osha 1994 act 514 (full text)

8/13/2019 Osha 1994 Act 514 (Full Text)

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AWS OF MA AYSIA - Act 514OCCUPATIONA SAFETY AND HEA TH ACT 1994

ARRANGEMENT OF SECTIONS

PART 1 - PRELIMINARY

1. Short title and application.2. Prevailing laws.

3. Interpretation.4. Objects of the Act.

PART II - APPOINTMENT OF OFFICERS

5. Appointent of Officers.!. Appointent of independent inspecting bod"#. $ertificate of a%thori&ation

PART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH

'. (stablishent of the $o%ncil.). *ebership of the $o%ncil.1+. Second Sched%le to appl".11. Powers and f%nctions of the $o%ncil.12. Appointent of secretar" to the $o%ncil.13. $oittees.14. Ann%al report.

PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS

15. ,eneral d%ties of eplo"ers and self-eplo"ed persons to their eplo"ees.

1!. %t" to for%late safet" and health polic".

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1#. ,eneral d%ties of eplo"ers and self-eplo"ed persons to persons otherthan their eplo"ees.

1'. %ties of an occ%pier of a place of wor/ to persons other than his eplo"ees.1). Penalt" for an offence %nder section 15. 1!. 1# or 1'

PART V - GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

2+. ,eneral d%ties of an%fact%rers0 etc. as regards plant for %se at wor/.21. ,eneral d%ties of an%fact%rers0 etc. as regards s%bstances for %se at wor/.22. (planations to sections 2+ and 21.23. Penalt" for an offence %nder section 2+ or 21.

PART VI - GENERAL DUTIES OF EMPLOYEES

24. ,eneral d%ties of eplo"ees at wor/.

25. %t" not to interfere with or is%se things provided p%rs%ant to certain provisions.2!. %t" not to charge eplo"ees for things done or provided .2#. iscriination against eplo"ee0 etc.

PART VII - SAFETY AND HEALTH ORGANIZATIONS

2'. *edical s%rveillance.2). Safet" and health officer3+. (stablishent of safet" and health coittee at place of wor/.31. %nctions of safet" and health coittee.

PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONALPOISONING AND OCCUPATIONAL DISEASES, AND INQUIRY

32. otification of accidents0 dangero%s occ%rrence0 occ%pational poisoning andocc%pational diseases0 and in%ir".

33. irector ,eneral a" direct in%ir" to be held.34. Power of occ%pational safet" and health officer at in%ir".

PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

35. Power to prohibit the %se of plant or s%bstance3!. Aggrieved person a" appeal

PART X - INDUSTRY CODES OF PRACTICE

3#. Approval of ind%str" codes of practice.3'. se of ind%str" codes of practice in proceedings.

PART XI - ENFORCEMENT AND INVESTIGATION

3). Powers of entr"0 inspection0 eaination0 sei&%re0 etc.4+. (ntr" into preises with search warrant and power of sei&%re.

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41. (ntr" into preises witho%t search warrant and power of sei&%re.42. Power of forcef%l entr" and service on occ%pier of signed cop" of list of

things sei&ed fro preises.43. %rther provisions in relation to inspection.

44. Power of investigation.45. Power to eaine witnesses.4!. (plo"er0 etc.0 to assist officer.4#. Offenses in relation to inspection.4'. Iproveent notice and prohibition notice.4). Penalt" for fail%re to copl" with notice.5+. Aggrieved person a" appeal.

PART XII - LIABILITY FOR OFFENSES

51. ,eneral penalt".

52. Offenses coitted b" bod" corporate.53. Offenses coitted b" trade %nion.54. Offenses coitted b" agent.55. efence.5!. 6od" corporate or trade %nion liable to fine.5#. Aiding and abetting.5'. Safeg%ards against f%rther personal liabilit".5). $ivil liabilit" not affected b" Parts I70 7 and 7I.!+. On%s of proving liits of what is practicable.!1. Prosec%tions.!2. $opo%nding of offenses.

PART XIII - APPEALS

!3. Appeal coittees.!4. Powers of appeal coittee.!5. ecision of appeal coittee.

PART XIV - REGULATIONS

!!. 8eg%lations.

PART XV - MISCELLANEOUS

!#. %t" to /eep secret.

SCHEDULES

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OCCUPATIONAL SAFETY AND HEALTH ACT 1994

An Act to a/e f%rther provisions for sec%ring the safet"0 health and welfare of persons at wor/0for protecting others against ris/s to safet" or health in connection with the activities of persons at

wor/0 to establish the ational $o%ncil for Occ%pational Safet" and 9ealth and for attersconnected therewith.

:24th ebr%ar" 1))4;

6( I< (A$

PART I PRELIMINARY

Sh!" "#"$% &'( &))$#*&"#'

1. ?1@


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an" other written law relating to occ%pational safet" and health.

?2@ In the event of an" conflict or inconsistenc" between the provisions of this Act and that ofan" other written law pertaining to occ%pational safet" and health0 the provisions of this Act

shall prevail and the conflicting or inconsistent provisions of s%ch other written law shall0 to theetent of the conflict or inconsistenc"0 be constr%ed as s%perseded.

I'"%!)!%"&"#'

3. ?1@ In this Act0 %nless the contet otherwise re%ires-

contract of service eans an" agreeent0 whether oral or in writing and whether epress oriplied0 whereb" one person agrees to eplo" another as an eplo"ee and that other agreesto serve his eplo"er as an eplo"ee and incl%des an apprenticeship contractB

$o%ncil eans the ational $o%ncil for Occ%pational Safet" and 9ealth established %ndersection 'B

eplo"ee eans a person who is eplo"ed for wages %nder a contract of service on or inconnection with the wor/ of an ind%str" to which this Act applies and

?a@ who is directl" eplo"ed b" the principal eplo"er on an" wor/ of0 or incidental orpreliinar" to or connected with the wor/ of0 the ind%str"0 whether s%ch wor/ is doneb" the eplo"ee at the place of wor/ or elsewhereB

?b@ who is eplo"ed b" or thro%gh an iediate eplo"er at the place of wor/ of theind%str" or %nder the s%pervision of the principal eplo"er or his agent on wor/ whichis ordinaril" part of the wor/ of the ind%str" or which is preliinar" to the wor/ carriedon in or incidental to the p%rpose of the ind%str"B or

?c@ whose services are teporaril" lent or let on hire to the principal eplo"er b" theperson with who the person whose services are so lent or let on hire has entered intoa contract of serviceB

eplo"er eans the iediate eplo"er or the principal eplo"er or bothB

governent eans the ederal ,overnent0 the ,overnent of a State or a localgovernentB

iediate eplo"er0 in relation to eplo"ees eplo"ed b" or thro%gh hi0 eans a personwho has %nderta/en the eec%tion at the place of wor/ where the principal eplo"er is carr"ingon his trade0 b%siness0 profession0 vocation0 occ%pation or calling0 or %nder the s%pervision ofthe principal eplo"er or his agent0 of the whole or an" part of an" wor/ which is ordinaril" partof the wor/ of the trade0 b%siness0 profession0 vocation0 occ%pation or calling of the principaleplo"er or is preliinar" to the wor/ carried on in0 or incidental to the p%rpose of0 an" s%chtrade0 b%siness0 profession0 vocation0 occ%pation or calling0 and incl%des a person b" who theservices of an eplo"ee who has entered into a contract of service with hi are teporaril"

lent or let on hire to the principal eplo"erB

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ind%str" eans the p%blic services0 stat%tor" a%thorities or an" of the econoic activitieslisted in the irst Sched%leB

occ%pier0 in relation to a place of wor/0 eans a person who has the anageent or control

of the place of wor/>

officer eans the occ%pational safet" and health officer appointed %nder s%bsection 5?2@ andincl%des the irector ,eneral0 ep%t" irectors ,eneral0 irectors0 ep%t" irectors andAssistant irectors of Occ%pational Safet" and 9ealthB

place of wor/ eans preises where persons wor/ or preises %sed for the storage of plantor s%bstanceB

plant incl%des an" achiner"0 e%ipent0 appliance0 ipleent or tool0 an" coponentthereof and an"thing fitted0 connected or app%rtenant theretoB

practicable eans practicable having regard to-

?a@ the severit" of the ha&ard or ris/ in %estionB

?b@ the state of /nowledge abo%t the ha&ard or ris/ and an" wa" of reoving oritigating the ha&ard or ris/B

?c@ the availabilit" and s%itabilit" of wa"s to reove or itigate the ha&ard or ris/B and

?d@ the cost of reoving or itigating the ha&ard or ris/B

preises incl%de

?a@ an" land0 b%ilding or part of an" b%ildingB

?b@ an" vehicle0 vessel or aircraftB

?c@ an" installation on land0 off shore installation or other installation whether on thebed of or floating on an" waterB and

?d@ an" tent or ovable str%ct%reB

prescribed eans prescribed b" this Act or the reg%lationsB

principal eplo"er eans the owner of an ind%str" or the person with who an eplo"ee hasentered into a contract of service and incl%des

?a@ a anager0 agent or person responsible for the pa"ent of salar" or wages to aneplo"eeB

?b@ the occ%pier of a place of wor/B

?c@ the legal representative of a deceased owner or occ%pierB and

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?d@ an" governent in *ala"sia0 departent of an" s%ch governent0 local a%thorit" orstat%tor" bod"B

secretar" eans the secretar" appointed %nder s%bsection 12?1@B

self-eplo"ed person eans an individ%al who wor/s for gain or reward otherwise than %ndera contract of eplo"ent0 whether or not he hiself eplo"s othersB

s%bstance eans an" nat%ral or artificial s%bstance0 whether in solid or li%id for or in thefor of a gas or vapo%r or an" cobination thereofB

s%bstance for %se at wor/ eans an" s%bstance intended or s%pplied for %se0 whetherecl%sivel" or not0 b" persons at wor/B

s%ppl"0 in relation to an" plant or s%bstance0 eans the s%ppl" b" wa" of sale0 echange0lease0 hire or hirep%rchase0 whether as principal or agent for anotherB

trade %nion eans an" association or cobination of wor/en or eplo"ers within theeaning of the


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?d@ to provide the eans whereb" the associated occ%pational safet" and healthlegislations a" be progressivel" replaced b" a s"ste of reg%lations and approvedind%str" codes of practice operating in cobination with the provisions of this Actdesigned to aintain or iprove the standards of safet" and health.

PART II - APPOINTMENT OF OFFICERS

A))#'"2%'" #*%!.

5. ?1@


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a%thori&ation which shall be prod%ced on deand to the occ%pier or an" person in charge of aplace of wor/ which the officer intends to enter p%rs%ant to this Act.

?2@ In the case of the irector ,eneral0 his certificate of a%thori&ation shall be iss%ed b" the

*inister.

PART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH

E."&/#$#.h2%'" "h% C'*#$

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?b@ the iproveent of the adinistration and enforceent of occ%pational safet" andhealth legislationB

?c@ the fostering of a co-operative cons%ltative relationship between anageent andlabo%r on the safet"0 health and welfare of persons at wor/B

?d@ the special probles with respect to occ%pational safet"0 health and welfare ofwoen0 handicapped persons and other gro%ps in the co%nit"B

?e@ the establishent of ade%ate ethods of control of ind%strial cheicals at a placeof wor/B

?f@ the statistical anal"sis of occ%pationall" related deaths and inj%riesB

?g@ the provision of health care facilities at a place of wor/B

?h@ the fostering of the developent and adoption b" law of ind%str" codes of practicerelated to occ%pational safet"0 health and welfareB

?i@ the developent of rehabilitation plans and facilities to assist persons inj%red at aplace of wor/.

A))#'"2%'" .%*!%"&!3 " "h% C'*#$

12. ?1@


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s%bsection ?3@ a" be paid s%ch allowance as a" be deterined b" the $o%ncil with theapproval of the *inister.

A''&$ !%)!"

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?i@ has controlB or

?ii@ wo%ld have had control b%t for an" agreeent between the eplo"er orself-eplo"ed person and the independent contract or to the contrar".

D"3 " !2$& .&%"3 &'( h%&$"h )$#*3

1!. (cept in s%ch cases as a" be prescribed0 it shall be the d%t" of ever" eplo"er and ever"self-eplo"ed person to prepare and as often as a" be appropriate revise a written stateentof his general polic" with respect to the safet" and health at wor/ of his eplo"ees and theorgani&ation and arrangeents for the tie being in force for carr"ing o%t that polic"0 and tobring the stateent and an" revision of it to the notice of all of his eplo"ees.

G%'%!&$ ("3 %2)$3%!. &'( .%$-%2)$3%( )%!.'. " )%!.'."h%! "h&' "h%#! %2)$3%%.

1#. ?1@ It shall be the d%t" of ever" eplo"er and ever" self-eplo"ed person to cond%ct his%nderta/ing in s%ch a anner as to ens%re0 so far as is practicable0 that he and other persons0not being his eplo"ees0 who a" be affected thereb" are not thereb" eposed to ris/s to theirsafet" or health.

?2@ It shall be the d%t" of ever" eplo"er and ever" self-eplo"ed person0 in the prescribedcirc%stances and in the prescribed anner0 to give to persons0 not being his eplo"ees0 whoa" be affected b" the anner which he cond%cts his %nderta/ing0 the prescribed inforationon s%ch aspects of the anner in which he cond%cts his %nderta/ing as ight affect theirsafet" or health.

D"#%. &' **)#%! & )$&*% !5 " )%!.'. "h%! "h&' h#. %2)$3%%.

1'. ?1@ An occ%pier of non-doestic preises which has been ade available to persons0 notbeing his eplo"ees0 as a place of wor/0 or as a place where the" a" %se a plant ors%bstance provided for their %se there0 shall ta/e s%ch eas%res as are practicable to ens%rethat the preises0 all eans of access thereto and egress therefro available for %se b"persons %sing the preises0 and an" plant or s%bstance in the preises or provided for %sethere0 is or are safe and witho%t ris/s to health.

?2@ A person who has0 b" virt%e of a contract or lease or otherwise0 an obligation of an" etentin relation to G

?a@ the aintenance or repair of a place of wor/ or an" eans of access thereto oregress therefroB or

?b@ the prevention of ris/s to safet" and health that a" arise fro the %se of an" plantor s%bstance in the place of wor/0 shall for the p%rpose of s%bsection ?1@ be deeed tohave control of the atters to which his obligation etends.

P%'&$"3 ! &' %'*% '(%! .%*"#' 17, 18, 1 : 1;

1). A person who contravenes the provisions of section 150 1!0 1# or 1' shall be g%ilt" of an

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offence and shall on conviction0 be liable to a fine not eceeding fift" tho%sand ringggitor toiprisonent for a ter not eceeding two "earsor to both.

PART V

GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

G%'%!&$ ("#%. 2&'&*"!%!., %"*< &. !%&!(. )$&'" ! .% &" !5

2+. ?1@ It shall be the d%t" of a person who designs0 an%fact%res0 iports or s%pplies an" plant for%se at EO8H-

?a@ to ens%re0 so far as is practicable0 that the plant is do designed a constr%cted as tobe safe and witho%t ris/s to health when properl" %sedB

?b@ to carr" o%t or arrange for the carr"ing o%t of s%ch testing and eaination as a"be necessar" for the perforance of the d%t" iposed on hi b" paragraph ?a@B and

?c@ to ta/e s%ch steps as are necessar" to sec%re that there will be available inconnection with the %se of the plant at wor/ ade%ate inforation abo%t the %se for

which it is designed and has been tested0 and abo%t an" condition necessar" to ens%rethat0 when p%t to that %se0 it will be safe and witho%t ris/s to health.

?2@ It shall be the d%t" of a person who %nderta/es the design or an%fact%re of an" plant for%se at wor/ to carr" o%t or arrange for the carr"ing o%t of an" necessar" research with a view tothe discover" and0 so far as is practicable0 the eliination or iniisation of an" ris/ to safet"or health to which the design or plant a" give rise.

?3@ It shall be the d%t" of a person who erects or installs an" plant for %se b" persons at wor/ toens%re0 so far as is practicable0 that nothing abo%t the wa" in which it is erected or installeda/es it %nsafe or a ris/ to health when properl" %sed.

G%'%!&$ ("#% 2&'&*"!%!., %"*< &. !%&!(. ./."&'*%. ! .% &" !5

21. ?1@ It shall be the d%t" of a person who for%lates0 an%fact%res0 iports or s%pplies an"

s%bstance for %se at wor/

?a@ to ens%re0 so far as is practicable0 that the s%bstance is safe and witho%t ris/s tohealth when properl" %sedB

?b@ to carr" o%t or arrange for the carr"ing o%t of s%ch testing and eaination as a"be necessar" for the perforance of the d%t" iposed on hi b" paragraph ?a@B and

?c@ to ta/e s%ch steps as are necessar" to ens%re that there will be available inconnection with the %se of the s%bstance at wor/ ade%ate inforation abo%t theres%lts of an" relevant test which has been carried o%t on or in connection with the

s%bstance and abo%t an" condition necessar" to ens%re that it will be safe and witho%tris/s to health when properl" %sed.

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?2@ It shall be the d%t" of a person which %nderta/es the an%fact%re or s%ppl" of an"s%bstance for %se at wor/ to carr" o%t or arrange for the carr"ing o%t of an" necessar" research

with a view to the discover" and0 so far as is practicable0 the eliination or iniisation of an"

ris/ to safet" or health to which the s%bstance a" give rise.

E=)$&'&"#'. " .%*"#'. >? &'( >1

22. ?1@ othing in section 2+ and 21 shall be ta/en to re%ire a person to repeat an" testing0eaination or research which has been carried o%t otherwise than b" hi or at his instance0 inso far as it is reasonable for hi to rel" on the res%lts thereof for the p%rposes of the section.

?2@ An" d%t" iposed on a person b" an" of the preceding provisions of this Part shall etendonl" to things done in the co%rse of a trade0 b%siness or other %nderta/ing carried on b" hi0

whether for profit or not0 and to atters within his control.

?3@ Ehere a person designs0 for%lates0 an%fact%res0 iports or s%pplies an" plant ors%bstance for or to another on the basis of a written %nderta/ing b" that other to ta/e specifiedsteps s%fficient to ens%re0 so far as is practicable0 that the plant or s%bstance will be safe and

witho%t ris/s to health when properl" %sed0 the %nderta/ing shall have the effect of relieving thefirst-entioned person fro the d%t" iposed b" paragraphs 2+ ?1@?a@ and 21 ?1@?a@ to s%chetent as is reasonable having regard to the ters of the %nderta/ing.

?4@ Ehere a person ?hereinafter referred to as the ostensible s%pplier@ s%pplies an" plant ors%bstance for %se at wor/ to another ?hereinafter referred to as the c%stoer@ %nder ahire-p%rchase agreeent0 conditional sale agreeent or credit-sale agreeent0 and theostensible s%pplier

?a@ carries on the b%siness of financing the ac%isition of goods b" others b" eans ofs%ch agreeentsB and

?b@ in the co%rse of that b%siness ac%ired his interest in the plant or s%bstances%pplied to the c%stoer as a eans of financing its ac%isition b" the c%stoer fro athird person ?hereinafter referred to as the effective s%pplier@0

the effective s%pplier and not the ostensible s%pplier shall be treated for the p%rposes of this

Part as s%ppl"ing the plant or s%bstance to the c%stoer0 and an" d%t" iposed b" sections 2+and 21 on s%ppliers shall accordingl" fall on the effective s%pplier and not on the ostensibles%pplier.

?5@ or the p%rposes of this Part a plant or s%bstance is not to be regarded as properl" %sedwhere it is %sed witho%t regard to an" relevant inforation or advice relating to its %se whichhas been ade available b" a person b" who it was designed0 an%fact%red0 iported ors%pplied.

P%'&$"3 ! &' %'*% '(%! .%*"#' >? ! >1

23. A person who contravenes the provisions of section 2+ or 21 shall be g%ilt" of an offence and

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shall0 on conviction0 be liable to a fine not eceeding twent" tho%sand ringgit or to iprisonentfor a ter not eceeding two "ears or to both.

PART VI - GENERAL DUTIES OF EMPLOYEES

G%'%!&$ ("#%. %2)$3%%. &" !5

24. ?1@ It shall be the d%t" of ever" eplo"ee while at wor/-

?a@ to ta/e !%&.'&/$% *&!% for the safet" and health of hiself and of other personswho a" be affected b" his acts or oissions at wor/B

?b@ to *-)%!&"%with his eplo"er or an" other person in the discharge of an" d%t" orre%ireent iposed on the eplo"er or that other person b" this Act or an" reg%lation

ade there%nderB

?c@ to wear or %se at all ties an" protective e%ipent or clothing provided b" theeplo"er for the p%rpose of preventing ris/s to his safet" and healthB and

?d@ to copl" with an" instr%ction or eas%re on occ%pational safet" and healthinstit%ted b" his eplo"er or an" other person b" or %nder this Act or an" reg%lationade there%nder.

?2@ A person who contravenes the provisions of this section shall be g%ilt" of an offence andshall0 on conviction0 be liable to a fine not eceeding one tho%sand ringgit or to iprisonentfor a ter not eceeding three onths or to both.

D"3 '" " #'"%!%!% #"h ! 2#..% "h#'. )!+#(%( )!.&'" " *%!"' )!+#.#'.

25. A person who intentionall"0 rec/lessl" or negligentl" interferes with or is%ses an"thingprovided or done in the interests of safet"0 health and welfare in p%rs%ance of this Act shall beg%ilt" of an offence and shall0 on conviction0 be liable to a fine not eceeding twent" tho%sandringgit or to iprisonent for a ter not eceeding two "ears or to both.

D"3 '" " *h&!% %2)$3%%. ! "h#'. ('% ! )!+#(%(

2!. o eplo"er shall lev" or perit to be levied on an" eplo"ee of his an" charge in respect ofan"thing done or provided in p%rs%ance of this Act or an" reg%lation ade there%nder.

D#.*!#2#'&"#' &'." %2)$3%% %"*

?a@ an order that the offender pa"s within a specific period to the person against whothe offender has discriinated s%ch daages as it thin/s fit to copensate thatpersonB

?b@ an order that the eplo"ee be reinstated or reeplo"ed in his forer position or0where that position is not available0 in a siilar position.

PART VII - SAFETY AND HEALTH ORGANIZATIONS

M%(#*&$ .!+%#$$&'*%

2'. ?1@ Ehere it appears to the *inister that in an" of the ind%stries or class or description ofind%stries-

?a@ cases of illness have occ%rred which he has reason to believe a" be d%e to thenat%re of the process or other conditions of wor/B

?b@ b" reason of changes in an" process or in the s%bstances %sed in an" process or0b" reason of the introd%ction of an" new process or new s%bstance for %se in aprocess0 there a" be ris/ of inj%r" to the health of persons eplo"ed in the processB

?c@ persons below the age of siteen "ears are or are abo%t to be eplo"ed in wor/which a" ca%se ris/ of inj%r" to their healthB or

?d@ there a" be ris/ of inj%r" to the health of persons eplo"ed in an" of the

occ%pations specified in the


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to the ind%stries to be %sed or handled therein or fro an" change in the conditions inthe ind%stries0

he a" a/e reg%lations re%iring s%ch reasonable arrangeents as a" be specified in the

reg%lations to be ade for the edical s%rveillance and edical eaination0 not incl%dingedical treatent of a preventive character0 of the persons or an" class of persons eplo"edin the ind%stries or class or description of ind%stries.

?2@ 8eg%lations ade %nder this section a" re%ire the edical s%rveillance to be carried o%tb" persons registered with the irector ,eneral0 and a" prescribe the %alifications and otherconditions which are to be satisfied in order to be registered for the p%rpose of this section.

?3@ A person who contravenes the provisions of this section or an" reg%lation ade there%ndershall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not eceeding fivetho%sand ringgit or to iprisonent for a ter not eceeding si onths or to both.

S&%"3 &'( h%&$"h #*%!

2). ?1@


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?3@ (ver" eplo"er shall cons%lt the safet" and health coittee with a view to the a/ing andaintenance of arrangeents which will enable hi and his eplo"ees to co-operateeffectivel" in prooting and developing eas%res to ens%re the safet" and health at the place

of wor/ of the eplo"ees0 and in chec/ing the effectiveness of s%ch eas%res.

?4@ A person who contravenes the provisions of this section shall be g%ilt" of an offence andshall0 on conviction0 be liable to a fine not eceeding five tho%sand ringgit or to iprisonentfor a ter not eceeding si onths or to both.

F'*"#'. .&%"3 &'( h%&$"h *22#""%%

31.


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33. ?1@ If in the opinion of the irector ,eneral0 an in%ir" o%ght to be held into the nat%re andca%se of the accident0 dangero%s occ%rrence0 occ%pational poisoning or occ%pational disease0he a" ca%se s%ch an in%ir" to be held b" an occ%pational safet" and health officer.

?2@


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?2@


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reasonable ca%se to believe that a contravention of this Act or an" reg%lation ade there%nderhas or is li/el" to be coitted.

?2@ In eercising his powers %nder s%bsection ?1@0 an officer a"-

?a@ a/e eaination and investigation of an" plant0 s%bstance0 article or other thingwhatsoever as a" be necessar" to ascertain whether or not this Act or an" reg%lationade there%nder has been coplied withB

?b@ direct that the place of wor/ or an" part thereof0 or an"thing therein0 shall be left%ndist%rbed0 whether generall" or in partic%lar respects0 for so long as is reasonabl"necessar" for the p%rpose of an" eaination or investigation %nder paragraph ?a@B

?c@ ta/e s%ch eas%reents and photographs and a/e s%ch recordings as heconsiders necessar" for the p%rpose of an" eaination or investigation %nder

paragraph ?a@B

?d@ ta/e saples of an" article or s%bstance fo%nd in the place of wor/ which he haspower to enter0 and of the atosphere in or in the vicinit" of the place of wor/B

?e@ re%ire an" person eplo"ed in a place of wor/ in which an" of the diseasesnaed in the

?b@ ta/e possession of it and detain it for so long as is necessar" for all or an" of thefollowing p%rposesB

?i@ to eaine it and do to it an"thing which he has power to doB

?ii@ to ens%re that it is not tapered with before his eaination of it iscopletedB

?iii@ to ens%re that it is available for %se as evidence in an" proceedings for anoffence %nder an" of the provisions of this Act or reg%lation ade there%nder.

?4@ Ehere an officer is a edical officer he a"-

?a@ carr" o%t s%ch edical eaination as a" be necessar" for the p%rposes of his

d%ties %nder this Act or reg%lation ade there%nderB and

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?b@ eercise s%ch other powers as a" be necessar" or are conferred %nders%bsections ?2@ and ?3@.

?5@ An officer a" for the p%rposes of this section see/ whenever necessar" the assistance of

the police if he has reasonable ca%se to apprehend an" serio%s obstr%ction in the eec%tion ofhis d%t".

?!@ Eitho%t prej%dice to s%bsection ?5@0 on entering an" place of wor/ or residential place b"virt%e of s%bsection ?1@0 an officer a" bring with hi-

?a@ an" other person d%l" a%thori&ed b" the irector ,eneralB or

?b@ an" e%ipent or aterial re%ired for an" p%rpose for which the power of entr" isbeing eercised.

E'"!3 #'" )!%2#.%. #"h "h% .%&!*h &!!&'" &'( )%! .%#!%

4+. In ever" case where inforation is given on oath to a *agistrate that there is reasonable ca%sefor s%specting that there is in a place of wor/ or residential place an" article0 thing0 boo/0doc%ent0 plant0 s%bstance0 installation or part thereof which has been %sed to coit or isintended to be %sed to coit an offence %nder this Act or an" reg%lation ade there%nder0 heshall iss%e a warrant %nder his hand b" virt%e of which an officer naed or referred to in the

warrant a" enter the place of wor/ or residential place at an" reasonable tie b" da" or night0and search for and sei&e or seal the article0 thing0 boo/0 doc%ent0 plant0 s%bstance0installation or part thereof.

E'"!3 #'" )!%2#.%. #"h" .%&!*h &!!&'" &'( )%! .%#!%

41. Ehere an officer is satisfied %pon inforation received that he has reasonable gro%nds forbelieving that0 b" reason of dela" in obtaining a search warrant0 an" article0 thing0 boo/0doc%ent0 plants0 s%bstance0 installation or part thereof in a place of wor/ or residential place%sed to coit or intended to be %sed to coit an offence %nder this Act or an" reg%lationade there%nder is li/el" to be reoved or destro"ed0 he a" enter the place of wor/ orresidential place witho%t a warrant and sei&e or seal the article0 thing0 boo/0 doc%ent0 plant0s%bstance0 installation or part thereof fo%nd therein>

Provided that it shall be an offence for a person witho%t lawf%l a%thorit" to brea/0 taper with ordaage the seal or reove the article0 thing0 boo/0 doc%ent0 plant0 s%bstance0 installation orpart thereof or to attept so to do.

P%! !*%$ %'"!3 &'( .%!+#*% ' **)#%! .#'%( *)3 $#." "h#'. .%#%( !2 )!%2#.%.

42. ?1@ An officer a"0 in the eercise of his powers %nder section 4+ or 410 if it is necessar" so todo-

?a@ brea/ open an" o%ter or inner door of a place of wor/ or residential place and enter

thereintoB

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?b@ forcibl" enter the place and ever" part thereofB

?c@ reove b" force an" obstr%ction to entr"0 search0 sei&%re and reoval as he isepowered to effectB and

?d@ detain ever" person fo%nd in the place %ntil the place has been searched.

?2@


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officer a"0 b" warrant0 arrest an" person who a" have coitted an offence %nder this Actor an" reg%lation ade there%nder.

P%! " %=&2#'% #"'%..

45. ?1@ An officer a/ing an investigation %nder section 3) or 44 a" eaine orall" an" personwho appears to hi to be ac%ainted with the facts and circ%stances of the case

?2@

Provided that the person a" ref%se to answer an" %estion if the officer fails or ref%ses ondeand to prod%ce to hi the certificate of a%thori&ation iss%ed b" the irector ,eneral to theofficer %nder s%bsection #?1@>

Provided f%rther that the person a" ref%se to answer an" %estion to which wo%ld have atendenc" to epose hi to a criinal charge or penalt" or forfeit%re.

?3@ A person a/ing a stateent %nder this section shall be legall" bo%nd to state the tr%thwhether or not the stateent is ade wholl" or partl" in answer to %estions .

?4@ An officer obtaining inforation fro a person shall first infor the person of the provisionsof s%bsections ?2@ and ?3@.

?5@ A stateent ade b" a person %nder this section shall0 whenever possible0 be red%ced intowriting and signed b" hi or affied with his th%b print0 as the case a" be0 after it has beenread to hi in the lang%age in which he ade it and after he has been given an opport%nit" toa/e an" correction he a" wish.

?!@ Ehere an officer %ses the assistance of an interpreter0 an" in%ir" or re%isition to a personade on behalf of the officer b" the interpreter shall0 for all p%rposes0 he deeed to have beenact%all" ade b" the officer0 and an" answer thereto ade to the interpreter shall be deeedto have been act%all" ade to the officer.

E2)$3%!, %"*


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?c@ fails to prod%ce an" doc%ent re%ired %nder this Act b" the officerB

?d@ conceals the location or eistence of an" other person or an" plant or s%bstancefro the officerB

?e@ prevents or attepts to prevent an" other person fro assisting the officerB or

?f@ in an" other wa"0 hinders0 ipedes or opposes the officer in the eercise of hispowers %nder this Act or an" reg%lation ade there%nder0

shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not eceeding tentho%sand ringgit or to iprisonent for a ter not eceeding one "ear or to both.

I2)!+%2%'" '"#*% &'( )!h#/#"#' '"#*%

4'. ?1@ If an officer is of the opinion that a place of wor/0 plant0 s%bstance or process is li/el" to bea danger0 or is li/el" to ca%se bodil" inj%r" or is a serio%s ris/ to the health of an" person0 or isli/el" to ca%se daage to an" propert"0 he shall serve an iproveent notice on the person%nder whose control the place of wor/0 plant0 s%bstance or process lies0 re%iring the person tota/e eas%res to reove the danger or rectif" an" defect within s%ch period as he shall thereinspecif"0 and in ever" s%ch case the place of wor/0 plant0 s%bstance or process shall not be%sed or operated even after the period of epir" of the notice %ntil the danger has beenreoved or the defect ade good to the satisfaction of the officer.

?2@ If an officer is of the opinion that the defect in s%bsection ?1@ is li/el" to ca%se iediatedanger to life or propert"0 he shall serve a prohibition notice prohibiting the %se or operation ofthe place of wor/0 plant0 s%bstance or process %ntil s%ch tie that an" danger posed isreoved and the defect ade good to the satisfaction of the officer.

?3@ An iproveent notice or a prohibition notice %nder s%bsection ?1@ or ?2@ shall

?a@ state that the officer is of the opinion that in respect of the plant0 s%bstance orprocess at the place of wor/0 there is occ%rring or a" occ%r an activit" which is or isli/el" to be a danger or is li/el" to ca%se bodil" inj%r" or a serio%s ris/ to the health ofan" person or is li/el" to ca%se daage or is li/el" to ca%se iediate danger to life orpropert"0 and state the reasons for the opinionB and

?b@ where in the officerFs opinion the activit" concerned is a contravention or is li/el" tobe a contravention of an" provision of this Act or an" reg%lation ade there%nder0specif" the provision and state the reasons for the opinion.

?4@ An officer a" incl%de in an iproveent notice or a prohibition notice directions as to theeas%res to be ta/en to reove an" danger0 li/el". danger0 ris/0 atter or activit" to which thenotice relates and the directions a" refer to an" approved ind%str" code of practice.

?5@ Eitho%t prej%dice to the provision of s%bsection ?2@ an officer a"0 if he considers itnecessar"0 proceed to render inoperative the place of wor/0 plant0 s%bstance or process b" an"

eans he a" dee best s%ited for the p%rpose.

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?!@ Ehere s%ch an action is ta/en b" the officer %nder s%bsection ?5@ he a"0 if he dees fit0recover the cost of the action fro the occ%pier or person having responsibilit" or control of theplace of wor/0 plant0 s%bstance or process.

P%'&$"3 ! $!% " *2)$3 #"h '"#*%

4). ?1@ A person to who an iproveent or a prohibition notice is iss%ed %nder section 4' %stcopl" with the sae notwithstanding that an appeal against its iss%ance has been lodged.

?2@ A person who witho%t reasonable ec%se fails to copl" with an" iproveent orprohibition notice iss%ed %nder section 4' shall be g%ilt" of an offence and shall0 on conviction0be liable to a fine not eceeding fift" tho%sand ringgit or to iprisonent for a ter noteceeding five "ears or to both0 and to a f%rther fine of five h%ndred ringgit for each da" d%ring

which the offence contin%es.

A!#%+%( )%!.' 2&3 &))%&$

5+. ?1@ A person who is aggrieved b" a notice iss%ed b" an officer %nder section 4' a"0 withinthirt" da"s fro the date of s%ch notice0 appeal to the irector ,eneral who a"0 afterconsidering the appeal0 b" order in writing confir0 revo/e or var" the notice.

?2@ A person who is aggrieved with a decision of the irector ,eneral ade %nder s%bsection?1@ a"0 within thirt" da"s fro the date of the decision0 appeal to an appeal coitteeappointed b" the *inister %nder section !3.

?3@ Ehere an iproveent or a prohibition notice is iss%ed b" the director ,eneral or theep%t" irector ,eneral in the eercise of the powers conferred %nder section 4'0 the appealshall be ade to an appeal coittee appointed b" the *inister %nder section !3.

PART XII - LIABILITY FOR OFFENSES

G%'%!&$ )%'&$"3

51. A person who b" an" act or oission contravenes an" provision of this Act or an" reg%lationade there%nder shall be g%ilt" of an offence0 and if no penalt" is epressl" provided shall0 on

conviction0 be liable to a fine not eceeding ten tho%sand ringgit or to iprisonent for a ternot eceeding one "ear or to both and0 in the case of a contin%ing offence0 to a fine noteceeding one tho%sand ringgit for ever" da" or part of a da" d%ring which the offencecontin%es after conviction.

O%'*%. *22#""%( /3 /(3 *!)!&"%

52. ?1@ Ehere a bod" corporate contravenes an" provision of this Act or an" reg%lation adethere%nder0 ever" person who at the tie of the coission of the offence is a director0anager0 secretar" or other li/e officer of the bod" corporate shall be deeed to havecontravened the provision and a" be charged jointl" in the sae proceedings with the bod"

corporate or severall"0 and ever" s%ch director0 anager0 secretar" or other li/e officer of thebod" corporate shall be deeed to be g%ilt" of the offence.

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?2@ A person a" be proceeded against and convicted %nder the provision of s%bsection ?1@whether or not the corporation has been proceeded against or has been convicted %nder thatprovision.

O%'*%. *22#""%( /3 "!&(% '#'

53. ?1@ Ehere a trade %nion b" an" act or oission contravenes an" provision of this Act or an"reg%lation ade there%nder ever" officer0 eplo"ee and person p%rporting to act on theinstr%ction of an" officer of the trade %nion shall be deeed to have contravened the provisionand a" be charged jointl" in the sae proceedings with the trade %nion or severall"0 andever" s%ch officer0 eplo"ee or person shall be deeed to be g%ilt" of the offence.

?2@ A person a" be proceeded against and convicted %nder the provision of s%bsection ?1@whether or not the trade %nion has been proceeded against or has been convicted %nder that

provision.

O%'*%. *22#""%( /3 &%'"

54. A person who wo%ld be liable %nder this Act or an" reg%lation ade there%nder to an" penalt"for an"thing done or oitted if the thing had been done or oitted b" hi personall" shall be liable to the sae penalt" if the thing had been done or oitted b" his agent.

D%%'*%

55. It shall be a defence if an" proceedings against a person for an offence %nder this Act or an"reg%lation ade there%nder to satisf" the co%rt that the offence was coitted witho%t hisconsent or connivance and that he eercised all s%ch d%e diligence to prevent the coissionof the offence as he o%ght to have eercised having regard to the nat%re of his f%nctions in thatcapacit" and to all the circ%stances.

B(3 *!)!&"% ! "!&(% '#' $#&/$% " #'%

5!. Ehere a person convicted in respect of an offence %nder this Act or an" reg%lation adethere%nder is a bod" corporate or a trade %nion0 it shall onl" be liable to the iposition of a fineprovided therefor.

A#(#' &'( &/%""#'

5#. A person who aids or abets the coission of an offence %nder this Act shall be p%nished withthe p%nishent provided for the offence.

S&%&!(. &'." !"h%! )%!.'&$ $#&/#$#"3

5'. S%bject to the provisions of this Act and an" reg%lation ade there%nder0 no person shall inc%ran" personal liabilit" for an" loss or daage ca%sed b" an" act or oission b" hi in carr"ingo%t the d%ties %nder this Act or an" reg%lation ade there%nder0 %nless the loss or daage

was occasioned intentionall" or thro%gh rec/lessness or gross negligence.

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C#+#$ $#&/#$#"3 '" &%*"%( /3 P&!". IV, V &'( VI

5). othing in Parts I70 7 and 7I and the relevant ind%str" code of practice shall be constr%ed as-

?a@ conferring a right of action in an civil proceeding in respect of an" contravention0whether b" act or oission0 of an" provision of those PartsB

?b@ conferring a defence to an action in an" civil proceedings or as otherwise affectinga right of action in an" civil proceedingsB or

?c@ affecting the etent0 if an"0 to which a right of action arises or civil proceedings a"be ta/en with respect to breaches of d%ties iposed b" other legislation in regard tosafet" and health.

O'. )!+#' $#2#". h&" #. )!&*"#*&/$%

!+. In an" proceedings for an offence %nder this Act or an" reg%lation ade there%nder consistingof a fail%re to copl" with a d%t" or re%ireent to do soething so far as is practicable0 or to%se the best practicable eans to do soething0 it shall be for the acc%sed to prove that it wasnot practicable to do ore than was in fact done to satisf" the d%t" or re%ireent0 or that there

was no better practicable eans than was in fact %sed to satisf" the d%t" or re%ireent.

P!.%*"#'.

!1. Prosec%tions in respect of offenses coitted %nder this Act or an" reg%lation adethere%nder a"0 with the prior written consent of the P%blic Prosec%tor0 be instit%ted andcond%cted b" an occ%pational safet" and health officer or b" an officer speciall" a%thori&ed in

writing b" the irector ,eneral s%bject to the provision of the $riinal Proced%re $ode.

C2)'(#' %'*%.

!2. ?1@


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!3. ?1@


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?c@ prescribe the re%ireents with respect to the eaination0 testing0 anal"sis0labelling or ar/ing or an" s%bstanceB

?d@ prescribe the tie and the anner in which eplo"ers or other specified persons

are re%ired to eaine0 tet0 anal"se0 label or ar/ an" s%bstanceB

?e@ prescribe the re%ireents to abstain fro eating0 drin/ing or so/ing in an"circ%stances involving ris/ of absorption of an" s%bstance or ris/ of inj%r" orpoisoning arising o%t of the %se of an" s%bstanceB

?f@ prescribe the re%ireents with respect to the instr%ction0 training and s%pervisionof persons at wor/B

?g@ prescribe the proced%re for eplo"ers to notif" an" accident0 dangero%socc%rrence0 occ%pational poisoning or occ%pational diseaseB

?h@ prescribe the arrangeents to be ade with respect to the ta/ing of an" action orpreca%tion to avoid0 or in event of0 an" accident or dangero%s occ%rrenceB

?i@ prohibit or re%ire the ta/ing of an" action in the event of an" accident or dangero%socc%rrenceB

?j@ prescribe the re%ireents with respect to the provision and %se in specifiedcirc%stances of protective clothing or e%ipent and resc%e e%ipentB

?/@ prescribe the standards in relation to the %se of0 incl%ding standards of epos%re to0an" ph"sical0 biological0 cheical or ps"chological

?l@ reg%late and re%ire the onitoring b" eplo"ers or occ%piers of conditions at aplace of wor/ incl%ding the health of their eplo"eesB

?@ sec%re the provision of ade%ate welfare facilities b" eplo"ers for persons atwor/B

?n@ re%ire the eplo"ers to /eep and preserve records and other doc%entsB

?o@ prescribe the coposition0 powers0 f%nctions and proced%res of safet" and healthcoittees and reg%late the election or appointent of ebers of the coitteesand other related attersB

?p@ prescribe the anner of holding in%iries %nder section 33 and of hearing appeals%nder section 3! or 5+B

?@ prescribe the fees pa"able or chargeable for doing an" act or providing an" servicefor the p%rposes of this Act or an" reg%lation ade there%nderB

?r@ prescribe the offenses which a" be copo%nded and the ethod and proced%re

to be coplied with>

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?s@ prescribe the re%ireents for engaging a edical officer and the proced%res forthe registration of the edical officerB

?t@ prescribe the re%ireents for eplo"ing a safet" and health officer0 the training

re%ired of a safet" and health officer and the proced%res for registrationB

?%@ prescribe an" other atter which a" appear to the *inister to be epedient ornecessar" for the better carr"ing o%t of the Act.

PART XV MISCELLANEOUS

D"3 " 5%%) .%*!%"

!#. ?1@ Save for an in%ir" %nder this Act or in an" co%rt proceedings relating to the coission of

an offence %nder this Act or an" reg%lation ade there%nder0 no person shall disclose an"atter incl%ding an" an%fact%ring or coercial secret which has coe to his /nowledge or

which he has ac%ired while perforing his d%ties %nder this Act.

?2@ A person who contravenes the provision of this section shall be g%ilt" of an offence andshall0 on conviction0 be liable to a fine not eceeding twent" tho%sand ringgit or to iprisonentfor a ter not eceeding two "ears or to both.

SCHEDULES

FIRST SCHEDULE

?S%bsection 1?2@@

1. *an%fact%ring

2. *ining and J%arr"ing

3. $onstr%ction

4. Agric%lt%re0 orestr" and ishing

5. tilitiesB

?a@ (lectricit"B

?b@ ,as>

?c@ EaterB and

?d@ Sanitar" Services

!.


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#. Eholesale and 8etail


33/34


?b@ if he becoes dis%alified %nder s%bparagraph ?1@B or

?c@ if his appointent is revo/ed b" the *inister.

4. ?1@


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3. An" occ%pation involving epos%re to -ra"s0 ioni&ing particles0 radi% or other radioactives%bstances or other fors of radiant energ".

4. An" occ%pation or process carried on in copressed air.

osha 1994 act 514 (full text)

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