Overview of Occupational Safety and Health Act 1994 Introduction The Occupational Safety and Health Act 1994 or Act 514 provides the legislative framework for the safety, health and welfare among all Malaysian workforces. The principle is to prevent and protect the workers against hazards and its risks in connection with their activities at work.

 

It requires all companies to establish and document:

1. Safety and health policy,

2. Duties of the employer, employees and the safety and health officers,

3. The safety and health committee of companies, and

4. Occupational safety and health inspections and officers.

 

Purpose The purposes of Act 514 are:

1. to secure the safety, health and welfare of persons at work against hazards and risks arising out of the activities of person at work;

2. to protect person at a place of work, other than persons at work, against risks arising out of the activities of persons at work;

3. to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs;

4. to provide the means whereby the associated occupational safety and health legislation may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health.

 

Concept of Self-regulation The provision of the Act 514 is based on the self-regulation approach to suit with the particular industry or organization and to establish effective safety and health organization and performance. Its primary responsibility is to:

• ensure safety and health of work lies with those who create the risks, and

• those who work with the risks. This law also encourages cooperation, consultation and participation of employees and management in efforts to improve the standards of safety and health in the workplace.

 

Role of Authority

1. Department of Occupational Safety and Health (DOSH), a government department under the Ministry of Human Resources Malaysia is responsible for, through enforcement and promotional works, those employers, self-employed persons, manufacturers, designers, importers, suppliers and employees to always practise safe and health work culture, and always comply with the existing legislation, guidelines and codes of practice in relation to Occupational Safety and Health.

2. DOSH also evaluate and review the legislation, policies, guidelines and codes of practice from time to time pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at work.

3. DOSH is also the secretariat to National Council for Occupational Safety and Health, a council established under section 8 of the Occupational Safety and Health Act 1994.

4. The National Council for Occupational Safety and Health shall have the power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.

Implementation

1. All employers with more than 5 employees are required by the legislation to arrange a written Safety and Health Policy. The objective is to demonstrate the commitment of the employer or company to ensure safety and health in the workplace.

2. Safety and Health Policy must be taken into account when making decisions or performing work activities of the organization.

3. This law also specifies the general duties of

(a) Employers;

(b) Self-employed persons;

(c) Manufacturers, designers and suppliers;

(d) Employees,

(e) The establishment of the safety and health committee.

(f) The appointment of a safety and health officer and

(g) The enforcement, investigation and offenses.