The Occupational Safety and Health Act 1994 (“OSHA“) establishes the legal framework relating to the occupational safety and health in Malaysia. The overall objectives of the OSHA are 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;
- protect persons at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work;
- promote an occupational environment for persons at work which is adapted to their physiological and psychological needs; and
- provide the means where the associated legislation on occupational safety and health may be progressively replaced by a set of regulations and approved industry codes of practice operating in combination with the provisions of the OSHA designed to maintain or improve the standards of safety and health.
After almost three decades, the Occupational Safety and Health (Amendment) Act 2022 (“Amendment Act“) was passed with royal assent on 4 March 2022. It will come into force on 1 June 2024, together with two new subsidiary legislation, namely the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 and the Occupational Safety and Health (Licensed Person) Order 2024. The Amendment Act brings about substantial amendments to the OSHA which seeks to enhance the existing legislation on occupational, safety and health in Malaysia, in particular by expanding the scope and applicability of the OSHA to all places of work throughout Malaysia including the public services and statutory authorities, with very limited exceptions.
This Update provides some of the significant amendments introduced by the Amendment Act.
For more information, click here to read the full Legal Update.
