND QUARRYING
III. CONSTRUCTION
IV. AGRICULTURE, FORESTRY AND FISHING
V. UTILITIES: ELECTRICITY, GAS, WATER, AND SANITARY SERVICES
VI. TRANSPORT, STORAGE AND COMMUNICATION
VII. WHOLESALE AND RETAIL TRADES
VIII.HOTELS AND RESTAURANTS
IX. FINANCE, INSURANCE, REAL ESTATE AND BUSINESS SERVICES
X. PUBLIC SERVICES AND STATUTORY AUTHORITIES
 
THE OSH ACT (ACT 514) DOES NOT APPLY TO:
1. MILITARY AND ARMED FORCES
2.ON BOARD SHIPS OR MOVING VESSELS IN INTERNATIONAL WATERS
 7

Occupational Safety and Health Act, 1994 (Act 514)

 Section 1. Short an 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.
Section 4: Objective of the Act 8

 Section 4: Objective of the Act

 To secure the SHW of persons at work against risk to SH arising out of the
activities of persons at work
 To protect persons at a place of work other than persons at work against risks
 To promote an occupational environment for persons adapted to physiological
and psychological needs
 To provide the means whereby the OSH legislations may be progressively
replace by a system of procedures and codes of practice
Section 15. General duties of employers and self-
employed persons to their employees. 9
EMPLOYERS

Principal Employer
-the owner
-person who give/sign Immediate Employer
the contract of service -your supervisor
-manager who pays the
-branch manager
Salary
-Dean
-the occupier of
place of work -An employee under
legal representative Principal Employer
of deceased owner
-any government of
Malaysia. Local
authority
 Duties of the Employer & Self Employed Person
10
 To ensure SHW of all employees at work place
 To provide and maintain safe systems of works
 To ensure all operation, handling, storage, transport of
substances, plant are safe for the employees
 To provide information, instruction, training and
supervision to ensure SHW of employees at work
 To ensure and maintain a safe access to and egress from
the place of work
 To provide and maintain safe working environment and
adequate facilities for their welfare at work
 Duty to formulate SH policy
 Duty to ensure safety of other persons not being his
employees at work place
 Duties of the Employer & Self Employed Person
11
 To ensure design, manufactures, imports, supplies plant or
substance that are safe to use
 Duty not to charge employees for things relating to OSH
implementations
 Not to discriminate against employees who may make complaints
on OSH matters
 To carry out medical surveillance on cases of illness arise form
works
 To employ a SHO, exclusively for OSH matters in organization
 To establish a SHC at place of work if there are 40 or more
employees at work
 To notify the nearest DOSH office of any accident, dangerous
occurrence, poisoning
 To provide, maintain a system of communications for OSH matters
and complaints
 To prepare and promote SHW rules and procedures
 To provide a suitable place for SHC to hold its meetings
Section 16. Duty to formulate safety and health policy. 12

 Section 16 of the Act shall apply to every employer and every self-employed
person EXCEPT those who carry on an undertaking with not more than five
employees.- OCCUPATIONAL SAFETY AND HEALTH (EMPLOYERS'
SAFETY AND HEALTH GENERAL POLICY STATEMENTS) (EXCEPTION)
REGULATIONS 1995
 it be the duty of every employer and every self-employed person to prepare SH
policy
 As often as 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
13
EMPLOYEES
 a person who is employed for wages under a contract of
service
 a person directly employed by principal employer
 a person employed by or through an immediate
employer
 a person whose services are temporary lent, hire,
entered into a contract of service
 an independent contractor engaged by an employer and
any employees of the independent contractor
 Duties of Employees
14
 To take reasonable care for the SHW of himself and his
colleagues
 To cooperate with his employer on OSH requirements
 To wear or use at all times any PPE provided by the employer to
prevent risks to his SH
 To comply with any instructions on OSH matters and OSH Act
regulations
 If employee contravenes, the penalty imposed is fine not more
than RM1000 or three months imprisonment
 Intentionally misuse, abuse, interfere things or PPE, the penalty
imposed is fine not more than RM20,000 or 2 years
imprisonment.
 Section 29. Safety and health officer.
15
SAFETY HEALTH OFFICER
 Refers to the DOSH officers appointed by the D-G.
 SHO registered with DOSH but working in respective
organizations. They are the “eyes” for DOSH department.
 A normal executive who is given the responsibilities for OSH
matters, HR or Training Officer that acts as SHO.
 http://www.dosh.gov.my/index.php/en/oyk-sho
 DUTIES OF SHO 16
- OSH (SHO) Regulations 1997
 To advise employer on SHW matters and actions at place of work
 to inspect the place of work, machines, plant, equipment, substance
pertaining to SHW
 To investigate any accident, near miss, dangerous occurrence,
occupational disease
 To assist employer and SHC on formulating OSH programs at place
of work
 To become secretary for SHC
 To assist the SHC in inspections of place of work and to review its
effectiveness and efficacy of actions takes
 To collect, analyze, maintain statistics of any accidents, near miss
 To assist the DOSH officer in his visit
 To carry out instructions made by his employer on OSH matters
 To submit monthly report to the employer
 17
DUTIES OF SHO
 Powers of SHO:
 to administer oaths and affirmations in court or conducts inquiry
 power to prohibit the use of plant, substance
 power to examine witnesses
 make examination and investigation of any plant, substance, article in
an organization in pursuant to this Act.
 take measurement, photographs, recordings in investigations
 takes samples of any article, substance at work place.
 instruct any person to be medically examined for certain jobs.
 enter into premises with or without search warrants and power to
seize
 power to forceful entry and service an occupier of signed copy of list
of things seized from premises
 Class or description of industries required to employ SHO
(a) any building operation where the total contract price of the project exceeds twenty 18
million ringgit;
(b) any work of engineering construction where the total contract price of the project
exceeds twenty million ringgit;
(c) any ship building employing at peak of the work more than a hundred employees;
(d) any gas processing activity or petrochemical industries employing more than a
hundred employees;
(e) any chemical or allied industry employing more than a hundred employees
(f) any boiler or pressure vessel manufacturing
! "" # activity employing more than a
hundred employees;
(g) any metal industry where there is canning or stamping or blanking or shearing or
bending operations and employing more than a hundred employees;
(h) any wood working industry where there is cutting or sawing or planning or
moulding or sanding or peeling or any combination of the above, and employing more
than a hundred employees;
(i) any cement manufacturing activity employing more than a hundred employees;
and
(j) any other manufacturing activity other than the manufacturing activity specified in
subparagraphs (f) to (i), employing more than five hundred employees
 Section 30. Establishment of safety and health
committee at place of work. 19
 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.

SHC Organization Chart

Chairman
-one top management
staff
Secretary
- SHO or SHM
Representatives Representatives
of employer of employees

Managers of Supervisors/ Technicians/ Staff

HRD, QC, PRODUCTION, STORE HRD, QC, PRODUCTION, STORE
 Section 31. Functions of safety and health committee.
Duties of SHC 20
 to assist in the development of safety and health rules and safe systems of work
 review the effectiveness of safety and health programs
 carry out studies on trends of accidents, near miss, dangerous occurrence,
occupational diseases
 review safety and health policies at place of work and make recommendations to
employer
 inspect the place of work at least once in 3 months
 discuss observations made in inspections
 make recommendations to employer on action place
 inspect the place of work soon as any accidents, near miss
 to keep a copy of OSH report for a period of 7 years
 to assist employer in any safety and health programs, tasks
 together with employer to prepare and promote SHW rules
 to conduct SHC meetings once in 3 months
 duty to provide trainings to employees, and employer to provide trainings to SHC
 to ensure employer make available relevant documents and Acts
PENALTIES UNDER THE OSH Act 21

Section 19. Penalty for an offence under section 15, 16, 17 or 18.
(employer)

Section 23. Penalty for an offence under section 20 or 21.

(manufacturer)
Section 49. Penalty for failure to comply with notice
Section 51. General penalty.
 PENALTIES UNDER THE OSH Act

Section Offences Penalty and/or imprisonment

15 Failure of employer to ensure SHW at place of work: RM50,000 ; 2 years or both

general duties of employers

16 Failure of employer to formulate OSH Policy RM50,000 ; 2 years or both

17 Failure of employer to protect persons other than their RM50,000 ; 2 years or both
employees

18 Failure to occupier of a place of work to protect RM50,000 ; 2 years or both

persons

19 Penalty for the Section 15 -18 RM50000 ; 2 years or both

23 Failure of manufacturers, plants, substances that are RM20,000 ; 2 years or both

safe to use, Sections 20-21
28 Failure to conduct medical surveillance RM5000; or 6 months or both
29 Failure to employ a SHO RM5000 ;or 6 months or both
30 Failure to form a SHC RM5000; or 6 months or both
47 Failure of employer to cooperate with DOSH Officer RM10000; or 1 year of both
48/49 Failure to comply with Improvement / Prohibition RM50,000; 5 years or both.
Notices Additional fine of RM500 per day
22
Overview of the Factory and Machinery Act, 1967
and Regulations
An Act to provide for the control of factories with respect to matters relating to the safety, health
and welfare of person therein, the registration and inspection of machinery and for matters
connected therewith.

Objective of this Act:

 To provide for the control of factories with respect to matters relating to the safety, health and
welfare of persons,
The registration and inspection of machinery.
Applies only to premises defined within it, factories and construction sites.
 Factories and Machinery Act, 1967
24
Part 1:Preliminary
Part 2:Safety, Health and Welfare
Part 3:Persons in Charge and Certificates of Competency
Part 4:Notifications of Accident, Dangerous Occurrence
and Dangerous Diseases
Part 5:Notice of Occupation of Factory, and Registration
and Use of Factory
Part 6:General
Schedules:
First Schedule: Dangerous Occurrence
Second Schedule: Serious Bodily Injury
Third Schedule: Notifiable Industrial Disease
 SCHEDULE

 http://www.dosh.gov.my/index.php/en/legislation/acts/26-03-factories-and-
machinery-act-1967-revised-1974-acts-139/file
-page 37 -39
Overview on Environmental Quality Act, 1974
and Regulations
 An Act relating to the prevention, abatement, control of pollution and enhancement of the environment,
and for purposes connected therewith.
 Section 22 - 30
 http://www.env.go.jp/en/recycle/asian_net/Country_Information/Law_N_Regulation/Malaysia/Malaysia
_mal13278.pdf
 22. Restrictions on pollution of the atmosphere.
 23. Restrictions on noise pollution.
 24. Restrictions on pollution of the soil.
 25. Restrictions on pollution of inland waters.
 27. Prohibition of discharge of oil into Malaysian waters.
 28. Special defenses.
 29. Prohibition of discharge of wastes into Malaysian waters.
 30. Power to prohibit use of any material or equipment.