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.

Outlines

00:00

🌊 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.

05:01

🏭 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.

10:02

📈 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.

15:04

🛠️ 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.

Keywords

💡Occupational Health and Safety Act (OSHA)

OSHA refers to the Occupational Health and Safety Act, which is a legislation designed to prevent and protect workers against hazards and risks in their work environment. In the video, OSHA is central to the discussion as it is being amended to better ensure worker safety. The script mentions amendments to OSHA, including risk assessment and principal obligations, which are aimed at expanding the responsibilities of employers and improving workplace safety.

💡Risk Assessment

Risk assessment is a systematic process of evaluating the risks associated with work activities to identify hazards, analyze risks, and implement control measures. In the context of the video, risk assessment is a key obligation under the OSHA amendments, requiring employers and self-employed persons to carry out assessments to ensure safety and health in the workplace. The script highlights the importance of risk assessment in identifying and controlling hazards to prevent accidents and injuries.

💡Principal Obligation

Principal obligation refers to the responsibilities of a principal, such as a developer or contractor, in ensuring the safety and health of workers under their direction. The script discusses how the OSHA amendments expand these obligations, making principals accountable for the safety of workers employed by contractors or subcontractors under their supervision. This concept is crucial for understanding the extended liability and duty of care expected from those in charge of projects.

💡Worker Rights

Worker rights in the context of the video pertain to the protections and entitlements provided to employees under the OSHA amendments. These rights include the ability to refuse dangerous work and the assurance of protection from retaliation for exercising such rights. The script emphasizes the improvements in worker rights as a means to empower employees to safeguard their health and safety in the workplace.

💡Machinery Integrity

Machinery integrity involves the management and assessment of machinery to ensure it is safe and without defects. The script mentions that the OSHA amendments include provisions for machinery integrity, which encompasses management, assessment, eligibility recognition, and special schemes of inspection. This concept is important for maintaining the safety of machinery in the workplace and preventing accidents caused by faulty equipment.

💡Licensed Person

A licensed person, as discussed in the video, is an individual who is authorized to carry out certain tasks, such as machinery assessments and issuing eligibility recognition. The script refers to the role of licensed persons in ensuring that machinery is safe and compliant with regulations, which is a critical aspect of maintaining workplace safety and adhering to the OSHA amendments.

💡Occupational Health Services

Occupational health services provide for the health protection and well-being of employees during work, promotion of health and prevention of occupational diseases. The script highlights the role of these services in the OSHA amendments, emphasizing the importance of employee health in the workplace and the need for companies to provide for these services to maintain a safe and healthy work environment.

💡Penalties

Penalties in the context of the video refer to the legal consequences faced by employers or individuals who fail to comply with the OSHA regulations. The script discusses the increase in penalties under the amended OSHA, which serves as a deterrent to non-compliance and ensures that there are significant repercussions for failing to maintain workplace safety.

💡Safety and Health Officer (SHO)

A Safety and Health Officer (SHO) is a competent person appointed by an employer to ensure compliance with safety and health regulations in the workplace. The script mentions the requirement for certain workplaces to appoint an SHO under the OSHA amendments, highlighting the importance of having dedicated personnel to oversee and implement safety measures.

💡Risk Control Measures

Risk control measures are strategies and actions taken to eliminate or reduce safety and health hazards in the workplace. The script discusses how risk assessments should lead to the implementation of such measures, which are crucial for preventing accidents and maintaining a safe work environment as per the OSHA amendments.

💡Regulation of Practitioner

The regulation of practitioner refers to the standardization of the registration, supervision, and accountability of occupational safety and health practitioners. The script mentions this as part of the OSHA amendments, aiming to ensure that practitioners maintain a high level of professionalism and commitment to workplace safety.

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