The law in one paragraph

Section 32 of the Occupational Safety and Health Act 1994 (Act 514) puts the duty on the employer. You must notify the nearest DOSH office of accidents, dangerous occurrences, occupational poisoning and occupational disease. The details sit in the NADOPOD Regulations 2004. DOSH publishes the regulations in Malay. Its 2005 English guidelines explain how to use the forms.

The regulations apply to all workplaces covered by the Act. Since 1 June 2024 that includes the public service.

What counts as reportable

Four kinds of event need a report. Each has its own list in the schedules to the regulations.

  • Death. A death at once, or within one year of the accident.
  • Serious bodily injury. The First Schedule lists them. Examples are a fracture or dislocation, loss of a limb or joint, and loss of sight in one eye. Loss of consciousness from lack of oxygen counts. So does any work injury or burn that puts someone in hospital for more than 24 hours.
  • Dangerous occurrence. The Second Schedule lists them. One example is the collapse of a scaffold over 5 metres high. Another is a collapse in a building under construction or demolition. Report these even when nobody is hurt.
  • Lost-time injury. Any work injury that keeps a person off their normal work for more than 4 calendar days. Days are counted from the day after the accident.
Poisoning and disease

Occupational poisoning and disease listed in the Third Schedule go on form JKKP 7 within 7 days. The doctor who diagnoses it must also report to DOSH. DOSH runs an online channel for these, eJKKP7.

Who reports, and to whom

The employer reports. In practice, name one person on each site to do it. Name a deputy for nights and weekends.

Reports go to the nearest DOSH state or branch office. The DOSH guidelines list the office addresses and phone numbers. Put your office's number on the site emergency sheet now. If a self-employed person is hurt on their own premises, the immediate notice does not apply to them. They must still send the 7-day written report, except in a death.

How fast

There are two clocks. Most people miss the first one.

  • At once: a death, a serious bodily injury or a dangerous occurrence. Tell DOSH by the quickest means you have, such as a phone call.
  • Within 7 days: the written report on form JKKP 6. This applies to the events above and to any injury over 4 days.
  • As soon as you know: if a worker dies within a year of a reportable accident, tell the Director General in writing. Do this even if you reported the accident before.
  • Within 7 days: occupational poisoning or disease, on form JKKP 7.
Legal requirement

NADOPOD regulation 5 sets the immediate notice and the 7-day report. Regulation 7 covers poisoning and disease. DOSH's FAQ says the 7 days are calendar days, holidays included.

Which form

DOSH uses three approved forms. JKKP 6 reports an accident or dangerous occurrence. JKKP 7 reports occupational poisoning or disease. JKKP 8 is your own register of every case for the year.

The forms and guides to filling them are in the appendices of the DOSH NADOPOD guidelines. You may copy them. Check the DOSH website for any current online route before you post a paper form.

Leave the scene alone

After a death, a serious bodily injury or serious damage to plant, do not move or touch the plant, material or objects involved. Only an authorised person may disturb them.

There are three exceptions. You may act to save life or ease suffering. You may keep the public's access to an essential service. You may also prevent more serious damage or loss to property or the environment. Take photos before anything moves.

What to keep

Every employer keeps a register on form JKKP 8. Enter every accident and dangerous occurrence, and every case of occupational poisoning or disease. Enter them even if they did not need a report to DOSH.

Keep the register at the place where the work happens. If that is not practical, keep it at your usual place of business. Construction crews who report to one base keep the records there. Keep each entry at least 5 years. Before 31 January each year, send the Director General an extract covering the year to 31 December.

Keep copies of each JKKP 6 or JKKP 7 you send, with the date sent. If a safety committee exists, it must inspect the workplace after an accident or near miss. Its report goes to the employer, and the employer keeps a copy for at least seven years.

Penalties

Breaking any part of the NADOPOD Regulations is an offence. The fine can be up to RM10,000. The court can add up to one year in jail, or both (regulation 13).

A late report is often the smaller problem. DOSH may hold an inquiry into the cause (Act 514 s.33). If it finds a breach of the general duties in sections 15 to 18B, the maximum is RM500,000, 2 years in jail, or both (s.19).

The first hour

Print this and keep it with the first aid kit.

  • Make the area safe. Stop machines, isolate power and keep people back.
  • Give first aid and call an ambulance if needed.
  • Decide: death, serious bodily injury or dangerous occurrence? If yes, phone the nearest DOSH office now. Note the time and the officer's name.
  • Cordon off the scene. Do not move anything except to save life or prevent more harm.
  • Take photos and write down witness names and numbers.
  • Tell your manager and the safety committee chair or secretary.
  • Start the JKKP 6 draft and put the 7-day deadline in the diary.

Sources

  1. Occupational Safety and Health Act 1994 (Act 514), reprint to 1 June 2024 (English), DOSH Malaysia.
  2. OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 (Malay), DOSH Malaysia.
  3. Guidelines on Occupational Safety and Health (NADOPOD) 2005, DOSH Malaysia.
  4. Frequently asked questions: accidents and complaints, DOSH Malaysia.
  5. OSH (Safety and Health Committee) Regulations 1996 (Malay), DOSH Malaysia.

This is practical guidance, not legal advice. Laws and codes of practice change; always check the current official text and your site's own procedures.