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Introduction: Strengthening Workplace Safety Under OSHA 2022
The Occupational Safety and Health (Amendment) Act 2022 (OSHA 2022) marks a significant milestone in Malaysia’s ongoing efforts to strengthen workplace safety and health standards. Enacted on 4 March 2022 and gazetted on 16 March 2022, these amendments expand the scope of protections for employees, introduce stricter compliance requirements for employers, and align Malaysia’s occupational safety framework with global best practices. This article delves into the key changes under OSHA 2022, their implications for businesses and workers, and how these updates aim to foster safer workplaces nationwide.
Key Amendments Under OSHA 2022
Expanded Scope of Application
OSHA 2022 broadens the applicability of the Occupational Safety and Health Act 1994 (Principal Act) to all workplaces in Malaysia, including public services and statutory authorities. Previously limited to specific industries, the amended Act now ensures comprehensive coverage, except for exemptions listed in the First Schedule (e.g., domestic employment, armed forces, and maritime work under specific ordinances).
Introduction of New Definitions
The amendments clarify critical terms to eliminate ambiguity:
- “Serious Bodily Injury”: Defined in the Fourth Schedule, this includes injuries such as emasculation, permanent loss of sight/hearing, fractures, burns covering >10% of the body, and injuries requiring hospitalization for over 24 hours.
- “Director General”: A newly designated authority overseeing OSHA enforcement.
- “Competent Person” and “Licensed Person”: Individuals/entities authorized to conduct inspections, issue certificates of fitness, or provide occupational safety training.
Enhanced Duties for Employers and Principals
- Risk Assessments: Employers, self-employed persons, and principals must conduct risk assessments for workplace hazards and implement controls to mitigate risks (Section 18B).
- Principal’s Responsibilities: Principals (e.g., project owners) are now accountable for the safety of contractors, subcontractors, and their employees working under their direction (Section 18A).
- Occupational Health Services: Employers must provide health surveillance, preventive measures, and emergency procedures (Section 28).
Employee Rights and Protections
Right to Refuse Unsafe Work: Employees can withdraw from work posing “imminent danger” (e.g., risk of death or serious injury) without facing discrimination (Section 26A).
Mandatory Training: Employers must ensure employees complete OSHA-compliant training courses from registered providers (Section 31A).
Stricter Penalties for Non-Compliance
Fines and imprisonment terms for violations have increased significantly:
Operating uncertified equipment: Up to RM100,000 and/or 1 year imprisonment (Section 27D).
Failure to comply with safety notices: Up to RM500,000 and/or 2 years imprisonment (Section 49).
Corporate liability extends to directors, managers, and agents (Section 52).
Licensing and Certification Requirements
Licensed Inspectors: The Minister may license third parties to inspect prescribed plants and issue certificates of fitness (Section 7A).
Certificates of Fitness: Mandatory for installing/operating high-risk machinery (Sections 27B–27E).
Strengthened Governance
National Council for Occupational Safety and Health (NCOSH): Expanded membership to include representatives from government bodies, employers, employees, and professionals (Section 9).
Confidentiality Provisions: Protects commercial secrets disclosed during inspections (Section 67).
Implications for employers
OSHA 2022 places a greater onus on employers to proactively manage workplace risks:
Risk Management: Employers must implement systematic risk assessments and document control measures.
Training Investments: Ensure staff, especially safety officers and coordinators, undergo accredited training.
Contractor Oversight: Principals must vet subcontractors’ compliance and provide safety resources.
Record-Keeping: Maintain logs of inspections, training, and incident reports for regulatory audits.
Failure to comply could result in severe financial penalties, operational disruptions, and reputational damage.
Employee Rights Under OSHA 2022
Workers gain stronger safeguards:
Whistleblower Protections: Employees reporting hazards or refusing unsafe tasks are shielded from retaliation.
Access to Information: Employers must disclose risks related to machinery, substances, or processes.
Health Surveillance: Regular medical checks for those exposed to occupational hazards (e.g., chemicals, noise).
The Road Ahead: Benefits of OSHA 2022
By aligning with international standards like ILO conventions, OSHA 2022 aims to:
Reduce workplace accidents and occupational diseases.
Promote a culture of safety through education and accountability.
Enhance Malaysia’s competitiveness by ensuring safer, more productive workplaces.
Why Choose Advanced HSE Solutions for OSHA 2022 Compliance & Workplace Safety?
At Advanced HSE Solutions, we’re all about helping businesses create safer, more efficient, and fully compliant workplaces. With a team of DOSH-certified professionals, we specialize in risk assessments, compliance training, and workplace safety solutions that align with the latest OSHA 2022 standards. Whether you’re in manufacturing, construction, oil & gas, healthcare, or logistics, we’ve got you covered.
1. Industry-Leading Expertise You Can Trust
We don’t just tick compliance boxes—we help businesses stay ahead of safety regulations with expert guidance tailored to their industry. Our team ensures you’re always up to date with OSHA 2022, DOSH regulations, and USECHH 2000.
✔️ DOSH-Approved Safety Consultants & Assessors
✔️ Detailed Risk Assessments & OSHA 2022 Compliance Strategies
✔️ Thorough Compliance Audits & Safety Reports
2. Comprehensive Risk Assessments & Workplace Monitoring
Identifying hazards before they become problems is key to workplace safety. That’s why we offer a full suite of risk assessment and monitoring services to keep your team safe.
📌 Chemical Health Risk Assessment (CHRA) – Ensure hazardous chemicals are handled and controlled safely.
📌 Noise Risk Assessment (NRA) – Protect employees from hearing loss with proper noise monitoring and control.
📌 Ergonomic Risk Assessment (ERA) – Reduce strain and injuries caused by poor posture and repetitive tasks.
📌 Industrial Hygiene Monitoring – Monitor air quality, chemical exposure, and overall workplace safety.
📌 Hazard Identification, Risk Assessment & Risk Control (HIRARC) – A proactive approach to preventing workplace accidents.
3. HRDF-Claimable Safety Training & Certification
Looking for OSHA 2022-compliant training? We’re an HRDF-registered training provider, offering hands-on workshops and certifications designed to equip your team with the right safety skills.
📌 Occupational Safety & Health Coordinator (OSH-C) Training
📌 Fire Safety & Emergency Response
📌 First Aid & CPR Certification
📌 Safe Working at Heights & Confined Space Entry Training
💡 Bonus: All training programs are claimable under the HRDF SBL-Khas scheme!
4. Workplace Safety Consulting & Advanced Solutions
We go beyond just compliance. Our goal is to help you build a culture of safety that improves efficiency, reduces risks, and ensures long-term success.
✔️ Customized Safety Operation Procedures (SOPs) & Documentation
✔️ Workplace Accident Investigations & Root Cause Analysis
✔️ Expert Consultation on OSHA 2022 Compliance & Safety Audits
✔️ Tailored Safety Solutions for High-Risk Industries
5. Why Our Clients Trust Advanced HSE Solutions
At the heart of our work is a simple goal: making workplaces safer and businesses stronger. We’re committed to providing top-notch service, expert insights, and practical solutions that fit your operational needs.
🔍 What Sets Us Apart?
✔️ A proven track record of successful compliance strategies
✔️ Highly qualified DOSH-certified consultants & assessors
✔️ Industry-specific expertise across multiple sectors
✔️ Fast, responsive, and professional service
Let’s Build a Safer Workplace Together!
Need to improve workplace safety, reduce risks, and stay OSHA 2022 compliant? Let’s talk!
📞 Contact us today to schedule a consultation with our safety experts.
Advanced HSE Solutions – Your Trusted Partner in Workplace Safety!
FAQs About OSHA 2022 Amendments in Malaysia
Q: What is OSHA 2022, and why is it important?
OSHA 2022 refers to the Occupational Safety and Health (Amendment) Act 2022, which strengthens workplace safety regulations in Malaysia. It expands coverage to all workplaces, increases employer responsibilities, and introduces stricter penalties for non-compliance, ensuring a safer working environment for all employees.
Q: Who does OSHA 2022 apply to?
The amendments apply to all workplaces in Malaysia, including public services, statutory bodies, and private sector businesses. Only a few exceptions exist, such as domestic workers, the armed forces, and maritime workers covered under separate regulations.
Q: What are the key changes introduced under OSHA 2022?
The major changes include:
- Expanded coverage to all workplaces.
- Mandatory risk assessments (CHRA, NRA, HIRARC).
- Increased fines and penalties for non-compliance.
- Right for employees to refuse unsafe work.
- Stricter licensing requirements for safety inspectors and equipment.
- Employer responsibility for contractor and subcontractor safety.
Q: What are the penalties for non-compliance with OSHA 2022?
The penalties have been significantly increased:
- Operating uncertified machinery – Up to RM100,000 fine and/or 1-year imprisonment.
- Failure to comply with safety notices – Up to RM500,000 fine and/or 2 years imprisonment.
- Directors and safety officers can be held accountable for workplace violations.
Q: What are employers required to do under OSHA 2022?
Employers must:
- Conduct regular workplace risk assessments (CHRA, NRA, HIRARC).
- Provide mandatory OSHA training for employees.
- Establish Standard Operating Procedures (SOPs) for hazardous tasks.
- Keep detailed safety records for regulatory inspections.
- Ensure contractors and subcontractors comply with OSHA requirements.
Q: What rights do employees have under OSHA 2022?
Employees now have stronger legal protections under OSHA 2022:
- Right to refuse unsafe work if there is an imminent danger.
- Whistleblower protection for reporting hazards or unsafe practices.
- Access to workplace safety information, including risks associated with machinery, chemicals, and work processes.
- Health surveillance, including regular medical check-ups for employees exposed to occupational hazards.
Q: How often should risk assessments be conducted under OSHA 2022?
Risk assessments, including CHRA (Chemical Health Risk Assessment), NRA (Noise Risk Assessment), and HIRARC (Hazard Identification, Risk Assessment, and Risk Control), should be conducted:
- At least once every five years, or sooner if workplace conditions change.
- Whenever new machinery, chemicals, or hazardous processes are introduced.
- Immediately after an accident or near-miss incident.
Q: Is OSHA training mandatory for employees?
Yes. Under Section 31A of OSHA 2022, employers must ensure that all employees undergo OSHA-compliant training from a registered training provider.
Q: How does OSHA 2022 impact contractors and subcontractors?
Project owners and principals are now responsible for ensuring contractor and subcontractor compliance with OSHA regulations. This means:
- Vetting contractors for safety qualifications.
- Providing safety training and resources to subcontractors.
- Conducting regular site inspections to ensure OSHA compliance.
Q: What happens if my business fails an OSHA inspection?
Failing an OSHA 2022 inspection can result in:
- Issuance of a Notice of Improvement or Prohibition, requiring immediate corrective action.
- Hefty fines or legal action if violations are severe.
- Potential business suspension for repeated non-compliance.
Q: What steps should businesses take to comply with OSHA 2022?
Businesses should:
- Conduct comprehensive safety audits and risk assessments.
- Provide regular training and refreshers on workplace safety.
- Keep updated documentation of all safety measures.
- Appoint qualified safety officers or OSH Coordinators to oversee compliance.
- Implement emergency response plans and drills for accidents or hazardous incidents.
Q: How can Advanced HSE Solutions help businesses comply with OSHA 2022?
At Advanced HSE Solutions, we offer:
- DOSH-approved risk assessments (CHRA, NRA, HIRARC).
- Workplace safety training programs (HRDF-claimable).
- Occupational health surveillance and compliance audits.
- OSHA 2022 consulting to help businesses meet regulatory standards.
Conclusion
The OSHA 2022 amendments reflect Malaysia’s commitment to prioritizing worker welfare in an evolving industrial landscape. Employers must act swiftly to align their policies, invest in training, and foster collaborative safety practices. For employees, these changes empower them to demand safer conditions without fear of reprisal. As the Director General intensifies inspections and enforcement, compliance is no longer optional—it’s a strategic imperative for sustainable business growth. Stay informed, stay compliant, and build a safer tomorrow with OSHA 2022.
By following this guide or consulting professionals like Advanced HSE Solutions, businesses can effectively manage noise hazards and foster a safer work environment.
