Niaga SPOTLIGHT: Occupational Safety & Health in Malaysia

Summary

In this episode of 'Nyaga Spotlight,' the focus is on occupational health and safety in Malaysia, particularly the recent Occupational Safety and Health (OSH) Amendment Act 2022. The act, effective from June 1, 2024, expands coverage to all workplaces, introduces new provisions like risk assessment and workers' rights, and increases penalties for non-compliance. Expert interviews delve into the implications for the gig economy, the role of OSH coordinators, and the alignment with international labor standards set by the International Labor Organization (ILO).

Takeaways

• 📜 The Occupational Safety and Health Act (OSHA) in Malaysia, which was enacted in 1994, has been amended to increase safety and health standards in workplaces, with the new amendments coming into effect on June 1, 2024.
• 🏭 Originally, OSHA focused on health hazards in addition to the safety concerns already addressed by the Factory and Machinery Act (FMA) 1967.
• 🛡️ The Department of Occupational Safety and Health (DOSH) works in conjunction with OSHA to reduce fatal safety hazards and health risks, establishing standards and enforcing the law to protect workers.
• 📈 The Occupational Safety and Health Amendment Act 2022 (OSHA 2022) introduces four key pillars and increased responsibilities for employers, including conducting risk assessments and ensuring worker rights.
• 💡 OSHA 2022 increases the maximum penalty for non-compliance tenfold, from 50,000 to 500,000 Malaysian Ringgit, aiming to deter violations and enhance safety.
• 📋 The amendment extends OSHA coverage to all workplaces, except for those listed in the first schedule, including gig economy workers, but excluding domestic employment, armed forces, and workers on board ships.
• 👷‍♂️ The new provision under OSHA 2022 gives workers the right to remove themselves from imminent danger in the workplace, aligning with international labor standards.
• 🔄 DOSH is responsible for developing new standards and industrial codes of practice to address the use of high-risk machinery and to keep up with current technologies and workplace issues.
• 🌐 The International Labor Organization (ILO) plays a crucial role in setting international labor standards and promoting rights at work, including safety and health, through conventions like C155 and C187.
• 🔄 The ratification of ILO conventions by member countries signifies a commitment to uphold safety and health as fundamental principles and rights at work.
• 🚗 The platform or gig economy presents unique safety and health challenges for workers, such as road safety, stress, and exposure to physical and psychosocial risks, which may not be fully covered by existing legislation.

Q & A

What is the primary law governing occupational safety and health in Malaysia?

The Occupational Safety and Health Act (OSHA) is the primary law governing occupational safety and health in Malaysia, which was enacted in 1994.

What was the initial focus of the Factory and Machinery Act (FMA) 1967?

Under the FMA 1967, the initial emphasis was on safety, whereas OSHA 1994 began to place emphasis on addressing health hazards in workplaces.

How has the Department of Occupational Safety and Health (DOSH) contributed to workplace safety?

DOSH, in combination with OSHA, has reduced fatal safety hazards and health risks, established simple and common-sense standards, and enforced the law against those who put workers at risk, saving hundreds of lives and preventing countless injuries and illnesses over the past 30 years.

When did the Occupational Safety and Health Amendment Act 2022 come into effect?

The Occupational Safety and Health Amendment Act 2022 came into effect on the 1st of June 2024.

What are the four pillars of the OSH Amendment Act?

The script does not explicitly mention the four pillars of the OSH Amendment Act, but it discusses the extension of law coverage, introduction of new provisions such as duty to conduct risk assessment, broadening the scope of Occupational Health, and increasing the maximum penalty.

What is the new maximum penalty under the OSHA Amendment Act 2022?

The new maximum penalty under the OSHA Amendment Act 2022 has been increased by 10 times, from 50,000 to 500,000 Malaysian Ringgit.

How does the OSHA Amendment Act 2022 address the gig economy workers?

The OSHA Amendment Act 2022 extends its coverage to all workplaces, including gig economy workers. However, the act classifies gig workers as self-employed, meaning they have obligations to protect themselves and ensure their work activities are safe.

What are the three categories of workers not covered by the OSHA Amendment Act 2022?

The three categories of workers not covered by the OSHA Amendment Act 2022 are domestic employment, Armed Forces, and persons working on board ships, as they are covered under the Merchant Shipping Ordinance.

What is the role of an OSH coordinator in the workplace?

An OSH coordinator assists the employer in ensuring safety and health measures for employees, carries out workplace inspections, supports the employer in conducting risk assessments, and reports any dangerous occurrences or occupational accidents to DOSH.

How does the International Labor Organization (ILO) assist member countries in implementing conventions?

The ILO provides technical assistance to member countries in implementing conventions, including guidance and support in national law and practice, as well as regular reporting on its application.

What are the obligations and rights of workers and their representatives under ILO Convention 155?

Under ILO Convention 155, workers and their representatives have the right to be informed and trained on safety and health, to be consulted on safety and health aspects, and to remove themselves from imminent danger without consequences. They also have the responsibility to respect and follow safety and health instructions and to cooperate with employers.