Occupational Safety and Health Act Amendments 2022

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Questions and Answers

What is the main reason for the amendment to the Occupational Safety and Health Act 1994?

  • To simplify the legislation and make it user-friendly.
  • To address new safety issues raised by emerging technologies.
  • To improve the enforcement of existing legislation.
  • All of the above. (correct)

What is the key change introduced by the amendment with regards to industry scope?

  • The amendment clarifies the distinction between different types of industries.
  • The amendment excludes certain industries from the scope of the act.
  • The amendment introduces new categories of industries.
  • The amendment extends the scope of the act to include all industries in Malaysia. (correct)

What is the primary reason for introducing the Occupational Safety and Health (Amendment) Act 2022?

  • To update the legislation in line with the latest technological advancements.
  • To enhance the rights and protections of employees.
  • To increase the penalties for violations of safety regulations.
  • To streamline the process of workplace safety regulation by consolidating two acts into one. (correct)

What is the significance of the increased penalty rate for violations of the Occupational Safety and Health (Amendment) Act 2022?

<p>It aims to deter companies from engaging in unsafe practices. (D)</p> Signup and view all the answers

What does the amendment intend to achieve by providing for the rights of employees and young workers?

<p>To increase the accountability of employers for the safety of their workers. (C)</p> Signup and view all the answers

Which of the following was NOT a key factor in the decision to amend the Occupational Safety and Health Act 1994?

<p>The necessity to update the act to align with international safety standards. (B)</p> Signup and view all the answers

What is the main purpose of the amendment's provision for the appointment of Occupational Safety and Health Officers (OSHOs) and Factory and Machinery Inspectors (FMIs)?

<p>To provide legal framework for the appointment of qualified personnel for enforcing safety regulations. (C)</p> Signup and view all the answers

What is a key benefit of consolidating the Occupational Safety and Health Act 1994 and the Factories and Machinery Act 1967 into one act?

<p>All of the above. (D)</p> Signup and view all the answers

What authority does the Minister have regarding plant inspections?

<p>To grant licenses with specified conditions (B)</p> Signup and view all the answers

What primary duty is imposed on employers as per the amendments?

<p>To ensure the safety, health, and welfare of employees (C)</p> Signup and view all the answers

Which phrase was removed in Section 15 of the amendment?

<p>And self-employed persons (B)</p> Signup and view all the answers

What is included in the general duties of employers as stated in the amendment?

<p>Developing emergency procedures for workplace issues (C)</p> Signup and view all the answers

What does subsection (2) primarily focus on?

<p>Specific duties relating to safety measures (C)</p> Signup and view all the answers

What were employers required to provide according to the general duties outlined?

<p>Information and training to employees (D)</p> Signup and view all the answers

Which of the following is NOT a responsibility of employers as mentioned in the amendment?

<p>Payment of employee bonuses (C)</p> Signup and view all the answers

How did the amendment improve procedures for handling emergencies?

<p>By requiring the development and implementation of emergency procedures (D)</p> Signup and view all the answers

What is the minimum number of employees an employer must have to appoint an occupational safety and health coordinator?

<p>Five (B)</p> Signup and view all the answers

What is the role of the Director General in relation to occupational safety and health training?

<p>To issue instructions for refresher courses (B)</p> Signup and view all the answers

Who is required to attend an occupational safety and health training course according to Section 31A?

<p>Prescribed classes of persons as specified in an order (A)</p> Signup and view all the answers

What must an employer do before allowing an employee to perform work that requires OSH training?

<p>Ensure the employee completes the required training course (A)</p> Signup and view all the answers

Which of the following statements about employers who have appointed a Safety and Health Officer is correct?

<p>They do not need to appoint an OSH coordinator regardless of employee count. (C)</p> Signup and view all the answers

According to the content, what can DOSH do regarding the occupational safety and health training course?

<p>Publish classes of persons required to attend training (C)</p> Signup and view all the answers

What type of training provider is required for the occupational safety and health training courses?

<p>Registered training providers (A)</p> Signup and view all the answers

Refresher courses for occupational safety and health training may be required by which authority?

<p>Director General (C)</p> Signup and view all the answers

What is required for a person to carry out activities outlined in the 5th Schedule?

<p>They must be registered as a competent person. (C)</p> Signup and view all the answers

What is the validity period of the registration for both competent persons and training providers?

<p>3 years (B)</p> Signup and view all the answers

Which of the following is true regarding the duties during an inquiry under the OSHA amendment?

<p>The occupier must provide necessary assistance for the inquiry. (C)</p> Signup and view all the answers

What has changed regarding the liability of directors in a body corporate under the amendment?

<p>Directors face the same penalties as the body corporate. (D)</p> Signup and view all the answers

What must a person do to conduct OSH training as a registered training provider?

<p>Register as a training provider. (A)</p> Signup and view all the answers

What is the consequence of failing to register as a competent person before carrying out specified activities?

<p>A fine may be imposed. (C)</p> Signup and view all the answers

Which of the following statements about the renewal of registration for competent persons is inaccurate?

<p>Renewal will cost more than initial registration. (B)</p> Signup and view all the answers

In the context of the amendments, which entity has specific duties during inquiries?

<p>The owner or occupier of the premise (D)</p> Signup and view all the answers

Which of the following types of workers are specifically excluded from the scope of the OSHA laws?

<p>Domestic servant (C)</p> Signup and view all the answers

According to the OSHA (Amendment) 2022, who is considered an 'employer'?

<p>Any person who has entered into a contract of service to employ another person (C)</p> Signup and view all the answers

What is the key difference in the definition of 'employer' between the original OSHA 1994 and the OSHA (Amendment) 2022?

<p>The 2022 amendment removes the distinction between immediate and principal employers. (B)</p> Signup and view all the answers

What new role was introduced in the OSHA (Amendment) 2022?

<p>Licensed Person (C)</p> Signup and view all the answers

How does the OSHA (Amendment) 2022 change the responsibility for workplace safety?

<p>It creates a joint responsibility between the employer and the licensed person. (C)</p> Signup and view all the answers

What is the significance of the OSHA (Amendment) 2022 in terms of the appointment of officers?

<p>It introduces a new system for appointing licensed individuals for safety-related functions. (D)</p> Signup and view all the answers

In the context of the OSHA legislation, what is the primary responsibility of the 'Occupier'?

<p>To ensure the safety of all workers on site, regardless of their employer. (B)</p> Signup and view all the answers

What is the main difference between the OSHA 1994 and the OSHA (Amendment) 2022 regarding the definition of 'employer'?

<p>The 2022 amendment broadens the definition to include all individuals who contract workers. (A)</p> Signup and view all the answers

When is it necessary to appoint an Occupational Safety and Health Coordinator (OSH-C)?

<p>When an employer has 5 or more employees and their workplace is NOT specified in the Gazette under subsection 29(1) (B)</p> Signup and view all the answers

What is the main purpose of an Occupational Safety and Health Coordinator (OSH-C)?

<p>To coordinate occupational safety and health issues at the workplace (A)</p> Signup and view all the answers

Which of the following statements is TRUE regarding the Occupational Safety and Health Officer (SHO)?

<p>A SHO can be appointed for multiple workplaces at the same time. (C)</p> Signup and view all the answers

Which of the following circumstances would NOT require the appointment of an Occupational Safety and Health Coordinator (OSH-C)?

<p>An employer within a class mentioned in the Gazette under subsection 29(1) (C), An employer within a description of workplace published in the Gazette under subsection 29(1) (D)</p> Signup and view all the answers

Which of the following is a key difference between the role of the Occupational Safety and Health Officer (SHO) and the Occupational Safety and Health Coordinator (OSH-C)?

<p>The SHO can be appointed for multiple workplaces, while the OSH-C can only be appointed for one. (D)</p> Signup and view all the answers

The Occupational Safety and Health Officer (SHO) is appointed by:

<p>The employer (A)</p> Signup and view all the answers

What is the primary function of the Director General in the context of appointing a Safety and Health Officer (SHO)?

<p>Authorizing the appointment of an SHO for multiple workplaces. (B)</p> Signup and view all the answers

In the context of the Occupational Safety and Health (OSH) regulations, what is the purpose of the Gazette?

<p>To publish the classes or descriptions of workplaces requiring the appointment of an SHO. (D)</p> Signup and view all the answers

Flashcards

Occupational Safety and Health Act 1994

A legislation enacted to ensure workplace safety and health in Malaysia.

Amendment Act 2022

An update to the Occupational Safety and Health Act to improve safety regulations.

Factories and Machinery Act 1967

A legislation that covers the safety and regulation of machinery in industrial settings.

Purpose of Amendment

To resolve conflicts between OSHA and FMA, streamline regulations, and address new OSH challenges.

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Penalties under Amendment

Increased penalties from RM 50,000 to RM 500,000 to enforce compliance.

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Rights of Employees under Amendment

Provision to protect the rights of employees, focusing on young workers.

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Scope of Coverage

The Amendment Act applies to all industries and players, ensuring comprehensive safety regulations.

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Responsibilities of Industry Players

Clarifies the duties and accountabilities of contractors and subcontractors in ensuring safety.

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Exempt Workplaces

Certain types of employment are exempt from OSHA regulations: domestic servants, armed forces, and ship work.

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Immediate vs Principal Employer

An 'employer' can be either the immediate employer or the principal employer, or both according to OSHA.

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OSHA 1994 vs Amendment 2022

Amendments in 2022 updated definitions and added new responsibilities for employers under OSHA.

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Definition of Employer

According to OSHA, an 'employer' is someone in a contract of service employing others.

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Licensed Person

A 'licensed person' is someone granted a license to perform specific functions under OSHA.

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Appointment of Officers

New sections have been added in 2022 regarding the appointment and licensing of officers under OSHA.

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Revocation of License

OSHA Amendment allows for revocation of licenses under specified conditions.

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Functions of a Licensed Person

Specific functions under OSHA that require a licensed person to ensure compliance with safety standards.

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Minister's Power

The Minister can grant licenses for plant inspections and fitness certificates.

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Employer's Duty

Employers must ensure employee safety, health, and welfare at work, as practicable.

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Self-Employed Exclusion

Amendment removed self-employed persons' duties towards employees.

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Plant Provision

Employers must provide and maintain safe plant systems for employees.

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Emergency Procedures

Employers must develop procedures for handling workplace emergencies.

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Work Environment Maintenance

Employers must maintain a working environment conducive to safety and health.

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Training and Information

Employers are required to provide information, instruction, and training to employees.

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Health and Welfare Focus

The employer's duty extends to ensuring health and welfare in the workplace.

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Safety and Health Officer

A competent person appointed to oversee workplace safety and health.

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Competent Person

An individual qualified to perform specific work tasks safely and effectively.

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Occupational Safety and Health Coordinator

An employee appointed to manage safety issues in workplaces with 5+ workers, if not under OSHA.

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Employer's Responsibility

An employer must appoint a safety officer or coordinator based on workplace classification.

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Class of Industries

Specific categories of industries designated for safety regulations by the Minister.

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Subsection 29(1)

Describes the workplaces subject to specific safety regulation orders.

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Appointment Condition for Safety Officer

A safety officer can only cover one workplace at a time unless specified otherwise.

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Gazette Publication

Official publication used to announce orders regarding workplace safety classifications.

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Safety and Health Officer (SHO)

A designated individual responsible for overseeing workplace safety, not mandatory for all employers.

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OSH Training Courses

Mandatory training courses for certain employees to ensure safety knowledge before work.

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Registered Training Provider

An organization authorized to conduct OSH training programs for employees.

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Refresher Course

Additional training required periodically to update employee safety knowledge.

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DOSH

Department of Occupational Safety and Health, responsible for enforcing OSH training regulations.

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Training Requirement Compliance

Employers must ensure employees complete OSH training before performing related work.

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Minister's Order for Training

An official directive allowing the Minister to mandate specific OSH training for certain employees.

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Registration Validity

Competent person or training provider registration is valid for 3 years.

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Liability of Directors

Directors of a company can be charged for offenses committed by the company.

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Accident Notification Duties

Owners and occupiers must assist in inquiries following accidents.

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Cancellation of Registration

Registration as a competent person or training provider can be canceled.

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Application for Registration

The process includes registration, fee payment, and meeting approval conditions.

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Renewal of Registration

After 3 years, competent persons and training providers must renew their registration.

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Study Notes

Occupational Safety and Health (Amendment) Act 2022

  • Passed by Dewan Rakyat on October 27, 2021
  • Royal Assent: March 4, 2022
  • Gazette publication: March 16, 2022

Background

  • Two main legislations: Occupational Safety and Health Act 1994 (OSHA 1994) and Factories and Machinery Act 1967 (FMA 1967)
  • OSHA 1994 passed by Parliament, enacted and enforced by DOSH since 1994.
  • Amendment aims to improve and facilitate methods of regulating behavior in safe working environments.
  • FMA 1967 was amended in 2006 to redefine machinery and plant, and empower the person/body to perform DOSH functions.
  • Stakeholders and organizations involved in OSHA & FMA provided feedback.
  • Conflict of decision exists between OSHA and FMA perspectives.
  • Both acts need review ensuring current needs and future expectations are met.
  • New emerging OSH issues are arising from new technology.
  • Combining OSHA and FMA into one Act (OSHA (Amendment) 2022) provides easier administration for the industry.

Why Migration?

  • Includes all industries in Malaysia
  • Covers all industry players including developers, employers, contractors and subcontractors
  • Clarifies responsibilities and accountabilities of industry players including contractors, sub-contractors, and outsourcing.
  • Strengthens Majlis Negara (MNKKP) function, including the role of Chairman & MNKKP (National Safety Council) members, and broadens MNKKP's overall function.
  • Legalizes administrative work with clearer outlines for OYK/FYK (competent person) appointments and accountabilities.
  • Increases the penalty rate for offenses.
  • Improves the compound provision for easier mechanisms on compounding and appealing.
  • Provides employee rights to leave hazardous environments, and restricts employing young people in hazardous activities.

Preliminary

  • OSHA 1994, section 1: Short title and application
  • OSHA (Amendment) 2022, Section 1: Application to all places of work in Malaysia, which includes public services and statutory authorities; and non-application to certain types of work (outlined in the First Schedule), such as work on ships governed by certain ordinances.
  • OSHA (Amendment) 2022, Section 2: Applicability throughout Malaysia to specific industries
  • OSHA (Amendment) 2022, Section 3: Clarifies definitions and amendments; "Employer" now means any person who has a service contract; immediate and principal employer definitions removed
  • OSHA 1994, Section 3: Interpretation of "employer"
  • OSHA (Amendment) 2022 definition of a licensed person (subsection 7a).

Duty Holder: Duties & Responsibilities

  • OSHA 1994: Employer, immediate employer and principal employer
  • OSHA (Amendment) 2022: Employer, immediate employer, principal employer, principal contractor, contractor, subcontractor, occupier

Appointment of Officers

  • OSHA 1994: None
  • OSHA (Amendment) 2022: New section 7, related to the appointment, revocation, and granting of licences for licensed persons to fulfill specific functions.

General Duties of Employers, Self-Employed Persons and Principal

  • OSHA 1994: General duties of employers and self-employed persons, including provision and maintenance of plant and systems.
  • OSHA (Amendment) 2022: Removal of "self-employed" from general duty clause; Procedures for dealing with emergencies. Duties of principals related to the safety and health of
  • contractors working for them
  • subcontractors working for them
  • employees of such contractors and subcontractors.

General Duties of Employers, Self-Employed Persons and Principal (Amendment 2022)

  • New Section 18(a): "Duties of principal" defines the principal's responsibility for ensuring the safety and health of contractors, subcontractors, and employees of those contractors/subcontractors.
  • New Section 18(b): "Duty to conduct and implement risk assessment"—requires employers, self-employed persons, and principals to evaluate and manage work-related hazards to ensure safety and health for all affected parties.

General Duties and Rights of Employee

  • OSHA 1994: None
  • OSHA (Amendment) 2022: New section 26a about employee rights to self-preservation, and the meaning of "imminent danger."

Improvements in OSHA (Amendment) 2022

  • OSHA 1994 provisions migrated under FMA 1967, and amended to become Part VIA under OSHA (Amendment) 2022 with a provision for notification of occupation, installation and inspection of plant, etc., which includes:
  • Prescription of plant requiring certificate of fitness
  • Installation of plant
  • Certificate of fitness
  • Periodic inspection of plant
  • Special scheme of inspection

Amendments to Section 29: Safety and Health Officer (SHO)

  • OSHA 1994: No specific section
  • OSHA (Amendment) 2022: Revised section 29 for safety and health officer, with requirements to appoint a safety and health officer at places of work and for specific types of businesses/industries.

Safety & Health Organizations

  • OSHA 1994: No provision
  • OSHA (Amendment) 2022: New section 29A for occupational safety and health coordinators for employers with 5 or more employees, and to cover those workplaces that aren't covered under existing safety and health officer orders.

Safety and Health Training Courses

  • OSHA 1994: No provision
  • OSHA (Amendment) 2022: New section 31a for occupational safety and health training courses, and details on who is required to attend them.

Competent Person and Registered Training Provider

  • OSHA 1994: No provision
  • OSHA (Amendment) 2022: New Part VII (A) for competent person and registered training provider; clarifying roles, responsibilities, and requirements for these roles.

Notification of Accidents, Dangerous Occurrence, Occupational Poisoning, and Occupational Diseases and Inquiry

  • OSHA 1994: No provision
  • OSHA (Amendment) 2022: New section 34A outlining duties of owners, occupiers, etc. in investigations for incidents and illnesses related to work.

Liability for Offences

  • OSHA 1994: Section 52 about offences committed by bodies corporate, with directions on who is liable when a body corporate commits an offence under the Act.
  • OSHA (Amendment) Act 2022: Amended Section 52 regarding the liability of directors, officers, and any individuals who are involved in managing the company, limited liability partnership, firm, agency, or body of persons.

Penalty

  • OSHA 1994: Penalties defined for various breaches of regulations.
  • OSHA (Amendment) Act 2022: Increased penalties for various breaches, with detailed amounts for each offense.

List of Subsidiary Legislations

  • OSHA 1994: No provisions
  • OSHA (Amendment) 2022: Lists the subsidiary regulations which clarify and update specific aspects of occupational safety and health within various industries

Enforcement Date of OSHA (Amendment) 2022 & FMA (Repeal) 2022

  • Dates will align for enforcement of amendments, and will take into account the readiness of new subsidiary legislation in regulating businesses according to FMA.
  • Publication of the enforcement date will be through Gazette.

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