DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH

MINISTRY OF HUMAN RESOURCES

Briefing on
OSHA (Amendment) 2022 and
FMA (Repeal) 2022
 PRESENTATION OUTLINES

INTRODUCTION

REPEALING OF FMA, WHAT’S THE IMPACT

TO THE INDUSTRY?

AMENDMENT OF OSHA, WHAT’S THE

IMPACT TO THE INDUSTRY?

ENFORCEMENT DATE OF OSHA

(AMENDMENT) 2022 & FMA (REPEAL) 2022
INTRODUCTION
OBJECTIVES OF AMENDMENT OF OSHA & REPEAL OF FMA

Factories and Machinery Act 1967

To introduce an OSH
legislation based on Occupational Safety & Health Act 1994
[Act 139] [Act 514]
self regulation To ratify ILO
concept Convention
An Act to provide for the An Act for controlling the safety &
(C 155)
control of factories related health risk in connection with or
to: arising from the activities of
➢ Safety, Health & persons at work related to;
To develop
Welfare of the person ➢ Ensuring the safety, health &
subsidiary
in the factories; welfare of persons at work;
legislation to suit
➢ Registration & ➢ Protecting persons other than
with latest To eliminate Act
inspection of employees from the safety &
technology or 514 loopholes
machineries; health risk;
standards
➢ Matters connected with ➢ To promote an occupational
factories & environment for persons at
machineries; To eliminate the work which is adapted to their
➢ Prescriptive in legislation gaps physiological and
philosophy or concept. between both Act To improve psychological needs;
effectiveness of ➢ To provide the means for
enforcement progressive maintenance &
improvement of safety &
health standards;
➢ Self regulation concept.

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DEVELOPMENT OF OSHA (AMENDMENT) 2022 & FMA (REPEAL) 2022

PUBLIC PUBLIC CABINET

DRAFTING PARLIAMENT GAZETTE
DIALOGUE COMMENTS APPROVAL

May 2011 2011 - 2015 May 2015 Sept 2020 Nov 2020 2022
Public comments Circulation of 1st reading in Occupational Safety and
Dialogue session Drafting the bill. Health Act (Amendment) 2022
on the first draft Memorandum Dewan Rakyat
to gather input from (2nd Nov 2020). & Factories and Machinery Act
Jemaah Menteri
stakeholders DOSH internal (Repeal) 2022 gazetted
(MJM) to Ministries
(Employers, policy meeting.
Aug 2015 / Agencies Oct 2021 (16th March 2022).
Employees,
Academician, Presentation to Oct 2020 2nd reading &
NGOs & OSH NCOSH approval by Dewan
Practitioners)
2017 - 2019 Cabinet approval Rakyat.
Jan 2019 (28/10/2021)
Review draft by
AGC Dec 2021
Presentation to
National Labour Advisory 2nd reading &
Council (NLAC) approval in Dewan
Negara.
(13/12/2021) 5
 Act 139 and Act 514
Occupational Safety and Health Act 1994
Factories and Machinery Act 1967 [Act 514]
[Act 139] • 28 years and never amended.
• 55 years and amended thrice in 1973, • 67 Sections and 3 Schedules
1978 & 2006 • 8 Regulations
• 70 Sections and 3 Schedules • 2 Orders
• 13 Regulations
• 6 orders
Existing OSHA (Amendment) 2022
OSHA
FMA (Repeal) 2022 Deleted Amended Added
Whole Acts and Regulations 2 35 Sections 27 Sections
will be repealed Sections 2 Schedules
67 Sections
3 Schedules
Total :
92 Sections and 5 Schedules

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REPEALING OF FMA,
WHAT’S THE IMPACT TO
THE INDUSTRY?
Factories and Machinery
(Repeal) Act 2022

What will happen to the action made

under the FMA 1967 [Act 139] ?

What will happen to the pending

application under the FMA 1967 [Act
139] ?
What will happen to the legal
proceeding started under the FMA 1967
[Act 139] ?
What will happen to the action made under the FMA
1967 [Act 139] ?
1. Section 4(1)
Any registration, order, notice, direction, written authority, approval,
certificate of fitness, Special Scheme Inspection or certificate of competency
will be dealt under the OSHA 1994 [Act 514].
New Regulations under OSHA will prescribe what happen to each action. I.E:
Certificate of fitness (CF) for machineries to remain valid until expiry date on
the CF.

2. Section 4(2)
Notice form JKJ 110 (Subsection 19(2) or Notice form JKJ 26 (Subsection
39(3) & 40(4)) will be dealt under the FMA 1967 until its revocation.
 What will happen to the pending application
under the FMA 1967 [Act 139] ?
Dealt under FMA 1967 [Act 139) until Section 5(d)
completion Initial inspection under
subsection 36(3) Act 139
Section 5(a)
Application of certificate of Section 5(e)
competency (CoC) or written authority Pending appeal under subsection
under subsection 29(2) Act 139 36(6) Act 139

Section 5(b) Section 5(f)

Application of written permission in Periodical inspection under
relation to the use of any premises as a section 40 Act 139
factory under subsection 34(2) Act 139

Section 5(c) Section 5(g)

Application for a written approval in Application for approval in relation to
relation to installation of machinery a special scheme of inspection under
under subsection 36(1) Act 139 subsection 40(5) Act 139
What will happen to the legal proceeding
started under the FMA 1967 [Act 139] ?
Section 6: Any pending legal proceeding started before coming
into operation the FMA (Repeal) 2022, may be instituted,
continued or enforced under the FMA 1967 [Act 139]

Any investigation, compounds and prosecution shall be

continued under the FMA 1967 [Act 139] until completion.
 Installation of machinery

Inspection of machinery
PROVISIONS UNDER FMA
Certificate of fitness for machinery
1967 MIGRATED INTO
THE OSHA (AMENDMENT) Special Scheme Inspection (SSI)
2022
Notice of occupation place of work

Licensed person
Director General Special Order

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AMENDMENT OF OSHA,
WHAT’S THE IMPACT TO
THE INDUSTRY?
SALIENT PROVISIONS IN OSHA (AMENDMENT) 2022

1. Application 7. OSH Training

2. Risk assessment 8. Machinery Integrity

3. Duties of employer &

9. Licensed person
principal

10. Regulate OSH

4. Rights of employee
Practitioners

5. Occupational health
11. Empower NCOSH
services

6. OSH Coordinator 12. Increasing the penalty

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IMPROVEMENTS IN OSHA (AMENDMENT) 2022

1 Application Amendment;
S1(2) Subject to subsection (3), this Act shall apply to
all places of work throughout Malaysia including in
the public services and statutory authorities.

S1(3) Nothing in this Act shall apply to the work

specified in the First Schedule.

Apply to all place of work except :

• Domestic servant
• Armed forces (ATM)
• Work on board ships

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
2 Risk Assessment Duty to conduct and implement risk assessment
Specific provision imposes the duty to 18B. (1) Every employer, self-employed person or principal shall
employer, self-employed person or principal to conduct a risk assessment in relation to the safety and health risk
conduct risk assessment and implement risk posed to any person who may be affected by his undertaking at the
control at the place of work. place of work.
• Hazard Identification
• Risk Analysis / Risk Evaluating (2) Where a risk assessment indicates that risk control is required to
• Risk Control
eliminate or reduce the safety and health risk, the employer, self-
employed person or principal shall implement such control.

(3) For the purposes of this section, “risk assessment” means the
process of evaluating the risks to safety and health arising from
hazards at work and determining the appropriate measures for risk
control.

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
3 Duties of employer 15. (1) It shall be the duty of every employer to ensure, so far
as is practicable, the safety, health and welfare at work of all
Additional duty to the “employer” his employees.
• The need to develop & implement an
emergency plan at the place of work. (2) Without prejudice to the generality of subsection (1), the
matters to which the duty extends include in particular—

(a) the provision and maintenance of plant and systems of

work that are, so far as is practicable, safe and without risks
to health;
(b)…
(c) …
To ensure that there are (d) …
(e) …
procedures or plans to mitigate the (f) the development and implementation of procedures for
consequences of accidents at the dealing with emergencies that may arise while his employees
place of work. are at work.

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
3 Duties of principal 18A. (1) It shall be the duty of every principal to take, so far
as is practicable, such measures as are necessary to ensure
Imposes duties to the “principal”. the safety and health of—
• Explain the duties of the developer/owner
towards his contractors or sub-contractors, etc. (a) any contractor engaged by the principal when at work;
(b) any subcontractor or indirect subcontractor when at
work; and
(c) any employee employed by such contractor or
subcontractor when at work.

(2) The duty imposed on the principal in subsection (1) shall

only apply where the contractor, subcontractor or
employee referred to in that subsection is working under
the direction of the principal as to the manner in which
To ensure, issues related to OSH is foreseen the work is carried out.
and taken into consideration at the initial
planning and design stage.

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
4 Rights of employees
26A. (1) An employee, after informing his employer or his
representative that he has reasonable justification to believe
there exist an imminent danger at his place of work, shall
have the right to remove himself from the danger or the
work if the employer fails to take any action to remove
Improve the rights of employee conforming to the danger.
the Article 13, ILO C155
• Employees' right to remove themselves (2) An employee who removes himself from the danger in
from the place of work if there are imminent accordance with subsection (1) shall be protected against
danger that could risk their safety and
undue consequences and shall not be discriminated
health.
against.

For the purposes of this section, “imminent danger” means a serious risk of death or serious
bodily injury to any person that is caused by any plant, substance, condition, activity, process,
practice, procedure or place of work hazard.

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
Occupational Health Services
5 Occupational Health Services
28. (1) Where it appears to the Minister that in any of the place of work or
class or description of place of work —
• The provision of services for the
protection of employee health while
(a) cases of illness have occurred which he has reason to believe may be
working due to the nature of the process or other conditions of work;
• Promotion of occupational health (b) by reason of changes in any process or in the substance used in any
and well-being at the place of work;
• Prevention of occupational disease
process or, by reason of the introduction of any new process or new
and occupational poisoning. substance for use in a process, there may be risk of adverse effect to
the health of persons employed in the process; or
(d) there may be risk of adverse effect to the health of persons
employed in any of the occupations specified in the Third Schedule,
or from any substance or material brought to the place of work to
be used or handled therein or from any change in the conditions in
the place of work ,
he may make regulations requiring such arrangements for the
occupational health service.

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
6 Appointment of OSH-C NEW SECTION 29A:
OCCUPATIONAL SAFETY AND HEALTH COORDINATOR
The need to appoint an employee to
act as an Occupational Safety and 29A (1) An employer whose place of work is NOT included in any
Health Coordinator (OSH-C). class or description of place of work as published in the Gazette
• To assist employers in
under subsection 29(1) shall appoint one of his employees to act as
coordinating OSH legislation and
OSH programs in the place of an occupational safety and health coordinator if he employs five
work. or more employees at his place of work.

Employers who have appointed a Safety and Health Officer (SHO)

even though the workplace is not included in the SHO Order under
S.29, do not need to appoint OSH-C

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
AMMENDMENT SECTION 29:
SAFETY AND HEALTH OFFICER (SHO)
Act 514 (BEFORE AMENDMENT) Act 514 (AFTER AMENDMENT)
Safety and Health Officer Safety and Health Officer

S.29. (1) This section shall apply to such class or description S.29. (1) (1) This section shall apply to such class or
of industries as the Minister may, by order published in the description of place of work as the Minister may, by order
Gazette, specify. published in the Gazette, specify.

(2) An occupier of a place of work to which this section (2) An occupier of a place of work to which this section
applies shall employ a competent person to act as a safety applies shall appoint a person who is competent to act as a
and health officer at the place of work. safety and health officer at the place of work.
………..… …………..
S.29 (4) A person shall be appointed as a safety and
S.29(4) to replace health officer only for one place of work at any one time,
unless permitted otherwise by the Director General;
 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
7 OSH Training NEW SECTION 31A:
Occupational Safety and Health Training Courses.
The needs for certain “class or
description of persons” to attend (1) The Minister may, by order published in the Gazette, require any
prescribed OSH training. class or description of persons to attend an occupational safety
• Ensure those prescribed employees and health training course as specified in the order that is conducted
gain enough exposure and knowledge by a registered training provider.
before performing work activities.
(2) The employer of any person required to attend any training course
under subsection (1) shall ensure that the person has completed
such training course before allowing that person to perform any
work for which the training is required.

Director General may, issue instructions to the prescribed

employees attending the refresher course.

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 IMPROVEMENTS IN OSHA (AMENDMENT) 2022
8 Machinery Integrity Part VIA: Notification of Occupation of Place of Work,
Incorporate management Installation and Inspection of Plant, Etc.
elements of machinery integrity,
machinery inspection, Certificate NOTICE OF OCCUPATION OF PLACE OF WORK
of Fitness and Special Scheme of Periodical Inspections of factory is abolished
Inspection
PRESCRIPTION OF PLANT REQUIRING CERTIFICATE OF FITNESS
INSTALLATION OF PLANT
CERTIFICATE OF FITNESS
PERIODICAL INSPECTION OF PLANT
To be stipulated in the Certificated Machinery Regulations
9 Licensed Person (OBL) which is being drafted.

Provision to enable Licensed Persons to be SPECIAL SCHEME OF INSPECTION

appointed to carry out plant inspections and Regulations related to Special of Scheme Inspection is
issue Certificates of Fitness. maintained and improved
• Improving plant management by industry.
Address the issue of machinery inspection SPECIAL ORDERS OF DIRECTOR GENERAL
backlog

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 IMPROVEMENT IN OSHA (AMENDMENT) 2022
Part VIIA. COMPETENT PERSON AND REGISTERED TRAINING PROVIDER.
10 OSH Practitioner
Application of registration Validity of registration
Registration, monitoring and accountability of
OSH practitioners (Competent Persons, Renewal of registration Cancellation of registration
Training Providers, Competent Firms) are
standardized under the legislation.

• To increase the commitment and level of

professionalism of OSH practitioners.
Purpose of provisions:
competent
person To regulate competent
person and registered
training provider and
take legal action if fails
to carry out their
duties.

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 IMPROVEMENT IN OSHA (AMENDMENT) 2022
11 Empowering NCOSH Representative Existing Act 514 (members) Amendment Act 514 (members)

3 5
Improving the effectiveness of Employers (organizations that represent (organizations that represent
NCOSH employers employers)
• Maximum membership of 25
3 5
people (government,
Employees (organizations that represent (organizations that represent
employers, employees,
employees) employees)
NGOs, academics and
professionals) 5
• Inline with the complexity government ≥3 (include DG of MOH & representative
industrial development.. of the Ministry or Department)
Organisation /
Profesional ≥ 3 including 1 woman ≥ 3 including 1 woman
Body
Agency under KSU KSM, DG JKKP,
Non member(observer)
MOHR ED NIOSH, KE PERKESO

12 < member< 15 22 < member< 25

Total (include Chairman and Deputy (include Chairman, Deputy Chairman
Chairman) and Secretary)
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 IMPROVEMENT IN OSHA (AMENDMENT) 2022
12 Increasing the penalty - deterrent effect

Existing Act 514 Amendment Act 514

RM10K RM100K
General penalty
- Imprisonement : 1 year
Employers, Principal, etc. RM 50K RM 500K
duties. Imprisonement : 2 years Imprisonement : 2 years
RM 1K RM 2K
Employees duties
Imprisonement : 3 months Imprisonement: 3 months
Competent Person - RM 100K
RM 50K RM 500K
Failure to comply with Imprisonement : 5 years Imprisonement: 2 years
Notice Further fine for each day offence Further fine for each day
continues - RM 500 offence continues – RM 2K

Comparison
• Other local Acts (i.e: Act 127, Act 520) which introduce same concept of legislations imposed maximum
penalty of RM 500K.
• Other countries OSH Act impose high amount of penalty. 27
ENFORCEMENT DATE OF
OSHA (AMENDMENT) 2022 &
FMA (REPEAL) 2022
 ➢ Amendment of OSHA and Repeal of FMA
will be enforce together on the same date.

➢ The enforcement date also will take into

ENFORCEMENT DATE OF consideration the readiness of new
OSHA (AMENDMENT) 2022 subsidiary legislations in substituting
& Regulations repealed under FMA.
FMA (REPEAL) 2022
➢ Readines of MyKKP online service system.

➢ Expected enforcement date will be on June

2023.

The announcement of the enforcement date will be publish through Gazette.

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 List of Subsidiary Legislation

1. Certificated Machinery Regulation

2. Special Scheme Inspection Regulation
3. Certificated Machinery Exemption Order
4. Class or description of persons to attend OSH Training Order
5. Construction Work Regulation (Design & Management)
6. Risk Management Regulation
7. Working at Height Regulation
8. Safety, Health and Welfare Regulation
9. Amendment of existing Regulations under Act 514
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Thank You…