Malaysia Strengthens Workplace Safety Laws with OSHA 2022 Amendments

On April 2, 2024, the Malaysian Department of Occupational Safety and Health (DOSH) announced in the Federal Government Gazette that Malaysia's Occupational Safety and Health (Amendment) Act 2022 (OSHA 2022) will come into effect on June 1, 2024. The Factories and Machinery (Repeal) Act 2022 and the Occupational Safety and Health (Licensed Person) Order 2024 will also come into force on the same date. 

The Factories and Machinery (Repeal) Act 2022, provides general guidance for the handling and storage of chemicals and equipment in the  workplace. The Occupational Safety and Health (Licenced Person) Order 2024, outlines the duties and obligations of the licensed person who inspects premises to ensure that  equipment and working conditions meet the required standards.  

Amendments in OSHA 2022 

The current OSHA 1994, which covers only ten industries, i.e. manufacturing, mining and quarrying, construction, and agriculture—will be amended by OSHA 2022. OSHA 2022 was passed in Parliament on March 16, 2022, and as mentioned above, will enter into force on June 1, 2024. 

In order to increase worker safety, OSHA 2022 will apply to all industry sectors and all places of work throughout Malaysia. Among the amendments are:  

• Inclusion of a new provision to enhance the protection for employees, allowing them to remove themselves from danger (Section 26A) 

• Compulsory risk evaluations aimed at  identifying suitable risk control strategies.;  

• Ensuring protection and well-being of labourers throughout the storage and transportation of chemicals. 

• Providing knowledge, guidance, education, training, and oversight to safeguard employees'’ health and safety (Section 31A). 

• Establishing a secure working environment to protect employees'’ health.

• Establishing and carrying out of emergency protocols 

• Designating a coordinator for workplace health and safety (Section 29A).  

• Revised fines for non-compliance. Employers can be fined a maximum penalty of RM 500,000 as opposed to RM 50,000 under OSHA 1994. Fines for employees will also increase from the current RM 1,000 to a maximum of RM 2,000.