Workplace Safety Laws in Malaysia

Workplace safety is a critical concern for employers and employees alike, ensuring that everyone can work in a secure environment free from hazards. In Malaysia, several laws and regulations are designed to protect the health and safety of workers. Employers must understand these legal obligations to maintain compliance and avoid liability. This article outlines the main workplace safety laws in Malaysia and provides tips for employers to adhere to these requirements.

1. Key Workplace Safety Laws in Malaysia

a. Occupational Safety and Health Act 1994 (OSHA)

The OSHA is the cornerstone of workplace safety legislation in Malaysia. It imposes a general duty on employers to ensure the safety, health, and welfare of their employees at work. Key obligations under OSHA include:

• Providing a Safe Work Environment:

  Employers must ensure that the workplace is free from hazards that could harm the health or safety of employees. This includes implementing measures to control risks associated with machinery, chemicals, and other workplace hazards.

  
  

• Conducting Risk Assessments:

  Employers are required to regularly conduct risk assessments to identify potential hazards and implement control measures. This proactive approach helps prevent accidents and injuries.

  
  

• Safety Training and Supervision:

  Employers must provide adequate training and supervision to employees, ensuring they understand the safety procedures and how to use equipment safely.

  
  

• Appointing Safety Officers:

  In workplaces with a high level of risk or a large number of employees, it is mandatory to appoint safety and health officers responsible for monitoring compliance and promoting safety practices.

b. Factories and Machinery Act 1967 (FMA)

The FMA focuses on the safety of machinery and the working conditions in factories. It requires employers to:

• Ensure Machinery Safety:

  Employers must install safeguards on machinery to prevent accidents. This includes proper fencing of machinery and regular maintenance checks.

  
  

• Compliance with Safety Standards:

  Factories must comply with established safety standards for building structures, machinery, and equipment. Non-compliance can lead to penalties and the suspension of operations.

  
  

• Reporting Accidents:

  Employers are required to report serious accidents and dangerous occurrences to the Department of Occupational Safety and Health (DOSH) for investigation.

  
  

c. Employees’ Social Security Act 1969 (SOCSO)

SOCSO provides social security protection for employees against work-related injuries, illnesses, and accidents. Key provisions include:

• Contribution Requirements:

  Employers must contribute to SOCSO for their employees, which provides financial compensation and medical care for workers who suffer injuries or disabilities due to work-related incidents.

  
  

• Benefits for Injured Workers:

  SOCSO covers medical expenses, rehabilitation, and compensation for temporary or permanent disabilities. In the case of death, dependents receive financial support.

2. Legal Obligations and Employer Liability

Employers have a legal duty to provide a safe working environment and take reasonable precautions to protect workers from foreseeable risks. Failure to comply with workplace safety laws can lead to:

• Criminal Liability:

  Employers may face fines or imprisonment for breaches of safety laws, as highlighted in Chang Fah Lin v United Engineers (M) Sdn Bhd [1978] 2 MLJ 259, where failure to provide a safe work environment led to employer liability.

  
  

• Civil Liability:

  Employees injured due to employer negligence may file civil claims for compensation. In Lew Thai v Chai Yee Chong [1997] 5 MLJ 762, the employer was held liable for not taking adequate safety measures, resulting in an employee's injury.

  
  

• Vicarious Liability:

  Employers can be held responsible for the actions of their employees, as seen in Wee Peng Whatt v Singapore Transport Supply Services Pte Ltd & Ors [1978] 1 MLJ 192, where failure to ensure a safe system of work led to employee injury.

3. Tips for Maintaining Compliance

To ensure compliance with workplace safety laws and protect employees, employers should implement the following measures:

a. Develop and Enforce Safety Policies

Create comprehensive safety policies that outline safety procedures, emergency response plans, and reporting mechanisms for hazards and accidents. Regularly update these policies to reflect changes in regulations or workplace conditions.

b. Conduct Regular Safety Training

Provide ongoing safety training for all employees, covering topics such as proper use of equipment, emergency procedures, and hazard recognition. Training should be tailored to the specific risks associated with different job roles.

c. Implement Risk Assessment Procedures

Regularly conduct risk assessments to identify potential hazards and implement control measures. Document findings and corrective actions to demonstrate compliance with safety regulations.

d. Appoint Safety Officers

For workplaces with high-risk activities or a large workforce, appoint safety officers to oversee safety practices, conduct inspections, and provide guidance on compliance.

e. Maintain Accurate Records

Keep detailed records of safety inspections, training sessions, incident reports, and risk assessments. Accurate documentation is essential for compliance audits and can serve as evidence in the event of legal disputes.

f. Encourage Reporting and Feedback

Create a culture of safety by encouraging employees to report hazards, near-misses, and unsafe practices. Establish anonymous reporting mechanisms to ensure employees feel comfortable reporting concerns without fear of reprisal.

g. Regularly Review and Improve Safety Measures

Safety is an ongoing process. Regularly review and update safety measures to adapt to new risks or changes in the workplace. Continuous improvement helps prevent accidents and ensures compliance with evolving safety standards.

Conclusion: Ensuring a Safe Workplace

Compliance with workplace safety laws is not only a legal obligation but also a moral responsibility for employers. By understanding key safety laws and implementing effective safety measures, employers can protect their employees, avoid legal liability, and foster a safe and productive work environment. For more detailed guidance on workplace safety compliance, consulting legal experts or safety professionals is advisable. This proactive approach ensures that your business adheres to the highest safety standards and legal requirements.

Should you have any questions related to the article above, please do not hesitate to contact our managing partner, Eugene Yeong for clarification.