OSHA 1994 (Act 514): General Duties and Framework
Domain 1 - OSHA 1994 (Act 514): General Duties and Framework
This domain tests the architecture of Malaysia's principal OSH statute: who owes duties, to whom, and how the Act's goal-setting style differs from old prescriptive rules. Questions often turn on section numbers, the meaning of 'so far as is practicable', and the 2022 amendments.
Core rules
- The Occupational Safety and Health Act 1994 (Act 514) is a Robens-style, self-regulatory statute. It imposes broad duties rather than listing every hazard.
- Section 15 places the primary duty on every employer to ensure, so far as is practicable, the safety, health and welfare of employees at work. It covers plant and systems of work; use, handling, storage and transport of substances; information, instruction, training and supervision; access and egress; and the working environment.
- Section 16 extends the employer's duty to persons not in employment who may be affected. Sections 19 and 20 impose duties on employees and on designers, manufacturers, importers and suppliers.
- Section 17 requires a written safety and health policy, brought to employees' notice. The policy must be revised as circumstances change.
- The 2022 amendment raised maximum penalties for key general-duty offences, notably section 15, to RM500,000, with imprisonment still available.
Worked example
A worker loses a finger in an unguarded press. The employer says the worker was careless. That is not a complete answer: section 15 required safe plant and a safe system of work before the incident. The worker's own duty under section 19 is additional, not a substitute for the employer's duty. The inspector can prosecute the employer and may also consider the employee's conduct in deciding the charge.
Traps
Do not confuse 'so far as is practicable' with the UK formula 'reasonably practicable'; the Malaysian test is not a pure cost-benefit balance. Do not assume the Act applies only to factories - it is sector-wide. Do not quote pre-2022 fines.