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NIOSH Safety and Health Officer (SHO) - Occupational Safety and Health Legislation (Malaysia) study materials
NIOSH Safety and Health Officer (SHO) - Occupational Safety and Health Legislation (Malaysia) study resources

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

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Question 1Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

The Occupational Safety and Health Act 1994 applies to all industries and places of work in Malaysia, but its application provision expressly excludes certain work. Which of the following is excluded from the Act's application?

  1. Work in a private security firm guarding a port
  2. Work in a public hospital
  3. Work carried out by members of the Malaysian Armed Forces in the course of their duties Correct answer.
  4. Work in a petrochemical refinery

Explanation

Section 3 applies the Act to all industries and all places of work in Malaysia, but carves out work in connection with the armed forces of Malaysia and work in connection with merchant shipping, which are dealt with under separate legislative arrangements. A refinery, a public hospital and a private security firm operating at a port are all places of work covered by the Act.

Question 2Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under section 15(1) of the Occupational Safety and Health Act 1994, an employer's duty to ensure the safety, health and welfare at work of employees is qualified by which expression?

  1. In accordance with the custom of the industry
  2. So far as is reasonably foreseeable
  3. To the maximum extent technically feasible
  4. So far as is practicable Correct answer.

Explanation

Section 15(1) requires every employer and self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all employees. The statutory yardstick is practicability, not an absolute guarantee, technical feasibility or industry custom. Practicability is defined by reference to whether the expenditure needed is grossly disproportionate to the benefit of the measure.

Question 3Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Which of the following is a general duty imposed on every employee at work by the Occupational Safety and Health Act 1994?

  1. To ensure that the employer's written safety and health policy is audited annually by an external body
  2. To carry out a risk assessment of the employer's undertaking and submit it to the Director General
  3. To provide all necessary personal protective equipment to fellow employees at no cost
  4. To take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work Correct answer.

Explanation

Section 24 places duties on employees, including taking reasonable care for their own safety and health and that of others affected by their acts or omissions, cooperating with the employer, using protective equipment provided and complying with safety instructions. Auditing the safety policy, supplying protective equipment and performing risk assessments are functions of the employer, not the employee.

Question 4Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A chemical company operates a tanker unloading bay beside a public road. During a transfer, vapour drifts across the road and affects passing motorists. Which duty under the Act is most directly engaged?

  1. The duty of the road authority to erect warning signs for motorists
  2. The employees' duty to take reasonable care of their own safety
  3. The duty of the employer to conduct its undertaking so that persons other than its employees who may be affected are not exposed to risks to their safety and health Correct answer.
  4. The duty to provide information, instruction and training to the company's own employees only

Explanation

The Act imposes a duty on every employer and self-employed person to conduct the undertaking in such a manner as to ensure, so far as is practicable, that persons who are not employees but may be affected are not exposed to risks to their safety or health. Passing motorists are exactly such persons, so the vapour release engages this duty directly.

Question 5Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under the Occupational Safety and Health Act 1994, an employer must establish a safety and health committee at a place of work when which threshold is met?

  1. More than five hundred persons are employed at the place of work
  2. More than five persons are employed at the place of work
  3. More than one hundred persons are employed at the place of work
  4. More than forty persons are employed at the place of work Correct answer.

Explanation

Section 30 requires an employer to establish a safety and health committee at the place of work where more than forty persons are employed, or where the Director General directs it. The committee is a joint employer-employee body whose functions are set out in the Act and elaborated in the Safety and Health Committee Regulations 1996.

Question 6Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A company imports pedestal drills and sells them to local workshops. The drills are delivered without any information on safe installation, use or maintenance. Which duty under the Act has most likely been breached?

  1. The duty of the safety and health committee to inspect new plant
  2. The duty of employees to wear protective equipment
  3. The duty of the importer or supplier to ensure that plant is safe and without risks to health when properly used and to provide adequate information about its use Correct answer.
  4. The duty of the employer to provide welfare facilities to its own employees

Explanation

The Act imposes duties on manufacturers, importers and suppliers of plant to ensure that the plant is safe and without risks to health when properly used, and to provide adequate information about installation, use, maintenance and disposal. Supplying drills with no such information breaches that duty independently of the purchaser's own duties as an employer.

Question 7Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

The Minister has issued an approved code of practice on manual handling. An employer chooses not to follow it. What is the legal effect of non-compliance?

  1. Non-compliance automatically constitutes an offence punishable by a fine
  2. Non-compliance shifts liability from the employer to the employees who performed the task
  3. The code has no legal effect and may not be referred to in any proceedings
  4. Non-compliance is not in itself an offence, but the code is admissible in evidence in proceedings under the Act Correct answer.

Explanation

An approved code of practice is not subsidiary legislation, so a failure to comply with it does not of itself create an offence. It is, however, admissible in evidence in proceedings under the Act and can be relied on as evidence of the standard of what is practicable in the circumstances.

Question 8Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A self-employed contractor works alone, installing air-conditioning units on the exterior of a building. Which statement best describes his position under the Act?

  1. He must employ a registered safety and health officer before starting the installation
  2. He owes duties only to the building owner and not to himself
  3. The Act's general duties apply to self-employed persons, so he must ensure, so far as is practicable, the safety and health of himself and of others affected by his work Correct answer.
  4. The Act does not apply to him because he has no employees

Explanation

The general duties are imposed on every employer and every self-employed person, so a sole contractor carries the same practicability-based duty. That duty covers his own safety and health at work as well as that of other persons who may be affected by his undertaking, such as occupants and passers-by.

Question 9Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

An employer argues that a machine guard needed to eliminate a serious amputation risk is too expensive and would reduce output. How should this argument be assessed under the Act?

  1. The argument is irrelevant because the employer's duty is absolute and no consideration of cost is permitted
  2. The argument is assessed against the 'so far as is practicable' standard, under which cost prevails only where the expenditure would be grossly disproportionate to the benefit of the risk reduction Correct answer.
  3. The argument is decisive because profitability takes priority over safety in a private undertaking
  4. The argument is relevant only if the employees agree in writing to accept the risk

Explanation

The Act defines 'practicable' as practicable without incurring expenditure that is grossly disproportionate to the benefit arising from the measures. Cost is therefore not irrelevant, but it can justify omitting a control only where the disproportion is gross, which is hard to show against a serious amputation risk. The duty is neither absolute nor subject to employee consent.

Question 10Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A factory employer engages an independent contractor to maintain its overhead crane. The contractor's technician fails to secure a component, and the crane drops its load, narrowly missing an employee. Which statement best reflects the employer's position under the Act?

  1. The employer cannot transfer its general duty by engaging a contractor; it must still ensure, so far as is practicable, the safety and health of its employees, including through proper selection, coordination and supervision of contractors Correct answer.
  2. Responsibility passes to the crane manufacturer because maintenance was beyond the employer's control
  3. Responsibility passes to the contractor only if the maintenance contract contains an express safety clause
  4. The employer bears no responsibility because the negligent act was done by an independent contractor

Explanation

The employer's general duty is personal and cannot be delegated to a contractor; the employer must still ensure, so far as is practicable, the safety and health of its employees. Proper contractor selection, coordination of the work and supervision are among the practicable measures expected, and a contractual clause does not transfer the statutory duty.

Question 11Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Section 4 of the Occupational Safety and Health Act 1994 sets out the objects of the Act. Which of the following is one of those objects?

  1. To provide financial compensation to employees injured at work.
  2. To license all factories before they begin operations.
  3. To fix minimum wage rates for hazardous industries.
  4. To secure the safety, health and welfare of persons at work. Correct answer.

Explanation

Section 4(a) states that an object of the Act is to secure the safety, health and welfare of persons at work against risks arising out of work activities. Compensation, wage fixing and factory licensing are governed by other legislation, so they are not objects listed in section 4.

Question 12Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under section 16 of the Occupational Safety and Health Act 1994, when must an employer prepare a written statement of policy on safety and health?

  1. Automatically, once the employer employs 40 or more persons.
  2. Only after a serious accident has occurred at the workplace.
  3. Only when a trade union submits a written request.
  4. When required to do so by the Director General. Correct answer.

Explanation

Section 16 requires an employer, when required by the Director General, to prepare and revise a written statement of general safety and health policy and the arrangements for carrying it out. The statement must be brought to the notice of employees. The 40-employee figure belongs to the section 30 committee requirement.

Question 13Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Section 17 of the Occupational Safety and Health Act 1994 imposes a duty on an employer to consult with employees. What is the subject of that consultation?

  1. The scheduling of public holidays for the year.
  2. The selection of the company's external auditor.
  3. Matters relating to safety and health at work. Correct answer.
  4. The employer's annual profit-sharing scheme.

Explanation

Section 17 requires an employer to consult employees or their representatives on matters relating to safety and health at work. The purpose is to allow those affected by workplace risks to contribute to decisions about them. Profit-sharing, auditor selection and holiday scheduling are not OSH consultation matters.

Question 14Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A building owner retains control of the common loading bay and external access stairs used by a tenant's employees. Under section 21 of the Occupational Safety and Health Act 1994, what duty does the building owner owe as a person in charge of those premises?

  1. To supervise the tenant's daily production activities.
  2. To insure the tenant's employees against workplace injury.
  3. To ensure the premises and access routes are safe. Correct answer.
  4. To conduct medical surveillance for the tenant's employees.

Explanation

Section 21 imposes duties on a person who has control of premises, requiring the premises, means of access and egress, and plant or substances under that control to be safe and without risks to health for persons at work. A landlord who retains control of common access areas therefore has a premises duty, while the tenant remains responsible for its own undertaking.

Question 15Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under section 29 of the Occupational Safety and Health Act 1994, at what employee threshold must an employer employ a safety and health officer at a place of work, unless the Director General directs otherwise?

  1. One hundred or more persons employed at the place of work.
  2. Forty or more persons employed at the place of work.
  3. Five hundred or more persons employed at the place of work. Correct answer.
  4. Two hundred and fifty or more persons employed at the place of work.

Explanation

Section 29 requires an employer to employ a safety and health officer where there are 500 or more persons employed at the place of work, or where the Director General directs. The 40-person threshold in section 30 triggers a safety and health committee instead.

Question 16Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A worker suffers a serious injury at a factory. Under section 32 of the Occupational Safety and Health Act 1994, to whom must the employer notify the accident?

  1. The local municipal council.
  2. The nearest occupational safety and health office. Correct answer.
  3. The company's private insurer.
  4. The nearest police station only.

Explanation

Section 32 requires an employer to notify the nearest occupational safety and health office of any accident, dangerous occurrence, occupational poisoning or occupational disease at the place of work. Notifying the police, a local council or an insurer does not by itself discharge that statutory duty.

Question 17Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Section 15(2) of the Occupational Safety and Health Act 1994 lists matters included in an employer's general duty. Which of the following is one of those matters?

  1. Paying an annual bonus to all employees.
  2. Providing free transport for employees to and from work.
  3. Providing and maintaining safe plant and systems of work. Correct answer.
  4. Allowing employees to set their own working hours.

Explanation

Section 15(2)(a) expressly includes the provision and maintenance of plant and systems of work that are safe and without risks to health. Other paragraphs cover safe use and storage of articles and substances, information, instruction, training and supervision, a safe workplace, and adequate welfare facilities.

Question 18Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under section 40 of the Occupational Safety and Health Act 1994, who has the power to make regulations for carrying out the purposes of the Act?

  1. The Director General of Occupational Safety and Health.
  2. The High Court.
  3. The National Council for Occupational Safety and Health.
  4. The Minister. Correct answer.

Explanation

Section 40 empowers the Minister to make regulations for carrying out the purposes of the Act. The Director General enforces the Act, the National Council advises the Minister, and the courts interpret the law; none of them exercises the section 40 regulation-making power.

Question 19Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A factory has a written lockout procedure for conveyor maintenance. Supervisors sign permits without checking, and workers routinely bypass the procedure. The employer claims the written procedure satisfies section 15(2)(a) of the Occupational Safety and Health Act 1994. Which statement best reflects the employer's duty?

  1. The employer must keep the system effective in practice, not just on paper. Correct answer.
  2. The written procedure is sufficient because the Act only requires documented systems of work.
  3. No breach can arise until an accident is caused by the bypassed procedure.
  4. The duty shifts to employees once they have been trained on the procedure.

Explanation

Section 15(2)(a) requires the provision and maintenance of safe plant and systems of work, so an employer must keep the system effective in practice. A documented procedure that is routinely bypassed and not enforced does not satisfy the maintenance element of the duty.

Question 20Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

The Director General requires a company to prepare a safety and health policy under section 16 of the Occupational Safety and Health Act 1994. The company writes 'Safety is everyone's responsibility' and files it in the head office. Which statement best describes the legal position?

  1. It is incomplete: it must state the policy, the arrangements, and bring it to employees' notice. Correct answer.
  2. The policy is valid because a short statement of principle is all that section 16 requires.
  3. The policy is valid because section 16 applies only to employers with 500 or more employees.
  4. The policy is valid because filing at head office is sufficient notice to all employees.

Explanation

Section 16 requires a written statement of the employer's general safety and health policy and the arrangements for carrying it out, and it must be brought to the notice of employees. A slogan filed at head office does not meet the content or communication requirements.

Question 21Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Which body is established under the Occupational Safety and Health Act 1994 to advise the Minister on matters relating to occupational safety and health?

  1. The Department of Occupational Safety and Health
  2. The National Council for Occupational Safety and Health Correct answer.
  3. The National Institute of Occupational Safety and Health
  4. The Social Security Organisation

Explanation

Section 8 of the Act establishes the National Council for Occupational Safety and Health, and section 10 gives it functions that include advising the Minister on occupational safety and health matters and promoting safety and health at work. The Department of Occupational Safety and Health is the enforcement department, while the National Institute of Occupational Safety and Health is a separate training and research institution.

Question 22Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A newly appointed safety officer finds a one-page 'safety policy' that contains only a statement of the company's commitment to safety. Under section 16(1) of the Act, what must the written statement also contain?

  1. The annual safety expenditure approved by the board
  2. A list of disciplinary penalties for safety offences
  3. The organisation and arrangements for carrying out the policy Correct answer.
  4. The names of all employees covered by the policy

Explanation

Section 16(1) requires a written statement of the employer's general policy together with the organisation and arrangements for the time being in force for carrying out that policy. Section 16(2) then requires the statement and any revision to be brought to the notice of all employees. A statement of commitment alone does not satisfy the statutory content requirement.

Question 23Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Which event must an employer notify to the nearest office of the Department of Occupational Safety and Health under section 32 of the Act?

  1. An employee's routine annual medical examination arranged by the company
  2. A worker's small cut that is treated with a plaster and involves no lost time
  3. The collapse of an overhead crane during a lift, even though nobody is injured Correct answer.
  4. A near miss in which a pallet wobbles but does not fall or damage anything

Explanation

Section 32 requires notification of accidents, dangerous occurrences, occupational poisoning and occupational disease. A crane collapse during lifting is a dangerous occurrence and must be reported even where no injury results. First-aid-only cuts and uneventful near misses do not fall within the listed categories.

Question 24Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A small factory has no safety and health committee and no employee representatives. What does section 17 require of the employer?

  1. Appoint an external consultant as the employees' representative
  2. Ask the visiting DOSH officer to represent the employees
  3. Wait until a committee is formed before consulting anyone
  4. Consult the employees directly on safety and health arrangements Correct answer.

Explanation

Section 17(1) requires an employer to consult employees or their representatives with a view to maintaining arrangements for cooperation on safety and health. The absence of a committee or formal representatives does not suspend that duty, so the employer must consult the employees themselves. Consultation is a continuing obligation rather than a one-off formality.

Question 25Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A manufacturer builds hydraulic presses for sale to Malaysian factories. Which duty applies to the manufacturer under the Act's provisions on plant?

  1. Guarantee the press against every possible failure
  2. Ensure the press is safe when properly used Correct answer.
  3. Register each press design with the National Council
  4. Train every purchaser's operators before delivery

Explanation

The Act places duties on manufacturers, importers and suppliers to ensure, so far as is practicable, that plant is designed and constructed to be safe and without risks to health when properly used. The duty is not an absolute guarantee against every failure. Training the purchaser's operators at the workplace is primarily the employer's duty.

Question 26Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

An authorised officer arrives at a factory during working hours. Which action is within the officer's powers under the Act?

  1. Cancel the employer's duty to report a fatal accident
  2. Seize an employee's private car from the car park
  3. Order the dismissal of a worker who breached a procedure
  4. Enter the premises and inspect the workplace Correct answer.

Explanation

Officers appointed under the Act have powers to enter and inspect workplaces, examine plant and processes, take samples, require production of documents and interview relevant persons. Those powers support investigation and enforcement of the Act. They do not extend to deciding employment discipline or waiving statutory reporting duties.

Question 27Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under section 2 of the Act, which relationship makes a person an 'employee' for the purposes of the general duties?

  1. A contract of service with an employer Correct answer.
  2. A contract for services with a client
  3. A partnership agreement between two firms
  4. A tenancy agreement for business premises

Explanation

Section 2 defines an employee by reference to a contract of service, which distinguishes employees from independent contractors engaged under a contract for services. Independent contractors and their workers are protected through other duties, such as the duty owed to persons other than employees. The nature of the relationship, not the label used by the parties, determines the position.

Question 28Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under section 2 of the Act, who is the 'occupier' of premises?

  1. The employer with the largest workforce at the premises
  2. The local authority that approved the building plans
  3. The registered proprietor whose name appears on the land title
  4. The person with management or control of the premises Correct answer.

Explanation

The Act defines an occupier by reference to management or control of the premises rather than legal ownership. This allows duties to fall on a tenant or site controller who actually runs the workplace. Ownership of the land may be relevant evidence, but it is not the statutory test.

Question 29Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A specific regulation made under the Act prescribes a guard for a particular machine. The employer fits that guard. In a prosecution under section 15, which statement is correct?

  1. The regulation replaces section 15 so that only the regulation applies
  2. Fitting the prescribed guard does not by itself discharge the general duty Correct answer.
  3. Fitting the prescribed guard is a complete defence to the section 15 charge
  4. The general duty is suspended once a regulation covers the same risk

Explanation

Section 15 imposes a broad performance duty to ensure safety so far as is practicable, while regulations set minimum standards for particular risks. Compliance with a minimum standard is relevant evidence but does not automatically prove that the employer has done everything practicable. The general duty continues to operate alongside the specific regulation.

Question 30Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

An experienced machine operator removes a fixed guard to speed up production and is injured. The employer had provided the guard, training and supervision. Which statement best reflects the employer's position under section 15?

  1. The employer is liable only where the employee had received no safety training at all
  2. The employer is automatically liable whenever any employee is injured at work
  3. The employer may still be in breach if safety was not ensured so far as practicable Correct answer.
  4. The employer cannot be in breach because the employee deliberately removed the guard himself

Explanation

Section 15 places a continuing duty on the employer to ensure safety so far as is practicable, and an employee's negligent act does not automatically extinguish that duty. Whether the employer is in breach depends on whether it did what was practicable, including effective supervision and measures to prevent guard removal. The duty is not strict in the sense that every injury automatically proves a breach.

Question 31Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Under section 24 of the Occupational Safety and Health Act 1994, which obligation rests on every employee at a place of work?

  1. Employ a competent safety and health officer for the workplace.
  2. Formulate the employer's written safety and health policy.
  3. Provide, at his own expense, any protective equipment that the employer requires him to use.
  4. Take reasonable care of his own safety and that of others affected. Correct answer.

Explanation

Section 24 places a general duty on employees to take reasonable care of their own safety and health and of others affected by what they do or fail to do. Employees must also cooperate with the employer and use protective equipment provided, but they do not carry the employer's statutory duties.

Question 32Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

An employer issues safety helmets to workers because a regulation made under the Act requires head protection. The employer proposes to deduct RM40 from each worker's monthly wages for the helmets. Which statement reflects section 25 of the Act?

  1. It is prohibited; the employer must bear the cost of compliance. Correct answer.
  2. The deduction is permitted if every affected worker agrees to it in writing.
  3. The deduction is permitted only for workers earning above the minimum wage.
  4. The deduction is permitted up to fifty per cent of the helmet's cost.

Explanation

Section 25 prevents an employer from charging or deducting from an employee any amount for anything done or provided to meet a requirement of the Act or its regulations. Safety helmets required by a regulation are therefore at the employer's cost, and employee consent does not make the deduction lawful.

Question 33Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Section 15(1) of the Act requires an employer to ensure the safety, health and welfare at work of employees to what extent?

  1. So far as is practicable. Correct answer.
  2. Only where an employee has made a written complaint.
  3. To the standard of absolute liability without exception.
  4. Only to the extent specified in the employer's written policy.

Explanation

The employer's general duty in section 15(1) is qualified by the phrase 'so far as is practicable'. It is therefore not an absolute guarantee, but it requires positive steps to identify and control workplace risks rather than waiting for an employee complaint or relying only on a policy document.

Question 34Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A demolition contractor plans to drop debris from an upper floor into skips positioned beside a public walkway. Employees of a neighbouring business and members of the public use that walkway. Which general duty under the Act governs the contractor's obligation towards those non-employees?

  1. The duty of an employee to take reasonable care for his own safety and health and that of his co-workers only.
  2. The duty of the Director General to supervise the demolition personally and to station an officer at the site.
  3. The duty of a manufacturer to ensure that the demolition plant is safe and without risks when supplied for sale.
  4. The duty to conduct the undertaking so that non-employees are not exposed to risks, so far as is practicable. Correct answer.

Explanation

Section 20 imposes a general duty on employers and self-employed persons towards persons other than their employees who may be affected by the undertaking. The contractor must therefore consider neighbours and the public when choosing where to drop debris, not only the safety of its own workers.

Question 35Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A factory's ammonia refrigeration plant is operated and maintained by a contractor's site engineer who is in charge of the plant during the contract. Under section 22 of the Act, what is the core duty of that person in charge?

  1. To sell the plant only with a manufacturer's warranty covering all defects.
  2. To keep the plant safe and without risks, with safe access and egress. Correct answer.
  3. To register the plant with the National Council for Occupational Safety and Health before use.
  4. To prepare and revise the employer's written safety and health policy.

Explanation

Section 22 places a duty on the person in charge of plant to ensure that the plant is safe and without risks to health and that safe access and egress are provided. The duty attaches to the person actually in charge of the plant, which may be a contractor's engineer rather than the factory owner.

Question 36Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A clothing factory has 60 employees and no safety and health committee. What does section 30 of the Act require the employer to do?

  1. Establish a safety and health committee at the workplace. Correct answer.
  2. Ask employees to form a trade union for safety matters.
  3. Refer the matter to the National Council for a decision.
  4. Appoint a safety and health officer instead of a committee.

Explanation

Section 30 requires an employer to establish a safety and health committee at a place of work where forty or more persons are employed. With sixty employees, the factory must set up a committee; it cannot substitute a safety and health officer or leave the matter to the National Council.

Question 37Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

What is the legal effect, in criminal proceedings under the Act, of an approved code of practice issued under the Act?

  1. The code is admissible in evidence, but breach of it is not itself an offence. Correct answer.
  2. The code replaces the Act and regulations for all workplaces.
  3. The code has the same force as a regulation, so any departure from it is an offence.
  4. The code is advisory only and cannot be produced in court.

Explanation

An approved code of practice is not a substitute for the Act or regulations. Under the Act, a failure to observe an approved code is not of itself an offence, but the code is admissible in evidence and may be used to assess whether a duty has been complied with.

Question 38Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

For the purposes of the general duties in the Act, which item falls within the definition of 'plant'?

  1. A conveyor system installed in a factory. Correct answer.
  2. A first-aid certificate held by a supervisor who has completed training.
  3. The company's annual safety budget.
  4. A worker's employment contract.

Explanation

Section 2 defines plant broadly to include machinery, equipment, appliances, implements and their components used at work. A conveyor system is therefore plant, while documents such as contracts, budgets and certificates are not.

Question 39Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

An employer identifies a risk of hand injury at a press. A full guard costs RM15,000, which the employer says it cannot afford; a cheaper guard is available but leaves a residual risk that could be eliminated by an interlock. How should the employer's duty under section 15(1) be assessed?

  1. The employer must weigh risk against the cost and difficulty of control; cost alone does not excuse a serious risk. Correct answer.
  2. The employer is excused because a cheaper guard exists, even if it does not control the main risk.
  3. The employer may rely on the employees' consent to accept the residual risk, which removes the duty.
  4. The employer has no further duty once it has spent any amount on a guard, because the Act is satisfied by any protective measure at all.

Explanation

The section 15(1) duty is to ensure safety so far as is practicable. That requires the employer to weigh the risk against the sacrifice needed to control it; a serious risk cannot be left uncontrolled merely because the better control is costly, and employee consent does not displace the statutory duty.

Question 40Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A principal engages a contractor to clean a storage tank. The principal's site manager controls access to the tank and specifies the cleaning method. A contractor worker is overcome by fumes. Which statement best describes the principal's position under the general duties in the Act?

  1. The principal may owe a duty because it controlled the workplace and the work. Correct answer.
  2. The principal is liable only if the worker is its direct employee under a written contract.
  3. The principal has no duty because the worker is employed by an independent contractor.
  4. The principal's only duty is to pay the contractor, since safety is exclusively the contractor's responsibility.

Explanation

The general duties can reach a principal who conducts an undertaking or controls a workplace, even where the injured worker is employed by a contractor. Because the site manager controlled access and specified the method, the principal cannot assume that the contractor's duties exhaust its own obligations to prevent exposure to fumes.

Question 41Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

Section 1(2) of the Occupational Safety and Health Act 1994 determines the reach of the Act. Which statement correctly describes that reach?

  1. Only factories registered under the Factories and Machinery Act 1967
  2. The industries listed in the First Schedule to the Act Correct answer.
  3. Every workplace in Malaysia without any limitation
  4. Only workplaces that employ more than forty persons

Explanation

Section 1(2) applies the Act throughout Malaysia to the industries specified in the First Schedule, a broad list that covers manufacturing, construction, mining and quarrying, transport, utilities and several service sectors. Coverage is therefore sector-based, not dependent on factory registration or on the size of the workforce.

Question 42Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

The long title of the Occupational Safety and Health Act 1994 states the purposes of the legislation. Which pair of purposes is stated there?

  1. Registering factories and certifying machinery for use
  2. Paying compensation to workers injured in industrial accidents
  3. Regulating wages, hours of work and leave entitlements
  4. Protecting persons at work and others affected by work activities Correct answer.

Explanation

The long title describes an Act made to secure the safety, health and welfare of persons at work and to protect others against risks to safety or health connected with the activities of persons at work. It also provides for the establishment of the National Council and related matters.

Question 43Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

An employer has completed a written statement of its general safety and health policy and of the organisation and arrangements for carrying it out. What does section 16 require the employer to do next?

  1. Bring it, and any revision of it, to the notice of all employees Correct answer.
  2. Submit it to the Director General for approval before it takes effect
  3. Keep it in the manager's office for inspection on request only
  4. Gazette it so that it becomes binding on the whole industry

Explanation

Section 16 requires the employer to formulate the written statement of policy and of the organisation and arrangements in force for carrying it out, and to bring that statement and any revision of it to the notice of all employees. No approval by the Director General and no gazettal is required.

Question 44Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A factory installs a new solvent dispensing unit. Workers are told merely to 'be careful' and receive no written procedure, demonstration or supervision on decanting the solvent. Which limb of section 15(2) is most directly engaged?

  1. Provision of such information, instruction, training and supervision as is necessary Correct answer.
  2. Provision and maintenance of plant and systems of work that are, so far as practicable, safe
  3. Provision and maintenance of adequate welfare facilities and arrangements
  4. Making arrangements for the safe use, handling and transport of substances

Explanation

Section 15(2)(c) requires the employer to provide such information, instruction, training and supervision as is necessary to ensure the safety and health at work of employees. Introducing a new solvent unit without a procedure, demonstration or supervision fails that limb, even where the equipment itself is sound.

Question 45Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

During a plant upset, a chemical plant's emergency vent releases a vapour cloud that drifts over an adjacent residential area and exposes residents. Which duty under the Act best describes the plant operator's obligation to those residents?

  1. A duty under section 17 towards persons who are not employees Correct answer.
  2. A duty only if the residents' houses lie inside the plant boundary fence
  3. A duty belonging exclusively to the local authority under planning law
  4. No duty at all, because the residents are not employees of the operator

Explanation

Section 17 requires every employer and self-employed person to conduct the undertaking in such a manner as to ensure, so far as is practicable, that persons other than employees who may be affected are not exposed to risks to their safety or health. Residents affected by an escape from the plant fall within that protection.

Question 46Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A shopping mall's management occupies the building and employs its own cleaning team. A shopper slips on a wet floor that the team left unmarked. In relation to the shopper, which duty under the Act applies?

  1. A duty that arises only once the shopper has paid for goods
  2. A section 15 duty only, since the cleaner is an employee of the mall
  3. No statutory duty, because the shopper entered the mall voluntarily
  4. A section 18 duty as occupier towards persons who are not employees Correct answer.

Explanation

Section 18 places a duty on the occupier of premises towards persons other than employees who may be on the premises, requiring practicable measures to keep the premises and means of access and egress safe and without risks to health. The shopper is such a person, and an unmarked wet floor breaches that occupier duty.

Question 47Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A garment factory supplies drinking water from a single tap inside a toilet block and provides no resting place for workers who stand at machines throughout their shift. Which limb of the general duty best captures this deficiency?

  1. Provision of such information, instruction, training and supervision as is necessary
  2. Safe use, handling, storage and transport of articles and substances
  3. Maintenance of every place of work in a condition that is safe and without risks
  4. A working environment adequate as regards facilities and arrangements for welfare Correct answer.

Explanation

Section 15(2)(e) requires the provision and maintenance of a working environment that is safe and without risks to health and is adequate as regards facilities and arrangements for the welfare of employees at work. Drinking water and rest arrangements for workers who stand continuously are welfare matters caught by that limb.

Question 48Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A company's safety and health policy states that the appointed safety and health officer is 'fully responsible for all safety matters', and the plant manager relies on that statement. An unsafe system of work later causes injury. Which statement is correct?

  1. No one is liable, because the policy assigned responsibility to a competent person
  2. The employer's section 15 duty remains; internal allocation of tasks does not transfer it Correct answer.
  3. The safety and health officer alone is liable, since responsibility was delegated in writing
  4. The plant manager is liable in place of the employer, because he relied on the officer

Explanation

The duty in section 15 is imposed on the employer and cannot be signed away or transferred by a policy statement or job description. Appointing a competent safety and health officer assists compliance, but the employer remains answerable for any failure, and an officer or manager may separately bear liability under other provisions.

Question 49Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

A lorry driver employed by a haulage company is delivering to a factory when a badly stacked pallet collapses on him in the loading bay. Which statement correctly describes the factory operator's duty towards the driver?

  1. A duty owed by DOSH, since the driver's employer is a different company
  2. A duty only if the driver signed the site safety register on arrival
  3. A section 17 duty, since the driver may be affected by the undertaking Correct answer.
  4. No duty at all, since the driver is employed by a separate haulage company

Explanation

Section 17 covers persons other than employees who may be affected by the conduct of the employer's undertaking, so the factory operator owes the visiting driver a duty independently of the driver's own employer. The haulage company's duty to its own employee under section 15 does not displace the factory's duty.

Question 50Occupational Safety and Health Act 1994 (Act 514) - General Duties and Framework

DOSH publishes a guideline recommending a higher guarding standard than the regulations require for a particular machine. An employer complies with the regulations but does not adopt the higher standard, and a worker is later injured at that machine. Which statement best describes the legal position?

  1. The employer commits an offence simply by departing from the guideline
  2. The guideline prevails over the regulations as the more specific document
  3. No duty arises, since no regulation prescribes the higher standard
  4. The guideline is not law, but it may inform what was practicable under section 15 Correct answer.

Explanation

Guidelines issued by the Department are administrative guidance rather than subsidiary legislation, so departing from them is not in itself an offence. They remain relevant because a court may consider them when judging whether the employer did all that was practicable to meet the general duty in section 15.