OPM538:

OCCUPATIONAL
SAFETY, HEALTH
&
ENVIRONMENTAL
_________________
MANAGEMENT
Chapter 2: Malaysian
Occupational Safety,
Health and
Environmental Laws

by
Dr. Shariff Bin Harun
TOPICS:

 Organization / Bodies / Agencies / Related to Occupational Safety, Health and

Environmental Management
 Occupational Safety and Health Act, 1994 and Regulations / Occupational Safety
and Health (Amendment) Act 2022 and Regulations (Acts not yet in force)
 Overview of the Factory and Machinery Act 1967 and Regulations / Overview of
the Factories and Machinery (Repeal) Act 2022 and Regulations (Acts not yet
in force)
 Overview on Environmental Quality Act 1974 and Regulations / Overview of the
Environmental Quality (Amendment) Act 2022

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OSHE LEGISLATIONS CONCEPT:

 Federal, state, and local agencies, as well as

stakeholders representing employers, employee
organizations, professional associations, and other
groups, work together to conduct occupational safety
and health (OSH) surveillance.
 Concerning on the cooperative effort to create a
preventive safety culture
 In the context of the workplace, safety culture is a set
of working customs, habits, and practices that become
second nature when we consistently work safely
while guided by a well-defined set of core values that
protect and promote the individual's and the
environment's health and well-being.

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 MALAYSIA OSH LEGISLATIVE
FRAMEWORK • The Federal Constitution of
Malaysia is the supreme law of
ILO Federal Malaysia.
Conventions Constitution
Constitutional • Employment is a constitutional right,
on OSH
Provisions and the country's labour laws have
Ratified by
Malaysia always protected workers, including
ensuring safe and healthy workplaces.
OSH
• The Federal Constitution of
LEGISLATIV
E Malaysia guarantees the right to
FRAMEWOR livelihood under Article 5 and equal
K rights & protection under Article 8.
Regulations &
OSHA Orders • Article 5 of the Federal Constitution
Other Legislations Main Legislations on 1994 (Act. Code of Practices (Liberty of the Person) states that no
Related to OSH OSH (under the one can be deprived of his life or
(under other Department of OSH,
514)
Guidelines personal liberty save by the law.
Relevant Ministry of Human
Ministries) Resources) Regulations &
FMA 1967
Orders • Article 8 of the Federal Constitution
(Act. 139)
(Equality) guarantees that all
Guidelines
person are equal and entitled for
protection under the law.

Source: National Occupational Safety and Health Profile for Malaysia 2016 4
MALAYSIA WORKPLACE SAFETY & HEALTH
INFOGRAPHIC

5
Source: Laporan Tahunan 2021 Jabatan Kesihatan dan Keselamatan Pekerjaan
MALAYSIAN OSH LANDSCAPE
National Level State Level
• Ministry of Human Resource
• State Health Department
• Department of Occupational Safety and Health (DOSH)
• State DOSH
• Department of Labour
• National Council for OSH (NCOSH) District Level
• National Institute of Safety and Health (NIOSH) • District Health Office
• Social Security Organization (SOCSO) • Municipal councils

Enterprise Level
Other Ministries and Agencies • Employer
• Ministry of Health
• Ministry of Science and Technology
NGO
• Ministry of Agriculture and Agro-Based Industry
• Union
• Construction Industry Development Board (CIDB)
• Professional Organization
• Ministry of Higher Education
 MALAYSIAN OSH
GOVERNANCE

Malaysia implement the Tripartite Concept

- interaction of government, employers & Government
workers representatives as equal and Representatives Employees Representatives /
independent partners to seek solutions to Union
issues of common concern
Employers
Representatives 7
Source: Laporan Tahunan 2021 Jabatan Kesihatan dan Keselamatan Pekerjaan
 NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH (NCOSH)

• Malaysia's National Council for Occupational Safety and NCOSH consists of fifteen members and a
Health (NCOSH) under the Ministry of Human Resources is secretary.
a supreme body responsible for determining the direction
 Deputy Minister of Human Resources is the of
and policy of the State in relation to occupational safety and
Chairman NCOSH
health.
 The secretariat composed of Senior
• It was founded in 1995 as regulated under Part 3, Section Occupational Safety and Health (DOSH)
8 of the Occupational Health and Safety Act 1994 (Act 514).
 Representatives of the government (5),
The number of members should not be less than 12 or
more than 15.  Employers (3 people)
 Workers (3 people),
• The main objective of NCOSH establishment is to improve
the level of occupational health and safety by integrating a  Professional bodies and voluntary (4 people
safe and healthy work practices as part of the Malaysian including a woman)
culture. This objective is founded based on a tripartite  Observers (6 people).
process towards a culture practice. The parties are the
government representatives, employers and their
organization and employees and their unions

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DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
The Department of Occupational Safety and Health
(DOSH) is a department under the Ministry of Human
Resources. This department is responsible for ensuring the
safety, health and welfare of people at work as well as
protecting other people from the safety and health hazards
arising from the activities sectors which include:
• Manufacturing
• Mining and Quarrying
• Construction
• Hotels and Restaurant
• Agriculture, Forestry and Fishing
• Transport, Storage and Communication
• Public Services and Statutory Authorities
• Utilities - Gas, Electricity, Water and Sanitary Services
• Finance, Insurance, Real Estate and Business Services
• Wholesale and Retail Trades
Source: https://www.dosh.gov.my/index.php/about-us/dosh-profile
DOSH FUNCTIONS
• To study and review the policies and legislations of occupational
safety and health.
• To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its regulations.
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its regulations.
• To conduct research and technical analysis on issues related to
occupational safety and health at the workplace.
• To carry out promotional and publicity programs to employers,
workers and the general public to foster and increase the awareness of
occupational safety and health.
• To become a secretariat for the National Council regarding
occupational safety and health.
OSH LEGISLATIONS UNDER DOSH
ENFORCEMENT

 Occupational Safety and Health Act, 1994 and its Regulations

 Factories and Machinery Act 1967 and its Regulations

 Part of Petroleum Act 1984 (Safety Measures) and its

Regulations.

Source: https://www.dosh.gov.my/index.php/about-us/dosh-profile
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OCCUPATIONAL HEALTH PRACTITIONERS
Occupational Health Services required close cooperation and collaboration with
all related experts. The collaborative team may include:

a) Occupational Health Doctor (OHD).

b) Occupational Health Nurse (OHN).
c) Occupational Hygienist (OHyg).
d) Hygiene Technician.
e) Ergonomist.
f) Rehabilitation Specialist
g) Safety and Health Officer

This team might also collaborate with chemists, toxicologists and public health
specialist, and promote cooperation between relevant interest groups and
sectors, in the formulation and implementation of strategies.

Source: DOSH (2005). Guidelines on Occupational Health services 11

OSH LEGISLATION STRUCTURE
 OCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT 514)
ARRANGEMENT OF SECTIONS
• Occupational Safety and Health Act 1994
(Act 514) was approved by the Parliament in PART I – PRELIMINARY
PART II – APPOINTMENT OF OFFICERS
1993 and was gazetted on February 1994. PART III – NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND
This legislation was made considering the HEALTH
fact that the Factory and Machinery Act 1967 PART IV – GENERAL DUTIES OF EMPLOYERS AND SELF-
only covers occupational safety and health in EMPLOYED PERSONS
the manufacturing, mining, quarrying and PART V – GENERAL DUTIES OF DESIGNERS, MANUFACTURERS
AND SUPPLIERS
construction industries, whereas the other PART VI – GENERAL DUTIES OF EMPLOYEES
industries are not covered. PART VII – SAFETY AND HEALTH ORGANIZATIONS
PART VIII – NOTIFICATION OF ACCIDENTS, DANGEROUS
• The purpose of Occupational Safety and OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL
Health Act 1994 is to promote and encourage DISEASES AND INQUIRY
occupational safety and health awareness PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
among workers and to create organization PART X – INDUSTRY CODES OF PRACTICE
PART XI – ENFORCEMENT AND INVESTIGATION
along with effective safety and health
PART XII – LIABILITY FOR OFFENCES
measures. PART XIII – APPEALS
PART XIV – REGULATIONS
• Contains 15 Parts and 67 Sections PART XV – MISCELLANEOUS
SCHEDULES

Occupational Safety and Health Act, 1994 will be replaced by Occupational Safety and Health
(Amendment) Act 2022 (Acts not yet in force)
Source: https://www.dosh.gov.my/index.php/about-us/dosh-profile
OSHA MAIN PRINCIPLES
Main principles t h a t h a d been taken as the foundation in drafting the Act.

1. Self-regulation

To handle issues relating to occupational safety and health, employers m u s t develop a

good and orderly management system. Starting w i t h formation of a safety and health
policy and consequently employers have to mak e the proper arrangements to be carried out.

2. Consultation

Tripartite where employers, employees and the government m u s t negotiate to settle issues
and problems relating to occupational safety and health at the workplace.

3. Cooperation

Where employers and employees m u s t co-operate to take care, nurture a n d to increase

the quality of occupational safety and health at the wo rk p l a c e . W i t h o u t co­ operation
be t w e e n employers and employees, none of the occupational safety and health
programmes carried out w o u l d succeed.

Source: https://www.dosh.gov.my/index.php/about-us/dosh-profile
BASIC CONCEPT OF OSHA 1994
PART I - SECTION 3
(3) For the purposes of this Act—
(a) “work” means work as an employee or as
a self-employed person;
(b) an employee is deemed to be at work
throughout the time when he is at his place
of work but not otherwise; and
(c) a self-employed person is at work
throughout such time as he devotes to
work as a self-employed person.
Source: https://www.dosh.gov.my/index.php/about-us/dosh-profile
PART I - SECTION 4
The objects of this Act are—
(a) to secure the safety, health and welfare of persons at work
against risks to safety or health arising out of the activities of
persons at work;
(b) to protect persons at a place of work other than persons at
work against risks to safety or health arising out of the activities
of persons at work;
(c) to promote an occupational environment for persons at work
which is adapted to their physiological and psychological needs;
(d) to provide the means whereby the associated occupational
safety and health legislations may be progressively replaced by a
system of regulations and approved industry codes of practice
operating in combination with the provisions of this Act designed
to maintain or improve the standards of safety and health.
SECTORS COVERED UNDER OSHA 1994
LEGISLATIONS
EXEMPTI
ON

Work on Board
- Gas, electric,
Ships
water & sanitary
(Governed by
services
Merchant Shipping
Ordinance 1952 &
1960)

Armed Forces
- Public
(Governed by Armed
services &
Forces Act 1972) .
statutory
Civilian working for
authorities
Ministry of Defence are
Source: DOSH (2006). Guidelines on Occupational Safety and Health Act 1994 (Act 514) covered under OSHA 16
1994
OVERVIEW OF OCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT
514)
- REGULATIONS & ORDERS
OSH REGULATIONS
PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS
Part / Sections Details Penalty

Section 15: General (1) Every employer and self-employed person must safeguard the safety, liable to a fine not
duties of employers & health, and welfare of their employees exceeding RM50,000.00
self-employed or imprisonment not
persons to their exceeding 2 years or
employees both
Section 16: Duty to Every employer and self-employed person must prepare and as often as
formulate safety and necessary revise a written statement of their general policy on employee
health policy. safety and health at work and the organisation and arrangements for carrying
out that policy and bring the statement and any revision to the attention of all
employees.
Section 17: General (1) Employers and self-employed individuals must ensure safety and health
duties of employers of themselves and those affected by their work.
and self-employed (2) Employers and self-employed individuals must provide prescribed
persons to persons information to non-employees who may be affected by their conduct,
other than their including safety and health concerns.
employees.
Section 18. Duties of (1) The occupier of non-domestic premises that has been made available to
an occupier of a place non-employees as a place of work or as a place where they may use a plant
of work to persons or substance provided for their use there shall take reasonable steps to
other than his ensure that the premises, all means of access and egress therefrom, and any
employees. plant or substance in the premises or provided for use there are safe and
secure.

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PART VI: GENERAL DUTIES OF EMPLOYEES
Part / Sections Details Penalty
Section 24: General (1) Employees must liable to a fine not
duties of employees (a) take reasonable care for their own safety and health, exceeding RM1,000.00 or
at work imprisonment not
(b) cooperate with their employer or person assigned under the Act, exceeding 3 months or
(c) always wear protective equipment or clothing provided by the both
employer.
(d) to comply with any instruction, regulations or measure on
occupational safety and health as instituted by the employer.

Section 25: Duty not A person who intentionally, recklessly or negligently interferes with or liable to a fine not
to interfere with or misuses anything provided or done in the interests of safety, health and exceeding RM20,000.00
misuse things welfare in pursuance of this Act. or imprisonment not
provided pursuant to exceeding 2 years or
certain provisions. both

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PART VI: GENERAL DUTIES OF EMPLOYEES
Part / Sections Details Penalty

Section 27: (1) No employer shall dismiss an employee, injure him in his employment, The court may impose
Discrimination or alter his position to his detriment by reason only that the employee- penalties and
against employees (a) makes a complaint about a matter which he considers is not safe or is (a) order the offender to
a risk to health; pay damages to the
discriminated party
(b) is a member of a safety and health committee established pursuant to or
this Act; or
(b) reinstate the
(c) exercises any of his functions as a member of the safety and health employee in a
committee. similar position if the
former position is
unavailable.

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PART VII: SAFETY AND HEALTH ORGANISATIONS
Part / Sections Details Penalty
Section 29: Safety and (1) This section applies to industries specified by the Minister by Gazette liable to a fine not
health officer. order. exceeding RM5,000.00
(2) The management of a workplace covered by this section must hire a or imprisonment not
competent safety and health officer. exceeding 6 months or
both
(3) The health and safety officer shall be hired exclusively to ensure the
proper observance of this Act and any rule established thereunder at the
workplace and promote safe work practices.
(4) The health and safety officer must have the required qualifications or
had received the required training as gazette by the Minister.

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INDUSTRY OR CLASS NECESSARY TO HIRE SHO
(a) any building operation where the total contract price of the project exceeds twenty
million ringgit;
(b) any work of engineering construction where the total contract price of the project
exceeds twenty million ringgit;
(c) any ship building employing at peak of the work more than a hundred employees;
(d) any gas processing activity or petrochemical industries employing more than a
hundred employees;
(e) any chemical or allied industry employing more than a hundred employees
(f) any boiler or pressure vessel manufacturing activity employing more than a hundred
employees;
(g) any metal industry where there is canning or stamping or blanking or shearing or
bending operations and employing more than a hundred employees;
(h) any woodworking industry where there is cutting or sawing or planning or
moulding or sanding or peeling or any combination of the above, and employing
more than a hundred employees;
(i) any cement manufacturing activity employing more than a hundred employees; and
(j) any other manufacturing activity other than the manufacturing activity specified in
subparagraphs (f) to (i), employing more than five hundred employees.

Source: Occupational Safety and Health (Safety and Health Officer) Order 1997 23
DUTIES OF SAFETY AND HEALTH OFFICER
 advise employer or person in charge on workplace safety and health measures
 inspect place of work such as machinery, equipment and appliance or
substance or process of manual labour from causing bodily injury to any
person
 investigate accident, prepare report, collect, analyse and maintain workplace
accident statistics.
 conduct work safety and health training, supervision and promotion.
 secretary to the safety and health committee and perform all secretarial works.
 assist the safety and health committee in any inspection at the workplace to
review the effectiveness and efficacy of measures taken
 to update accident and incident record system.
 assist any officer in carrying out his duty under the Act.

 The employer shall direct a person with direct control over workplace activity to help the safety and health officer in
investigating accidents, near-misses, dangerous events, occupational poisoning, and disease.
 safety and health officer must be provided with adequate facilities, training equipment and appropriate information
Source: OSH (Safety & Health Officer) Regulations 1997 24
PART VII: SAFETY AND HEALTH ORGANISATIONS

Part / Sections Details Penalty

Section 30: (1) A safety and health committee must be established at the liable to a fine not
Establishment of workplace if exceeding RM5,000.00
safety and health (a) there are 40 or more employees or or imprisonment not
committee at place (b) if the Director General mandates it. exceeding 6 months or
of work. both

Section 31: In accordance with section 30, a safety and health committee at a N/A
Functions of safety workplace must:
and health (a) review safety and health measures;
committee. (b) investigate any unsafe or health-risky situation brought to the
employer;
(c) attempt to resolve any issue.
(d) perform other duties as required.

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ESTABLISHMENT OF SAFETY AND HEALTH COMMITTEE AT PLACE OF
WORK
• A safety and health committee needs a chairman, secretary, employer, and employee representatives.
• If there are less than 100 employees, both employers and employees shall have at least two representatives.
• More than 100 employees require at least 4 representatives from both employers and employees.
• Managers and non-managers can be employer and employee representatives, respectively.
• Union representation on the safety and health committee may be helpful.

Safety & Health Committee

Organization Chart

Chairman
(Top Management Staff)

Secretary
- SHO or SHM
Employer Employees
Representatives Representatives

Source: OSH (Safety & Health Officer) Regulations 1997 26

PART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE,
OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY

Part / Sections Details Penalty

Section 32: (1) An employer must report any workplace accident, dangerous event, N/A
Notification of occupational poisoning, or occupational disease to the nearest
accidents, dangerous occupational safety and health office.
occurrence (2) Any registered medical practitioner or medical officer who treats a
occupational patient who he believes has any of the diseases listed in the Third
poisoning and Schedule of the Factories and Machinery Act 1967 [Act 139.], any
occupational regulation or order made by the Minister under this Act, or occupational
diseases, and poisoning must notify the Director General.
inquiry.

Section 34: Power of In conducting an inquiry, an occupational safety and health officer shall N/A
occupational safety have the power to administer oaths and affirmations and the powers of a
and health officer at First-Class Magistrate for compelling the attendance of witnesses and the
inquiry. production of documents, maintaining order, and otherwise duly
conducting the inquiry. All persons summoned to attend shall be legally
bound to attend.

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PART XI: ENFORCEMENT AND INVESTIGATION
Part / Sections Details Penalty
Section 39: Powers (1) An occupational safety and health officer may enter, inspect, and examine liable to a fine not
of entry, inspection, any place of work other than a residential area at any reasonable time and exceeding
examination, seizure, upon production of his certificate of authorization to carry out his duty as RM10,000.00 or
etc. specified under the Act. imprisonment not
exceeding 1 year or
(2) As prescribed under subsection (1), an officer can: both
(a) examine and investigate any plant, substance, or article for compliance
with the Act or regulations;
(b) direct that the workplace or part thereof remain undisturbed for
examination or investigation;
(c) take measurements, photographs, and recordings;
(d) take necessary samples at the workplace.

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PART XI: ENFORCEMENT AND INVESTIGATION
Part / Sections Details Penalty
Section 40: Entry into Occupational Safety and Health Officer upon the issuance of a warrant by liable to a fine not
premises with search a Magistrate can enter and confiscate any evidence which has been used exceeding
warrant and power of to commit or is intended to be used to commit an offence under this Act or RM10,000.00 or
seizure. any of the regulation imprisonment not
exceeding 1 year or
both
Section 41: Entry into On reasonable grounds, an Occupational Safety and Health Officer may
premises without enter a place of work or residential place without a warrant and seize any
search warrant and article, thing, book, document, plant, substance, installation, or part
power of seizure. thereof if he believes that delay in obtaining a search warrant will cause it
to be removed or destroyed.

Section 42: Power of (1) In exercising their powers under section 40 or 41, an officer may:
forceful entry and (a) break open any outer or inner door of a place of work or residence
service on occupier of and enter;
signed copy of list of (b) forcibly enter the place and its parts;
things seized from (c) remove any obstruction to entry, search, seizure, and removal; and
premises. (d) detain anyone found in the place until the place is searched.
(2) The officer seizing items under sections 40 or 41 must create a list and
provide a signed copy to the occupier or agent/servant present in the
premises.

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PART XI: ENFORCEMENT AND INVESTIGATION
Part / Sections Details Penalty
Section 48: If an officer suspects a workplace, substance, or process poses a danger, liable to a fine not
Improvement notice serious health risk, or property damage, they must serve an improvement exceeding
and prohibition notice notice on the person in charge and require them to remove the danger or RM50,000.00 or
rectify any defects within a specified timeframe. imprisonment not
Section 49: Penalty exceeding 5 years
for failure to comply or both and
with notice additional RM500
per day until
rectified

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OVERVIEW OF FACTORIES AND MACHINERIES ACT 1967 (REVISED 1974)
ACT 139
• An Act to provide for the control of factories with respect to matters
relating to the safety, health and welfare of persons therein, the
registration and inspection of machinery and for matters connected
therewith
 Contains 6 Parts and 59 Sections

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
PART II – SAFETY, HEALTH AND WELFARE
PART III – PERSON IN CHARGE AND CERTIFICATES OF COMPETENCY
PART IV – NOTIFICATION OF ACCIDENT, DANGEROUS OCCURENCE
AND DANGEROUS DISEASES
PART V – NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION
AND USE OF MACHINERY
PART VI – GENERAL
SCHEDULES

Factories and Machineries Act 1967 will be repealed, and it will be integrated into the Occupational Safety and
Health (Amendment) Act 2022 (Acts not yet in force)
Source: https://www.dosh.gov.my/index.php/about-us/dosh-profile
33
AMENDMENTS TO THE OSHA 1994 (ACT 514) AND FMA 1967 (ACT139)

 The OSH (Amendment) Act 2022 (Act A1648) will significantly change the Occupational Safety and Health Act
1994. This includes adding 27 sections, removing 2 sections, and amending 35 sections. With the abolition of
the Factories and Machinery Act 1967 (“FMA”), the Act aim to combine OSHA and FMA regulations into one
health and safety law.

 The Act will come into force on a date to be determined by the Minister of Human Resources (“Minister”) by
notification in the Gazette.

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CHANGES TO NCOSH MEMBERS

Improving the effectiveness of Representative OSHA 1994 (Members) OSH (Amendment) Act 2022
NCOSH members Employer 3 5
• Maximum membership 25 (Organization representing (Organization representing the
people (government, the employer) employer)
employers, workers, NGOs, Employee 3 5
academics and (Organization representing Organization representing the
professional) the employee) (employee)
Ministry ≥3 5
• In accordance with the Department (Inclusive DG Health & representative
development and of Ministry or Department)
complexity of industry
Organization / ≥ 3 inclusive 1 women ≥ 3 inclusive 1 women
Professional Bodies (Organization / Professional Bodies)
Agencies Under Ministry Non-member (observer) Sec. General Ministry of Human
Of Human Resource Resource, Dir. General DOSH, Exec.
Agencies Director NIOSH, Chief Exec SOCSO
Total 12 < member < 15 22 < member < 25
(inclusive Chairman & Vice (inclusive Chairman & Vice Chair &
Chair) Secretary)

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CHANGES UNDER NEW OCCUPATIONAL SAFETY AND HEALTH
(AMENDMENT) ACT 2022 (ACTS NOT YET IN FORCE)
EXEMPTI
ON

Work on Board
Ships
- Gas, electric,
water &
sanitary
services

Armed Forces

- Public services &

statutory authorities

New added category

Source: DOSH (2006). Guidelines on Occupational Safety and Health Act 1994 (Act 514) Domestic Helper 36
CHANGES UNDER OSH (AMENDMENT) ACT 2022 (ACTS NOT YET IN FORCE)
Section Offences Penalty and/or imprisonment not Changes under OSH (Amendment)
exceeding Act 2022 (Acts not yet in force)

15 Failure of employer to ensure SHW at place of RM50,000 or 2 years or both RM500,000 or 2 years or both
work: general duties of employers

16 Failure of employer to formulate OSH Policy RM50,000 or 2 years or both RM500,000 or 2 years or both

17 Failure of employer to protect persons other than RM50,000 or 2 years or both RM500,000 or 2 years or both
their employees
18 Failure to occupier of a place of work to protect RM50,000 or 2 years or both RM500,000 or 2 years or both
persons
24 Failure of employees to abide to OSH Policy RM1,000 or 3 months or both RM2,000 or 3 months or both
25 Intentionally, carelessly, or negligently hindering RM20,000 or 2 years or both
OSH matters
27 Discrimination against employee Pay damage or reinstate similar post

29 Failure to employ a SHO RM5,000 or 6 months or both

30 Failure to form a SHC RM5,000 or 6 months or both

47 Failure to cooperate RM10,000 or 1 year of both

48/49 Failure to comply with Improvement / Prohibition RM50,000 or 5 years or both. RM500,000 or 2 years or both.
Notices Additional fine of RM500 per day Additional fine of RM2,000 per day

Failure to appoint competent person RM100,000

37
OVERVIEW OF ENVIRONMENTAL QUALITY ACT 1974 (ACT 127)

• An Act relating to the prevention, abatement, control of pollution, and

enhancement of the environment, and for purposes of connected
therewith.
 Contains 6 Parts and 51 Sections

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
PART II – ADMINISTRATION
PART III – LICENCES
PART IV – PROHIBITION AND CONTROL OF POLLUTION
PART IVA – CONTROL OF SCHEDULED WASTES
PART V – APPEAL AND APPEAL BOARD
PART VA – PAYMENT OF CESS AND ENVIRONMENTAL FUND
PARTVI - MISCELLANEOUS

Environmental Quality Act 1974 (Act 127) will be replaced by the Environmental Quality (Amendment) Act 2022
(Acts not yet in force)
Source: https://www.dosh.gov.my/index.php/about-us/dosh-profile
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127)
Section 22: Restrictions on pollution of the atmosphere.
Section 23: Restrictions on noise pollution.
Section 24: Restrictions on pollution of the soil.
Section 25: Restrictions on pollution of inland waters.
Section 27: Prohibition of discharge of oil into Malaysian waters.
Section 28: Special defences.
Section 29: Prohibition of discharge of wastes into Malaysian waters.
Section 29A: Prohibition on open burning
Section 30: Power to prohibit use of any material or equipment.
41
DON’T LEARN
THE HARD WAY,
FOLLOW SAFETY RULES!

THANK YOU

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