Introduction

This act is to make further provision which is mainly regarding the safety and health of the
workplace, which is to secure the safety of the workplace. Its other purpose is also to protect
against the risk that has been exposed to the person at the workplace which involves the
process or the activities that the person attend. Besides that, this act also promote an
occupational for individuals at work which is adapted to their physiological needs. It is also
to provide the means in which the associated occupational safety and health legislation can be
consecutively replaced by a system of regulations, and approved industry codes of practice
operating in combination with the provisions of this Act constructed to maintain or to
improve the safety and health standard.
The provisions of the Act 514 is all based on the self-regulation approach so that it will
suit with any particular organizations or industries, and also to ensure effectiveness of the
safety and health organization and their performance. Their main responsibilities is to make
sure safety and health of the work lies within those who create the risks, and also towards
those who work with the risks. This Act is also here to promote cooperation, consultation,
and participation of workers and the management in efforts to boost up the standards of the
safety and health in a workplace.
This legislation has been amended in the year 1994. Factory and Machinery 1967 act 139
have already covered the activities such as mining, manufacturing, quarrying and
construction industries. The OSHA 1994 will cover the rest of the industry which not
included in the FMA 1967.
Occupational Safety and Health Act will cover most 90% of the total manpower.
Objective of OSHA 1994
OSHA is an act to make further provisions for securing the safety, health and welfare of
person at work. The act protects person at a place of work other than persons at work
Against risks out of the activities at work .OSHA also promote an occupational environment
for persons at work which is adapted to their physiological and psychological needs. OSHA
provide occupational safety and health legislations by replace it with a system of regulations
and approved industry codes practice operating in combination with this provisions of this
Act to maintain or improve the standards of safety and health.

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:
1. Ensure safety and health of work lies with those who create the risks, and
2. 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.
SCOPE OF OSHA 1994
This act applies to all working people in sectors like;
Manufacturing
Mining and Quarrying
Construction
Agriculture, Forestry and Fishing
Utilities (Electricity, Gas, Water, Sanitary Services)
Transport, Storage and Communication
Wholesale and Retail Trades
Hotels and Restaurants
Finance, Insurance, Real Estate and Business Services
Public services and Statutory Authorities
According to section 1, this Act may be known as the Occupational Safety and Health Act
1994. By the virtue of section 1(2), this Act shall apply throughout Malaysia to the industries
listed in the First Schedule. However, there is a limitation imposed to section 1(2) in section
1(3) where this act does not apply to work on board ships and the armed forces because they
have their own ordinances. For example, Merchant Shipping Ordinance 1952, Merchant
Shipping Ordinance 1960 of Sabah or Sarawak and Armed Forces Act 1972.
Generally, this act governs the development and enforcement workplace standards. As far as
objectives are concern, they are laid down in section 4. One of it is, according so section 4(1),
the purpose of the act is to ensure the health, safety and welfare of the workers during their
work activities. Furthermore, section 4(b) provides that this act aims to protect persons at a
place of work other than persons at work against risks to safety or health occur from the
activities of such persons at work. Not to mention, section 4(c) states that this act targets to
promote an occupational environment for persons at work which is adapted to their
physiological and psychological needs. Lastly, this act also provides ways whereby the
associated occupational safety and health legislations may be progressive replaced by a
system of regulation and approved industry codes of practice.
In respect of liability, offences committed by any person under this Act is regulated under
Part XII. The general penalty for any act or omission stipulated in section 51. It states that if
no penalty is expressly stated, a person is liable to a fine not exceeding ten thousand ringgit
or to imprisonment for a term not exceeding one year or to both.
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
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
(g) The enforcement, investigation and offenses.
SECTION 15: GENERAL DUTIES OF EMPLOYERS AND SELF – EMPLOYED
PERSONS
This section refers to the duty of employer and its responsibility to the workers. In (1) it is
said that the employers need to ensure the safety and health of the employees.

(2) The matter below is the duty in particular:

 Employer need to provide safe system of work which without risk to health
 It is a must for the employer to provide the provision such as information, instruction,
training and supervision to his employees.
 Employer must provide safe access and egress.
 Employer must provide safe and arrangements for operation, handling, storage and
transport of plant and substances.

SECTION 16: DUTY TO FORMULATE SAFETY AND HEALTH POLICY

This section is one of the duty as employer to provide safe system of work which write a
safety policy which contain safety and health at work of his employees and the organizations
and arrangements.
SECTION 17: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED
PERSONS TO PERSONS OTHER THAN THEIR EMPLOYESS
It shall be the duty of the employer to ensure the safety of others who now being his
employees, who may be exposed to the risk to their safety or health in the worksite.

SECTION 18: DUTIES OF AN OCCUPIEROF A PLACE OF WORK TO PERSONS

OTHER THAN HIS EMPLOYEES
 Provide safe means of access and egress for use by persons other than his employees.
 Ensure the safe and absences of risk in connection with the use of plant and substance
provided for use by persons other than his employees.

SECTION 19: PENALTY FOR AN OFFENCE UNDER SECTION 15, 16, 17 OR 18.
Not exceeding Rm 50 000 or imprisonment not exceeding 2 years or both.
SECTION 20, 21, 22, 23: GENERAL DUTIES OF DESIGNERS,
MANUCFACTURERS AND SUPPLIES
 To ensure plant is designed and constructed to be safe and without risk to health when
properly used.
 Arrange for testing and examination
 Provide adequate information
 Arrange for research to eliminate or minimise hazards
 Safe erection and installation

The penalty for offence under 20 or 21 is Rm20 000 or imprisonment not exceeding 2 years
or both

SECTION 24, 25, 26: GENERAL DUTIES OF EMPLOYEES

 Take reasonably care for safety and health of himself and others
 Cooperate with employers and others
 Wear and use PPE provided
 Comply with instructions on OS

For section 25, a person who misuses anything provided will be fined Rm 20 000 or
imprisonment for 2 years or both. Section 26 , no employer will be permitted to charge
anything that has been done or provided to the employee.

SECTION 27: DISCRIMINATION AGAINST EMPLOYEE

Employer will not discriminate any workers under his employment of any employee reason
that would be:
 Make complain about safety and health
 A member of safety and health committee meeting

Any employer broke this legislation will be charged a fine not exceeding Rm 10 000 or
imprisonment 1 year or both.

SECTION 28, 29, 30, 31: SAFETY AND HEALTH ORGANISATIONS

Medical surveillance
 Cause of illness due to the nature of process of the work.
 Usage of the substance that may causes risk of injury to health of the persons
 Person below 16 years old not allowed to work which may cause injury to their health
due to their immature way of thinking.
 Any person who broke this legislation will be fined not exceeding Rm 5 000 or
imprisonment for 6 months or both.

Safety and Health Officer

 Occupier of workplace need to appoint at least 1 competent person as safety and
health officer at the workplace.
 The SHO shall be employed for the purpose of ensuring and observe the place of
work under the provisions of this act and promote safe conduct in workplace.
 The SHO need to get training from a certified institute.

An offences to this legislation will be charged not exceeding Rm 5 000 or imprisonment not
exceeding 6 months or both.

Establishment of safety and health committee meeting

 40 or more employed person at the workplace
 The most highest positioned person in the workplace will be directs the committee
The establishment will discuss about the safety and health at the workplace and need to co-
operate to find the most effective ways to improve the safety at the workplace. It also to
discuss the cases happened at the workplace.
An offences to this legislation will be charged not exceeding Rm 5 000 or imprisonment 6
months or both.

Functions of Safety and Health Committee

 To ensure the safety and health of everyone in the workplace
 Investigate any process of work which threat to health.
 To resolve any safety matter
SECTION 32, 33, 34: NOTIFICATION OF ACCIDENTS, DANGEROUS
OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL
DISEASES
Notification of accidents, Dangerous Occurrence, occupational poisoning and occupational
disease and inquiry, also known as NADOPOD was initiated in the year of 1996. Andropov
is made based on RIDDOR, and also created upon the collaboration of employers and
employees, NGO’s along with representatives from the government. Andropov was fully
enforced on the first of March 2005. The main reason why NADOPOD was made and
enforced is to establish a valid and reliable statistics, to standardize reporting, and also to
comply with the act. There are three sections in NADOPOD which are section 32, section 33
and section 34.
Under section 32 (1), it is stated that an employer must be obliged to inform the
nearest safety and health office if there is any accident, also if there is any dangerous
occurrence, occupational poisoning or occupational disease which has already happened or is
most likely to happen at the place of work.
Under section 32 (2), it is stated that all of the registered medical practitioners, or
medical officers which are attending to or called in to visit a patient must report this
particular matter to the Director General. The medical team must without fail, report the
matter especially if they believe that the patient is suffering from any of the diseases which
are in the list of the Third Schedule of the Factories and Machinery Act 1967. Besides that, it
is also stated that, the Director General must be given a report if there is any patient suffering
from other diseases which are listed in any other regulation or order which are made by the
minister under this Act. Cases involving occupational poisoning must also be reported to the
Director General.
Section 33 is all about the authority of the Director General who have the rights to
direct an inquiry to be held. It is stated in section 33 (1), if the Director General thinks that an
inquiry must be conducted into the nature of the accident and also the cause of accident,
including dangerous occurrence, occupational poisoning or even occupational disease, the
Director General have the rights to appoint an occupational safety and health officer to
proceed with conducting the inquiry. However, under section 33 (2), it is stated that the
Director General may assign one or more individual with engineering background , medical
background, or any other appropriate skills or profession that may help to be an assessor in
any such inquiry if they are required. Section 33 (3) states that the Minister will determine the
allowance or payment rate to those individuals who are not a public officer but did serve as
an assessor in the inquiries mentioned earlier.
Section 34 is regarding the power of the occupational safety and health officer at
inquiry. For the purpose of conducting an inquiry under this Act, the occupational safety and
health officer shall have the rights to administer oaths and affirmations. The occupational
safety officer also will be given the authority of a First Class Magistrate for compelling the
attendance of witnesses and the production of documents, to maintaining order and otherwise
duly conducting the inquiries. Lastly, every single individual that is summoned to be present
to the inquiries shall be legally bound to be there without fail.
ENFORCEMENT
The Director General must prohibit the uses of plant and substance which in opinion that will
affect to health and safety of the employee in the workplace. The Safety and Health officer
also play a big role in the enforcement to enforce worker in complying the OSH act. The
minister is authorised to apply this section to such class or description of industries by order
published in the journal.
It is a must to investigate of the plant or substance used in the industry which already
implemented in the section 39. The officer that in charge of the investigation need to take
such measurements and record the investigation as it necessary for examination purposes.
For medical officer, should carry out medical examination as it is necessary for the
purpose of his duties as per under regulation made and to exercise such power if it is
necessary.
In this section, an officer also can seek assistance of the police when needed if he has
reasonable cause to apprehend any serious obstruction in conducting his duty.
Summary
Occupational Safety and Health Act 1994 is the provision of safety and health in the
workplace. Almost all industry uses the act as the guidelines except maritime and armed
forces which they have their own regulation. The purposes of this act are to secure the safety
and health of the workplace and to protect workers from any threat.
It is also to promote a safe and healthy working environment which will make the
workers to work comfortably so that productivity will increase. There are various sections to
cover up various sectors. One of the most important sectors is section 24 which is the duties
of employees.
The section explain that are the workers need to take a reasonably care of self and
others which explain to make sure self and the others surround him to be safe. Other than
that, the act also explain the penalty of the noncompliance which some of the penalty even
exceed Rm 10 000 and imprisonment not more than 2 years.

Conclusion
In conclusion, Occupational Safety and Health 1994 serve as good act to be implemented in
our country because it is a guidelines to become safe working procedure for employers and to
serve as securing the safety, health and welfare of the workers themselves at workplace.
Other than that, this act also protect the workers against any threat or injury due to
occupational risk. This act also can become a strategy to handle the risk caused by the
process of the work.
References
OCCUPATIONAL SAFETY AND HEALTH 1994 ACT 514
OSH legislation slide NIOSH
 TABLE OF CONTENT PAGE

INTRODUCTION 1

OBJECTIVE, PURPOSE AND REGULATIONS 2

SCOPE OSHA 3

RULES OF AUTHORITY 4

SECTION 15 - 19 5

SECTION 20 - 31 6-7

SECTION 32 - 34 8

ENFORCEMENT 9

SUMMARY 9

CONCLUSION 9

REFERENCE LIST 10