LAWS OF MALAYSIA
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
Incorporating all amendments up to 1 January 2006
PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006
OCCUPATIONAL SAFETY AND HEALTH ACT 1994 Date of Royal Assent ... ... ... ... … … … … 15 February 1994 24 February 1994
Date of publication in the Gazette
PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002
3 LAWS OF MALAYSIA Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994
ARRANGEMENT OF SECTIONS
PART I PRELIMINARY
1. 2. 3. 4.
Short title and application Prevailing laws Interpretation Objects of the Act PART II APPOINTMENT OF OFFICERS
5. 6. 7.
Appointment of officers Appointment of independent inspecting body Certificate of authorization PART III NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH
8. 9. 10. 11. 12. 13. 14.
Establishment of the Council Membership of the Council Second Schedule to apply Powers and functions of the Council Appointment of secretary to the Council Committees Annual report
Laws of Malaysia
PART IV GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS
15. 16. 17. 18. 19.
General duties of employers and self-employed persons to their employees Duty to formulate safety and health policy General duties of employers and self-employed persons to persons other than their employees Duties of an occupier of a place of work to persons other than his employees Penalty for an offence under section 15, 16, 17 or 18 PART V GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS
20. 21. 22. 23.
General duties of manufacturers, etc., as regards plant for use at work General duties of manufacturers, etc., as regards substances for use at work Explanations to sections 20 and 21 Penalty for an offence under section 20 or 21 PART VI GENERAL DUTIES OF EMPLOYEES
24. 25. 26. 27.
General duties of employees at work Duty not to interfere with or misuse things provided pursuant to certain provisions Duty not to charge employees for things done or provided Discrimination against employee, etc. PART VII SAFETY AND HEALTH ORGANIZATIONS
28. 29. 30. 31.
Medical surveillance Safety and health officer Establishment of safety and health committee at place of work Functions of safety and health committee
Occupational Safety and Health
PART VIII NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY Section
32. 33. 34.
Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry Director General may direct inquiry to be held Power of occupational safety and health officer at inquiry PART IX PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
Power to prohibit the use of plant or substance Aggrieved person may appeal PART X INDUSTRY CODES OF PRACTICE
Approval of industry codes of practice Use of industry codes of practice in proceedings PART XI ENFORCEMENT AND INVESTIGATION
39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50.
Powers of entry, inspection, examination, seizure, etc. Entry into premises with search warrant and power of seizure Entry into premises without search warrant and power of seizure Power of forceful entry and service on occupier of signed copy of list of things seized from premises Further provisions in relation to inspection Power of investigation Power to examine witnesses Employer, etc., to assist officer Offences in relation to inspection Improvement notice and prohibition notice Penalty for failure to comply with notice Aggrieved person may appeal
Laws of Malaysia
PART XII LIABILITY FOR OFFENCES
51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62.
General penalty Offences committed by...