Malaysia releases two draft Regulations on occupational safety and health

Drafts of two Regulations below that are subordinate legislation of the Occupational Safety and Health Act were released in Malaysia. Both are draft regulations based on the Occupational Safety and Health Act 1994, the former is a completely new regulation, and the latter replaces the existing “Factories and Machinery (Safety, Health and Welfare) Regulations 1970”.

• • Occupational Safety and Health (OSH Risk Management) Regulations 20XX
    https://www.dosh.gov.my/index.php/list-of-documents/eparticipation/2020-1/3483-download-1/file

• • Occupational Safety and Health (Safety, Health & Welfare) Regulations 20XX
    https://www.dosh.gov.my/index.php/list-of-documents/eparticipation/2020-1/3485-download-3/file

Occupational Safety and Health (OSH Risk Management) Regulations 20XX:

This draft regulation covers all workplaces covered under Occupational Safety and Health Act 1994 and requires employers to carry out risk assessment in the workplace. Employers must conduct risk assessment by risk assessors based on the manner specified in the Industry Codes of Practice (ICOP) of this regulation. In addition, records of any risk assessment conducted, and records of any risk control must be maintained, and made available for examination upon request by the authorities.

The above ICOP draft can be downloaded from the following URL. ICOP provides details on specific procedures, necessary documents and implementation items for risk assessment.
https://www.dosh.gov.my/index.php/list-of-documents/eparticipation/2020-1/3484-download-2/file

Occupational Safety and Health (Safety, Health & Welfare) Regulations 20XX:

This draft regulation provides for various requirements for reducing risk in the workplace. The main general duties that employers must implement are as follows:

• Identify the hazards and implement the control measures to minimize the risk.
• Ensure that the layout, access and egress of the workplace is designed and maintained to be safe.
• Ensure working space, lighting, ventilation and temperature environment in an appropriate condition so that there is no risk to safety and health during work.
• Provide the following facilities as far as practicable:
• Sanitary conveniences
• Drinking water
• Hand-washing facilities
• Eating facilities
• Nursing rooms
• Separate prayer rooms for men and women
• Separate rest facilities for men and women
• Any facilities related to person with disabilities

In addition, specific requirements for the fields of “occupational safety” and “occupational health” are also stipulated. For example, employers’ duties regarding “occupational safety” include the following.

• Ensure that material, articles or substances are firmly stored.
• Store, handle or use substances in a manner whereby the hazard related to the substance is minimized.
• Design and install the ladder, stairway or ramp with safety in mind (as far as practicable).
• Take appropriate measures (as far as practicable) for activities in places where there is risk for safety if the worker falls.