Understanding Occupational Safety and Health (Amendment) Act 2022 and Their Impact on the Industry 

The Occupational Safety and Health (Amendment) Act 2022, receiving royal assent on March 4, 2022, marks a significant update to workplace safety legislation in Malaysia. Coming into force on June 1, 2024, alongside two new subsidiary legislations—the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 and the Occupational Safety and Health (Licensed Person) Order 2024 – this amendment introduces several critical changes aimed at enhancing occupational safety and health standards across various industries. This blog will outline these changes, their impacts, and provide guidance for ISO 45001 certified companies on maintaining compliance.

Key Changes in the OSHA 2022 Amendment

Expanded Scope and Applicability

One of the most notable amendments is the expansion of OSHA’s scope to cover all workplaces, not just factories. This means that many industries previously exempt will now need to comply with OSHA standards, ensuring a broader protection framework for employees.

Duties of Employers and Principals

The amended OSHA extends the responsibilities of employers and principals to ensure the safety and health of all individuals involved in their operations, including contractors and subcontractors. This includes:

• Provision and Maintenance: Employers must provide and maintain safe plant and systems of work.
• Resource Allocation: Adequate time, budget, and resources must be allocated to safety measures.
• Information and Training: Necessary information, instruction, training, and supervision must be provided to ensure safety.
• Safe Working Environment: Maintenance of a safe working environment and procedures for emergencies are mandatory.

Risk Assessment Requirements

For the first time, employers are required to conduct risk assessments to identify and control safety and health hazards at the workplace. This proactive approach helps in early identification and mitigation of potential risks.

Increased Penalties

Penalties for non-compliance have been significantly increased. For instance, failure to establish a safety and health committee when required can now result in a fine of up to RM100,000 or imprisonment for up to one year, or both.

Protection for Employees

Employees are now given statutory rights to remove themselves from situations of imminent danger without fear of discrimination or retaliation from their employers. This right enhances workers’ ability to safeguard their own health and safety proactively.

Competent Persons and Licensed Activities

The amendment mandates that certain safety-critical activities, such as the installation and operation of plants, must be performed by registered competent persons. This ensures that individuals with the necessary expertise are handling high-risk tasks.

Impact on the Industry

The amendments introduce a more comprehensive safety framework, which will likely increase operational costs due to the need for enhanced safety measures, training programs, and compliance audits. However, these costs are offset by the benefits of a safer work environment, potentially lower accident rates, and the avoidance of hefty penalties.

Guidance for ISO 45001 Certified Companies

For ISO 45001 certified companies, aligning with the new OSHA requirements can be streamlined by leveraging existing systems and processes. Here are key steps to ensure compliance:

1. Update Policies and Procedures: Review and update your occupational safety and health policies to reflect the expanded scope and new definitions of roles. Ensure that responsibilities are clearly defined and communicated.
2. Conduct Comprehensive Risk Assessments: Implement thorough risk assessments to identify potential hazards. Use the findings to develop and execute risk mitigation strategies, ensuring a safer workplace.
3. Enhance Training Programs: Incorporate the mandatory training requirements into your existing training programs. Ensure that all employees, including contractors, receive adequate training on safety procedures and emergency protocols.
4. Strengthen Employee Engagement: Promote a safety culture by encouraging employees to report hazards and participate in safety committees. Empower them to take proactive measures to protect their health and safety.
5. Appoint Qualified Safety Officers / Coordinator: Ensure that you have appointed competent safety and health officers or coordinators. Provide them with the necessary resources and support to effectively manage safety and health issues.
6. Update Legal Register and Conduct Evaluation of Compliance: Regularly update your legal register to include the latest OSHA 2022 requirements. Conduct evaluations of compliance to ensure that all aspects of your operations meet the updated legal standards.
7. Conduct EHS Meetings to Review and Report Changes: Schedule regular Environmental, Health, and Safety (EHS) meetings to review the changes in OSHA 2022. Use these meetings to discuss compliance strategies, report on the implementation progress, and address any issues or concerns.
8. Monitor and Review Compliance: Regularly audit your safety practices and compliance with OSHA and ISO 45001 standards. Use these audits to identify areas for improvement and ensure continuous enhancement of your safety management system.
9. Enhance Documentation and Record-Keeping: Ensure that all safety procedures, risk assessments, and training sessions are well-documented and records are maintained.

Conclusion

The amendments to OSHA 2022 represent a significant shift towards a more comprehensive and inclusive approach to occupational safety and health in Malaysia. ISO 45001 certified companies are well-positioned to adapt to these changes by leveraging their existing frameworks. By updating policies, conducting thorough risk assessments, enhancing training, fostering a safety culture, updating the legal register, and holding regular EHS meetings, companies can ensure compliance and maintain a safe working environment.

For more detailed guidance on adapting to these changes, or if you need assistance in updating your safety management systems, feel free to contact us at Regner Consulting.