Occupational Safety And Health (Amendment) Act 2022
Summary
TLDRMalaysia's industrialization and occupational safety and health (OSH) legislation have evolved significantly. The Occupational Safety and Health Amendment Act and the Factories and Machinery Act (Repeal) Act were gazetted in 2022 to streamline compliance, ease administration, and strengthen OSH. Key changes include a self-regulating approach, enhanced employee protection, mandatory risk assessments, broader employer responsibilities, increased penalties, and the empowerment of competent persons. The amendments aim to improve OSH management and accountability in the workplace.
Takeaways
- 🏭 Industrialization in Malaysia has seen significant evolution, necessitating updates to occupational safety and health (OSH) legislation.
- 📜 The 28-year-old OSH-related act has been amended to address new challenges, with the OSHA Amendment Act and the FMA Repeal Act gazetted on March 16, 2022.
- 🔗 The new laws aim to facilitate industries by simplifying compliance from two acts to one.
- 🛠️ The administration of OSH legislation is eased with the combination of OSHA and FMA into a single act, streamlining enforcement.
- 💼 The amended act strengthens existing legislation, enhancing self-regulation and reducing dependence on government enforcement.
- 🛡️ Employee protection is heightened, with workers gaining rights to remove themselves from imminent danger and a broader definition of adverse effects.
- 📋 The OSH management system is reinforced with new requirements for risk assessment and emergency procedures at workplaces.
- 👷♂️ Employers and principals now bear broader responsibilities, including ensuring safety for contractors and subcontractors.
- 💡 The penalty for offenses has increased significantly, with fines ranging from RM 50,000 to RM 500,000 for various violations.
- 👥 The roles of competent persons, licensed persons, and OSH training providers are empowered and made accountable in OSH administration.
- 🩺 Medical surveillance is redefined as occupational health services, and the definition of 'employer' is clarified for better legal precision.
Q & A
What has been the significant evolutionary process in Malaysia's industrialization over the past decade?
-The industrialization in Malaysia has undergone a significant evolutionary process, which includes changes in legislation related to occupational safety and health (OSH).
Why is the 28-year-old OSH-related act in Malaysia considered outdated?
-The 28-year-old act is considered outdated because it needs to be amended to address new challenges and occupations that have emerged over time.
What were the OSHA Amendment Act and the FMA Repeal Act gazetted on?
-The OSHA Amendment Act and the FMA Repeal Act were gazetted on March 16, 2022, to update the legislation in line with current industrial and occupational safety needs.
What are the three main reasons for migrating the laws related to OSH in Malaysia?
-The laws need to be migrated to facilitate industries, ease the administration of OSH legislation, and strengthen existing legislation in OSH.
How does the new amendment affect the administration of OSH legislation?
-The new amendment combines the OSHA and FMA into one act, simplifying the administration and empowering enablers in OSH legal provisions, which promotes self-regulation.
What are the new rights for workers under the amended OSH Act in Malaysia?
-Workers now have the right to remove themselves from imminent danger and the term 'injury and occupational health' must be addressed as 'adverse effect'.
What is the significance of the new requirement for a risk assessment at the workplace?
-The new requirement for risk assessment at the workplace is significant as it enforces a proactive approach to identifying and managing potential hazards, enhancing overall workplace safety.
How do the broader responsibilities of employers and principals under the new OSH Act impact workplace safety?
-The new OSH Act mandates employers and principals to ensure the safety of contractors and subcontractors, holding company directors or highest officers accountable for offenses, thus promoting a safer work environment.
What is the increment in penalties for offenses under the new OSH Act?
-The increment in penalties ranges from Ringgit Malaysia 50,000 to 500,000 for offenses, including the failure of employers to formulate safety and health policies, and an increase to Ringgit Malaysia 200,000 for violations under certain sections.
How does the empowerment and accountability of competent persons under the new OSH Act affect the workplace?
-The empowerment and accountability of competent persons, licensed persons, and OSH training providers legally enable them in OSH administrative tasks, ensuring a more effective and knowledgeable approach to workplace safety.
What changes have been made to the definition of 'employer' under the amended OSH Act?
-The definition of 'employer' has been clarified through a single definition, removing terms like 'immediate employer' and 'principal employer', simplifying the legal framework and responsibilities.
Outlines
🏭 Evolution of Industrialization and OSH Legislation in Malaysia
The paragraph discusses the significant evolution of industrialization in Malaysia over the past decade, accompanied by changes in occupational safety and health (OSH) legislation. It highlights the need for the 28-year-old Act related to OSH to be amended to address new challenges. The OSH Act Amendment and the FMA Repeal Act were gazetted on March 16, 2022, after long years of debate. The laws are migrated to facilitate industries with a single compliance act, ease the administration of OSH legislation, and strengthen existing legislation in OSH. The new amendments include re-administration of OSH legislation, higher protection of employees, the introduction of an OSH management system, broader responsibilities for employers and principals, increased penalties for offenses, and the empowerment and accountability of competent persons. The paragraph concludes by mentioning that the OSH Act amendment consists of two new parts, 34 amendments, 10 new sections, 4 substitutions, 2 deletions, and one new schedule.
Mindmap
Keywords
💡Industrialization
💡OSH Legislation
💡OSHA Amendment Act
💡FMA Repeal Act
💡Self-Regulation
💡Employee Rights
💡Risk Assessment
💡Employer and Principal Responsibilities
💡Penalties and Fines
💡Competent Persons
Highlights
Industrialization in Malaysia has seen significant evolutionary changes over the past decade.
OSH legislation in Malaysia has also undergone significant changes to keep pace with industrial evolution.
The 28-year-old OSH-related act is in need of amendments to address new challenges.
The OSHA Amendment Act and the FMA Repeal Act were gazetted on March 16, 2022, after long years of debate.
The laws are migrated to facilitate industries, ease administration of OSH legislation, and strengthen existing legislation.
The Factories and Machinery Act 1967 is repealed, but its operation continues for pending applications and legal proceedings.
The new act empowers enablers in OSH legal provisions, promoting self-regulation and reducing dependence on government enforcement.
The new OSH Act applies to all places of work, enhancing employee rights, including the right to remove themselves from imminent danger.
The term 'injury and occupational health' is now addressed as 'adverse effect' in the new legislation.
The new requirement includes the formulation of an OSH policy and conducting risk assessments at the workplace.
Employers and principals now have broader responsibilities, including ensuring the safety of contractors and subcontractors.
Company directors or highest officers may be charged for offenses under the OSHA Act, with the burden of proof on them.
Penalties for offenses have increased, with the maximum penalty rising from RM 50,000 to RM 500,000.
The new act empowers and holds accountable competent persons, licensed persons, and OSH training providers in OSH administrative tasks.
The appointment of a Safety and Health Officer (SHO) is now mandatory for each workplace, enhancing OSH implementation.
Medical surveillance is now referred to as occupational health services, and the definition of 'employer' is clarified.
The summary of the OSHA Act amendment includes 34 amendments, 10 new sections, 4 substitutions, 2 deletions, and one new schedule.
Transcripts
industrialization in malaysia has
undergone in a significant evolutionary
process over the past decade
similarly
the legislation related to osh also has
undergone significant changes however
the 28-year-old ash-related act needs to
be amended in line with new challenges
and occupation
after long years of debate the osha
amendment act and the fma repeal act
were gazetted on march 16 2022
why do these laws need to be migrated
number one
the laws can facilitate to industries
now
the industries have to comply with one
act only compared to two acts before
number two
to ease the administration of osh
legislation
now the osha and fma have combined into
one act and number three
the new amended act has intent to
strengthen existing legislation in ash
by these amendment of two wash-related
laws
what is the significant change
firstly re-administration of ash
legislation the factories and machinery
act 1967 is repealed however the
operation of repealed act be dealt for
the case of a pending application the
continuance of legal proceedings etc
under the repealed act legalized the
administrative work through the
empowerment of enablers in osh legal
provisions it provides more value added
for enhancement of self-regulation
concept and us hence this concept of a
self-regulating approach will not be too
dependent on government enforcement
number two
higher protection of employee the newash
act has now applied to all places of
work workers has the rights about ash
including the right to remove themselves
from imminent danger also the term of
injury and occupational health has now
to be addressed as adverse effect
number three ash management system
ash management system through the
formulation of ash policy has been
further enlightening to all places of
work
there is also the new requirement of
risk assessment which must be conducted
at the workplace
the new requirement of law also has
enforced the development and
implementation of procedures for dealing
with emergencies at workplace
number four
broader responsibilities of employer and
principal in us mandatory requirement
for principal employers to ensure the
safety of contractors and subcontractors
including those employed by them as far
as reasonably practicable company
directors or highest officers may be
charged severally or jointly for
offenses under osha act the burden of
proof is upon the company directors or
highest officers to prove they are not
liable
next is increment of penalty from
ringgit malaysia 50 000 to 500 000
ringgit for offenses including the
failure of employers to formulate safety
and health policies second penalty of
increment to ring at malaysia 200 000
which was previously only 20 000 ringgit
for violations under section 20 and
section 21 in the subject of
manufacturers duty on plant and
materials at the workplace
number six empowerment and
accountability of competent persons
licensed persons and ash training
providers to be legally enabled in the
osha administrative task next safety and
health officer does not necessarily to
have a status of employee in the company
however each appointment of sho is only
for one place of work effective at any
one time the new insertion of
requirement for the appointment of
occupational safety and health
coordinator at the place of work it
could be believed that the ash
implementation can be further enhanced
by the appointment of competent person
other changes are medical surveillance
should now be known as occupational
health service
and
the meaning of employer is more clearly
referred to through a single definition
by removing the terms such as immediate
employer and principal employer
therefore the summary of amendment of
osha act shall be consist of two new
parts in amended law 34 amendments 10 of
new sections 4 substitutions 2 deletions
and finally one new schedule will take
effect for this new amendment of osha
act
for more information you can visit the
link on the website displayed
thank you
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