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Updates: On Apirl 2, 2024, Malaysia published a notice (P.U. (B) 128) on the Federal Government Gazette to appoint June 1, 2024 as the date on which the Occupational Safety and Health (Amendment) Act 2022 comes into operation.
The Occupational Safety and Health (Amendment) Act 20221 was passed by Parliament of Malaysia on March 16, 2022. This includes the addition of 2 new parts, 10 new sections and the new Fourth and Fifth Schedules, the removal of 2 sections, the substitutions of 4 existing sections and amendments of 34 existing sections.
The amendments to the existing Occupational Safety and Health Act 1994 (OSHA 1994)2 are aimed at providing workers with a safer and healthier environment by protecting them from safety and health risks at work.The key amendments include:
Extend the scope to apply to all places of work
Conduct mandatory risk assessment at the workplace
Establish and implement procedures for dealing with emergencies
Require employers to ensure the safety of contractors and sub-contractors including the employees working for them
Appoint an occupational safety and health coordinator (OSH coordinator)
Increase penalty for offences from up to RM50,000 to RM500,000
Clarify the meaning of employer by deleting the definition of “immediate employer” and “principal employer”
The OSHA 2022 amendments will come into force on a date to be appointed by the Minister of Human Resources by notification in the Gazette, which is expected in the middle of 2023. The competent authority, the Department of Occupational Safety and Health is under the Ministry of Human Resources.
