Changes of OSHA 1994 to OSHA (Amendment) 2022
Summary
TLDRThe 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.
Outlines
🌊 Ocean Safety Amendments in 2032
The script discusses the amendments to the Occupational Safety and Health Act (OSHA) in 2032, which includes provisions from the Factories and Machinery Act. It outlines 12 primary changes such as risk assessment, worker rights, and increased penalties. The amendment mandates risk assessment and control measures by employers and self-employed individuals to ensure safety and health. It also introduces the principal responsibility, expanding duties between developers and contractors, and employee rights to remove themselves from danger. The amendment is applicable to all workplaces except domestic services, the Malaysian Armed Forces, and work on ships. The script also covers the appointment of safety and health officers and the requirement for occupational safety and health training.
🏭 Machinery Integrity and Licensed Personnel
This paragraph delves into the specifics of Machinery Integrity, which includes management, assessment, eligibility recognition, and special inspection schemes. It discusses the role of licensed persons in conducting assessments and issuing eligibility recognitions to enhance industrial plan management. The paragraph also covers amendments to the Machinery Act, including notifications of occupation, installation, and inspection of plans. The script mentions the regulation of practitioners to ensure professionalism and legal proceedings for non-compliance. Additionally, it outlines the roles and regulations for registered training providers and the establishment of a Council for occupational safety and health to increase effectiveness.
📈 Evolution of Safety Regulations and Penalties
The script reflects on the evolution of safety regulations, highlighting the increase in penalties to deter non-compliance. It discusses the impact of penalties on large companies and their reputations, suggesting that financial penalties alone may not be sufficient to ensure worker safety. The speaker emphasizes the role of the amended OSHA in creating a safe working environment, particularly in赋予 employees the right to remove themselves from hazardous situations. The paragraph also addresses the continuity of legal proceedings under the Factory and Machinery Act and provides advice for employers to prepare for the new regulations, including updating workplace safety policies and conducting risk assessments.
🛠️ Employer Preparedness for OSHA Implementation
The final paragraph focuses on how employers can prepare for the implementation and enforcement of the new OSHA amendments. It suggests updating workplace health and safety policies and creating risk assessment guides. The importance of a comprehensive safety policy that outlines the company's commitment to safety, working methods, and equipment usage is emphasized. The script also highlights the need for clear communication regarding safety information and procedures for managing workplace injuries. Employers are advised to ensure that all employees are aware of and acknowledge the updated policies.
Mindmap
Keywords
💡Occupational Health and Safety Act (OSHA)
💡Risk Assessment
💡Principal Obligation
💡Worker Rights
💡Machinery Integrity
💡Licensed Person
💡Occupational Health Services
💡Penalties
💡Safety and Health Officer (SHO)
💡Risk Control Measures
💡Regulation of Practitioner
Highlights
Introduction of the group's focus on changes in Ocean 2032 and the Occupational Health and Safety Act (OSHA) Amendment.
Explanation of the seven provisions of the Factories and Machinery Act incorporated into OSHA.
Details on the 12 primary changes in OSHA Amendment, including risk assessment and worker rights.
Clarification that the amendment applies to all workplaces except domestic service, Malaysian armed forces, and work on ships.
Discussion on the obligation of employers to carry out risk assessments and implement risk controls.
Emphasis on the principal's obligation to ensure safety and the responsibilities between developers and contractors.
Improvement of workers' rights, including the right to remove oneself from danger at the workplace.
Introduction of the Occupational Health Services, promoting health and well-being in the workplace.
Requirement for employers with five or more workers to appoint a Health and Safety Coordinator.
Amendment of section 29, focusing on the appointment of Safety and Health Officers in the workplace.
Introduction of new training requirements under section 31A for occupational safety and health.
Explanation of Machinery Integrity and the role of licensed persons in machinery assessment.
Regulation of practitioners to ensure professionalism and commitment in occupational safety.
Establishment of the Council of Occupational Safety and Health to increase cost-effectiveness and membership diversity.
Comparison of penalties between the existing OSHA and the new amendment, highlighting increased fines and imprisonment.
Discussion on the impact of increased penalties on large companies and their cash flow.
Advice for employers on preparing for the implementation and enforcement of the OSHA amendments.
Transcripts
good morning we are a group of six
people
who like to present about the changes in
Ocean
2032. there are seven provisions of 219
to act uh a16
48 where the amendment occupational
health and safety act incorporate seven
provisions of factories and Machinery
act uh the seven prohibitions including
the installation of missionary
inspection of missionary certificates of
Fitness special scheme of inspection
notification of occupation workplace
medicine persons and Chief Inspector
special officer so there are 12 primary
changes in OSHA Amendment the first one
is application risk assessment principal
obligation worker rights Occupational
Health Services or coordinator
requirement of us training missionary
Integrity lesson persons National of
occupational safety and health
regulation of Osha practitioner and also
increase in penalties this amendment
applies to all workplace except domestic
service Malaysian armed forces and work
on board ships
uh station
one subsection do subject to subsection
three this actual applied to all
workplace throughout Malaysia including
Public Services sector 3 and this act
not applicable for the occupation
specified in the first schedule our
police assessment this is specific uh
provision is uh employees obligation to
carry out risk assessment at risk
control measures in the workplace to
identify Hazard analyze risk and control
risk it is an obligation to carry out
risk assessment and Improvement
confirmation according to 18b section 1
every employer self-employed person or
principal shall carry out a risk
assessment in relation to the safety and
health risk exposed to any person who
may be affected by their employment at
the workplace and if risk assessment
reveals that risk controls are needed to
eliminate or reduce safety and health
hazard the self-employed persons
employee or principal must put those
control in place for principal
obligation is to introduce the principal
responsibility by expanding the
responsibilities between the developer
and the competitor supported and also
employees according to 18th section one
it shall be the beauty of every
principle to take as far as if
practicable such a pleasure as may be
necessary to ensure safety and to help
it's also impose obligation on the
principle only if the contactor
subprotected or employee in the
subsection Works under the direction of
the principal and know how the work uh
is carried out so any contact employed
by the principal when working any
indirect subcontact when working also uh
any employee employed by the contractor
or sub contractor where working is under
this principal obligation at the
Improvement for this ad is improving
workers right by taking into the account
of article the thing I also c155 so in
the section 26a subsection one and
employee after telling his employer or
his representative whom he has a
reasonable justification to believe
there is a danger for more certain to
occur at his place of work shall have
the right to remove himself from danger
or work that is if the employee fails to
take any action to adminate the hazard
subsection two states that an employee
who removes himself from danger in
accordance with subsection one shall be
protected from undue consequences and
cannot be discovered United against in
the session of 28 succession 1 if the
minister finds that in any workplace of
class of site workplace that cases of
disease have occurred which he has a
reason to believe may be due to other
types of processes or condition of work
Verizon of a change in any process or in
the material used in any process or by
reason of the introduction of any new
process or a new material for use in the
process there may be a risk of adverse
effects on the health of persons
employed in the process they may be a
risk of adverse effect to health or
people employed in any equation
specified into schedule or of any
substance or things brought to the
industry for use or operated in or from
anything changing condition in the
industry this Improvement in
occupational health and service can give
provision of service for employee health
protection during work promotion of
health and well-being in the workplace
and also prevention of occupational
disease and poison the need of a foreign
occupational health and safety
coordinator in section
2029a subsection one and employee who
workplace not included in any class of
type of workplace as advertised
compliance in kkp legislation and in The
Gazette or under subsection 29 1 short
upon one of its employees to act as HC
if he takes a dollar of five or more
workers or at his workplace this is to
help employees coordinate compliance or
regulation legislation and urge programs
in the workplace employees who have
appointed and safety and head office
officer in the workplace is not included
in the SSU order so there is no need to
appoint HC amendment of section 29 which
is safety and health officer Sho which
is in the ACT 514 section 29 subsection
1 this section shall apply to any class
or type of Industry that is determined
by the minister through an audio
published in The Gazette and in the
subsection too a resident of a place to
whom this section applies must employ a
competent person as a selfie and health
officer at the workplace while the ACT
a1648 section 29 subsection 1 this
section shall apply to any class or type
of workplace which the minister by order
published in The Gazette and the stock
section 2 state that an occupier of a
place to whom this section applies shall
appoint a competent person to act as a
security officer and health in the
workplace and lastly section 29 a
subsection for a person shall be
appointed as safety and health officers
only for wine workplace at the time
requirement of horse threatening
training which is the new section 31a
Occupational Safety and Health Training
course which is the requirement for
class or subject person to attend the
assigned or training which is to ensure
the workers are given the assigned
training before conducting work
activities and then training course
consists of the minister made by order
published in the in the Gazette require
any class or description of persons to
attend an occupational safety and health
training course as specified in the
order that is conducted by a registered
training provider next the employer also
of any person required to attend any
training course on the subsection one
shall ensure that the person has
completed such training course before
allowing that person to perform any work
for which the training is required the
Machinery Integrity which is includes
the elements of Machinery Integrity
management Machinery assessment
eligibility recognition and special
scheme of inspection and then the
licensed person which is a location to
allow licensed person to be appointed to
run client assessment and to issues
eligibility recognition which to
increase industrial plan management and
to tackle backlog Machinery assessment
backlog series
Amendment 2022 which is spread CA a
notification of occupation of place of
work installation and inspection of plan
and there is four session and despite
which is section 27A notice of
occupation of place of birth session 27b
prescription of plan recline Certificate
of Fitness where the minister would May
prescribe any plan for which a
certificate of witnesses required
section 37 e periodical inspection of
plan where a plan that have been
prescribed under Section 27b shall be
inspected by an officer or a licensed
person as such periodics and lastly
section 27 I have special scheme of
inspection where an occupy you may apply
to the direct the general for an
approval for a special skill of
inspection pertaining to inspections for
certain classes of plan and is also very
together with such piece as the minister
May prescribe our regulation of
practitioner by standardize the
registration supervision and
accountability of course practitioner
and the legislation so that they can
with the commitment and professionalism
professionalism level in Arch
practitioner the purpose of the
Innovation is to ensure supervision of
control and legal proceeding taken if
they fail in implementing assign
responsibilities there there is also
have a final section in 578 from 15 and
registered training provider which is
section 31b activities to be carried out
by confident person and registered
training provider section 31c
application for training for application
for registration section 31d validity of
registration section 31 e-renewal of
registration and Lasting session 31 F10
selection of registration power
regulation Council of occupational
safety and health and approach by
increase and cost Effectiveness and and
the maximum membership is 25 people
regardless of whether the member is from
government employer employees NCO
academies and professionals and lastly
you need to be aligned with the
complexity development of the industry
okay we can see the distance of um
between the executives in 1994 and and
they were new at the main safety thank
you so for the employees the number of
employment certificates
is five and for their Technologies which
is really effectively objectives in late
1990s and then in the submission
education akkp is five and then for the
ministry and Department physically yes
equal or more than choose while the
maximum number for the registrative in
the enormous activity field is required
including expecting processing and
administrative development or
representatives and then for the
Professional Organization uh the the
previously it was a store of more than
two people which include which must
include once involved and then in the
new line in the new um
it was uh equal or more than two uh it
was including uh one day and then for
the CMS suggested it was represented by
the wrong number which could be the
Observer by the the new and Community
representative is from klccs
here we can see the difference in
penalties that uh of the existing
penalty and the effectment Technologies
for the generation of this uh it was
maximum in one year and then for the
offensive employers application uh it
was uh 100K uh or the first
imprisonment is between increasing it to
to use for the MMA penalties it was a
500c ingredients we checked and then
follow the offense in employee
application uh the existing penalties is
one to 50
beautifies for three months and for the
new uh electronics the maximum penalties
is to see Indonesia and the person also
to one and then for the
it also have a lower investment which is
two years and then the continuous
offense foreign
question from the Vlog the first
question is uh since when 5.4 has to be
amended to add a1684 instead because it
isn't doing enough to ensure worker
safety envelope before this so we can
answer this question okay thank you for
the question so uh OSHA 1994 which is
act one
five one four are established to prevent
and protect the workers against hazards
and it risks in connection with their
activities at work but we need to know
the reason why previous law need to be
amended over time because the provision
need to be adjusted to respond to the
new needs for example to ensure that all
the workers are always protected the
amended Ultra scope applicability is now
more inclusive and extend to any place
where is carried up including work from
home so it has an improvement and it's
bigger than existing ad which applies to
only a specific industry thank you
nothing
um so the next question is does an
increase in penalties can work for GLC
or a huge company that has a lot of cash
to pay and any offense to them maybe I
will answer these questions so in my
opinions uh DLC company or huge company
for example a Nestle or Uniqlo they are
well-known company in Wellness brain so
this brain usually they have high
extended and very particular in
maintaining their reputations and films
among customer and stakeholder so if
they're assaulted for any offense and
directly it will lead to the huge loss
in their sales and that's why it will
disrupt your cash flow and your
operations the uh the money that's
supposedly go to the in maintaining the
operations but it need to use uh to pay
the penalty so you know hand it also
will affect on their sales and also any
business deals with the customer and
stakeholder
as the customer as a in stakeholder will
priori on their integrity and obligation
as employer in maintaining uh the safety
and health of the worker itself so I
believe the increase in penalties make
uh this type of huge company to become
more uh Beware and
field of punishments like to avoid any
huge loss and saying the question yeah
next is uh
2022 play a role in creating and sustain
a safe and healthy working condition in
Asia okay thank you for the questions uh
I think the amended OSHA play a role to
sustain a safe and healthy working
conditions as it allows employees uh to
proactively safeguard their health and
safety for instance employees have the
33 right to remove them stuff from Aries
of death or injuries at their workplace
after they informed the employer the
employee fails to take any actions to
remove the dungeon so I think uh OSHA
2022 play a role in creating and sustain
a safe and healthy working condition in
Malaysia since I think in
1967 will be incorporated into a a one
CA 410 delicious proceedings under the
FMA 1967 continues due for the question
uh Tasha so obviously from based on
class six any illegal proceedings that
was taken before the effective repeal
can be initiated continue or enforce
under under age is a factory missionary
act so any investigation papers
compounds or any ongoing prosecutions
that was taken before uh according to
the FMA
uh act should continue until complete
and the question for today is housing
employers prepare for the implementation
and enforcement of the elementary so let
me answer this question so before the
amendment of Osha current can comes to
the facts uh employers should be aware
of all the key changes mentioned in the
a new lock and then so what we can do
here is uh by this we can start by
filming up uh the workplace health and
safety policy and also create a risk
assessment guide uh so that we so that
uh
uh we can conduct necessary safety and
health checks and a workplace health and
safety policy is essential uh so it also
helps uh to if you can out if we can
outline a commitment uh to provide a
safe and healthy workplace fertilizing
on the safe working method and the safe
use of equipment
um uh the policy also should include
information on how the company is
keeping the team safe and all the
necessary communication required are
relating to the safety information and
presidents on managing workplace
injuries and how we can ensure a safety
thing to work post interview so when
Once the policy has been updated and
finalized we can we should also ensure
that everyone across the company has
read and acknowledged it so that's all
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