Malaysia New Workplace Safety and Health Regulations Entering into Force on June 1st

Starting June 1, 2024, Malaysia will implement significant updates to its occupational safety regulations with the activation of the Occupational Safety and Health Act (OSHA) 2022. This legislation modifies the original Occupational Safety and Health Act of 1994 and introduces new measures aimed at promoting workplace safety and compliance in each workplace.

Key Updates Under the Occupational Safety and Health Act 2022

Initially promulgated on March 16, 2022, the amendment incorporates several new requirements:

• Certification for Designated Plants: Businesses must secure approval from the Director-General of Occupational Safety and Health (DOSH). They must obtain a mandatory Certificate of Fitness before operating designated plants.
• Safety Coordination Mandate: Workplaces with five or more employees, where a dedicated safety officer is not required, must appoint a safety and health coordinator.
• Registration of Competent Persons: Individuals involved in the installation, operation, or maintenance of designated plants must register as competent persons.
• Mandatory Training: Workers handling specific tasks must receive occupational safety and health training. Further regulations will be detailed in the future.

Certification for Workplace Safety in Designated Plants

The newly introduced Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 outline the requirements for plants needing a Certificate of Fitness, such as steam boilers and lifting machinery. Compliance involves:

• Submitting design details to DOSH.
• Conducting inspections by authorized licensed persons.
• Maintaining and renewing the Certificate of Fitness every 15 months after inspection.

Role of Licensed Persons

The Occupational Safety and Health (Licensed Person) Order 2024 defines the responsibilities of licensed persons, including conducting safety compliance inspections according to specified criteria.

Implications of Repealing the Factories and Machinery Act 1967

The repeal of the Factories and Machinery Act 1967, scheduled to occur simultaneously with the new amendments, aims to simplify Malaysia’s safety regulations. This move intends to eliminate overlaps with the Occupational Safety and Health Act 1994 and unify the regulatory framework.

Looking Ahead: Preparing Workplaces for Enhanced Safety Compliance

As these new regulations take effect, it is crucial for Malaysian businesses to prepare for compliance. Lisam provides tools like the ExESS software to assist businesses in adapting to these regulatory changes efficiently. Our Malaysia Module in ExESS helps manage safety data sheets (SDS) and maintain compliance with evolving Malaysian regulatory and safety standards, supporting companies in their commitment to ensuring workplace safety.

For further insights and guidance on new regulations, please visit our blog. We are committed to keeping you well-informed and compliant in this rapidly changing regulatory landscape.

Sources:

• https://www.lisam.com/documents/LAWS%20OF%20MALAYSIA.pdf
• https://www.lisam.com/documents/WARTA%20KERAJAAN%20PERSEKUTUAN.pd