Part I – Preliminary
Part II - Appointment Of Officers
Part III - National Council For Occupational Safety And Health
Part IV - General Duties of Employers and Self-Employed Persons
Part V - General Duties of Designers, Manufacturers and Suppliers
Part VI - General Duties of Employees
Part VII - Safety and Health Organizations
Part VIII - Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry
Part IX - Prohibition Against use of Plant or Substance
Part X - Industry Codes of Practice
Part XI - Enforcement and Investigation
Part XII - Liability for Offenses
Part XIII – Appeals
Part XIV – Regulations
Part XV – Miscellaneous
Objective Of The OSH Act
OSH Policy
The OSH Committee

Part I – Preliminary

1. Short title and application.
2. Prevailing laws.
3. Interpretation.
4. Objects of the Act.

Part II - Appointment Of Officers

5. Appointment of Officers.
6. Appointment of independent inspecting body.
7. Certificate of authorization

Part III - National Council For Occupational Safety And Health

8. Establishment of the Council.
9. Membership of the Council.
10. Second Schedule to apply.
11. Powers and functions of the Council.
12. Appointment of secretary to the Council.
13. Committees.
14. Annual report.

Part IV - General Duties of Employers and Self-Employed Persons

15. General duties of employers and self-employed persons to their employees.
16. Duty to formulate safety and health policy.
17. General duties of employers and self-employed persons to persons other than their employees.
18. Duties of an occupier of a place of work to persons other than his employees.
19. Penalty for an offence under section 15. 16. 17 or 18

Part V - General Duties of Designers, Manufacturers and Suppliers

20. General duties of manufacturers, etc. as regards plant for use at work.
21. General duties of manufacturers, etc. as regards substances for use at work.
22. Explanations to sections 20 and 21.
23. Penalty for an offence under section 20 or 21.

Part VI - General Duties of Employees

24. General duties of employees at work.
25. Duty not to interfere with or misuse things provided pursuant to certain provisions.
26. Duty not to charge employees for things done or provided .
27. Discrimination against employee, etc.

Part VII - Safety and Health Organizations

28. Medical surveillance.
29. Safety and health officer
30. Establishment of safety and health committee at place of work.
31. Functions of safety and health committee.

Part VIII - Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry

32. Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry.
33. Director General may direct inquiry to be held.
34. Power of occupational safety and health officer at inquiry.

Part IX - Prohibition Against use of Plant or Substance

35. Power to prohibit the use of plant or substance
36. Aggrieved person may appeal

Part X - Industry Codes of Practice

37. Approval of industry codes of practice.
38. Use of industry codes of practice in proceedings.

Part XI - Enforcement and Investigation

39. Powers of entry, inspection, examination, seizure, etc.
40. Entry into premises with search warrant and power of seizure.
41. Entry into premises without search warrant and power of seizure.
42. Power of forceful entry and service on occupier of signed copy of list of things seized from premises.
43. Further provisions in relation to inspection.
44. Power of investigation.
45. Power to examine witnesses.
46. Employer, etc., to assist officer.
47. Offenses in relation to inspection.
48. Improvement notice and prohibition notice.
49. Penalty for failure to comply with notice.
50. Aggrieved person may appeal.

Part XII - Liability for Offenses

51. General penalty.
52. Offenses committed by body corporate.
53. Offenses committed by trade union.
54. Offenses committed by agent.
55. Defence.
56. Body corporate or trade union liable to fine.
57. Aiding and abetting.
58. Safeguards against further personal liability.
59. Civil liability not affected by Parts IV, V and VI.
60. Onus of proving limits of what is practicable.
61. Prosecutions.
62. Compounding of offenses.

Part XIII – Appeals

63. Appeal committees.
64. Powers of appeal committee.
65. Decision of appeal committee.

Part XIV – Regulations

66. Regulations.

Part XV – Miscellaneous

67. Duty to keep secret.

Schedules

Introduction

The Occupational Safety and Health, OSH Act 1994 (Act 514) was gazetted on February 24, 1994. The legislation requires all employers with more than five employees to formulate a written Safety and Health Policy of their workplaces. The Act sets out the responsibilities of the employers and employees in maintaining a safe and healthy working environment. The Act also provides for the Malaysian Minister to issue regulations to implement the Act more precisely. Regulations that have been issued are namely:

· Employers Safety and Health General Policy Statements (exception) Reg.1995
· OSH (Safety and Health Committee) Regulations 1996
· Control of Major Accident Hazards Regulations 1997
· OSH (Classification, Packaging and Labelling of Hazardous Chemicals) reg.1997
· Prohibition of use of Substance Order 1999
.OSH (Use and Standards of Exposure of Chemicals Hazardous to Healths)Regulations 2000

Objective Of The OSH Act
The Occupational Safety and Health Act 1994 is an Act to make further provisions for securing that safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National Council for Occupational Safety and Health, and for matters connected with it.

OSH Policy
According to Section 16 of OSH Act, except in such cases as may be prescribed, it shall be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organizations and arrangements for the time being in force for carrying out that policy and to bring the statement and any revision of it to the notice of all of his employees. The OSH policy demonstrates the company's concern, commitment and attempts to ensure safety and health of the employees. It acts as a basis for developing and implementing programmes for securing safety and health at the workplace.

The OSH Committee
According to the section 30 of the OSH Act, every employer who has more than 40 workers or as directed by the Director General, must establish a safety and health committee at their workplace.

The objective of the committee is to foster cooperation and consultation between management and workers in identifying, evaluating and controlling hazards at workplaces. It is also an effective channel of communication to exchange ideas to solve problems relating to occupational safety and health. Feedback from workers will greatly assist employers to promote and provide a safe and healthy work environment.

The membership of the committee consist of a chairman, a secretary, representatives of employers and representatives of employees. The functions of the committee are as followed:
· Keep under review the measures taken to ensure the safety and health of persons at the workplace.
· Investigate any matters at the workplace that is considered is not safe or is a risk to health and which has been brought to the attention of the employer.
· Investigate any matters which has been brought to the attention of the employer.
· Attempt to resolve any matter that is not safe or risky and if it is unable to do so, request the Director General of the Department of Occupational Safety and Health to carry out an inspection.
· Other functions as maybe prescribed.

The above information on OSH Act 1994, is just a part of the contents. The contents of the Act are as followed:
· OSH (Employers' Safety and Health General Policy Statements) (exception) Regulations 1995
· OSH (Control of Industrial Major Accident Hazards) Regulations 1996.
· OSH (Safety and Health Committee) Regulations 1996
· OSH (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997.
· OSH (Safety and Health Officer) Regulations 1997.
· OSH (Prohibition of Use of Substance) Order 1999.
· OSH (Use and standards of Exposure of Chemicals Hazardous to Healths) Regulations 2000.

For further information on the Occupational Safety and Health Act 1994 (Act 914), you can purchase the book from International Law Book Services, Lot 4.1, 4th floor, WISMA SHEN, 149, Jalan Masjid India, 50100 KUALA LUMPUR, MALAYSIA. Tel: 603- 26939862.or contact DOSH (department of safety and health) at www.dosh.gov.my .