Malaysian OSHA 2022 Comes into Force Together with New Regulations

The Occupational Safety and Health (Amendment) Act 2022 (OSHA 2022), which amends the Occupational Safety and Health Act 1994, will come into effect on June 1, 2024, according to a notification issued by the Malaysian Department of Occupational Safety and Health (DOSH) on April 2, 2024. Although the Act was promulgated on March 16, 2022, its implementation was pending until now.  

A notice of the enforcement date of the Factories and Machinery (Repeal) Act 2022, which repeals the Factories and Machinery Act 1967, was also issued on April 2. In addition, two new regulations based on OSHA 2022 will be introduced: 

• Occupational Safety and Health (Licenced Person) Order 2024  

• Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024.  

All these Acts and regulations will come into effect on June 1, 2024. 

Occupational Safety and Health (Amendment) Act 2022 

The following are the main changes to the Act that affect employers.  

• Obtain permit from the Director-General of the Department of Occupational Safety and Health (DOSH) before constructing or operating a specified facility. Then, issue a Certificate of Fitness (refer to the guidelines below). 

• In businesses with five or more employees where the appointment of a safety and health officer is not required, a safety and health coordinator should be appointed. If an employer fails to appoint a coordinator, the employer could be fined up to RM50,000, face six months in prison or both.   

• A person must register as a competent person if he or she carries out any of the tasks listed in Appendix 5 (installation, operation, disassembly, maintenance, etc. of a plant, medical surveillance, assessment of exposure to hazardous substances, noise, etc.) 

• Occupational safety and health training is required for designated workers; details are set out in separate laws and regulations, which have not yet been published.

Occupational Safety and Health (Plants Requiring a Certificate of Fitness) Regulations 2024 

The main points of the regulation are: 

• Applies to steam boilers, pressure vessels, and lifting gear. 

• Requires inspection by a licensed individual before installation. 

• Information on the design of the installation must be submitted to the Director General of DOSH for a Certificate of Fitness, which is valid for 15 months. 

• A periodic inspection is required to renew the certificate before it expires. 

Occupational Safety and Health (Licenced Person) Order 2024 

The main content of this Order is: 

• Details the appointment and duties of licensed individuals responsible for plant inspections. 

• Lists the verification requirements for plant inspections. 

Factories and Machinery (Repeal) Act 2022 

 This The Factories and Machinery Act 1967 is to be repealed in order to maintain consistency between laws and regulations as it contains requirements similar to those in the Occupational Safety and Health Act of 1994. It will be replaced by the Factories and Machinery (Repeal) Act 2022.