Enforcement, Penalties and Legal Procedures
Domain 5 - Enforcement, Penalties and Legal Procedures
This domain tests how DOSH and the courts enforce OSH law: inspector powers, notices, prosecution, corporate liability and appeals.
Core rules
- DOSH inspectors are appointed under OSHA and have powers to enter premises, inspect, take samples, require documents, interview persons and seize articles. Obstruction is itself an offence.
- Inspectors may issue improvement notices requiring remediation of a contravention, and prohibition notices stopping an activity that involves a risk of serious personal injury. Prohibition notices can take effect immediately.
- Prosecutions are criminal. The Public Prosecutor or the Director General may prosecute; the standard is beyond reasonable doubt. Many OSH offences are duty-based, so the prosecution must prove the duty, the failure and the resulting risk - not necessarily an accident.
- Penalties were substantially increased by the 2022 amendment, with maximum fines of RM500,000 for key general-duty offences. Directors, managers and secretaries may be personally liable where an offence by a body corporate was committed with their consent, connivance or neglect.
- Appeals against notices generally lie to the Minister within a prescribed period; the notice may remain in force pending appeal unless suspended.
Worked example
An inspector finds a press with the guard removed and a worker's hand within reach. She issues a prohibition notice stopping use of the press immediately. The employer continues production. That is an offence separate from the original guarding failure, and the inspector may prosecute, seal the machine and require a safe system before restart.
Traps
Do not say an accident is required for prosecution; exposure to risk can be enough. Do not confuse improvement and prohibition notices. Do not assume a director is automatically liable; the statutory gateway must be proved. Do not describe OSH penalties as civil damages.