Malaysia’s Occupational Safety and Health (Amendment) Act 2022 took effect on 1 June 2024. Although people often call these the “OSHA 2024 amendments”, the governing legislation remains the Occupational Safety and Health Act 1994 (Act 514), as amended. For employers, the important question is not whether a policy file exists but whether actual workplace risks are assessed and controlled.
Five requirements employers should review
1. Assess workplace risks and implement controls
Section 18B places a duty on employers, self-employed persons and principals to conduct a risk assessment for people who may be affected by their undertaking. Where controls are needed, they must be implemented. An unsigned HIRARC template is not a substitute for inspecting the task, consulting workers and verifying that controls work.
2. Clarify the principal–contractor interface
Section 18A addresses the duties of principals toward contractors and other specified people, subject to its statutory scope. Review who controls access, permits, equipment, simultaneous operations and emergency arrangements. Contracts should not create gaps in operational responsibilities.
3. Check the right safety appointment
Under Section 29A, an employer with five or more employees at a workplace outside the classes requiring a Safety and Health Officer under Section 29(1) must appoint an employee as its OSH Coordinator. Where a Safety and Health Officer has already been appointed at that workplace, Section 29A provides a deemed-compliance provision. Verify the relevant gazetted workplace category before deciding which arrangement applies.
4. Maintain employee consultation and competence
Training should address real exposures, operating procedures, supervision and practical understanding. Review the separate Safety and Health Committee requirements under Section 30 where applicable. A training attendance sheet alone does not demonstrate that a worker can operate a high-risk task safely.
5. Keep evidence of implementation
Maintain risk assessments, control action records, training and authorisation records, equipment checks, incident follow-up and documented reviews. Evidence should reflect what is happening on site—not just the date the file was prepared.
What happens if an employer breaches Section 18B?
Under Section 19, a conviction for contravening specified general duties, including Section 18B, can result in a fine of up to RM500,000, imprisonment for up to two years, or both. The precise offence and outcome depend on the facts and enforcement process.
A simple employer action plan
- Map your sites, headcount and applicable statutory appointments.
- Review activities with material risks, including contractors and non-routine work.
- Check whether assessments identify workable controls with named owners.
- Observe the job to verify controls, competency and emergency readiness.
- Track gaps to closure and schedule reassessment after changes.
Frequently asked questions
Is the legal amendment called OSHA 2024?
The change commonly described that way is the Occupational Safety and Health (Amendment) Act 2022, effective 1 June 2024.
Does every company need a full-time Safety and Health Officer?
No. The statutory Safety and Health Officer requirement depends on gazetted classes of workplaces; Section 29A addresses qualifying workplaces outside those classes. Do not confuse an OSH Coordinator with a registered Safety and Health Officer.
Need practical support? Explore HIRARC, incident investigation and emergency response programmes or request a training discussion with Aswad Aziz, HRD Corp Accredited Trainer.
Official references
- DOSH: Occupational Safety and Health Act 1994 (Act 514), consolidated text — Sections 18A, 18B, 19, 29, 29A and 30.
- P.U. (B) 128/2024: Commencement date.
Information current to October 2026. This article is general training guidance, not a site-specific legal opinion. Verify current laws, regulations and gazetted requirements for your workplace.
Leave a Reply