Occupational Safety And Health (Amendment) Act 2022

Summary

Malaysia'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Why is the 28-year-old OSH-related act in Malaysia considered outdated?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.