The Occupational Safety and Health (Amendment) Bill (“the Bill”) was tabled for a second reading on 27th October 2021 in the Dewan Rakyat to amend the existing Occupational Safety and Health Act 1994 (OSHA 1994).
Substantial amendments were proposed in the bill which consisted of two sections being removed, an addition of 27 new sections, and amendments to 35 existing sections.
WHAT IS THE POINT OF THE BILL AND STEPS TAKEN?
The amendments focused on providing a better quality of safety, health, and welfare to workers by protecting them from safety and health risks at work.
The Minister of Human Resources, Datuk Seri Saravanan Murugan highlighted that the inclusion of provisions relating to occupational safety and health into the country’s labour laws would align with provisions in the universal instruments, specifically the Occupational Safety and Health Convention 1981.
Several engagement sessions have been held between the Ministry of Human Resources and relevant government agencies, stakeholders, industries, and other interested parties since 2011 for the purposes of amending OSHA 1994.
The Minister also stated that the proposed amendments were discussed with the National Labour Advisory Council and National Council for Occupational Safety and Health which included representatives from employers’ associations and labour unions at the Labour Laws Amendment Technical Committee Meeting.
The Minister stated that the prescriptive approach utilised in the Factories and Machinery Act 1967 (FMA 1967) for occupational safety and health was not in line with the dynamic nature of modern technology thereby resulting in the removal of the Act.
The Ministry of Human Resources alternatively included provisions relating to machinery inspections as part of the proposed amendments to OSHA 1994.
HERE ARE SOME OF THE KEY CHANGES PROPOSED BY THE BILL
- Increasing protection to employees
- Section 2: Act 514 is applicable to ALL places of work throughout Malaysia.
- (New) Section 26A: Right of employee to “remove” themselves from “imminent danger” which employee has reasonable justification to believe exists at the workplace and employer fails to remove such danger despite being informed by employee.
- Additional responsibilities on employers/principals towards employees
- Section 15(2)(f): Development and implementation of procedures for dealing with emergencies at work.
- Section 16: Formulation of occupational safety and health policies at respective workplaces.
- (New) Section 18A: Mandatory requirement for principal employers to ensure the safety of contractors and sub-contractors including those employed by them as far as reasonably practicable.
- (New) Section 18B: Obligation to conduct risk assessment in relation to the safety and health risk posed to any employee at the workplace.
- Section 52: Company Directors/Officers may be charged severally or jointly for offences under Act 514. Burden of proof is upon the Company Directors/Officers to prove they are not liable.
- Financial Deterrent: Increase in penalties
- Section 19: Increment of penalty from RM50,000 to RM500,000 for offences including failure of employers to formulate safety and health policies.
- Section 23: Penalty of RM200,000 (previously RM20,000) for violations under Section 21 and Section 22 (Manufacturer’s duty on plant and materials at the workplace).
The proposed amendments brought forth by the Bill signals a step in the right direction for cultivating a safer workspace. A higher standard of safety and accountability from employers ensures the reduction of job hazards. Added security in the workplace allows for a heightened sense of wellbeing and consequently, higher productivity and performance.