The Occupational Safety and Health Act 1994 (OSHA) has undergone significant amendments to enhance workplace safety standards across Malaysia. These changes, effective from 1st June 2024, reflect the government’s commitment to protecting workers and ensuring a safer working environment across all sectors.
Let’s explore the key changes and their implications for employers and employees.
Expanded Scope of Coverage
Previously, OSHA applied only to specific sectors like manufacturing, mining, and construction. Under the amended Section 1(2), the Act now extends to all workplaces, including public services and statutory authorities. However, there are specific exclusions:
Domestic servants: Employees working in private households.
Armed forces: Military personnel.
Certain maritime workers: Those covered under the Merchant Shipping Ordinance 1952 or other similar maritime laws.
This broader scope ensures that nearly every workplace in Malaysia, regardless of industry, is subject to OSHA’s safety requirements.
Strengthened Employee Rights
The amendments introduce a new provision, Section 26A, which empowers employees to protect themselves in dangerous situations. Workers now have the right to:
Leave a workplace if they believe there is an imminent danger to their safety or health.
Inform their employer about the danger as soon as possible.
Employers are required to investigate and address the reported hazard. Employees cannot be punished for exercising this right, provided the situation genuinely poses a risk.
Enhanced Employer Responsibilities
Employers now bear a greater responsibility for ensuring workplace safety. Under the revised OSHA, their duties have been expanded to include:
Developing and implementing emergency response procedures.
Conducting regular risk assessments to identify and mitigate workplace hazards.
Providing safety training for employees to understand and manage risks effectively.
Ensuring the safety of contractors and subcontractors engaged by the organization.
Furthermore, Section 29 mandates the appointment of qualified safety and health officers or coordinators for workplaces meeting specific criteria. This ensures that someone is always accountable for maintaining safety standards.
Stricter Penalties for Non-Compliance
The amendments introduce significantly higher fines for those failing to comply with OSHA requirements:
Under Section 19, employers who neglect their duty to ensure workplace safety may now face fines of up to RM500,000, compared to the previous maximum of RM50,000.
For certain offenses, imprisonment terms have also been introduced, reflecting the government’s serious stance on workplace safety.
Personal Liability for Company Leaders
A notable addition is Section 52A, which holds company leaders—including directors, partners, and managers—personally liable for workplace safety violations. This means that safety is no longer just the responsibility of the organization but also its top leadership.
By introducing this measure, the government aims to foster a culture of accountability and proactive safety management at the highest levels of organizations.
The Role of Employees
The amendments also place responsibilities on employees, as outlined in Section 24. Workers are now required to:
Comply with safety protocols established by their employer.
Avoid actions that may jeopardize their safety or the safety of others in the workplace.
These provisions ensure that safety is a shared responsibility, requiring active participation from both employers and employees.
Looking Ahead: What Employers Should Do
With these changes coming into effect, employers must take immediate action to comply with the amended OSHA. This includes:
Reviewing and updating safety procedures and policies.
Conducting training sessions for employees to familiarize them with their rights and responsibilities under the new law.
Appointing qualified safety officers or coordinators where required.
By doing so, organizations can not only comply with the law but also foster a safer, more productive workplace for everyone.
Conclusion
The amendments to the Occupational Safety and Health Act 1994 mark a significant step forward in workplace safety in Malaysia. By extending coverage, enhancing rights and responsibilities, and imposing stricter penalties, the law aims to create safer and healthier working environments across the country.
Both employers and employees must understand these changes and take proactive steps to ensure compliance. By working together, we can build workplaces that prioritize safety and well-being for all.
This article has been produced for general information purposes and further advice should be sought from a professional advisor.
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