Who the Act applies to
The Act applies to all workplaces throughout Malaysia, including the public service and statutory authorities (s.1(2), as replaced by the 2022 amending Act, A1648). Its First Schedule excludes domestic employment, the armed forces, and work on board ships governed by the Merchant Shipping Ordinances of Sabah and Sarawak.
In force
The amendments in the Occupational Safety and Health (Amendment) Act 2022 (Act A1648) came into force on 1 June 2024 (notice P.U.(B) 128/2024). The Factories and Machinery Act 1967 was repealed on the same day (Act 835).
Duties of employers, occupiers and principals
- Employers (s.15) must ensure, so far as practicable, the safety, health and welfare of all their employees: safe plant and systems of work, safe handling and storage of plant and substances, information, instruction, training and supervision, a safe workplace and safe ways in and out, and a safe working environment with adequate welfare facilities. Since 2024 this includes developing and implementing emergency procedures (s.15(2)(f)).
- Safety and health policy (s.16): a written policy, reviewed as often as appropriate and brought to every employee's attention.
- Other people (s.17): employers and self-employed persons must make sure people who aren't their employees are not exposed to risks from their work.
- Occupiers (s.18) owe duties to people who use the premises without being their employees.
- Principals (s.18A, new): a principal must take practicable measures for the safety and health of contractors, subcontractors and their workers who work under the principal's direction, including allowing enough time, budget and resources.
- Designers, manufacturers, importers and suppliers (ss.20 to 21) have duties for the plant and substances they provide for use at work.
Risk assessment (s.18B)
Every employer, self-employed person and principal must carry out a risk assessment (pentaksiran risiko) and implement risk controls where the assessment shows they are needed. DOSH's Guidelines for Hazard Identification, Risk Assessment and Risk Control (HIRARC) 2008 set out the standard method. Note that the guideline itself says its method is designed for physical hazards.
Workers: duties and the right to remove themselves
- Duties (s.24): take reasonable care of themselves and others, cooperate with the employer, wear the protective equipment provided, and follow safety and health instructions. Interfering with or misusing safety provisions is an offence (s.25), and employers may not charge employees for safety measures (s.26).
- Right to remove themselves from danger (s.26A, new): an employee may leave the work or the danger if they have reasonable justification to believe there is imminent danger (a serious risk of death or serious bodily injury), they have told the employer or the employer's representative, and the employer has failed to act. They are protected from unfair consequences and discrimination.
People and committees you need
- OSH coordinator (s.29A, new): an employer with 5 or more employees must appoint one of them as OSH coordinator (penyelaras keselamatan dan kesihatan pekerjaan), unless the workplace is in a class that must have a Safety and Health Officer. Appointing a Safety and Health Officer satisfies this.
- Safety and Health Officer (s.29): required in the classes of workplace the Minister specifies by order. The detailed requirements are in the OSH (Safety and Health Officer) Regulations 1997.
- Safety and health committee (s.30): required where 40 or more people work, or where the Director General directs. See the OSH (Safety and Health Committee) Regulations 1996.
Reporting accidents to DOSH
Section 32 and the NADOPOD Regulations 2004 set out what must be reported:
| What happened | What to do |
|---|---|
| A death, a serious injury listed in the First Schedule, or a dangerous occurrence listed in the Second Schedule | Notify the nearest DOSH office immediately by the quickest means, then send the report on the approved form within 7 days (reg. 5(1)). |
| Any injury that keeps a person off their normal work for more than 4 calendar days | Report within 7 days (reg. 5(2)). |
| A death within one year of a reportable accident | Notify the Director General in writing as soon as it is known (reg. 5(3)). |
| Occupational poisoning or disease listed in the Third Schedule | The employer reports within 7 days, and so does the registered medical practitioner who diagnosed it (reg. 7). |
Penalties after the 2024 amendments
| Offence | Maximum penalty now | Before |
|---|---|---|
| Breaching the general duties (ss.15 to 18B), s.19 | RM500,000, 2 years' jail, or both | RM50,000 |
| Designers, manufacturers and suppliers, s.23 | RM200,000, 2 years' jail, or both | RM20,000 |
| Discriminating against an employee, s.27 | RM100,000, 1 year's jail, or both | RM10,000 |
| No Safety and Health Officer where required, s.29 | RM50,000, 6 months' jail, or both | RM5,000 |
| No OSH coordinator where required, s.29A | RM50,000, 6 months' jail, or both | new |
| Employees breaching their duties, s.24 | RM2,000, 3 months' jail, or both | RM1,000 |
| General penalty, s.51 | RM100,000, 1 year's jail, or both, plus RM2,000 a day for a continuing offence |
Quick check for your site
- A written safety and health policy, reviewed and shared with every employee.
- A current risk assessment for your work activities, with controls in place (HIRARC).
- Written emergency procedures that people know about.
- An OSH coordinator if you have 5 or more employees, or a Safety and Health Officer if your workplace class requires one.
- A safety and health committee if 40 or more people work at the workplace.
- Contractors' safety covered in how you plan, budget and schedule their work.
- Everyone knows how and when accidents and dangerous occurrences are reported to DOSH.
Sources
- Occupational Safety and Health Act 1994 (Act 514), reprint updated to 1 June 2024 (Malay), DOSH.
- Notice of commencement of Act A1648, P.U.(B) 128/2024, DOSH.
- Factories and Machinery (Repeal) Act 2022 (Act 835), DOSH.
- Guidelines for Hazard Identification, Risk Assessment and Risk Control (HIRARC) 2008 (Malay), DOSH.
- NADOPOD Regulations 2004 (Malay), DOSH.
- Regulations under Act 514, DOSH.
This is practical guidance, not legal advice. English descriptions of the law are our plain-language summaries of the official Malay text; the gazetted Malay text prevails. Check the current official text and your site's own procedures.
