Malaysia

Malaysia has a comprehensive framework for ensuring health and safety within the workplace. The primary pieces of legislation are the Occupational Safety and Health Act 1994 (Act 514), the Factories and Machinery Act 1967 (Act 139), and the Petroleum (Safety Measures) Act 1984. These laws set out the duties of employers, employees, and others in safeguarding workplace wellbeing, prioritize safety within factories and industrial settings where machinery is used, and provide specific regulations for the petroleum industry, respectively.

Key Principles of Health and Safety Legislation

Malaysian health and safety laws are built on the following core principles:

• Employers' General Duties: Employers have the overarching responsibility to provide a safe and healthy work environment. This includes maintaining safe workplaces, systems, and equipment, providing adequate information, instruction, training, and supervision, and establishing a written safety and health policy.
• Employees' Duties: Employees must take reasonable care to protect their own safety and that of others affected by their actions, cooperate with the employer's safety efforts, wear and use provided personal protective equipment (PPE), and report potential hazards or workplace accidents.
• Safety and Health Committees: The law mandates the establishment of committees in workplaces exceeding 40 employees to promote collaborative health and safety efforts.

Specific Areas of Regulation

Malaysian health and safety laws cover a wide range of workplace safety and health aspects, including hazard identification and risk control, use of machinery and equipment, chemical hazards, fire safety, first aid, and incident reporting and investigation.

Enforcement and Penalties

The Department of Occupational Safety and Health (DOSH) is the primary agency responsible for enforcing health and safety legislation. DOSH officers conduct inspections and have the authority to issue improvement notices or prohibition orders if workplaces are found non-compliant. Violations of health and safety laws can result in fines, imprisonment, or both. Penalties vary according to the severity of the offense.

Evolving Health and Safety Landscape in Malaysia

Malaysia has made progress in improving health and safety, but challenges remain. Efforts are underway to strengthen self-regulation by workplaces along with stricter enforcement measures. Additionally, a broader focus is developing to include not only physical hazards but also psychosocial well-being within workplace health and safety initiatives.

Occupational health and safety (OSH) is a critical aspect of any workplace. It involves the systematic identification of workplace hazards, which can be physical, chemical, biological, ergonomic, or psychosocial. The risks associated with these hazards are evaluated using risk matrices and other tools, and appropriate control measures are implemented following the hierarchy of controls, which includes elimination, substitution, engineering, administrative, and personal protective equipment (PPE).

Hazard Identification and Risk Assessment

Hazard identification and risk assessment are key components of OSH. This involves the systematic identification of workplace hazards and evaluating the risks associated with those hazards using risk matrices and other tools. Appropriate control measures are then implemented following the hierarchy of controls.

Workplace Safety

Workplace safety covers various areas, including machinery safety, electrical safety, fire safety, and work at height. Machinery safety regulations focus on guarding, inspection, and maintenance, while electrical safety standards cover safe electrical installations, work practices, and lockout/tagout procedures. Fire safety standards are in place for fire prevention, fire-fighting equipment, emergency evacuation plans, and training. Measures are also in place to prevent falls when working at height, including scaffolding, fall protection systems, and training.

Occupational Health

Occupational health focuses on chemical safety, noise exposure, and occupational diseases. Chemical safety regulations dictate control banding methods, exposure monitoring, health surveillance, and the use of safety data sheets (SDS). Noise exposure regulations establish permissible noise levels, hearing protection requirements, and audiometric testing programs. There are also measures in place for the prevention, recognition, reporting, and compensation for occupational diseases.

Workplace Environment and Ergonomics

The workplace environment and ergonomics are also important aspects of OSH. This includes indoor air quality, lighting, and ergonomics. Guidelines may address ventilation, temperature, humidity, and control of contaminants for indoor air quality. Appropriate lighting levels are maintained to prevent eye strain and ensure visibility. The design of workstations and tasks is also considered to minimize musculoskeletal disorders.

Emergency Preparedness and Response

Emergency preparedness and response involve plans for fires, chemical spills, natural disasters, and medical emergencies. Provisions are also made for trained first aid personnel, first aid kits, and access to medical facilities.

OSH Training and Awareness

OSH training and awareness are crucial for maintaining a safe workplace. New employees receive OSH orientation, including workplace hazards and safe work procedures. Specific training is provided on topics like hazard recognition, PPE use, machine operation, and emergency procedures. Regular, short safety briefings at the job site, known as toolbox talks, are also conducted.

Worker Participation

Worker participation is encouraged in OSH management. Workplaces with over 40 employees require safety and health committees for collaborative OSH management. Workers also have the right to be consulted on OSH matters and raise concerns.

Continuous Improvement

Continuous improvement is a key aspect of OSH. This involves enhancing OSH standards and practices on an ongoing basis.

Workplace inspections are a crucial tool in proactive occupational safety and health enforcement. They serve to assess compliance, prevent accidents and illnesses, and raise awareness about safety in the workplace.

Inspection Authority

The Department of Occupational Safety and Health (DOSH) officers are authorized to conduct inspections, often unannounced, access workplaces, examine relevant records, and interview personnel.

Types of Inspections

Inspections can be categorized into routine inspections, complaint-based inspections, accident investigations, and special focus inspections.

Inspection Criteria

During an inspection, DOSH officers examine a wide range of aspects, including hazard identification and control measures, workplace safety practices, chemical safety, occupational health issues, emergency preparedness and response plans, OSH documentation, and worker participation and safety committees.

Inspection Frequency

The frequency of inspections varies, based on factors such as workplace size and risk classification, past compliance history, and specific inspection programs or initiatives.

Inspection Procedures

The inspection process includes entry and presentation of credentials, an opening meeting, a walk-through inspection, interviews and record review, and a closing meeting.

Follow-up Actions

Follow-up actions may include the issuance of notices, compounding of offenses, prosecution, and re-inspections.

Importance of Workplace Self-Inspections

Beyond formal DOSH inspections, workplace self-inspections offer a proactive approach to identify and address hazards. This promotes continuous improvement and ownership of OSH efforts.

Employers are primarily responsible for reporting workplace accidents, dangerous occurrences, and occupational poisoning/diseases. Serious or fatal accidents must be reported immediately to the nearest DOSH office and SOCSO. Reports should include details of the incident, nature of injuries, and information on the affected person(s).

Workplace Accident Investigations

Employers are required to investigate the accident to identify root causes and prevent recurrence. For serious cases, DOSH conducts in-depth investigations to determine if violations of OSH regulations occurred, potentially leading to legal action. The investigation process includes preserving the accident scene, gathering evidence, analyzing work processes and hazards, identifying contributing factors, and recommending corrective and preventive measures.

Compensation Claims

Malaysia's social security scheme provides compensation for workplace injuries and diseases. Employees covered under SOCSO are eligible for various benefits such as medical benefits, temporary disablement benefits, permanent disablement benefits, dependants' benefits (in case of death), and rehabilitation. Employees or their representatives (next of kin) need to file claims with SOCSO. Medical Assessment Boards determine the type and degree of disability in compensation cases.

Key Points to Remember

Employers must maintain comprehensive accident records, including details of the incident, investigation findings, and corrective actions taken. This is crucial for analysis, prevention, and legal compliance. Workers have the right to refuse unsafe work, report workplace hazards, and participate in OSH matters without fear of reprisal. While compensation mechanisms exist, the ultimate goal is to prevent workplace accidents and illnesses from occurring in the first place.