ESH.APP.

05
SIME DARBY PROPERTY BERHAD Rev. 0

PROPERTY LEGAL REGISTER

Act : OCCUPATIONAL SAFETY AND HEALTH 1994

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1 Preliminary
General Duties of Employers And Self Employed
15 (1) Person

Provision and maintenance of safe plant and system of

15(2)(a) work;

Ensure absence of risk to health with the use or

15(2)(b) operation, handling, storage and transport of plant and
substances;

Provide information, instruction, training and

supervision; provision and maintenance of access and
15(2)(c) egress, working environment and adequate facilities

Provision and maintenance of access and egress,

15(2)(d) working environment and adequate facilities

15(2)(e) Working environment and adequate facilities

Employee' includes an independent contractor
engaged by an employer or a self-employed person
15(3)(a) and any employee of the independent contractor

Duty of every employer and self employed persons

To formulate safety and health policy, prepare and

15(3) (b) revise the policy statement and bring the statement
and any revision of it to the notice of the employees

IV 15(3)(b)(i) has control.

Had control but for any agreement between the
15(3)(b)(ii) employer or self-employed person and the
independent contractor to the contrary.

To formulate safety and health policy, prepare and

revise the policy statement and bring the statement
16 and any revision of it to the notice of the employees

General duties of employers and self employed

17 persons to persons other than their employees

Is to ensure he and other person (not being his

17(1) employees) are not exposed to risks to their safety and
health

Prescribed information on such aspects of the manner

17(2) conducts as might affect their safety or health.

Duties of an occupier of a place of work to persons

other than his employees - An occupier of non-
domestic premises which has been made available to
persons, not being his employees, as a place of work,
or as a place where they may use a plant or substance
18 (1) provided for their use there, shall take such measures
as are practicable.
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Duties of an occupier of a place of work to persons Complied
other than his employees - An occupier of non-
domestic premises which has been made available to
persons, not being his employees, as a place of work,
or as a place where they may use a plant or substance
18 (1) provided for their use there, shall take such measures
as are practicable.
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Obligation of any extent by virtue of contract or lease
or otherwise deemed to have control; maintenance or
18(2)(a) repair of a place of a work or any means of access and
egress

Obligation of any extent by virtue of contract or lease

or otherwise deemed to have control; prevention of
18(2)(b) risk to safety and health arise from use of any plant
cont. IV and substance

Penalty for an offence under Section 15,16,17 or 18

19 Fine not exceeding fifty thousand ringgit or to

imprisonment for a term not exceeding two years or to
both

24 General duties of employees at work

To take reasonable care of himself and other persons;
24(a)

cooperate with his employer or any other person on

24(b) the requirement imposed;

wear at all times any protective equipment provided

24(c) and;

comply with any instruction or measure on OH&S

24(d) instituted by the employer

A person who contravenes the provisions of this

24(2) section shall be guilty of an offence and shall, on
conviction, be liable.

Duty not to interfere with or misuse things provided

pursuant to certain provisions - A person who
intentionally, recklessly or negligently interferes with or
misuses anything provided or done in the interests of
25
VI safety, health and welfare in pursuance of this Act.

Duty not to charge employees for things done or

26 provided

Discrimination against employee - No Employer shall

27(1) dismiss an employee

Makes a complaint about a matter which he considers

27(1)(a) is not safe or is a risk to health.

Is a member of a safety and health committee

27(1)(b) established pursuant to this act

Exercise any of his functions as a member of the

27(1)(c) safety and health committee.

Makes a complaint about a matter which he considers

27(2)(a) is not safe or is a risk to health.

27(2) No trade shall take any action

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Makes a complaint about a matter which he considers
27(2)(a) is not safe or is a risk to health.

Is a member of a safety and health committee

27(2)(b) established pursuant to this act

Exercise any of his functions as a member of the

27(2)(c) safety and health committee.

cont. VI Trade union which, contravenes provisions, of this

27(3) section shall be guilty of an offence and be liable.

An order that the offender pays within a specific period

27(4)(a)

An order that the employee be re-instated or re-

27(4)(b) employed.

28 Medical surveillance
Where it appears to the Minister that in any of the
industries or class or description of industries and he
may make regulation requiring such reasonable
arrangements as may be specified in the regulations to
be made for the medicals surveillance and medical
28(1) examination, not including medical treatment of a
preventive character.

Cases of illness have occurred which he has reason to

28(1)(a) believe may be due to the nature of the process or
other condition of works.

Any changes on process or substances may be risk of

28(1)(b) injury to the health of persons employed in the
process.

Persons below the age of sixteen years are or are

28(1)(c) about to be employed in work which may cause risk of
VII injury to their health.

There are may be risk of injury to the health of

28(1)(d) persons.

Required medical surveillance to be carried out by

28(2) persons registered with Director General.

A person who, contravenes provisions, of this section

28(3) shall be guilty of an offence and be liable.

Safety and health officer - Applied to class or

29(1) description of industries as the Minister may, by order
published in the Gazette.

An occupier shall employ a competent person as a

29(2) safety & health officer (which this section applies).

The safety and health officer shall ensure the due

29(3) observance at the place of work of the provisions of
this act.
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The Safety and Health Officer shall qualified by
29(4) attending relevant training.

An occupier which, contravenes provisions, of this

29(5) section shall be guilty of an offence and be liable.

Establishment of safety and health committee at place

30 of work

Applicable for forty or more persons employed at the

30(1)(a) place of work

The Director General directs the establishment of such

30(1)(b) a committee at the place of work

The composition of a safety and health committee

30(2) establishment or procedure of the committee shall be
as prescribed.

The Employer shall consult with safety and health

30(3) committee for effectiveness of promoting and
developing measures.

A person who, contravenes provisions, of this section

cont. VII 30(4) shall be guilty of an offence and be liable.

Functions of safety and health committee

31 The safety and health committee established at a
place of work pursuant to section 30.

Shall keep under review the measures taken to ensure

31(a) the safety and health of persons at the place of work.

Shall investigate - which a member of the committee

31(b)(i) or a person employed thereat considers is not safe or
is a risk to health.

Shall investigate - which as been brought to the

31(b)(ii) attention of the employer.

Shall attempt to resolve any matter referred to in

paragraph (b) and if it is unable to do so, request
31(c) Director General to undertake an inspection of the
place of work for that purpose.

Shall have such other functions as may be prescribed.

31(d)

Notification of Accidents, dangerous Occurrence,

32 Occupational Poisoning And Occupational Diseases
And Inquiry
VIII
To notify the nearest DOSH office of any accident etc
32(1) occurred or is likely to occur at the place of work
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Medical practitioner or medical officer attending any
diseases listed in Third Schedule of the Factories and
32(2) Machinery Act 1967, shall report the matter to the
Director General.

An inquiry ought to be held into the nature and cause

33(1) of the accident.

Director General may appoint one or more persons of

engineering medical or other appropriate skills or
33(2) expertise to serve as assessor.

Every persons not being public officer serving as an

33(3) assessor may be paid an allowance.

Power of occupational safety and health officer at

inquiry - An occupational safety and health officer shall
have the power of administer oaths and affirmations
and shall be vested with the power of a First Class
Magistrate for compelling the attendance of witnesses
34 and the production of documents, maintaining order
and otherwise duly conducting the inquiry.

Aggrieved person may appeal - within thirty days of

36 the order, lodge an appeal with the secretary to the
council.

cont. VIII The minister may, upon the recommendation of the

council or the Director General approve industry codes
of practice comprising such directions as may appear
to him to be necessary or proper for the guidance of
37(1)
persons in complying with the requirements.

The Minister may, upon the recommendation of the

council or the Director General from time to time revise
the industry codes of practice by amending, deleting,
37(2) varying, or adding to the provisions of the industry
codes of practice.

An industry code of practice may - consists of any

code, standard, rule, specification or provision relating
37(3)(a) to occupational safety or health approved by the
Minister.

Apply, incorporate or refer to any document formulated

or published by a any body or authority as in force at
the time the industry code of practice is approved or
37(3)(b) as amended, formulated or published from time to
time.

The Minister shall cause to published in the Gazette

the approval of an industry code of practice and the
37(4) amendment or revocation thereof.
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Use of industry codes of practice in proceedings - a
38 person has contravened or failed to comply with a
provision of the Act.

Approved industry code of practice shall be admissible

38(a) in evidence in the proceedings

If the court is satisfied in relation to any matter which it

is necessary for the prosecution to prove in order to
38(b) establish the alleged contravention or failure.

cont. VIII
A provision of the approved industry code of practice is
38(b)(i) relevant to the matter.

The person failed at any material time to observe the

provision of the approved industry code of practice, the
matter shall be taken as proved unless the court is
satisfied that in respect of the matter the person
38(b)(ii)
complied with a provision of the Act.

Powers of entry, inspections examination, seizure, etc.

39(1)

Make examination and investigation of any plant,

substance, article or other thing whatsoever as may be
39(2)(a) necessary to ascertain .

Direct that the place of work or any part thereof, or

39(2)(b) anything therein, shall be left undisturbed.

Take such measurements and photographs and make

such recordings as he considers necessary for the
39(2)(c) purpose of any examination or investigation under
paragraph (a).

Take samples of any article or substance found in the

XI place of work which he has power to enter, and of the
39(2)(d) atmosphere in or in the vicinity of the place of work.

Any person employed in a place of work in which any

of the diseases to be medically examined by a medical
39(2)(e) officer or a registered medical practitioner.

To be dismantled or subjected to any process or test

39(3)(a) at any convenient place and at such reasonable time
as he may appoint.

To examine it and do to it anything which he has

39(3)(b)(i) power to do.

To ensure that it is not tampered with before his

39(3)(b)(ii) examination of it is completed.
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To ensure that it is available for use as evidence in
39(3)(b)(iii) any proceeding for an offence under any of the
provisions.

Where an officer is a medical officer he may carry out

39(4)(a) such medical examination as may be necessary for
the purposes of his duties.

Exercise such other powers as may be necessary or

39(4)(b) as are conferred under subsections (2) and (3)

An officer may for the purposes of this section, seek

whenever necessary the assistance of the police if he
has reasonable cause to apprehend any serious
39(5) obstruction in the execution of his duty.

Officer may bring any other person duly authorized by

39(6)(a) the Director General.

Officer may bring any equipment or material required

39(6)(b) for any.

Entry into premises with search warrant and power of

seizure - Where information is given on oath to a
Magistrate that there is reasonable cause for
suspecting that there is in a place of work or
residential place any article, thing, book, document,
plant, substance, installation or part thereof which has
40
been used to commit or is intended to be used to
commit an offence under this Act.
cont. XI

Entry into premises without search warrant and power

of seizure - where an officer is satisfied upon
information received that he has reasonable grounds
for believing that, by reason of delay in obtaining a
search warrant, any article, thing, book, document,
plant, substance, installation or part thereof in a place
41 of work or residential place used to commit or intended
to be used commit an offence under this Act.

Power of forceful entry and services on occupier of

42 signed copy of list of things seized from premises.

Break open any outer or inner door of a place of work

42(1)(a) or residential place and enter there into.

41(2)(b) Forcibly enter the place and every part thereof

Remove by force any obstruction to entry, search,
42(1)(c) seizure, and removal as he is empowered to effect.

Detain every person found in the place until the place

42(1)(d) has been searched.
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Prepare a list of the things seized and forthwith or as
42(2) soon as is practicable.

Further provisions in relation to inspection upon

entering any place of work an officer shall take all
43(1) reasonable steps to notify the employer and the safety
and health officer.

Upon concluding and inspection, an officer shall give

to the employer and the safety and health committee
43(2) with respect to his observations.

Where an officer proposes to take and remove a

sample from a place of work for the purposes of
43(3) analysis, he shall notify the employer and the safety
and health committee.

Divide the sample taken into as many parts as are

43(3)(a) necessary and mark and seal or mark and fasten up
each part.

If required by the employees and safety and health

43(3)(b) committee, deliver one part each.

43(3)(c) Retain one part for future comparison

If an analysis of the sample is to be made, submit
43(3)(d) another part to an analyst for analysis.
cont. IX
Power of investigation - an officer shall have the
44(1) power to investigate the commission of any
offence.

An officer may in relation to any investigation in

respect of an offence committed under this act,
44(2) exercise the special powers in relation to police
investigation report.

The officer shall immediately give all information

44(3) relating to the commission of the offences.

Power to examine witnesses - Examine orally any

person who appears to him to be acquainted with the
45(1) facts and circumstances of the case.

The person shall be legally bound to answer all

45(2) questions relating to the case

Legally bound to state the truth whether or not the

45(3) statement is made wholly or partly in answer to
question.

Obtaining information from a person shall first inform

45(4) the person of the provisions of subsection (2) and (3).
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A statement made by a person under this section
shall, whenever possible to be reduced into writing and
45(5) signed by him or affixed with his thumb print.

The assistant of the interpreter, any inquiry or

requisition to a person made on behalf of the officer
45(6) shall for all purposes be deemed to have been actually
made by officer.

The owner or occupier shall provide assistance as the

officer may require for any entry, inspection,
46 examination or inquiry or for the exercise of his
powers.

Offences in relation to inspection - Refuses access to

47(a) a place of work to an officer or a person assisting him.

Obstructs the officer in the exercise of his power to

47(b) induce any other person to do so.

Fails to produce any document required under this act

47(c) by the officer.

Conceals the location or existence of any other person

47(d) or any plant or substances from the officer.

cont. IX
Prevents or attempts to prevent any other person from
47(e) assisting the officer.

In any other way, hinders, impedes or opposes the

47(f) officer in the exercise of his powers.

Improvement notice and prohibition notice - He shall

serve an improvement notice on the person to remove
48(1) the danger or rectify any defect within such period.

If likely to cause immediate danger to life or property,

48(2) he shall serve a prohibition notice.

An improvement notice or a prohibition notice under

48(3) subsection (1) or (2) shall be stated.

The officer is of the opinion that is respect of the plant,

48(3)(a) substance or process at the place of work.

The officers opinion the activity concerned is a

48(3)(b) contravention or is likely to be a contravention of any
provision of this Act.

Include in an improvement notice or a prohibition

48(4) notice directions as to the measures to be taken to
remove any danger.
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Proceed to render inoperative the place of work, plant,
substances or process by any means he may deem
48(5) best suited for the purpose.

Recover the cost of the action from the occupier or

persons having responsibility or control of the place of
48(6) work, plant, substances or process.

Penalty for failure to comply with notice - must comply

49(1) with same notwithstanding that an appeal against its
issuance has been lodged.

cont. IX Fails to comply with any improvement or prohibition

49(2) notice issued shall be guilty of an offence and shall be
liable.

Aggrieved person may appeal - within thirty days from

50(1) the date of such notice, appeal to the Director General.

Within thirty days from the date of the decision, appeal

50(2) to an appeal committee appointed by the Minister.

Improvement or a prohibition notice is issued, the

50(3) appeal shall be made to an appeal committee
appointed by the Minister.

Liability for offences - a person who by any act or

51 omission contravenes any provision of this act shall be
guilty an offence.

Offences committed by body corporate - Every person

who at the time of the commission of the offence is a
director, manager, secretary shall be deemed to have
contravened the provision and may be charged.
52(1)

A person may be proceeded against and convicted

XII under the provision of subsection (1).
52(2)

Offences committed by trade union - every officer,

employee and person purporting to act on the
instruction of any officer of the trade union shall be
53(1) deemed to have contravened the provision and may
be charged.

A person may be proceeded against and convicted

53(2) under the provision of subsection (1).
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Offences committed by agent - if the thing had been
54 done or omitted by him personally shall be liable for
penalty.

Defense - in any proceedings against a person for an

offence to satisfy the court that the offence was
55 committed without his consent or connivance.

Body corporate or trade union liable to fine - it shall

56 only be liable to the imposition of a fine provided.

Aiding and abetting - shall be punished with the

57 punishment provided for the offence.

Safeguards against further personal liability - no

person shall incur any personal liability for any loss or
58 damage caused by any act or omission by him in
carrying out the duties

Civil liability not affected by Parts IV, V and VI -

59(a) conferring a right of action in any civil proceedings in
respect of any contravention.

Conferring a defense to an action in any civil

59(b) proceedings or as otherwise affecting a right of action
in any civil proceedings.
cont. XII
Affecting the extent, if any to which a right of action
arises or civil proceedings may be taken with respect
to breaches of duties imposed by other legislations in
59(c) regard to safety and health.

Onus of proving limits of what is practicable - it shall

be for the accused to prove that it was not practicable
60 to do more than was in fact done to satisfy the duty or
requirement

Prosecutions - with the prior written consent of the

Public Prosecutor, be instituted and conducted by an
61 occupational safety and health officer.

Compounding of offences - the minister may by order

62(1) in the Gazette, as an offence which may be
compounded.

The Director General may at any time before

conviction compound any of the offences may be
compounded by collecting from the person reasonably
62(2) suspected of having committed the offence a sum of
money not exceeding the amount of the maximum
fine.
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The Minister may make regulation for or with respect
to the safety, health and welfare of persons at work in
66(1) order to achieve the objects of this Act.

Regulate or prohibit the manufacture, supply or use of

66(2)(a)(i) any plant.

Regulate or prohibit the manufacture, supply storage,

66(2)(a)(ii) transport or use any operation.

Regulate or prohibit the carrying on of any process or

66(2)(a)(iii) the carrying out of any operation.

Requirements with respect to the design, construction,

guarding, sitting, installation, commissioning.
Examination, repair, maintenance, alteration,
adjustment, dismantling, testing, marking or inspection
66(2)(b)
of any plant.

Requirements with respect to the examination, testing,

66(2)(c) analysis, labeling or marking of any substances.

Prescribe the times and the manner in which

employers or other specified persons are required to
66(2)(d) examine, test, analyze, label or mark any substance.

XIV
The requirements to abstain from eating, drinking or
smoking in any circumstances involving risk of
absorption of any substance or risk of injury or
66(2)(e) poisoning arising out of the use of any substance.

The requirements with respect to the instruction,

66(2)(f) training and supervision of persons at work.

The procedure for employers to notify any accident,

66(2)(g) dangerous occurrence, occupational poisoning or
occupational disease.

The arrangements to be made with respect to the

taking of any action or precaution to avoid, or in the
66(2)(h) event of any accident or dangerous occurrence.

Prohibit or require the taking of any action in the event

66(2)(i) of any accident or dangerous occurrence.

The requirements with respect to the provision and

use in specified circumstances of protective clothing or
66(2)(j) equipment rescue equipment.
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The standards in relation to the use of including
66(2)(k) standards of exposure to any physical, biological,
chemical, or psychological hazard.

Regulate and require the monitoring by employers or

occupiers of conditions at a place of work including the
66(2)(l) health of their employees.

Secure the provision of adequate welfare facilities by

66(2)(m) employers for person at work.

Require the employers to keep and preserve records

66(2)(n) and other documents.

The composition, powers, function and procedures of

safety and health committees and regulate the election
or appointment of members of the committees and
cont. XIV 66(2)(o) other related matters.

The manner of holding inquiries under section 33 and

66(2)(p) of hearing appeals under section 36 or 50.

The fees payable or chargeable for doing any act or

66(2)(q) providing any service for the purposes of this Act.

The offences which may be compounded and the

66(2)(r) method and procedure to be complied.

The requirements for engaging a medical officer and

66(2)(s) the procedures for the registration of the medical
officer