On April 2, 2024, the official gazette of Malaysia announced that the Occupational Safety and Health (Amendment) Act 2022 (hereinafter referred to as the Amendment Act) will come into effect on June 1, 2024. This Act was approved on March 4, 2022, and released on March 16. This amendment updates the Occupational Safety and Health Act that has been in effect since 1994.
Main amendment includes:
1. Expands scope of application:
The Occupational Safety and Health Act (1994) mainly applied to high-risk industries such as manufacturing, services, and construction. The Amendment Act applies to all workplaces in Malaysia, including public services and statutory bodies.
2. Enhances responsibilities of employers:
- Provides and maintain work equipment and systems that are safe and do not pose health risks
- Develops safety arrangements to ensure the safety of construction operations, equipment use, material handling and transportation, with sufficient time, budget, and other resources
- Provides necessary information, guidance training, and supervision to ensure the safety and health of employees
- Maintains the safety of the workplace and access routes, ensuring an environment free from health hazards
- Establishes procedures to deal with emergencies that may arise during work.
3. Enhances duties for risk assessment and control:
Introduces an obligation for risk assessment, requiring employers to assess and control potential safety and health risks.
4. Updates provisions for occupational safety and health training:
Requires practitioners to complete training to enhance their awareness and ability to handle safety and health issues.
Additionally, two subsidiary laws will also come into effect on June 1, 2024, including the Occupational Safety and Health (Licensed Person) Order 2024, Factories and Machinery (Repeal) Act 2022. The implementation of these acts will significantly improve safety standards in Malaysian workplaces.
The full version of the Occupational Safety and Health (Amendment) Act 2022 can be freely accessed through the following website:
https://hgt.cirs-group.com/tools/rsdb/detail/djgfo87eo9hc
