Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Malaysia. Compliance with national occupational safety and health regulations is not just a legal obligation but also crucial for protecting employees, preventing accidents and illnesses, and maintaining productivity. Employers are responsible for creating an environment where risks are minimized and employees are empowered to work safely.
The regulatory landscape in Malaysia is designed to promote a proactive approach to workplace safety, emphasizing risk management, training, and clear responsibilities for both employers and employees. Understanding and adhering to these requirements is essential for any company operating within the country.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational safety and health in Malaysia is the Occupational Safety and Health Act 1994 (OSHA 1994). This Act provides a broad framework for securing the safety, health, and welfare of persons at work, protecting others against risks arising from work activities, and promoting an occupational environment suited to the physiological and psychological needs of persons at work. It applies to all places of work in Malaysia, except those covered by the Factories and Machinery Act 1967 (FMA 1967), although there is a move towards consolidating under OSHA 1994.
The Department of Occupational Safety and Health (DOSH), under the Ministry of Human Resources, is the main government agency responsible for enforcing OSHA 1994 and its subsidiary regulations. DOSH develops policies, standards, and guidelines, conducts inspections, and investigates accidents.
Several regulations and orders have been enacted under OSHA 1994 to address specific hazards and requirements. Key subsidiary legislation includes:
- Occupational Safety and Health (Safety and Health Committee) Regulations 1996
- Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 (CLASS Regulations)
- Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 (USECHH Regulations)
- Occupational Safety and Health (Noise Exposure) Regulations 2019
- Occupational Safety and Health (Risk Assessment) Regulations (Expected to be introduced or further clarified, building upon existing duties)
These laws establish the legal duties of employers, employees, manufacturers, and others involved in work activities to ensure a safe working environment.
Occupational Health and Safety Standards and Practices
Compliance with Malaysian OSH laws requires implementing specific standards and practices within the workplace. A cornerstone of this is risk assessment, typically following the Hazard Identification, Risk Assessment, and Risk Control (HIRARC) methodology. Employers are required to identify hazards, assess the risks associated with them, and implement control measures to eliminate or reduce those risks. This process must be documented and reviewed periodically.
Safety and Health Committees are mandatory in workplaces with 40 or more employees. These committees serve as a platform for consultation and cooperation between employers and employees on OSH matters. They are responsible for reviewing OSH policies, investigating complaints, inspecting the workplace, and discussing OSH programs.
Training is a critical component. Employers must provide adequate information, instruction, training, and supervision to employees to ensure their safety and health at work. This includes general OSH awareness training, specific training related to job hazards, emergency procedures, and the proper use of personal protective equipment (PPE).
Documentation is essential for demonstrating compliance. This includes maintaining records of:
- Risk assessments (HIRARC)
- Safety and Health Committee meetings and activities
- Employee training
- Workplace inspections
- Accidents, dangerous occurrences, occupational poisoning, and occupational diseases
- Maintenance records for machinery and equipment
- OSH policies and procedures
Implementing these practices helps create a systematic approach to managing OSH risks.
Workplace Inspection Processes and Requirements
Workplaces in Malaysia are subject to inspections by DOSH officers to ensure compliance with OSH legislation. DOSH inspections can be routine, targeted (e.g., focusing on specific industries or hazards), or triggered by complaints or accidents.
During an inspection, DOSH officers may:
- Enter and inspect any workplace.
- Examine records, documents, and registers.
- Interview employers, managers, and employees.
- Take samples or photographs.
- Issue notices (Improvement Notice or Prohibition Notice) if non-compliance or immediate danger is found.
Employers must cooperate with DOSH inspectors and provide access to the workplace and relevant documentation.
In addition to external inspections, employers are required to conduct internal workplace inspections regularly. These inspections help identify potential hazards, evaluate the effectiveness of existing control measures, and ensure that OSH procedures are being followed. Findings from internal inspections should be documented, and corrective actions implemented promptly.
Workplace Accident Protocols and Reporting
In the event of a workplace accident, dangerous occurrence, occupational poisoning, or occupational disease, specific protocols must be followed, and reporting to DOSH is mandatory.
The general steps include:
- Provide immediate first aid and medical attention to the injured person(s).
- Secure the accident site to prevent further incidents and preserve evidence for investigation.
- Investigate the incident to determine its root cause. This investigation should involve relevant personnel, including the Safety and Health Committee (if applicable).
- Report the incident to DOSH within the stipulated timeframe using the prescribed forms.
Reporting requirements vary depending on the severity and type of incident:
| Incident Type | Reporting Timeline to DOSH |
|---|---|
| Fatal accident | Immediately (by the quickest means) and written report within 7 days |
| Serious bodily injury (as defined in the Act/Regulations) | Immediately (by the quickest means) and written report within 7 days |
| Dangerous occurrence (as defined in the Act/Regulations) | Immediately (by the quickest means) and written report within 7 days |
| Occupational poisoning or occupational disease (diagnosed by a medical practitioner) | Within 7 days of diagnosis |
Failure to report incidents as required is an offense under OSHA 1994. The investigation findings should lead to corrective and preventive actions to avoid recurrence.
Employer and Employee Responsibilities for Workplace Safety
OSHA 1994 clearly outlines the duties of both employers and employees in ensuring workplace safety and health.
Employer Responsibilities:
- To ensure, so far as is practicable, the safety, health, and welfare at work of all their employees.
- To provide and maintain a safe plant and systems of work.
- To make arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage, and transport of articles and substances.
- To provide necessary information, instruction, training, and supervision.
- To maintain a safe place of work and safe access/egress.
- To provide and maintain a safe working environment with adequate facilities.
- To formulate a safety and health policy (for workplaces with 5 or more employees).
- To establish a Safety and Health Committee (for workplaces with 40 or more employees).
- To conduct risk assessments (HIRARC).
- To monitor the working environment and employee health.
Employee Responsibilities:
- To take reasonable care for their own safety and health and that of others who may be affected by their acts or omissions at work.
- To cooperate with the employer and other persons in complying with the Act and regulations.
- To use correctly any item provided for safety and health protection.
- To comply with any instruction or measure on OSH issued by the employer or any other person in compliance with the Act and regulations.
Both parties play a crucial role in fostering a positive safety culture and preventing workplace incidents. Compliance is a shared responsibility that benefits everyone in the organization.
