In 2022, Malaysia took a significant step towards creating safer work environments for employees nationwide with the introduction of the Occupational Safety and Health (Amendment) Act 2022 (OSH Amendment Act 2022). This act updates and expands upon the original Occupational Safety and Health Act of 1994, addressing the evolving nature of work and aiming to create a more robust safety framework.
Why was the OSH Amendment Act 2022 put in place?
There were several reasons why the OSH Act 1994 of Malaysia required an amendment in 2022:
Evolving Workplace Landscape:
The nature of work in Malaysia has changed since 1994. New industries and technologies have emerged, and the OSH Act needed to adapt to address potential safety and health hazards in these changing environments.Limited Coverage:
The original Act only applied to specific sectors like construction and manufacturing. The amendment aimed to expand this coverage to encompass all workplaces in Malaysia, ensuring a more comprehensive approach to workplace safety.Strengthening Employee Protections:
The 1994 Act offered limited protections for employee rights regarding safety. The amendments were designed to empower employees by granting them the right to remove themselves from imminent danger if employers fail to take action.Emphasis on Risk Management:
The original Act placed less emphasis on proactive risk assessments. The 2022 amendments aim to strengthen employer responsibility for safety and health by mandating risk assessments for work activities.Increased Penalties:
Penalties for non-compliance with safety regulations were generally lower under the 1994 Act. The amendments aimed to deter violations by introducing stricter penalties.Modernization of Legislation:
The Occupational Safety and Health Act had been in place for nearly 30 years. The amendments in 2022 aimed to modernize the legislation to reflect current best practices and address emerging workplace safety concerns.
Overall, the OSH Amendment Act 2022 reflects a desire to create a more robust safety framework for Malaysian workplaces. It emphasizes a more preventative approach to safety, strengthens employee rights, and holds employers more accountable for maintaining a safe and healthy work environment.
How is the OSH Amendment Act 2022 different than OSH Act 1994?
| Areas | OSH Act 1994 | OSH Amendment Act 2022 |
|---|---|---|
| Increased Coverage: | Applied only to specific industries like manufacturing and construction. | Extends coverage to all workplaces in Malaysia, including public services and statutory authorities. |
| Employee Protections: | Limited provisions for employee rights regarding safety. | Offers greater protection. Employees can now remove themselves from immediate danger if employers fail to address it. |
| Employer Duties: | Less emphasis on risk assessments. | Mandates risk assessments for work activities and strengthens employer responsibility for safety and health. |
| Penalties: | Generally lower penalties for violations. | Increases penalties for non-compliance. |
| Overall Focus: | Primarily focused on safety. | Places a broader emphasis on both safety and health hazards in the workplace. |
How Does This Affect You As An Employer?
The OSH Amendment Act 2022 places greater responsibility on employers across Malaysia to ensure a safe and healthy work environment for their employees. It introduces stricter penalties for non-compliance and emphasizes the importance of proactive safety measures. Employers must now focus on identifying and mitigating workplace hazards more effectively. Here’s a practical guide to navigate the new requirements:
- Risk Assessments: Proactive risk assessment is now mandatory. Identify potential hazards in your workplace specific to your industry and work activities. Consider factors like machinery usage, chemical handling, ergonomics, and potential fire risks.
- Safety Protocols: Based on your risk assessments, develop and implement clear and comprehensive safety protocols. This may involve creating safe work procedures, establishing a system for reporting safety hazards, and providing appropriate Personal Protective Equipment (PPE) to employees.
- Employee Training: Employee training is a crucial aspect of employer compliance. The amended Act emphasizes a more informed workforce. Provide training programs that educate employees on workplace safety procedures, hazard identification and risk mitigation strategies relevant to their roles.
- Consultation: Don’t hesitate to consult with safety professionals or the Department of Occupational Safety and Health (DOSH) for guidance on compliance and best practices. Their regional offices are located throughout Malaysia to assist businesses nationwide.
Remember: By prioritizing a safe work environment, you not only protect your employees’ well-being but also potentially reduce workplace accidents, improve employee morale, and minimize the risk of hefty fines for non-compliance.
Want to take the first step to get compliant and confident? Enroll in our OSH Amendment Act training now!
