Occupational Safety and Health Act: Employer Duties

A worker falls from scaffolding, and the investigator’s first question is not “who was negligent?” — but “did the employer do everything practicable to prevent it?” That is the heart of the Occupational Safety and Health Act 1994 (Act 514), or OSHA 1994.

What are an employer’s basic duties under OSHA 1994?

Section 15(1) sets out the primary duty: every employer must ensure, so far as is practicable, the safety, health and welfare of all its employees at work. The phrase “so far as is practicable” means the employer must weigh the risk against the cost and effort of controlling it — it is not an absolute duty, but the burden rests on the employer to prove that reasonable measures were taken.

Section 15(2) breaks this duty down into several specific areas:

• Providing and maintaining safe plant and systems of work.
• Ensuring safety in the use, handling, storage and transport of plant and substances.
• Providing the necessary information, instruction, training and supervision.
• Providing a safe workplace, including safe means of access and egress.
• Creating a safe working environment and adequate welfare facilities.

Section 16 additionally requires employers to prepare a written safety and health policy and to bring it to the attention of employees.

What changed after the 2022 amendments?

The Occupational Safety and Health (Amendment) Act 2022 (Act A1648) came into force on 1 June 2024. It repealed the Factories and Machinery Act 1967 and extended OSHA to apply to all workplaces across Malaysia, including the public service and statutory authorities — no longer just certain sectors.

Two important new duties:

New duty	Details
Risk assessment	Every employer, self-employed person or principal must carry out a risk assessment of the safety and health risks at the workplace.
Safety coordinator	An employer with five or more employees must appoint an employee as an occupational safety and health coordinator, where the workplace does not require a safety officer.

The amendments also expand the liability of company officers: directors, managers, secretaries and other company officers can be held personally liable when the company commits an offence.

What are the penalties for non-compliance?

Penalties were raised significantly. Among the main ones:

• Section 19 (breach of the general duties in Sections 15–18, including the Section 16 written policy): a fine of up to RM500,000 or imprisonment of up to two years, or both — up from RM50,000 previously.
• Failure to appoint a safety coordinator (Section 29A): a fine of up to RM50,000 or imprisonment of up to six months.
• Section 49 (contravening a DOSH improvement or prohibition notice): a fine of up to RM500,000 or two years’ imprisonment, plus an additional fine of RM2,000 for each day the offence continues.

How does an employer report an accident to DOSH?

Under the NADOPOD Regulations 2004, an employer must notify the nearest DOSH office by the quickest means when a death, serious injury or dangerous occurrence takes place. A formal report using Form JKKP 6 must be submitted within 7 days. Accidents that leave a worker unable to perform their normal duties for more than 4 days must also be reported.

What’s next

Check whether your workplace now falls within the expanded scope of OSHA, put a written risk assessment in place, and appoint a safety coordinator if you have five or more employees. Refer to the official DOSH (Department of Occupational Safety and Health) portal for the latest JKKP forms and subsidiary regulations, and seek legal advice for situations specific to your company.