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

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

OSH Act 1994

Malaysia's principal occupational safety and health statute, Act 514, imposing general duties on employers, self-employed persons, designers, suppliers and employees to protect persons at work and others affected.

Section 15 duty

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, including safe plant and systems.

Safety and health policy

Under section 16 of Act 514, an employer with five or more employees must prepare a written OSH policy and bring it to the notice of all employees.

So far as is practicable

OSH Act standard requiring risk control measures that are reasonably practicable, weighing likelihood and severity of harm against knowledge, availability and cost of control.

Employee duty section 22

Employees must take reasonable care for their own and others' safety, cooperate with the employer, use protective equipment properly, and report hazards or contraventions.

Factories and Machinery Act

Act 139 regulates factories and machinery in Malaysia, requiring registration, certificates of fitness for specified plant, and safety, health and welfare standards in factories and construction.

Certificate of Fitness

DOSH-issued certificate confirming that a boiler, pressure vessel, lift or lifting equipment has been inspected and is safe to operate; operating without a valid certificate is an offence.

FMA construction regulations

Factories and Machinery (Building Operations and Works of Engineering Construction) Regulations 1986 set safety duties for construction sites, including scaffolds, excavations, lifting, and competent supervision.

Steam boiler regulations

FMA regulations require steam boilers to be designed, inspected, certified and operated by competent persons, with periodic inspections and records to prevent explosion and injury.

FMA lift inspection

Electric passenger and goods lifts must be inspected and certified under FMA regulations; the owner or occupier must maintain them and keep the certificate valid.

Safety and Health Officer

A person registered with DOSH under the OSH (Safety and Health Officer) Regulations 1997, appointed by scheduled employers to advise on OSH and conduct inspections and investigations.

Safety and Health Committee

A workplace committee required under the 1996 regulations where 40 or more employees work, or when directed, meeting at least quarterly to review OSH matters.

Chemical Health Risk Assessment

A documented assessment under USECHH 2000, conducted by a registered assessor, identifying health risks from hazardous chemicals and specifying control measures and monitoring.

Safety Data Sheet

A 16-section document supplied for hazardous chemicals under CLASS 2013, giving hazard, handling, storage, emergency and disposal information to protect workers and responders.

Incident notification regulations

The 2004 regulations require employers to notify DOSH of accidents, dangerous occurrences, occupational poisoning and diseases, and to submit written reports within prescribed periods.

Employment Act 1955

Peninsular Malaysia and Labuan labour statute setting minimum terms on wages, hours, leave, termination and employee records; Sabah and Sarawak have separate Labour Ordinances.

SOCSO employment injury

Under the Employees' Social Security Act 1969, SOCSO provides medical, temporary and permanent disablement, and dependants' benefits for work-related accidents and occupational diseases.

SOCSO reporting deadline

An employer must report a work-related accident or occupational disease to SOCSO within 48 hours of receiving notice, using the prescribed form, and keep records.

SOCSO contribution rates

For first-category employees, employer pays 1.75% and employee 0.5% of wages; for second-category employees aged 60 and above, employer pays 1.25% only.

Improvement notice

A written notice by a DOSH inspector requiring an employer or occupier to remedy a contravention of OSH law within a specified period.

Prohibition notice

A notice stopping an activity or use of plant that poses an imminent risk of serious injury or death until the danger is removed.

OSH Act general penalty

Contravention of Act 514 is generally punishable by a fine not exceeding RM50,000 or imprisonment not exceeding two years, or both, unless a specific penalty applies.

Compounding of offence

The Director General may accept a monetary payment to compound certain OSH offences instead of prosecution, subject to the Act's limits and conditions.

Appeal against notice

A person aggrieved by an improvement or prohibition notice may appeal to the Minister within 30 days, but the notice remains in force unless suspended.

Environmental Quality Act

Act 127 controls pollution and environmental harm in Malaysia, empowering the Department of Environment to license prescribed premises and enforce emission, effluent and waste rules.

EIA prescribed activities

Under the Environmental Quality Act 1974, prescribed activities such as large industrial or infrastructure projects require an environmental impact assessment before approval.

Fire Certificate

Under the Fire Services Act 1988, designated premises such as high-rise buildings and places of assembly must hold a valid Fire Certificate issued by BOMBA.

Uniform Building By-Laws

UBBL 1984 sets minimum building standards, including fire escapes, compartmentation, alarms and access, enforced by local authorities for fire safety.

ILO Convention 155

The ILO Occupational Safety and Health Convention, 1981, requires a national OSH policy, preventive measures, employer duties and worker participation; it binds only ratifying states.

ILO Convention 187

The Promotional Framework for Occupational Safety and Health Convention, 2006, promotes a national policy, system and programme for continuous OSH improvement.

Ratification effect

In Malaysia's dualist system, an ILO convention becomes directly enforceable only when ratified and incorporated into domestic legislation; otherwise it guides policy without creating legal duties.

OSH fundamental right

In June 2022 the International Labour Conference recognized a safe and healthy working environment as a fundamental principle and right at work under the ILO Declaration.