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Note: The Employment Act is not applicable to Sabah and Sarawak, as they have their own Labour Ordinances respectively: Sabah Labour Ordinance and Sarawak Labour Ordinance.
Enacted on 25th February 1994, the Occupational Safety and Health Act 1994, or Act 514, is the primary legislation in Malaysia that regulates workplace safety and health. It outlines the duties and responsibilities of employers, employees, manufacturers, and suppliers to ensure a safe and healthy workplace.
Its core principle is to prevent risks and hazards at work, and protect the workers against them whilst carrying out activities at work.
Activities at work include the following hazards:
Under the Occupational Safety and Health Act 1994, it is the employer’s responsibility to ensure employees are working in a safe and secure environment. Employers should:
Whilst the onus is on the employer to provide a safe working environment, employees have to play their part too — they should:
The Occupational Safety and Health (Amendment) Bill 2020 (OSH Bill) was passed by the House of Representatives in October 2021, bringing about significant amendments to the existing Occupational Safety and Health Act (1994).
New sections were introduced, certain sections were amended, and certain sections were deleted from the principal Act, aimed at providing a higher standard of safety, health and welfare to workers. It also offers greater protection to employees and places a higher degree of accountability on employers.
The previous legislations were primarily the Occupational Safety and Health Act (1994) as well as the Factories and Machinery Act (1967). However, in line with new challenges and new occupations arising from industrialisation, they needed to be updated.
After many years of debate, the Occupational Safety and Health (Amendment) Act 2022 and the Factories and Machinery (Repeal) Act 2022 were gazetted on 16th March 2022. This means that the OSHA and the FMA provisions are now consolidated into one comprehensive health and safety legislation, which all industries can adhere to.
It will come into effect in nearly all places of work throughout Malaysia (except shipping merchants, within armed forces and in domestic employment settings), on a date soon to be determined.
Under section 29(3) of the Occupational Safety and Health Act 1994, safety and health officers (SHO) shall be employed exclusively for the purpose to ensure due observance of OSHA at the place of work.
The general duties of an SHO are to ensure compliance and to promote a safe conduct of work. The duties of a SHO are outlined under Regulation 18 of the Occupational Safety and Health (Safety and Health Officer) Regulations 1997.
No person shall act as a safety and health officer unless he is registered with the Director General of the Department of Occupational Safety and Health.
A SHO has specific knowledge on:
Personal Protective Equipment (PPE) refers to any equipment or clothing that is worn to provide protection and minimise exposure to workplace hazards that could cause injury or illness. In Malaysia, the use of PPE is regulated under the Factories and Machinery Act 1967, Occupational Health and Safety Act 1994 and more.
There are 7 types of PPE prescribed by the regulations, that require approval from the Chief Inspector of Factories and Machinery and the Director General of Department of Occupational Safety and Health, which includes:
Employers are required to ensure that the PPE provided is appropriate for the specific hazards present in the workplace, and that it fits properly and is maintained in good condition. They must also ensure that all PPE used in workplaces have DOSH-SIRIM certification marks.
When the Occupational Safety and Health (Amendment) Act 2022 comes into force, employers who fail to provide PPE to employees could be fined not more than RM500,000 or a maximum jail term of two years or both.
The Occupational Safety and Health Master Plan 2021-2025 (OSHMP25) was launched by former Prime Minister Datuk Seri Ismail Sabri Yaakob in October 2021, outlining seven key strategies to drive the formation of an inclusive, safe and healthy work culture, as well as help increase the Malaysian Well-Being Index (MyWI).
The seven key strategies outlined were:
The shift towards a new normal because of the pandemic — such as working from home, an increased use of digital technology, and a competitive global environment has necessitated and shaped the key strategies of this plan, as Malaysians struggle to adapt to a new way of working.
With a primary objective of decreasing workplace fatality and accident rates, the theme for OSHMP25 is ‘OSH Inclusive-Togetherness and Commitment’, in hopes that implementation of this master plan will strengthen the commitment of all stakeholders: the government, employers, and employees in cultivating occupational safety and health practices.
You can read and download the OSHMP25 document here.
Learn more about Workplace Health and Safety in Malaysia by downloading our complete guide.
Download nowThe basics of Malaysian workplace health and safety factsheet.
