OCCUPATIONAL

SAFETY AND HEALTH

ACT, 1994

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BACKGROUND OF OSH OSHA, 1994
LEGISLATION

The traditional approach relied on setting standards for specific

hazards in the form of regulations.

The legislation developed a piecemeal fashion to cover new

hazards.

The traditional approach had major shortcomings including being

outdated, prescriptive and limited in coverage.

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BACKGROUND OF OSH OSHA, 1994
LEGISLATION

A new Act, known as Occupational Safety and Health Act, 1994

was passed on 24th February 1994.

The Act, which provided the legislative framework to promote,

stimulate and coverage high standards of safety and health at
work, is superimposed over existing safety and health legislation,
such as FMA 1967.

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 FMA,
FMA,1967
1967

BACKGROUND OF OSH OSHA, 1994

LEGISLATION

The Act cover more than 7 millions people at work, in virtually all
economic sectors except the Armed Forces and maritime.

The primary aim of the act is to promote safety and health

awareness and to install a safety and health culture among all the
Malaysian workforce.

It is hoped that the new Act will ensure that all parties concerned,
particularly employers and workers, are more responsible and
accountable in their efforts to provide and maintain a safe and
healthy workplace for the ever-growing labour force.

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OSHA, 1994

An Act to make further provisions for securing the

safety, health and welfare of persons at work, for
protecting others against risks to safety or health in
connection with the activities of persons at work, to
establish the National Council for Occupational
Safety and Health, and for matters connected
therewith.

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OSHA, 1994

OSHA 1994 has:

15 parts
67 sections
3 schedules
9 regulations/orders

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 OSHA, 1994
PART 1 PRELIMINARY

Section 1 : Application

Apply throughout Malaysia to the industries with

EXCEPTION to work :
 on board ships

 the Armed Forces

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 OSHA, 1994
PART 1 PRELIMINARY

Section 2 : Prevailing Laws

 In addition to and not in derogation of, any other law

relating to occupational safety & health

 OSHA 1994 will superceded any other written law

pertaining to occupational safety and health in the
event of any conflict or inconsistency

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 OSHA, 1994
PART 1 PRELIMINARY

Section 3 : Interpretation

 Contract of service
~ means any agreement, whether oral or in writing and
whether express or implied, whereby one person
agrees to employ another as an employee and that
other agrees to serve him employer as an employee
and includes an apprenticeship contract.

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 OSHA, 1994
PART 1 PRELIMINARY

Section 3 : Interpretation

 Employee
a person who is employed for wages under a contract of
service on or in connection with the work of an industry
to which this Act applies and :
a) who is directly employed
b)who is employed by or through an immediate
employer
c) whose services are temporarily lent or let on hire

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 OSHA, 1994
PART 1 PRELIMINARY
Section 3 : Interpretation
 Place of work ~premises where persons work or premises
used for the storage of plant or substance
 Practicable ~practicable having regard to:
a) the severity of the hazard or risk in question
b) the state of knowledge about the hazard or risk and
any way of removing or mitigating the hazard or risk
c) the availability and suitability of ways to remove or
mitigate the hazard or risk
d) the cost of removing or mitigating the hazard or risk

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 OSHA, 1994
PART 1 PRELIMINARY

Section 3 : Interpretation

 Premises ~:
a) any land, building or part of any building
b) any vehicle, vessel or aircraft
c) any installation on land, offshore installation or
other installation whether on the bed of or
floating on any water
d) any tent of movable structure

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 OSHA, 1994
PART 1 PRELIMINARY

Section 3 : Interpretation

 For the purpose of this Act:

a) Work – an employee of as a self-employed person
b) An employee is deemed to be at work throughout the time
when he is at his place of work but not otherwise; and
c) A self-employed person is at work throughout such time
as he devotes to work as a self employed person

Continue…

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 OSHA, 1994
PART 1 PRELIMINARY

Section 4 : Object of the Act

 To secure the safety, health and welfare of persons at work against

risks to safety or health arising out of the activities of persons at
work.
 To protect persons at a place of work other than employees
 To promote an occupational environment for persons at work which
is adapted to their physiological and psychological needs.
 To enable previous legislation to be replaced by regulations and
approved industry codes of practice operating in combination with
the provisions of this Act

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PART III : NATIONAL COUNCIL FOR OSHA, 1994
OCCUPATIONAL SAFETY AND
HEALTH

Part III consists of section 8 to 14, pertains to :

1. establishment of the council
2. membership of the council
3. power and functions of the council
4. appointment of secretary to the council
5. and annual report

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 PART IV GENERAL DUTIES OF OSHA, 1994
EMPLOYERS AND SELF-EMPLOYED
PERSONS
Section 15 : General Duty Of Employers and Self-Employed
Persons

It should be a responsibility of every employer and every self-

employed person to ensure, so far as is practicable, the safety,
health and welfare at work of all his employees.

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 PART IV GENERAL DUTIES OF OSHA, 1994
EMPLOYERS AND SELF-EMPLOYED
PERSONS
Section 15 : General Duty Of Employers and Self-Employed
Persons
The matters to which the duty extends include in particular:

a) the practicable provision and maintenance of plant and systems of

work.
b)the practicable, safety and absence of risks to health arrangements
in connection with the use or operation, handling, storage and
transport of plant and substances.
c)the provision of such information, instruction, training and
supervision as is necessary to ensure, so far as is practicable, the
safety and health at work of his employees.

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 PART IV GENERAL DUTIES OF OSHA, 1994
EMPLOYERS AND SELF-EMPLOYED
PERSONS
Section 15 : General Duty Of Employers and Self-Employed
Persons
The matters to which the duty extends include in particular:

d)the maintenance of place of work in a good condition that is safe

and without risks to health and provision and maintenance of the
means of access to and egress from it.
e)the provision and maintenance of a working environment for his
employees that is safe, without risks to health, and adequate as
regards facilities for their welfare at work.

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 PART IV GENERAL DUTIES OF OSHA, 1994
EMPLOYERS AND SELF-EMPLOYED
PERSONS
Section 16 :Duty To Formulate Safety and Health Policy

An employer must prepare a written statement of his

general policy, organization and arrangement for safety
and health at work, keep it up-to-date by revision and it to
the notice of his employee

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 PART IV GENERAL DUTIES OF OSHA, 1994
EMPLOYERS AND SELF-EMPLOYED
PERSONS
Section 19 : Penalty

 An fine not exceeding RM 50,000 or to

imprisonment for a term not exceeding two years
or both

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 OSHA, 1994
PART VI : GENERAL DUTIES OF
EMPLOYEES

Section 24 : General Duties of Employee At Work

 Employees have a duty under the Act while at work :
 Take reasonable care for the safety and health of himself and
other person
 To co-operate with his employer or any other person in the
discharge of any duty
 To wear at all times any protective equipment or clothing
provided by the employer
 To comply with any instruction on occupational safety and
health instituted by his employer

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 OSHA, 1994
PART VI : GENERAL DUTIES OF
EMPLOYEES

Section 25 :Duty Not To Interface With or Misuse Things

Provided
A person who intentionally, recklessly or
negligently interferes with or misuses anything
provided or done in the interests of safety,
health and welfare in pursuance of this Act
should be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding
RM 20,000 or to imprisonment for a term not
exceeding two years or to both.

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 OSHA, 1994
PART VI : GENERAL DUTIES OF
EMPLOYEES

Section 27 : Discrimination
No trade union and no employer should dismiss an employee, injure
him in his employment, or alter his position to his detriment by
reason only that the employee
 Makes a complaint
 Member of a safety and health committee
 Exercises any of his functions as a member of the safety and health
committee
 - fine not exceeding RM 10,000 or to a term or imprisonment not
exceeding one year or to both

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 OSHA, 1994
PART VII : SAFETY AND HEALTH
ORGANISATIONS

Section 29 : Safety and Health Officer

 Requires the occupier of the place of work to employ a

competent person to act as safety and health.
 The Safety and health officer to ensure the provisions of this
Act and its regulation and the promotion of safety conduct of
work at the place of work.
 He or she should possess qualifications or have received
approved training

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 OSHA, 1994
PART VII : SAFETY AND HEALTH
ORGANISATIONS

Section 29 : Safety and Health Officer

 An employer who contravenes the provisions of this

section should be guilty of an offence and should, on
conviction, be liable to a fine not exceeding RM 5000
or to a term or imprisonment not exceeding six (6)
months or to both.

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 OSHA, 1994
PART VII : SAFETY AND HEALTH
ORGANISATIONS
Section 30 : Establishment of Safety and Health
Committee at place of work
Every employer should establish a safety and health committee at the
place of work IF,
there are forty or more persons employed at the place of work or
the Director General directs the establishment of such a committee at
the place of work

Every employer should consult the safety and health committee with
provide advice on measures to secure the safety and health of
employees and assist in organising OSH programmes.

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 OSHA, 1994
PART VII : SAFETY AND HEALTH
ORGANISATIONS
Section 30 : Establishment of Safety and Health
Committee at place of work

A person who contravenes the provisions of this section should be

guilty of an offence and be liable to
 - fine not exceeding RM 5,000 or to imprisonment for a term not
exceeding six months or to both

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 OSHA, 1994
PART VII : SAFETY AND HEALTH
ORGANISATIONS

Section 31 Function of Safety and Health Committee

 Should keep under review the measures taken to ensure the

safety and health of persons at the place of work
 Should investigate any matter at the place of work:
i) which a member of the committee or a person
employed thereat considers is not safe or is a risk to
health and
ii) which has been brought to the attention of the employer

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 PART VIII NOTIFICATION
OF ACCIDENTS, DANGEROUS OCCURRENCE
OCCUPATIONAL POISONING AND OCCUPATIONAL,
DISEASES AND INQUIRY

This part consists of Section 32 to 34 pertains to responsibility

of an employer that an employer must notify the nearest safety
and health office of any accident, dangerous occurrence,
occupational poisoning or disease which has occurred or is
likely to occur at workplace.

A medical practitioner or medical officer attending to a patient

must report to the Director General

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 PART VIII NOTIFICATION
OF ACCIDENTS, DANGEROUS OCCURRENCE
OCCUPATIONAL POISONING AND OCCUPATIONAL,
DISEASES AND INQUIRY

Separate detailed Regulations have been made, cited as

Occupational Safety and Health (Notification of Accident,
Dangerous Occurrence, Occupational Poisoning and
Occupational Disease) Regulations 2004.

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APPLICATION OF THE ACT

This Act shall apply throughout Malaysia to industries

specified below EXCEPT those work on board ships or
the armed forces:
1. Manufacturing
2. Mining & Quarrying
3. Construction
4. Agriculture, Forestry and Fishing
5. Utilities : a) Electricity
b) Gas
c) Water ; and
d) Sanitary Services

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APPLICATION OF THE ACT

6. Transports, Storage and Communication

7. Wholesale and Retail Trades
8. Hotels and Restaurants
9. Finance, Insurance, Real Estate and Business Services
10.Public Services and Statutory Authorities

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