Key Changes in Malaysia’s OSHA Amendment 2022

Since the impending enforcement of the OSHA Amendment 2022 on June 1st, 2024, let’s recap the key changes brought about by this significant legislative update. The Occupational Safety and Health Act 1994 (OSHA) in Malaysia plays a pivotal role in ensuring workplace safety and health, impacting both employers and employees. With the introduction of the Occupational Safety and Health (Amendment) Act 2022 (Act A1648), substantial revisions have been made to strengthen safety measures and accountability in the workplace.

Key Changes to the Occupational Safety and Health Act 1994

The OSHA Amendment 2022 introduces several critical changes aimed at bolstering workplace safety and safeguarding the well-being of employees:

1. Increased Penalties: Penalties for non-compliance with safety regulations have been significantly heightened, with fines for failure to comply with notices increasing from RM50,000 to RM500,000. The threat of substantial fines serves as a deterrent to employers who may disregard safety regulations.
2. Expansion of Scope: The scope of workplaces covered by the Act has been expanded to encompass all places of work throughout Malaysia, including public services and statutory authorities, with few exceptions.
3. Definitions Clarification: Clear distinctions between “employer” and “principal” are established, providing clarity on responsibilities and obligations.
4. Expanded Duties for Principals: Principals are now mandated to ensure safety and health measures for all parties involved, emphasizing proactive risk management.
5. Risk Assessment Obligation: Employers, self-employed individuals, and principals are required to conduct risk assessments to identify and mitigate safety and health risks in the workplace.
6. Enhanced Employee Protection: New provisions empower employees to remove themselves from imminent danger at the workplace if employers fail to address hazards promptly. This provision underscores the importance of prioritizing employee safety and well-being.
7. Joint and Several Liability: Directors and office bearers may be held jointly and severally liable for offences committed by the company.
8. Appointment of Occupational Safety and Health Coordinator: Employers with five or more employees must appoint an occupational safety and health coordinator to oversee safety measures at the workplace, ensuring effective implementation of safety protocols.
9. Occupational Safety and Health Training: Mandatory attendance for specific groups in occupational safety and health training courses administered by registered training providers has been introduced to enhance safety awareness and compliance.
10. New Schedules: New schedules outlining bodily injuries and obligations for competent persons and registered training providers have been introduced to provide clarity and accountability in safety practices.

Upcoming Enforcement and Implementation

With the OSHA Amendment 2022 set to come into force on June 1st, 2024, it is imperative for employers to familiarize themselves with the amendments and take proactive measures to ensure compliance with safety regulations. This comprehensive legislative update reflects Malaysia’s commitment to prioritizing workplace safety and fostering a culture of safety across all industries.

In conclusion, the OSHA Amendment 2022 represents a significant milestone in advancing workplace safety standards in Malaysia. By implementing these changes, Malaysia reaffirms its dedication to protecting the well-being of its workforce and promoting a safe and healthy working environment for all.

Nathmyrea