NIOSH Safety and Health Officer (SHO) - Occupational Safety and Health Legislation (Malaysia) cheat sheet

Act 514 is Malaysia's principal OSH statute; it applies to all persons at work across economic sectors and imposes duties on employers, self-employed persons, designers, manufacturers, importers, suppliers and employees.

Section 15 requires every employer and self-employed person to ensure, so far as is practicable, the safety, health and welfare of employees and others affected by the work.

Section 16 requires an employer with five or more employees to prepare a written safety and health policy and bring it to the notice of all employees.

Section 17 requires employers to provide such information, instruction, training and supervision as is necessary to ensure safety and health at work.

Section 21 imposes duties on designers, manufacturers, importers and suppliers to ensure plant and substances are safe when used and to provide adequate information.

Section 22 requires employees to take reasonable care, cooperate with the employer, use PPE correctly and report hazards; breach can lead to prosecution and internal discipline.

The 'so far as is practicable' test weighs the likelihood and severity of harm against knowledge, availability and cost of risk controls; it is not an absolute or zero-risk duty.

FMA 1967 (Act 139) regulates factories and machinery; DOSH administers registration of factories, inspection and certification of specified plant.

A valid Certificate of Fitness is required for steam boilers, pressure vessels, lifts and specified lifting equipment; operation without a valid CF is an offence.

FMA (Safety, Health and Welfare) Regulations 1970 set baseline factory standards on cleanliness, ventilation, lighting, sanitary facilities, first aid and fire precautions.

FMA (Building Operations and Works of Engineering Construction) Regulations 1986 impose construction-site duties for scaffolds, excavations, lifting operations, PPE and competent supervision.

FMA (Steam Boiler and Pressure Vessel) Regulations 1970 require design approval, inspection, certification and operation by competent persons, with records kept.

FMA (Electric Passenger and Goods Lifts) Regulations 1970 require periodic inspection and certification of lifts and maintenance by competent persons.

OSH Act 1994 general duties apply alongside FMA 1967; FMA certification and registration requirements continue where not repealed.

OSH (Safety and Health Officer) Regulations 1997 require employers in scheduled industries or workplaces to appoint a registered SHO and notify DOSH of the appointment.

An SHO's functions include advising the employer on OSH, inspecting the workplace, investigating incidents and promoting OSH awareness.

OSH (Safety and Health Committee) Regulations 1996 require a committee at workplaces with 40 or more employees, or when directed by the DG; meetings are at least once every three months.

Committee composition includes employer and employee representatives; minutes and records must be kept and made available to inspectors.

USECHH 2000 requires a Chemical Health Risk Assessment by a registered assessor before hazardous chemicals are used; review is required at least every five years or after significant change.

CLASS 2013 requires classification, labelling and safety data sheets for hazardous chemicals; suppliers must provide SDS and employers must maintain a chemical register.

USECHH 2000 also requires exposure monitoring and medical surveillance where the CHRA shows a risk to health.

Notification Regulations 2004 require employers or occupiers to notify DOSH of accidents, dangerous occurrences, occupational poisoning and occupational disease and submit prescribed written reports.

Employment Act 1955 applies in Peninsular Malaysia and Labuan; Sabah and Sarawak are governed by separate Labour Ordinances.

The Act sets minimum standards for hours of work, overtime, rest days, public holidays, annual leave, sick leave, maternity protection and termination.

After the 2022 amendments, normal hours are 8 hours per day and 45 hours per week; overtime is payable at 1.5 times the hourly rate.

SOCSO administers employment injury and invalidity benefits under the Employees' Social Security Act 1969; employers must register and contribute.

First-category SOCSO contributions are 1.75% employer and 0.5% employee of wages; second-category employees aged 60 and above have employer contribution only.

Employers must report employment injuries and occupational diseases to SOCSO within 48 hours of receiving notice and keep accident records.

Employment injury cover includes workplace accidents, commuting accidents and occupational diseases, with medical, disablement and dependants' benefits.

DOSH inspectors may enter workplaces, inspect and test plant, take samples, require documents, interview persons and issue notices.

An improvement notice requires remedy of a contravention within a specified period; a prohibition notice stops an activity posing imminent serious risk.

A person aggrieved by a notice may appeal to the Minister within 30 days; the notice generally remains in force pending appeal unless suspended.

The OSH Act general penalty is a fine not exceeding RM50,000 or imprisonment not exceeding two years, or both, unless a specific penalty is provided.

The Director General may compound certain offences by accepting a monetary payment instead of prosecution, subject to statutory limits.

Prosecution is conducted by the public prosecutor in the Sessions Court; the criminal standard is proof beyond reasonable doubt.

Separate offences apply for failure to comply with a notice, obstruction of an inspector and failure to report incidents.

Environmental Quality Act 1974 (Act 127) controls pollution and environmental harm; the Department of Environment licenses prescribed premises and enforces emission, effluent and waste rules.

Prescribed activities under the EQA require an Environmental Impact Assessment before approval; examples include large industrial, infrastructure and land-development projects.

Key EQA regulations cover clean air, industrial effluent, sewage, scheduled wastes and hazardous waste storage and disposal.

Fire Services Act 1988 (Act 341) requires designated premises to hold a valid Fire Certificate issued by BOMBA.

Designated premises include high-rise buildings, places of assembly, hospitals, hotels and specified industrial buildings; certificate conditions must be complied with.

Uniform Building By-Laws 1984 set fire safety design requirements, including fire escapes, compartmentation, alarms, access and water supplies.

Environmental incidents are reported to DOE under EQA; OSH incidents are reported to DOSH under Act 514; the two reporting regimes are separate.

ILO C155 (1981) establishes a national OSH policy, preventive measures, employer duties and worker participation; it binds only states that ratify it.

ILO C187 (2006) promotes a national OSH policy, system and programme for continuous improvement and decent work.

ILO C170 (1990) covers chemicals safety, including classification, labelling, safety data sheets and safe use; C174 (1993) covers prevention of major industrial accidents.

Malaysia follows a dualist approach: ratified ILO conventions are not directly enforceable unless incorporated into domestic legislation.

The ILO Declaration on Fundamental Principles and Rights at Work was amended in 2022 to include a safe and healthy working environment.

Comparative examples: UK Health and Safety at Work etc. Act 1974, Australia Work Health and Safety Act 2011 and Singapore Workplace Safety and Health Act 2006 use general duty and risk-management models.

ILO conventions set minimum international benchmarks; domestic OSH law may exceed them, and enforcement remains with national inspectorates.