THE amendments introduced by the Occupational Safety and Health (Amendment) Act 2022 (Osha) was gazetted on March 16, 2022 and is expected to be enforced in the first quarter of 2023 after the lapse of
the normal one-year grace period granted by the authorities.
Osha has been amended to apply to all places of work, except in the armed forces, onboard ships and for domestic helpers. In this respect, employers should take note that employees working from home are similarly protected under Osha.
It is imperative that employers and organisations know the details of the amendments so that they may not run afoul with the law. There are
few salient amendments that have immediate ramifications for employers and organisations if they do not comply.
Among them are the duties of the employers that are now extended to include contractors, subcontractors and their employees they engage.
In order to ensure workers of
the contractors work safely in the premises, it is mandatory for the employer to conduct a Hazard Identification, Risk Assessment and Risk Control on how work is to be performed.
Companies that are currently excluded from engaging safety and health officers are subject to a statutory duty to appoint a safety
and health coordinator at the workplace. Only organisations with less than five employees are exempted from this requirement.
To be a safety coordinator, the appointed person must undergo a three-day safety training from accredited training providers. He then has to register with the Department of Occupational Safety and Health (DOSH) as a safety coordinator.
Osha now allows employees to proactively safeguard their safety and health. They have the statutory right to remove themselves from the workplace if there is imminent danger of death or serious bodily injury to them. However, they have to first let the employer know of the danger. He can remove himself from the workplace if the employer fails to take any action to remove such danger.
The above are some of the provisions with immediate ramifications for employers.
On a longer-term, employers and organisations have to embark on
self-regulation on safety and health. This is the philosophy of Osha 1994 since its inception.
Self-regulation is the controlling of a process or activity by the people and organisation rather than depending on the authorities. The onus to implement self-regulation is placed on both employers and employees.
In this respect, DOSH is envisaged to issue guidelines and conduct seminars to assist industries on implementation of self-regulation.
Employers should also note that Osha will impose greater penalties compared with the old regime. Employers found to have contravened their obligations will
be liable to an increased fine of RM500,000 or imprisonment of two years, or both.
Furthermore, Osha stipulates that every person who at the time of the commission of an Osha violation is a director, manager, secretary or other equivalent officers of the corporation, may be charged jointly in the same proceedings with the company.
In conclusion, employers and organisations have to stay abreast with the changes.
Some may have to consult professionals to implement the laws and regulations.
