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Why is the 28-year-old OSH-related act in Malaysia considered outdated?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

Outlines

00:00

🏭 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.

Keywords

💡Industrialization

Industrialization refers to the process where a nation or region shifts from an agrarian economy to one dominated by manufacturing and services. In Malaysia, this process has been marked by significant evolutionary changes over the past decade, with a focus on economic growth and structural change. The transcript highlights the development of industrial hubs as a major springboard for economic growth, which is exemplified by the establishment of export processing zones and the shift towards export-oriented industrialization. This shift has been crucial in attracting foreign direct investment and creating employment opportunities, thus fostering economic development.

💡OSH Legislation

OSH (Occupational Safety and Health) Legislation encompasses the laws, regulations, and standards that ensure a safe and healthy working environment. The transcript discusses the significant changes in Malaysia's OSHA (Occupational Safety and Health Act) and FMA (Factories and Machinery Act), which were amended to streamline administration, strengthen existing legislation, and provide higher protection for employees. The amendments are aimed at easing the compliance burden on industries by requiring them to adhere to a single act instead of multiple acts, thus facilitating industry growth while maintaining safety standards.

💡OSHA Amendment Act

The OSHA Amendment Act refers to the legal changes made to the Occupational Safety and Health Act in Malaysia. As mentioned in the transcript, these amendments were gazetted on March 16, 2022, and are designed to address new challenges in the workplace. The act now applies to all places of work, including remote working arrangements, and has introduced higher penalties for non-compliance, thus emphasizing the importance of a safe and healthy work environment.

💡FMA Repeal Act

The FMA (Factories and Machinery) Repeal Act is part of the legislative changes that have taken place in Malaysia to consolidate and update occupational safety and health regulations. The transcript indicates that the Factories and Machinery Act 1967 has been repealed, and its operations are now dealt with under the new amendments. This repeal is part of the effort to simplify and strengthen the legal framework for occupational safety and health.

💡Self-Regulation

Self-regulation in the context of the transcript refers to the concept where industries and businesses are empowered to manage and regulate their own occupational safety and health standards. The new amendments encourage a self-regulating approach, which reduces dependence on government enforcement and promotes a culture of safety and responsibility within the industry. This concept is aimed at enhancing the effectiveness of occupational safety and health management systems.

💡Employee Rights

Employee rights, as discussed in the transcript, have been expanded under the new OSHA act to include the right to remove oneself from imminent danger and the right to a safe working environment. This highlights a significant shift towards ensuring the well-being of workers and recognizing their role in maintaining a safe workplace.

💡Risk Assessment

Risk assessment is a process of identifying, evaluating, and controlling workplace hazards. The transcript mentions that the new OSHA act requires risk assessments to be conducted at the workplace, which is a proactive measure to prevent accidents and ensure the safety of employees. This requirement is part of the broader effort to strengthen the occupational safety and health management system.

💡Employer and Principal Responsibilities

The transcript outlines the broadened responsibilities of employers and principals under the new OSHA act. This includes ensuring the safety of contractors and subcontractors and potentially being held liable for offenses under the act. The amendments emphasize the accountability of those in charge to maintain a safe and healthy work environment.

💡Penalties and Fines

The transcript discusses the increment of penalties for offenses under the new OSHA act, with fines increasing from Ringgit Malaysia 50,000 to 500,000 for certain offenses. This significant increase in penalties reflects the seriousness with which occupational safety and health violations are now treated and serves as a deterrent to non-compliance.

💡Competent Persons

Competent persons, as mentioned in the transcript, are individuals who are legally empowered and accountable for occupational safety and health administrative tasks. The new act emphasizes the role of competent persons, licensed persons, and OSHA training providers in ensuring compliance with safety and health regulations, thus enhancing the overall effectiveness of the occupational safety and health management system.

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

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link on the website displayed

thank you