What Small And Medium Enterprises (SMEs) Must Look Out For In The Occupational Safety & Health Act (OSHA) 1994 & The Amendment Act 2022?

The OSHA 1994 is the principal legislation in Malaysia that ensures workplace safety, health, and welfare. It outlines the legal duties of Employers, Employees, and other Stakeholders to create a safe working environment.

In 2022, OSHA was amended to apply to ALL workplaces, extending beyond the original industries listed in the 1994 Act. The amendments highlight several key elements that SMEs must adhere to for workplace safety.

1. Employer’s Duty (Section 15): Employers must maintain a hazard-free and safe work environment by conducting risk assessments, offering necessary training, ensuring equipment is safe, and providing personal protective equipment (PPE) and safety devices.
2. Employee’s Duty (Section 24): Employees are responsible for their own safety and health and that of others, must cooperate with Employers on safety measures, use PPE, and report unsafe practices or conditions.
3. Safety and Health Committees (Section 30): Workplaces with 40 to 100 Employees must establish a Safety and Health Committee (OSHC) with 2 representatives each from both Management and Employees. For businesses with over 100 Employees, the Committee must include 4 representatives each. The Committee addresses safety issues and advises Employers on safety concerns.
4. Safety and Health Coordinator (Section 29A): From 1^st June 2024, Employers with 5 or more Employees must appoint a Safety and Health Coordinator (SHC) from their workforce. The SHC is responsible for coordinating safety issues, maintaining a safe work environment, conducting inspections, and reporting non-compliance. Failure to appoint an SHC can result in fines and /or imprisonment.
5. Training (Section 31A): Employers must ensure that their appointed SHC completes a Certified Occupational Safety and Health Coordinator training Failure to comply results in fines and /or imprisonment.
6. Risk Assessment and Hazard Control (Section 18A & 18B): Employers must regularly assess and control workplace hazards, including physical, chemical, biological, and ergonomic risks, and implement safety measures to mitigate them.
7. Accident and Disease Reporting (Sections 32): Employers are required to report serious accidents, dangerous occurrences, and occupational diseases to the Department of Occupational Safety and Health (DOSH), facilitating the prevention of future incidents.
8. Workplace Inspections (Section 27E & 27F): DOSH conducts unannounced inspections to ensure compliance, issuing notices for improvement or prohibition and enforcing penalties for non-compliance.
9. Right to Refuse Dangerous Work (Section 26A): Employees have the right to refuse unsafe work. Employers must address the hazard before the work resumes.
10. Occupational Health and Safety Regulations: Specific regulations address various workplace hazards, including machinery safety, chemical handling, fire safety, and manual handling, ensuring comprehensive protection for workers.

In summary, OSHA 1994 and its Amendment Act 2022 impose critical safety responsibilities on both Employers and Employees. By mandating risk assessments, the formation of OSHC, and the appointment of SHC, it seeks to foster a safe and healthy working environment in Malaysia.

Non-compliance with these regulations can result in severe penalties, emphasizing the importance of adherence to workplace safety standards.