Darren Tang
Chief Executive Officer
The government has announced through a gazette dated April 2, 2024, that the Occupational Safety and Health (Amendment) Act 2022 and Factories and Machinery (Repeal) Act 2022 will be in effect starting June 1, 2024. These Acts were passed in Parliament on March 16, 2022, with changes made to the Occupational Safety and Health Act 1994.
Through the Appointment of Date of Coming into Operation gazette dated 2 April 2024, the government has announced that the Occupational Safety and Health (Amendment) Act 2022 and Factories and Machinery (Repeal) Act 2022 will come into effect on 1 June 2024.
Occupational Safety and health (Amendment) Act 2022 and Factories and Machinery (Repeal) Act 2022 were passed in Parliament on March 16, 2022. In line with the approval of both Acts, the government has made changes to the Occupational Safety and Health Act 1994 through this new Occupational Safety and Health (Amendment) Act 2022.
Among the key changes to the Occupational Safety and Health Act 1994 are as follows:
- Expansion of scope and applicability of workplaces
The scope and applicability of workplaces has been amended to include all places of work throughout Malaysia including in the public services and statutory authorities.
2. Increased penalties for Employers, Self-employed Persons and Principals
Section 15, 16, 17, 18A, 49 – The fine for employers, self-employed persons and principals who contravenes the provisions of section 15, 16, 17, 18A or 49 has been increased from RM50,000.00 to RM500,000.00.
3. Increase protection for employees
Section 26A – A new provision has been added to enhance protection for employees, to remove themselves from the danger.
4. Appointment of occupational safety and health coordinator
Section 29A – An additional clause inserted to make it mandatory for an employer to appoint an employee to act as an occupational safety and health coordinator if the employer have five or more employees at the work place.
5.Attendance for occupational safety and health training course
Section 31a – An additional clause which permits minister to mandate any class or description of persons to participate in an occupational safety and health training course, as specified in the order, that is conducted by a registered training provider.
Conclusion
In summary, the changes are made to minimize the risks of the hazards that may be encountered by employees in all types of work places, to reduce injury and ill-health and create a safe working environment for all person at the work places.
If you have any query about Occupational Safety and Health (Amendment) Act 2022, please feel free to contact us.
