Changes of OSHA 1994 to OSHA (Amendment) 2022

Summary

The video script discusses the amendments to the Occupational Safety and Health Act (OSHA) in Malaysia for 2032, focusing on seven key changes including risk assessment, worker rights, and increased penalties. It highlights the new obligations for employers and employees, the role of safety and health officers, and the importance of occupational health services. The script also addresses the implications for various industries, the continuity of legal proceedings, and strategies for employers to prepare for the new regulations.

Takeaways

• 📚 The presentation discusses the amendments to the Occupational Safety and Health Act (OSHA) in Malaysia, specifically the changes in 2032 that include seven provisions from the Factories and Machinery Act.
• 🚧 The amendments introduce 12 primary changes to OSHA, emphasizing risk assessment, principal obligations, worker rights, and increased penalties for non-compliance.
• 🏢 The scope of the amendment extends to all workplaces in Malaysia, excluding domestic services, the Malaysian Armed Forces, and work on board ships.
• 🔍 Risk assessment becomes a legal obligation for employers, self-employed persons, and principals to identify, analyze, and control safety and health risks in the workplace.
• 👷‍♂️ Workers are granted rights to remove themselves from dangerous work situations and are protected from negative consequences for doing so.
• 🏥 The amendment focuses on improving occupational health services, promoting health and well-being in the workplace, and preventing occupational diseases.
• 🛠️ Machinery Integrity is a new element introduced, covering management, assessment, eligibility recognition, and special inspection schemes for machinery.
• 👩‍🏫 The amendment mandates training for certain classes of persons to ensure workers are adequately trained before conducting work activities.
• 📈 The penalties for OSHA violations have been significantly increased, reflecting a stricter approach to enforcing workplace safety and health standards.
• 🌟 The presentation concludes with a Q&A session addressing questions about the necessity of amendments, the impact of increased penalties on large companies, and the role of the 2022 amendments in creating a safer working environment.

Q & A

What are the seven provisions of the Occupational Safety and Health Act (OSHA) Amendment 2022?

The seven provisions include the installation of machinery, inspection of machinery, certificates of fitness, special scheme of inspection, notification of occupation workplace, medicine persons, and Chief Inspector special officer.

How does the OSHA Amendment 2022 enhance worker rights?

The amendment enhances worker rights by introducing provisions such as the right to refuse dangerous work, protection from undue consequences for exercising this right, and the requirement for employers to ensure safety and health in the workplace.

What is the significance of the 'principal obligation' introduced by the OSHA Amendment 2022?

The 'principal obligation' expands the responsibilities between the developer and the contractor, ensuring that safety and health measures are implemented and maintained throughout the hierarchy of a workplace.

How does the OSHA Amendment 2022 address the issue of risk assessment?

The amendment mandates that every employer, self-employed person, or principal must carry out a risk assessment to identify, analyze, and control safety and health hazards in the workplace.

What is the role of the Occupational Health Services under the OSHA Amendment 2022?

Occupational Health Services are required to provide services for employee health protection, promote health and well-being in the workplace, and prevent occupational diseases and poisoning.

Why is the appointment of a Safety and Health Officer (SHO) necessary under the OSHA Amendment 2022?

The appointment of an SHO is necessary to ensure compliance with safety and health regulations, coordinate safety programs in the workplace, and manage safety and health issues effectively.

What is the Machinery Integrity section of the OSHA Amendment 2022, and why is it important?

The Machinery Integrity section includes elements like management, assessment, eligibility recognition, and special schemes of inspection. It is important to ensure the safe operation of machinery and to prevent accidents in the workplace.

How does the OSHA Amendment 2022 impact penalties for non-compliance?

The amendment increases penalties for non-compliance, with higher fines and potential imprisonment, to deter violations and ensure that employers take workplace safety and health seriously.

What is the purpose of the new Occupational Safety and Health Training course requirement under the OSHA Amendment 2022?

The new training course requirement ensures that workers are adequately trained in occupational safety and health before conducting work activities, thereby reducing the risk of accidents and injuries.

How does the OSHA Amendment 2022 apply to different types of workplaces?

The amendment applies to all workplaces except domestic service, Malaysian armed forces, and work on board ships. It is inclusive of various sectors, including public services, and extends to any place where work is carried out, such as work from home.

What steps should employers take to prepare for the implementation of the OSHA Amendment 2022?

Employers should update their workplace health and safety policies, conduct risk assessments, ensure compliance with new regulations, appoint necessary safety officers, and provide training to employees to meet the requirements of the amended act.