What is OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022?

OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 is Malaysia Amendment Act, cited as Amendment Act A1648 2022, currently marked in force and first recorded in 2022.

Is OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 still in force?

Yes — OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 is currently in force.

How many sections does OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 have?

OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 contains 86 sections.

Where can I read the official version of OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022?

The official text of OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 is published at lom.agc.gov.my.

OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 (A1648)

Q: When did OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 take effect?

OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022 was first recorded in 2022.

Section 1

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 1

Section 2

The Occupational Safety and Health Act 1994 [Act 514], which is referred to as the “principal Act” in this Act, is amended in section 1—

(a)

by substituting for subsection (2) the following subsection:

“(2) Subject to subsection (3), this Act shall apply to all places of work throughout Malaysia including in the public services and statutory authorities.”; and

(b)

by substituting for subsection (3) the following subsection:

“(3) Nothing in this Act shall apply to the work specified in the First Schedule.”.

Amendment of section 3

Section 3

Section 3 of the principal Act is amended—

(a)

in subsection (1)—

(i)

by deleting the definition of “industry”;

(ii)

by inserting after the definition of “self-employed person” the following definition:

‘ “serious bodily injury” means any injury as specified in the Fourth Schedule;’;

(iii)

by inserting after the definition of “Council” the following definition:

‘ “Director General” means the Director

General of Occupational Safety and Health appointed under subsection 5(1);’;

(iv)

by inserting after the definition of “contract of service” the following definition:

‘ “contractor” means any person who contracts with a principal to carry out in whole or in part any work undertaken by the principal in the course of or for the purposes of the principal’s trade, business, profession or undertaking;’;

(v)

by substituting for the definition of “employer”

the following definition:

‘ “employer” means any person who has entered into a contract of service to employ any other person as an employee;’;

(vi)

by deleting the definition of “immediate employer”;

Occupational Safety and Health (Amendment)

(vii)

by deleting the definition of “principal employer”;

(viii)

by inserting before the definition of “occupier”

the following definition:

‘ “licensed person” means a person who is granted a licence under subsection 7a(1);’;

(ix)

by inserting before the definition of “contract of service” the following definition:

‘ “competent person” means a competent person registered under section 31c;’;

(x)

in the definition of “self-employed person”, by substituting for the word “employment” the word

“service”;

(xi)

by substituting for the definition of “officer” the following definition:

‘ “officer” means the officer appointed under subsection 5(1) or (3);’;

(xii)

by substituting for the definition of “employee”

the following definition:

‘ “employee” means any person who has entered into a contract of service with an employer;’;

(xiii)

by inserting after the definition of “prescribed”

the following definition:

‘ “registered medical practitioner” means a medical practitioner registered under the

Medical Act 1971 [Act 50];’;

(xiv)

by inserting before the definition of “self-employed person” the following definition:

‘ “registered training provider” means a training provider registered under section 31c;’;

(xv)

by inserting before the definition of “competent person” as inserted in subparagraph (ix) the following definition:

‘ “certificate of fitness” means a certificate issued under section 27d;’;

(xvi)

by inserting after the definition of “licensed person”

as inserted in subparagraph (viii) the following definition:

‘ “occupational health service” includes service for the protection of an employee’s health at work, for the promotion of health and well-being at place of work, as well as for the prevention of occupational diseases, occupational poisoning and accidents;’;

(xvii)

in the definition of “premises”, in paragraph (b), by inserting after the word “vessel” the words

“, hovercraft”;

(xviii)

by inserting before the definition of “registered m e d i c a l p r a c t i t ioner” as inserted in subparagraph (xiii) the following definition:

‘ “principal” means any person who in the course of or for the purposes of his trade, business, profession or undertaking contracts with a contractor for the execution by or under the contractor of the whole or any part of any work undertaken by the principal;’;

(xix)

by deleting the definition of “secretary”; and

(b)

in subsection (2), by inserting after the words “arising out of” the words “or in connection with”.

Amendment of heading of Part II

Section 4

The heading of Part II of the principal Act is amended by inserting after the word “OFFICERS” the words “, INDEPENDENT

INSPECTING BODY AND LICENSED PERSON”.

Occupational Safety and Health (Amendment)

7

Section 5

Amendment of section 5

The principal Act is amended by substituting for section 5

the following section:

“Appointment of officers, etc.

(a)

a Director General for the purpose of exercising the powers and performing the duties assigned to him under this Act; and

(b)

such numbers of Deputy Director General, Directors,

Deputy Directors, Assistant Directors and other occupational safety and health officers as may be necessary for the purposes of this Act.

(2)

If for any reason the Director General is unable to exercise the powers or perform the duties of his office, such powers or duties shall be exercised or performed by the

Deputy Director General.

(3)

The Minister may appoint any public officer from any scheme of service other than specified in subsection (1)

to be an officer for all or any of the purposes of this Act as specified in the instrument of appointment.

(4)

Subject to such limitations as may be prescribed, the officers appointed under paragraph (1)(b) and subsection (3)

shall perform all the duties assigned, and may exercise all the powers conferred, upon the Director General under this

Act, and every duty so performed and power so exercised shall be deemed to have been duly performed and exercised for the purposes of this Act.

(5)

The officers appointed under paragraph (1)(b) and subsection (3) shall be subject to the control, direction and supervision of the Director General.”.

Amendment of section 6

Section 6

Section 6 of the principal Act is amended—

(a)

in subsection (3), by substituting for the words “An officer appointed under subsection 5(2) and a” the word “A”;

and

(b)

in subsection (4)—

(i)

by substituting for the words “The Director General and all officers appointed under subsection 5(2), and a” the word “A”;

(ii)

by deleting the comma appearing after the words

“subsection (1)”; and

(iii)

in the English language text, by substituting for the words “public servants” the words “a public servant”.

Amendment of section 7

Section 7

Subsection 7(1) of the principal Act is amended by substituting for the words “this Act” the words “paragraph 5(1)(b) and subsection 5(3)”.

Section 8

New sections 7a, 7b, 7c and 7d

The principal Act is amended by inserting after section 7

the following sections:

Quoted provision

Section 7a

(2)

The Minister may, for the purposes of subsection (1)

and without prejudice to the generality of subsection (1), make an order published in the Gazette for the following purposes:

(a)

to prescribe the qualification and standards of competency of persons to be employed by a licensed person;

Occupational Safety and Health (Amendment)

(b)

to prescribe the powers of a person employed by a licensed person to carry out the functions of a licensed person;

(c)

to prescribe the records to be kept by a licensed person;

(d)

to prescribe the returns to be submitted by a licensed person to the Director General at certain intervals;

(e)

to regulate the inspection by the Director General of the premises of a licensed person and the records kept thereat;

(f)

to prescribe inspection standards for a licensed person to comply with; and

(g)

to prescribe the functions or duties to be carried out by a licensed person.

(3)

The Minister may, by order published in the Gazette, authorize a licensed person to demand, prescribe, collect and retain charges, fees or levy in respect of the services provided by the licensed person.

(4)

An order made under subsection (3) shall specify—

(a)

the type of services in respect of which charges, fees or levy may be demanded, collected and retained;

and

(b)

the duration of the authorization to demand, collect and retain the charges, fees or levy.

(5)

A licensed person authorized under subsection (3)

shall—

(a)

maintain such account, books and records in respect of the payment and collection of charges, fees or levy as the Director General may require;

(b)

furnish to the Director General such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the

Director General may require; and

(c)

permit the Director General or any other person authorized in writing by the Director General to have access to or examine or inspect any document, machinery or equipment maintained or used for the payment and collection of charges, fees or levy.

(6)

The authorization of a licensed person under subsection (3) shall not render the Federal Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the licensed person to carry out his obligations under this Act in respect of which charges, fees or levy are demanded, collected and retained.

(7)

If a licensed person contravenes any condition of the licence or any of the provisions of any order made under this section or any of the provisions of subsection (5) with which he is required to comply, the licensed person shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(8)

Notwithstanding the licensing of a person under this section, the Minister may give directions to the

Director General to exercise any of the functions which under the terms of the licence are to be carried out by such person.

Revocation of licence 7b. (1) If the Director General is satisfied that a licensed person has breached any condition of the licence, the

Director General may give a notice in writing to the licensed person requiring him to comply with the condition which he has breached and take all measures stipulated in the notice within the period stated in the notice.

(2)

If by the time the period stipulated in the notice expires the licensed person has failed to comply with the notice, the

Director General shall present a report to the Minister on such failure.

Occupational Safety and Health (Amendment)

(3)

If, after considering the report from the

Director General, the Minister is satisfied that the breach is serious in nature or affects or may affect the safety and health of employees or members of the public and that the licensed person has failed or refused to take or has not taken all measures stipulated in the notice for the purpose of ensuring compliance with the condition which the licensed person has breached, the Minister may give the licensed person a notice stating that he proposes to revoke the licence granted to such person and the notice shall also state—

(a)

the breach alleged against the licensed person and the actions or omissions that constitute the breach;

and

(b)

the period (which shall not be less than thirty days from the date of the notice) within which the licensed person may make representations pertaining to the revocation.

(4)

After the expiry of the period stated in the notice and after considering any representations made by the licensed person, the Minister may decide whether to continue with the proposed revocation or take no further action.

(5)

Where the Minister decides to revoke the licence or take no further action, the Minister shall give a notice to the licensed person to inform him of the decision, and the decision shall come into force on the date the notice is delivered to the licensed person.

(6)

A licensed person shall surrender the revoked licence to the Director General within seven days from the date of receipt of the notice under subsection (5).

(7)

Notwithstanding the revocation of the licence, the validity of any certificate of fitness issued by the licensed person shall continue to be valid until the expiry date of the certificate of fitness and the licenced person shall continue to assume any obligation, duty and responsibility imposed by or in connection with the issuance of the certificate of fitness.

Granting of new licence upon revocation 7c. (1) Upon the revocation of a licence under section 7b, the Minister may, after consulting the Director General, appoint another person to carry out, discharge, assume or perform any of the functions, obligations, duties, responsibilities and conditions conferred or imposed by the revoked licence, and to receive any payments, benefits or privileges which the person whose licence is revoked is entitled to receive or enjoy under the terms and conditions of the licence.

(2)

The person whose licence is revoked shall render all necessary assistance and cooperation to the person appointed by the Minister under subsection (1).

Representing as licensed person 7d. (1) A person shall not represent himself as a licensed person if he was never granted a licence under section 7a or the licence granted to him has been revoked under section 7b.

(2)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.

Substitution of section 9

Section 9

“Appointment of licensed person, etc.

The principal Act is amended by substituting for section 9

the following section:

“Membership of the Council

(a)

five persons from organizations representing employers who, in the opinion of the Minister, have wide experience or special knowledge in matters relating to occupational safety and health;

Occupational Safety and Health (Amendment)

(b)

five persons from organizations representing employees who, in the opinion of the Minister, have wide experience or special knowledge in matters relating to occupational safety and health;

(c)

the Secretary General of the Ministry of Human

Resources;

(d)

the Director General;

(e)

five representatives of the Government, consisting of—

(i)

the Director General of Health Malaysia; and

(ii)

representatives from the Ministry or Department whose responsibility is related to occupational safety and health, who, in the opinion of the

Minister, have wide experience or special knowledge in matters relating to occupational safety and health;

(f)

the Executive Director of the National Institute of

Occupational Safety and Health;

(g)

the Chief Executive Officer of the Social Security

Organization; and

(h)

three or more persons, of whom at least one shall be a woman, from organizations or professional bodies the activities of whose members are related to occupational safety and health, and who, in the opinion of the Minister, have wide experience or special knowledge in matters relating to occupational safety and health.

(2)

The Minister shall appoint the Chairman and the

Deputy Chairman of the Council from among the persons mentioned in subsection (1), except the person mentioned in paragraph (1)(d).”.

Amendment of section 11

Section 10

Section 11 of the principal Act is amended—

(a)

in subsection (2)—

(i)

in paragraph (i), by substituting for the full stop at the end of the paragraph a semicolon; and

(ii)

by inserting after paragraph (i) the following paragraphs:

“(j) the procedures, arrangements, training, education or appropriate measures to be taken to enhance community awareness on occupational safety, health and welfare;

(k)

the area of occupational safety and health research to be developed by relevant institutions and the publication of the results of such research;

(l)

the development and establishment of a mechanism to generate, process, store and disseminate information on occupational safety, health and welfare.”; and

(b)

by inserting after subsection (2) the following subsection:

“(3) The Council shall coordinate all matters and activities relating to occupational safety and health which are implemented or carried out by the Government.”.

Amendment of section 12

Section 11

The principal Act is amended by substituting for subsection (1)

the following subsection:

“(1) The Director General, who is a member of the

Council under paragraph 9(1)(d), shall be the secretary to the Council.”.

Occupational Safety and Health (Amendment)

15

Section 12

Amendment of section 14

(a)

by substituting for the words “as soon as practicable, after the 30th June but before the 31st December of each year” the words “after the 31st December but before the 31st March of the following year”; and

(b)

by substituting for the words “30th June” the words

“31st December”.

Amendment of heading of Part IV

Section 13

The principal Act is amended by substituting for the heading of Part IV the following heading:

“GENERAL DUTIES OF EMPLOYERS, SELF-EMPLOYED

PERSONS AND PRINCIPAL”.

Section 14

Amendment of section 15

(a)

in the shoulder note, by deleting the words

“and self-employed persons to their employees”;

(b)

in subsection (1), by deleting the words “and every self-employed person”;

(c)

in subsection (2)—

(i)

in paragraph (d), by deleting the words

“or self-employed person”;

(ii)

in paragraph (e), by substituting for the full stop at the end of the paragraph a semicolon; and

(iii)

by inserting after paragraph (e) the following paragraph:

“(f) the development and implementation of procedures for dealing with emergencies that may arise while his employees are at work.”; and

(d)

by deleting subsection (3).

Amendment of section 16

Section 15

Section 16 of the principal Act is amended—

(a)

by substituting for the shoulder note the following shoulder note:

“Duty of employer to formulate occupational safety and health policy”; and

(b)

by deleting the words “and every self-employed person”.

New sections 18a and 18b

Section 16

The principal Act is amended by inserting after section 18

the following sections:

“Duties of principal 18a. (1) It shall be the duty of every principal to take, so far as is practicable, such measures as are necessary to ensure the safety and health of—

(a)

any contractor engaged by the principal when at work;

(b)

any subcontractor or indirect subcontractor when at work; and

(c)

any employee employed by such contractor or subcontractor when at work.

Occupational Safety and Health (Amendment)

(2)

The duty imposed on the principal in subsection (1)

shall only apply where the contractor, subcontractor or employee referred to in that subsection is working under the direction of the principal as to the manner in which the work is carried out.

(3)

For the purposes of subsection (1), the measures necessary to ensure the safety and health of the persons at work include—

(a)

the provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risk to health;

(b)

the making of arrangements including the allocation of sufficient time, budget and other resources for ensuring, so far as is practicable, safety and absence of risks to health in connection with construction work activities, use or operation, handling, storage or 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 of the persons at work;

(d)

so far as is practicable, as regards to any place of work under the control of the principal, the maintenance of the place of work in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it that are safe and without such risks;

(e)

the provision and maintenance of a working environment for the persons at work that is, so far as is practicable, safe and without risks to health;

and

(f)

the development and implementation of procedures for dealing with emergencies that may arise while the persons are at work.

(4)

It shall be the duty of every principal to take, so far as is practicable, necessary measures to ensure the safety and health of persons, other than a person referred to in paragraph (1)(a), (b) or (c) working under the principal’s direction, who may be affected by any undertaking carried on by him at the place of work.

(5)

It shall be the duty of every principal, in the prescribed circumstances and in the prescribed manner, to give to persons, other than a person referred to in paragraph (1)(a), (b) or (c) working under the principal’s direction, the prescribed information on such aspects of the manner in which he conducts his undertaking as might affect their safety or health.

(6)

For the purposes of this section, “subcontractor” means any person who contracts with a contractor for the execution by or under the subcontractor of the whole or any part of any work undertaken by the contractor for his principal, and includes any person who contracts with a subcontractor to carry out the whole or any part of any work undertaken by the subcontractor for a contractor.

Duty to conduct and implement risk assessment 18b. (1) Every employer, self-employed person or principal shall conduct a risk assessment in relation to the safety and health risk posed to any person who may be affected by his undertaking at the place of work.

(2)

Where a risk assessment indicates that risk control is required to eliminate or reduce the safety and health risk, the employer, self-employed person or principal shall implement such control.

(3)

For the purposes of this section, “risk assessment”

means the process of evaluating the risks to safety and health arising from hazards at work and determining the appropriate measures for risk control.”.

Amendment of section 19

Section 17

Section 19 of the principal Act is amended—

(a)

in the shoulder note, by substituting for the words

“or 18” the words “, 18, 18a or 18b”;

(b)

by substituting for the words “or 18” the words “, 18,

18a or 18b”; and

(c)

by substituting for the words “fifty thousand” the words

“five hundred thousand”.

Occupational Safety and Health (Amendment)

19

Amendment of section 20

Section 18

Subsection 20(1) of the principal Act is amended—

(a)

in paragraph (b), by deleting the word “and” at the end of the paragraph;

(b)

in paragraph (c), by substituting for the full stop at the end of the paragraph the words “; and”; and

(c)

by inserting after paragraph (c) the following paragraph:

“(d) to take such steps as are necessary to secure, so far as is practicable, that the persons supplied with the plant are provided with all such revisions of information provided to them under paragraph (c) as are necessary by reason of it becoming known that there is a new risk that could give rise to a serious risk to safety or health.”.

Amendment of section 21

Section 19

Section 21 of the principal Act is amended—

(a)

in subsection (1)—

(i)

in paragraph (b), by deleting the word “and” at the end of the paragraph;

(ii)

in paragraph (c), by substituting for the full stop at the end of the paragraph the words “; and”; and

(iii)

by inserting after paragraph (c) the following paragraph:

“(d) to take such steps as are necessary to secure, so far as is practicable, that the persons supplied with the substance are provided with all such revisions of information provided to them under paragraph (c) as are necessary by reason of it becoming known that there is a new risk that could give rise to a serious risk to safety or health.”; and

(b)

in subsection (2), by substituting for the words “manufacture or supply” the words “formulation or manufacture”.

Amendment of section 23

Section 20

Section 23 of the principal Act is amended by substituting for the words “twenty thousand” the words “two hundred thousand”.

Section 21

Amendment of heading of Part VI

The heading of Part VI of the principal Act is amended by inserting after the words “GENERAL DUTIES” the words

“AND RIGHTS”.

Section 22

Amendment of section 24

Subsection 24(2) of the principal Act is amended by substituting for the words “one thousand” the words “two thousand”.

Section 23

New section 26a

The principal Act is amended by inserting after section 26

the following section:

“Rights of employees 26a. (1) An employee, after informing his employer or his representative that he has reasonable justification to believe there exist an imminent danger at his place of work, shall have the right to remove himself from the danger or the work if the employer fails to take any action to remove the danger.

(2)

An employee who removes himself from the danger in accordance with subsection (1) shall be protected against undue consequences and shall not be discriminated against.

(3)

For the purposes of this section, “imminent danger”

means a serious risk of death or serious bodily injury to any person that is caused by any plant, substance, condition, activity, process, practice, procedure or place of work hazard.”.

Occupational Safety and Health (Amendment)

21

Amendment of section 27

Section 24

Section 27 of the principal Act is amended—

(a)

in subsection (1)—

(i)

in paragraph (b), by deleting the word “or” at the end of the paragraph;

(ii)

in paragraph (c), by substituting for the full stop at the end of the paragraph the words “; or”; and

(iii)

by inserting after paragraph (c) the following paragraph:

“(d) has assisted an officer or assessor in any inquiry in the conduct of any inspection or investigation under this Act.”; and

(b)

in subsection (3), by substituting for the words

“ten thousand” the words “one hundred thousand”.

New Part VIa

Section 25

The principal Act is amended by inserting after Part VI the following part:

“Part VIa

NOTIFICATION OF OCCUPATION OF PLACE OF WORK,

INSTALLATION AND INSPECTION OF PLANT, ETC.

Notice of occupation of place of work 27a. (1) Subject to subsection (2), any person who occupies or uses any premises as a place of work or undertakes any activity in a place of work shall give notice to an officer containing such particulars, and in such manner and within such time, as the Director General may determine.

(2)

The requirement of giving notice under subsection (1)

shall apply only to places of work and activities as may be prescribed by the Minister.

(3)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Prescription of plant requiring certificate of fitness 27b. The Minister may prescribe any plant for which a certificate of fitness is required.

Installation of plant 27c. (1) No person shall install or cause to be installed any prescribed plant under section 27b unless the person ensures that the plant has fulfilled all the requirements prescribed by the Minister and has obtained the written approval from the Director General.

(2)

A person may apply for the approval referred to in subsection (1) by submitting to the Director General such particulars in such manner and within such time as the

Director General may determine.

(3)

Upon receiving and considering an application under subsection (2), the Director General may grant an approval subject to such terms and conditions as the Director General may impose.

(4)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Certificate of fitness 27d. (1) No person shall operate or cause or permit to be operated any plant that has been installed under section 27c unless the plant has a certificate of fitness issued by an officer or a licensed person.

Occupational Safety and Health (Amendment)

(2)

When a prescribed plant has been installed under section 27c, the person shall serve a written notice on an officer or a licensed person who, after receiving such notice, shall make an inspection of the plant.

(3)

If, upon inspection, the officer or the licensed person finds that the plant—

(a)

complies with all the requirements prescribed by the

Minister in respect of the plant, the officer or the licensed person shall issue a certificate of fitness upon the payment of such fees by the person as the

Minister may prescribe; or

(b)

does not comply with any of the requirements prescribed by the Minister in respect of the plant, the person shall pay to the officer or the licensed person such fees as may be prescribed by the Minister for the services rendered despite the non-issuance of a certificate of fitness.

(4)

A certificate of fitness issued under subsection (3) shall be in such form and subject to such terms and conditions, and shall be valid for such period, as the Minister may prescribe.

(5)

A person who contravenes subsection (1) shall be guilty an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(6)

In the case of any contravention of subsection (1), an officer shall immediately serve to the person who operates or causes or permits to be operated the plant a written notice prohibiting the operation of the plant or may render the plant inoperative until a certificate of fitness is issued.

(7)

A person who fails to comply with the notice issued under subsection (6) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(8)

A certificate of fitness in respect of any plant which is being dismantled or repaired or is damaged for any reason shall terminate upon such dismantlement, repair or damage, but the Director General may exempt any plant from the application of this subsection if in his opinion the plant will not cause any danger to any person or property.

(9)

For the purposes of subsection (8)—

(a)

“damage” means any physical defect caused to any plant during operation or otherwise which may affect the strength and integrity of the plant during subsequent operation;

(b)

“dismantle” means to undo any part of any plant which may affect the strength, integrity or functional capability of the plant;

(c)

“repair” means any work done to make good any part of any plant which has been damaged.

Periodical inspection of plant 27e. (1) A plant prescribed under section 27b shall be inspected by an officer or a licensed person at such periods and in such manner as the Minister may prescribe.

(2)

An inspection under subsection (1) shall be subject to the payment of such fees as the Minister may prescribe.

Special scheme of inspection 27f. (1) Notwithstanding section 27e, an occupier may apply to the Director General for an approval for a special scheme of inspection pertaining to inspections for certain classes of plant and its auxiliary together with such fees as the Minister may prescribe.

(2)

The Director General may approve an application under subsection (1) if he is satisfied that the requirements prescribed by the Minister in respect of the plant have been fulfilled.

Occupational Safety and Health (Amendment)

(3)

When the approval under subsection (2) is granted, the inspection of the plant shall be conducted according to the special scheme of inspection.

Director General may make orders in certain circumstances 27g. (1) The Director General may make special orders for the conduct and guidance of persons employed in any service involving the management or operation of, or attendance on, or proximity to, any plant or process carried on in any place of work as appear to him necessary to ensure their safety and health.

(2)

The employer shall ensure by all reasonable means that the persons exposed to danger are aware of any such special orders made under subsection (1) and those persons shall observe the special orders.

(3)

For the purposes of subsection (2), a copy of the

Director General’s special orders printed or written in the appropriate languages and posted in conspicuous places in the vicinity of the plant or process to which the special orders refer, so that all persons referred to shall have free access and opportunity to read the same, shall be deemed to constitute reasonable means.”.

Amendment of section 28

Section 26

Section 28 of the principal Act is amended—

(a)

by substituting for the shoulder note the following shoulder note:

“Occupational health service”;

(b)

in subsection (1)—

(i)

by substituting for the word “industries” the words

“places of work” wherever appearing;

(ii)

in paragraph (b)—

(A)

by substituting for the word “injury” the words “adverse effects”; and

(B)

by inserting the word “or” at the end of the paragraph;

(iii)

by deleting paragraph (c);

(iv)

in paragraph (d), by substituting for the word “injury”

the words “adverse effects”; and

(v)

by substituting for the words “reasonable arrangements as may be specified in the regulations to be made for the medical surveillance and medical examination, not including medical treatment of a preventive character, of the persons or any class of persons employed in the industries or class or description of industries” the words “arrangements for the occupational health service”; and

(c)

by deleting subsections (2) and (3).

New section 28a

Section 27

The principal Act is amended by inserting after section 28

the following section:

“No action against person carrying out occupational health service 28a. No employer shall take any action against any person who carries out an occupational health service for—

(a)

making a complaint about any matter which is considered as a risk to health; or

(b)

making a report to the Director General regarding any patient whom he believes to be suffering from any occupational disease or occupational poisoning.”.

Amendment of section 29

Section 28

Section 29 of the principal Act is amended—

(a)

in subsection (1), by substituting for the word “industries”

the words “places of work”;

Occupational Safety and Health (Amendment)

(b)

in subsection (2), by substituting for the words

“employ a competent person” the words “appoint a person who is competent”;

(c)

in subsection (3), by substituting for the word “employed”

the word “appointed”;

(d)

by substituting for subsection (4) the following subsection:

“(4) A person shall be appointed as a safety and health officer only for one place of work at any one time, unless permitted otherwise by the

Director General.”; and

(e)

in subsection (5), by substituting for the words

“five thousand” the words “fifty thousand”.

New section 29a

Section 29

The principal Act is amended by inserting after section 29

the following section:

“Occupational safety and health coordinator 29a. (1) An employer whose place of work is not included in any class or description of place of work as published in the Gazette under subsection 29(1) shall appoint one of his employees to act as an occupational safety and health coordinator if he employs five or more employees at his place of work.

(2)

An employee appointed as an occupational safety and health coordinator under subsection (1) shall be appointed for the purpose of coordinating occupational safety and health issues at the place of work.

(3)

Notwithstanding subsection (1), an employer referred to in subsection (1) who has appointed a safety and health officer at the place of work shall be deemed to have complied with subsection (1).

(4)

An employer who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.”.

Amendment of section 30

Section 30

Subsection 30(4) of the principal Act is amended—

(a)

by substituting for the words “five thousand” the words

“one hundred thousand”; and

(b)

by substituting for the words “six months” the words

“one year”.

New section 31a

Section 31

The principal Act is amended by inserting after section 31

the following section:

“Occupational safety and health training course 31a. (1) The Minister may, by order published in the Gazette, require any class or description of persons to attend an occupational safety and health training course as specified in the order that is conducted by a registered training provider.

(2)

The employer of any person required to attend any training course under subsection (1) shall ensure that the person has completed such training course before allowing that person to perform any work for which the training is required.

(3)

Notwithstanding that a person has completed such safety and health training course as is required under this section, the Director General may, if he thinks that a refresher course is necessary, issue a written direction requiring that person to attend another such training course.

(4)

An employer who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.”.

Occupational Safety and Health (Amendment)

29

New Part VIIa

Section 32

The principal Act is amended by inserting after Part VII the following part:

“Part VIIa

COMPETENT PERSON AND REGISTERED TRAINING PROVIDER

Activities to be carried out by competent person and registered training provider 31b. (1) For the purposes of this Act, no person shall—

(a)

carry out any activity specified in the Fifth Schedule unless he has been registered as a competent person under this Act; or

(b)

conduct any occupational safety and health training course unless he has been registered as a registered training provider under this Act.

(2)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

Application for registration 31c. (1) A person who intends to be registered as a competent person or a registered training provider shall submit an application for registration to the Director General in such manner as the Director General may determine.

(2)

An application under subsection (1) shall be subject to the payment of such fees as prescribed by the Minister and shall be accompanied by such documents and information as may be required by the Director General.

(3)

The Director General may, after considering the application, approve the application subject to such conditions as he thinks fit, or refuse the application.

(4)

An application under subsection (1) may be withdrawn at any time before the application is approved or refused, in which event the fees paid shall not be refunded.

Validity of registration 31d. Every registration approved under section 31c shall be valid for a period of three years from the date specified in the approval.

Renewal of registration 31e. (1) A competent person or a registered training provider may make an application for the renewal of registration before the date of expiry of the registration at such time and in such manner as determined by the Director General.

(2)

The application under subsection (1) shall be subject to the payment of such fees as prescribed by the Minister and shall be accompanied by such documents as may be required by the Director General.

(3)

The Director General may, after considering the application under subsection (1)—

(a)

renew the registration, with or without conditions;

or

(b)

refuse to renew the registration.

(4)

The Director General may refuse to renew a registration if the Director General is satisfied that—

(a)

the applicant has failed to comply with any of the provisions of this Act or any subsidiary legislation made under this Act;

(b)

the applicant has failed to comply with any of the conditions of the registration; or

(c)

the applicant has submitted any statement, information or document found to be false, irrespective of whether the applicant knows or believes such statement, information or document is false or otherwise.

(5)

An application under subsection (1) may be withdrawn at any time before the application is approved or refused, in which event the fees paid shall not be refunded.

Occupational Safety and Health (Amendment)

31

Cancellation of registration 31f. (1) The Director General may cancel the registration of a competent person or a registered training provider if the Director General is satisfied that he—

(a)

has failed to comply with any of the provisions of this Act or any subsidiary legislation made under this Act;

(b)

has failed to comply with any of the conditions imposed on the registration;

(c)

has obtained or procured his registration by fraud or misrepresentation; or

(d)

is no longer fit to act as a competent person or a registered training provider.

(2)

Notwithstanding subsection (1), the Director General shall not cancel the registration of a competent person or a registered training provider unless the Director General is satisfied that, after giving the competent person or the registered training provider an opportunity of making any representation in writing he may wish to make, the registration should be cancelled.

(3)

Where the registration of a competent person or a registered training provider is cancelled, the Director

General shall issue a notice of cancellation of registration to the competent person or the registered training provider, and such cancellation shall take effect on the date specified in the notice.”.

Amendment of section 32

Section 33

Subsection 32(2) of the principal Act is amended—

(a)

by substituting for the words “the diseases listed in the

Third Schedule of the Factories and Machinery Act 1967

[Act 139], or any disease named” the words

“the occupational diseases or occupational poisoning specified”; and

(b)

by deleting the words “, or occupational poisoning”.

Amendment of section 33

Section 34

Section 33 of the principal Act is amended by inserting after subsection (2) the following subsection:

“(2a) The assessors appointed under subsection (2) shall have, for the purposes of the inquiry, the power to enter and inspect any premises, the entry or inspection of which is requisite for the purposes of the inquiry.”.

Section 35

New section 34a

The principal Act is amended by inserting after section 34

the following section:

“Duties of the owner, occupier, etc., in inquiry 34a. The owner or occupier of, or any employer in, any place of work and any employee of the owner, occupier or employer, shall provide such assistance needed for the purposes of any inquiry under this Act.”.

Section 36

Amendment of section 35

Section 35 of the principal Act is amended by inserting after subsection (2) the following subsection:

“(3) A person who fails to comply with the order under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.

Section 37

Deletion of section 36

The principal Act is amended by deleting section 36.

Occupational Safety and Health (Amendment)

33

Section 38

Amendment of section 39

(a)

in paragraph (a), by substituting for the word “examination”

the words “an inspection, examination”;

(b)

in paragraph (b), by substituting for the word “examination”

the words “inspection, examination”;

(c)

in paragraph (c), by substituting for the word “examination”

the words “inspection, examination”;

(d)

in paragraph (e)—

(i)

by substituting for the words “any of the diseases named in the Third Schedule of the Factories and

Machinery Act 1967 or any disease named” the words “any occupational disease or occupational poisoning specified”; and

(ii)

by substituting for the full stop at the end of the paragraph a semicolon; and

(e)

by inserting after paragraph (e) the following paragraphs:

“(f) require the production of any book, record, certificate, notice, computerized data or document, or any certified copy thereof, and make a copy thereof as he considers necessary for the purpose of any inspection, examination or investigation;

(g)

assess the levels of noise, illumination, heat or harmful or hazardous substances in any place of work and the exposure levels of persons at work therein;

(h)

require any hospital, medical clinic or mortuary to provide any information (including the medical reports) of any person who is or had been working in a place of work who is injured in an accident in a place of work or who is suspected of suffering from an occupational disease contracted from a place of work and is receiving treatment at the hospital or medical clinic.”.

Amendment of section 47

Section 39

Section 47 of the principal Act is amended—

(a)

in the shoulder note, by inserting after the word “inspection”

the words “, examination or investigation”;

(b)

in paragraph (e), by deleting the word “or” at the end of the paragraph; and

(c)

by inserting after paragraph (e) the following paragraph:

“(ea) fails to comply with any direction given by an officer as is reasonably necessary for the purpose of any inspection, examination or investigation;

or”.

Amendment of section 48

Section 40

Subsection 48(1) of the principal Act is amended by substituting for the words “, and in every such case the place of work, plant, substance or process shall not be used or operated even after the period of expiry of the notice until the danger has been removed or the defect made good to the satisfaction of the officer”

the words “or such extended period as he may allow”.

Section 41

Amendment of section 49

(a)

by substituting for the words “fifty thousand” the words

“five hundred thousand”;

(b)

by substituting for the words “five years” the words

“two years”; and

(c)

by substituting for the words “five hundred” the words

“two thousand”.

Amendment of section 51

Section 42

Section 51 of the principal Act is amended—

(a)

by substituting for the word “regulation” the words

“subsidiary legislation”;

Occupational Safety and Health (Amendment)

(b)

by substituting for the words “ten thousand” the words

“one hundred thousand”; and

(c)

by substituting for the words “one thousand” the words

“two thousand”.

Substitution of section 52

Section 43

The principal Act is amended by substituting for section 52

the following section:

Quoted provision

Section 52

Where any person commits an offence under this Act or any subsidiary legislation made under this Act is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—

(a)

may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or the body of persons;

and

(b)

if the company, limited liability partnership, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i)

that the offence was committed without his knowledge; and

(ii)

that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.”.

New section 52a

Section 44

“Liability of director, etc., of company, etc.

The principal Act is amended by inserting after section 52

the following section:

Quoted provision

Section 52a

Where any person would be liable to any punishment or penalty under this Act for any act, omission, neglect or default committed—

(a)

by that person’s employee in the course of his employment;

(b)

by that person’s agent when acting on behalf of that person; or

(c)

by the employee of that person’s agent when acting in the course of his employment by the person’s agent or otherwise on behalf of the person’s agent acting on behalf of that person, that person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of the person’s employee or agent, or of the employee of the person’s agent.”.

Deletion of section 55

Section 45

“Liability of person for act, etc., of employee, etc.

The principal Act is amended by deleting section 55.

Occupational Safety and Health (Amendment)

37

Section 46

New section 60a

The principal Act is amended by inserting after section 60

the following section:

“Evidence 60a. In any proceedings under this Act or its subsidiary legislation, all reports, records or register and any extracts therefrom kept and certified by an officer shall be prima facie evidence of the facts stated therein.”.

Section 47

Amendment of section 63

Subsection 63(1) of the principal Act is amended by deleting the words “36 or”.

Section 48

Amendment of section 64

Subsection 64(1) of the principal Act is amended by deleting the words “an order made by the Director General under section 35,”.

Section 49

Amendment of section 66

(a)

in subsection 2—

(i)

in paragraph (b), by inserting after the word

“examination,” the word “requalification,”;

(ii)

by inserting after paragraph (b) the following paragraph:

“(ba) prescribe the requirements with respect to any plant for the purposes of the special scheme of inspection under section 27f;”;

(iii)

in paragraph (d), by substituting for the words

“or mark” the words “, mark or supply information on”;

(iv)

in paragraph (h), by inserting after the words

“dangerous occurrence” the words “and to minimise the risk and to mitigate the effects thereto”;

(v)

in paragraph (j), by substituting for the words

“protective clothing or equipment” the words

“personal protective equipment and monitoring and testing facilities equipment;

(vi)

in paragraph (l), by inserting before the word

“health” the words “ergonomic, physiological and psychological needs and”;

(vii)

in paragraph (m), by inserting after the word “welfare”

the words “, safety and health”;

(viii)

in paragraph (p), by deleting the words “36 or”;

(ix)

in paragraph (t), by substituting for the word

“employing” the word “appointing”; and

(x)

by inserting after paragraph (t) the following paragraphs:

“(ta) prescribe the requirements and manner for the notification of undertaking, planning and designing management of any activity at a place of work;

(tb) prescribe the times at which and the manner in which a competent person is required to take charge or control of any plant, place of work, process, substance and activity, and any requirement relating to it;” and

(b)

by inserting after subsection (2) the following subsection:

“(3) Regulations made under this Act may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both for such offence.”.

Occupational Safety and Health (Amendment)

39

Substitution of section 67

Section 50

The principal Act is amended by substituting for section 67

the following section:

Quoted provision

Section 67

(2)

For the purposes of this section, “manufacturing or commercial secret” means highly sensitive information relating to—

(a)

any manufacturing process;

(b)

any product, raw material or by-product formulation;

(c)

any idea of duplication or cloning of product; or

(d)

any technical information on operating system, and that the information has been declared as manufacturing or commercial secret in writing by the occupier or owner.

(3)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.

New sections 67a and 67b

Section 51

“Confidentiality of information

The principal Act is amended by inserting after section 67

the following sections:

“Power to exempt 67a. (1) The Minister may, upon the recommendation of the Director General, by an order published in the Gazette, exempt any plant, substance, process, person or place of work, or class of persons or class of place of work, from any provision of this Act or its subsidiary legislation.

(2)

An exemption under subsection (1) may be subject to such conditions as the Minister thinks fit.

(3)

The Minister may, upon recommendation of the

Director General, by order published in the Gazette, vary or revoke an exemption given under subsection (1).

Power to amend Schedules 67b. Except for the First Schedule, the Minister may, by order published in the Gazette, amend the Schedules to this Act.”.

Substitution of First Schedule

Section 52

The principal Act is amended by substituting for the

First Schedule the following schedule:

“First Schedule

[Subsection 1(3)]

Quoted provision

Section 1

Domestic employment in relation to a person who employs another, or is employed, as a domestic servant within the meaning of the Employment

Act 1955 [Act 265]

Quoted provision

Section 2

Armed forces

Quoted provision

Section 3

Work on board ships governed by the Merchant Shipping Ordinance 1952

[Ord. No. 70 of 1952], the Sabah Merchant Shipping Ordinance 1960

[Ord. No. 11 of 1960] or the Sarawak Merchant Shipping Ordinance 1960

[Ord. No. 2 of 1960]”.

Amendment of Second Schedule

Section 53

Non-application

The Second Schedule to the principal Act is amended—

(a)

in subparagraph 4(4), by substituting for the word “six”

the word “eleven”; and

(b)

by inserting after paragraph 4 the following paragraph:

“4a. The Council may invite any person to attend any meeting of the Council for the purpose of advising the Council on any matter under discussion but that person shall not be entitled to vote at the meeting.”.

Occupational Safety and Health (Amendment)

41

New Fourth and Fifth Schedules

Section 54

The principal Act is amended by inserting after the

Third Schedule the following schedules:

“Fourth Schedule

[Subsection 3(1)]

Quoted provision

Section 1

Emasculation

Quoted provision

Section 2

Permanent privation of the sight of either eye

Quoted provision

Section 3

Permanent privation of the hearing of either ear

Quoted provision

Section 4

Privation of any member or joint

Quoted provision

Section 5

Destruction or permanent impairing of the powers of any member or joint

Quoted provision

Section 6

Permanent disfiguration of the head or face

Quoted provision

Section 7

Fracture or dislocation of a bone

Quoted provision

Section 8

Amputation of the arm, hand, finger, thumb, leg, foot or toe

Quoted provision

Section 9

Any crush injury to the head or torso causing damage to the brain or internal organs in the chest or abdomen

Quoted provision

Section 10

Any burn injury (including scalding/any injury to the scalp) which—

(a)

covers more than 10% of the whole body’s total surface area; or

(b)

causes significant damage to the eyes, respiratory system or other vital organs

Quoted provision

Section 11

Any degree of scalding which requires treatment by a registered medical practitioner

Quoted provision

Section 12

Any other injury arising from working in an enclosed space which leads to hypothermia or heat-induced illness

Quoted provision

Section 13

Loss of consciousness caused by head injury or asphyxia (lack of oxygen)

Quoted provision

Section 14

Electrical injury

Quoted provision

Section 15

Loss of consciousness or acute illness from absorption, inhalation or ingestion of any substance which requires treatment by a registered medical practitioner

Quoted provision

Section 16

Any case of acute ill health where there is reason to believe that this resulted from exposure to isolated pathogen or infected material

Quoted provision

Section 17

Any other work related injury or burn injury which results in the person injured being admitted immediately into hospital for more than 24 hours

Fifth Schedule

[Paragraph 31b(1)(a)]

Activities

Quoted provision

Section 1

To fabricate, install, erect, dismantle, test, inspect, maintain, repair or service any plant or engineering control equipment

Quoted provision

Section 2

To operate, handle or be in charge of any plant

Quoted provision

Section 3

To carry out medical surveillance and health examination

Quoted provision

Section 4

To conduct health risk assessment for any chemical that is hazardous to health

Quoted provision

Section 5

To conduct indoor air quality assessment

Quoted provision

Section 6

To monitor or test work environment, plant or place of work including chemical exposure monitoring, noise monitoring and audio metric testing

Quoted provision

Section 7

To conduct any occupational safety and health training, assessment or examination”.

Savings

Section 55

Serious bodily injury

(2)

Notwithstanding section 9 of this Act, the members of the

Council holding office under subsection 9(1) of the principal Act immediately before the commencement of this Act shall, on the commencement of this Act, continue to hold office until the end of the term of their appointment.

OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022

About this amendment act

(2)

(a)

(b)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

(xiv)

(xv)

(xvi)

(xvii)

(xviii)

(xix)

(b)

(a)

(b)

(2)

(3)

(4)

(5)

(a)

(b)

(i)

(ii)

(iii)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(c)

(6)

(7)

(8)

(2)

(3)

(a)

(b)

(4)

(5)

(6)

(7)

(2)

(2)

(a)

(b)

(c)

(d)

(e)

(i)

(ii)

(f)

(g)

(h)

(2)

(a)

(i)

(ii)