As the enforcement date for Malaysia’s OSHA Amendment 2022 draws near on June 1, 2024, it’s crucial for employers and employees to grasp the sweeping changes introduced by this legislative milestone.
The Occupational Safety and Health Act 1994 (OSHA) has long been a cornerstone of workplace safety. With the introduction of the Occupational Safety and Health (Amendment) Act 2022 (Act A1648), the focus has intensified on accountability, proactive risk management, and the overall well-being of the workforce. And let’s be honest — nobody wants to be caught with their hard hats off when June rolls around!
Key Changes to OSHA 1994
The 2022 amendments bring about significant enhancements to Malaysia’s workplace safety framework, aimed at fostering a safer and healthier working environment. Here are the pivotal changes:
1.Increased Penalties
Non-compliance fines have surged from RM50,000 to RM500,000, signaling a zero-tolerance approach to safety violations.
2.Expanded Coverage
The Act now applies to all workplaces across Malaysia, including public services and statutory authorities, with minimal exceptions.
3.Clearer Definitions
Enhanced clarity on terms like “employer” and “principal” to delineate responsibilities more effectively.
4.Broader Principal Duties
Principals are now obligated to ensure safety measures for all involved parties, highlighting the importance of comprehensive risk management.
5.Mandatory Risk Assessments
Employers, self-employed individuals, and principals must conduct risk assessments to identify and mitigate potential hazards.
6.Stronger Employee Protections
Employees are empowered to remove themselves from imminent danger if employers fail to address workplace hazards promptly.
7.Joint and Several Liability
Directors and office bearers can now be held personally accountable for company offenses, ensuring heightened accountability at the leadership level.
8.Mandatory Safety Coordinators
Companies with five or more employees must appoint an Occupational Safety and Health Coordinator to oversee and implement safety measures.
9.Enhanced Training Requirements
Specific groups are now required to attend occupational safety and health training administered by registered training providers, ensuring higher compliance and awareness.
10. New Schedules
Updated schedules outline bodily injuries, obligations for competent persons, and registered training providers, adding clarity and accountability.
Preparing for Enforcement
With the amendments becoming enforceable from June 1, 2024, businesses must take proactive measures to ensure compliance:
· Audit Current Safety Practices: Review existing safety protocols and identify gaps that need addressing.
· Appoint Qualified Safety Personnel: Ensure the appointment of a trained Occupational Safety and Health Coordinator if applicable.
· Conduct Regular Risk Assessments: Establish a culture of continuous hazard identification and mitigation.
· Engage in Compliance Training: Enroll relevant employees in accredited safety courses to meet the new training requirements.
The upcoming enforcement of the OSHA Amendment 2022 is more than a legal obligation—it’s a vital step toward aligning with ESG principles, particularly the “S” in ESG. By prioritizing workplace safety and employee well-being, businesses not only mitigate risks but also demonstrate accountability and social responsibility. This proactive approach fosters trust, meets stakeholder expectations, and sets the stage for sustainable growth in today’s evolving regulatory and corporate landscape.
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