The Occupational Safety and Health Amendment (OSHA) Act 2022 represents a major overhaul of workplace safety legislation, particularly in Malaysia, where the amendments came into force on June 1, 2024. This revised law significantly expands protections, clarifies duties for employers and workers, and increases penalties for noncompliance to improve workplace safety and health standards across industries. These changes reflect evolving expectations about risk management, employee rights, and responsibilities for employers and principals in modern work environments. Understanding the key elements of the OSHA Amendment 2022 helps businesses, employees, and safety professionals prepare for compliance and contribute to safer, healthier workplaces.
Background and Purpose of the OSHA Amendment 2022
The 2022 amendment to the Occupational Safety and Health Act was introduced to strengthen workplace safety and health protections. It addressed gaps in the earlier 1994 legislation by broadening coverage and aligning the act with current workplace challenges, including new forms of work and technological advancements. The amendment also aims to promote proactive risk management and to ensure that employers, selfemployed persons, and principals actively identify, assess, and control risks. By doing so, the law aims to reduce workplace injuries, illnesses, and fatalities while fostering a culture of safety.
Extended Scope and Applicability
One of the most notable aspects of the amendment is the expansion of the act’s scope. Previously, OSHA applied to specific industries, but the revised version now covers all places of work throughout Malaysia. This includes private sector workplaces, public services, statutory authorities, and even employees working from home. The only notable exceptions are domestic servants, members of the armed forces, and certain maritime workers governed under other laws.
New Duties and Responsibilities
The amendment imposes new and broader responsibilities on employers, principals, and selfemployed individuals. These duties reflect a stronger emphasis on proactive and comprehensive workplace safety practices rather than merely reacting after incidents occur.
Risk Assessment Requirements
Employers, principals, and selfemployed persons must now conduct thorough risk assessments to identify potential hazards and implement appropriate controls. This requirement encourages businesses to evaluate their operations systematically and take steps to eliminate or reduce risks before accidents happen. The concept of risk assessment applies to physical, chemical, biological, and ergonomic hazards, as well as psychological risks in some contexts.
Roles of Principals and Contractors
Under the amended OSHA, principals bear responsibility for ensuring the safety and health of not only their direct employees but also contractors, subcontractors, and indirect subcontractors engaged at the workplace. This duty underscores the importance of safety oversight across the entire chain of work activities and encourages coordination among different parties involved in construction, maintenance, or service projects.
Enhanced Employee Rights
The OSHA Amendment 2022 also strengthens employee protections, giving workers more agency to safeguard their own safety in hazardous conditions.
Right to Remove Themselves from Danger
A significant new provision, Section 26A, grants employees the right to remove themselves from imminent danger if they have a reasonable belief that there is a serious risk of death or serious injury. To exercise this right, an employee must inform their employer of the danger, and if the employer fails to act, the employee may leave the hazardous situation without fear of reprimand or discrimination. This provision is designed to encourage workers to prioritize their safety without risking unfair treatment.
Protection Against Retaliation
Alongside the right to withdraw from dangerous situations, the amendment ensures that employees who raise safety concerns or report occupational diseases are protected from retaliation and discrimination. This encourages open communication about hazards and supports an environment where safety concerns can be raised freely.
Stronger Enforcement and Penalties
To ensure compliance, the OSHA Amendment 2022 dramatically increases penalties for breaches of safety duties and introduces new enforcement mechanisms. Higher fines are intended to serve as a deterrent against neglecting safety obligations.
Increased Fines and Penalties
Under the amended law, the maximum fines for failing to ensure employee safety, health, and welfare have increased significantly. For example, fines for employers and selfemployed persons can reach up to RM500,000, up from RM50,000 under the previous law. Penalties for failing to comply with improvement or prohibition notices have also risen substantially, reflecting a more rigorous approach to enforcement. In some cases, noncompliance may result in imprisonment for up to two years. These increases underscore the serious legal consequences for failing to meet statutory safety duties.
Liability for Directors and Officers
Another key change is the potential liability of corporate officers, directors, partners, managers, and other office bearers for workplace safety breaches. These individuals may be held jointly or severally liable if a safety offence occurs within the organization. However, they can avoid liability if they demonstrate that the breach occurred without their knowledge and that they took all reasonable precautions and exercised due diligence to prevent it.
Additional Provisions and Practical Measures
The OSHA Amendment 2022 also introduces several other provisions to enhance workplace safety practices beyond the core duties and penalties.
Mandatory Safety Coordinators
Workplaces with five or more employees are now required to appoint an Occupational Safety and Health Coordinator. This individual is responsible for overseeing the implementation of safety protocols, ensuring compliance with risk assessments, and promoting ongoing safety education within the organization. By assigning clear responsibility for safety oversight, employers can foster a consistent culture of workplace health.
Training and Competence Requirements
The amended act empowers authorities to prescribe mandatory occupational safety and health training for specific groups of workers. These courses aim to improve safety awareness, ensure competency in identifying and managing hazards, and promote best practices in health and safety management. Such training can be critical in highrisk industries, where proper skills and knowledge significantly reduce the likelihood of accidents.
Impact on Employers and Workers
The OSHA Amendment 2022 has widereaching implications for businesses, employees, and safety practitioners. For employers, the expanded scope means companies in almost every sector must comply with comprehensive safety requirements and be prepared for more robust enforcement. Employers must revise safety policies, conduct regular risk assessments, appoint safety coordinators, and invest in training programs to meet their obligations under the amended law.
Benefits for Workplace Safety Culture
For workers, the amendment enhances protections and fosters a stronger safety culture. By granting the right to remove themselves from imminent danger and safeguarding against retaliation, employees are encouraged to speak up about hazards and participate actively in safety initiatives. These changes are likely to improve trust between workers and employers and contribute to a safer working environment.
Challenges for Compliance
While the amendments bring important protections, they also pose challenges. Small businesses may find it difficult to adjust to the expanded requirements and increased administrative duties. Additionally, employers must carefully document risk assessments, training records, and safety procedures to demonstrate compliance during inspections or audits. Effective implementation requires commitment, planning, and potentially external expertise.
The OSHA Amendment 2022 represents a major step forward in modernizing workplace safety law. By broadening coverage to all workplaces, enhancing employee rights, increasing enforcement penalties, and requiring proactive risk management, the amended act aims to reduce workplace hazards and promote a culture of safety. These changes benefit both workers and employers by clarifying responsibilities and setting higher expectations for occupational health and safety practices. While implementation may pose challenges, particularly for smaller organizations, the overall impact of the amendment is positive a stronger legal framework that supports safer working environments and fosters accountability at all levels of the workforce. Practicing and maintaining compliance with OSHA’s revised standards will be essential for businesses operating under the updated legislation.