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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

ARRANGEMENT OF SECTIONS PART 1 - PRELIMINARY 1. 2. 3. 4. Short title and application. Prevailing laws. Interpretation. Objects of the Act.

PART II - APPOINTMENT OF OFFICERS 5. !. #. Appoint ent of Officers. Appoint ent of independent inspecting bod" $ertificate of a%thori&ation

PART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH '. ). 1+. 11. 12. 13. 14. (stablish ent of the $o%ncil. *e bership of the $o%ncil. Second Sched%le to appl". Powers and f%nctions of the $o%ncil. Appoint ent of secretar" to the $o%ncil. $o ittees. Ann%al report.

PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS 15. 1!. ,eneral d%ties of e plo"ers and self-e plo"ed persons to their e plo"ees. .%t" to for %late safet" and health polic".

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

1#. 1'. 1).

,eneral d%ties of e plo"ers and self-e plo"ed persons to persons other than their e plo"ees. .%ties of an occ%pier of a place of wor/ to persons other than his e plo"ees. Penalt" for an offence %nder section 15. 1!. 1# or 1'

PART V - GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS 2+. 21. 22. 23. ,eneral d%ties of an%fact%rers0 etc. as regards plant for %se at wor/. ,eneral d%ties of an%fact%rers0 etc. as regards s%bstances for %se at wor/. (1planations to sections 2+ and 21. Penalt" for an offence %nder section 2+ or 21.

PART VI - GENERAL DUTIES OF EMPLOYEES 24. 25. 2!. 2#. ,eneral d%ties of e plo"ees at wor/. .%t" not to interfere with or is%se things provided p%rs%ant to certain provisions. .%t" not to charge e plo"ees for things done or provided . .iscri ination against e plo"ee0 etc.

PART VII - SAFETY AND HEALTH ORGANIZATIONS 2'. 2). 3+. 31. *edical s%rveillance. Safet" and health officer (stablish ent of safet" and health co ittee at place of wor/. 2%nctions of safet" and health co ittee.

PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY 32. 33. 34. 3otification of accidents0 dangero%s occ%rrence0 occ%pational poisoning and occ%pational diseases0 and in4%ir". .irector ,eneral a" direct in4%ir" to be held. Power of occ%pational safet" and health officer at in4%ir".

PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE 35. 3!. Power to prohibit the %se of plant or s%bstance Aggrieved person a" appeal

PART X - INDUSTRY CODES OF PRACTICE 3#. 3'. Approval of ind%str" codes of practice. 5se of ind%str" codes of practice in proceedings.

PART XI - ENFORCEMENT AND INVESTIGATION 3). 4+. Powers of entr"0 inspection0 e1a ination0 sei&%re0 etc. (ntr" into pre ises with search warrant and power of sei&%re.

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

41. 42. 43. 44. 45. 4!. 4#. 4'. 4). 5+.

(ntr" into pre ises witho%t search warrant and power of sei&%re. Power of forcef%l entr" and service on occ%pier of signed cop" of list of things sei&ed fro pre ises. 2%rther provisions in relation to inspection. Power of investigation. Power to e1a ine witnesses. ( plo"er0 etc.0 to assist officer. Offenses in relation to inspection. I prove ent notice and prohibition notice. Penalt" for fail%re to co pl" with notice. Aggrieved person a" appeal.

PART XII - LIABILITY FOR OFFENSES 51. 52. 53. 54. 55. 5!. 5#. 5'. 5). !+. !1. !2. ,eneral penalt". Offenses co itted b" bod" corporate. Offenses co itted b" trade %nion. Offenses co itted b" agent. .efence. 6od" corporate or trade %nion liable to fine. Aiding and abetting. Safeg%ards against f%rther personal liabilit". $ivil liabilit" not affected b" Parts I70 7 and 7I. On%s of proving li its of what is practicable. Prosec%tions. $o po%nding of offenses.

PART XIII - APPEALS !3. !4. !5. Appeal co ittees. Powers of appeal co ittee. .ecision of appeal co ittee.

PART XIV - REGULATIONS !!. 8eg%lations.

PART XV - MISCELLANEOUS !#. .%t" to /eep secret.

SCHEDULES

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

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/0 for protecting others against ris/s to safet" or health in connection with the activities of persons at wor/0 to establish the 3ational $o%ncil for Occ%pational Safet" and 9ealth and for atters connected therewith. :24th 2ebr%ar" 1))4; 6( I< (3A$<(. b" the .%li =ang *aha *%lia Seri Pad%/a 6aginda =ang di-Pert%an Agong with the advice and consent of the .ewan 3egara and .ewan 8a/"at in Parlia ent asse bled0 and b" the a%thorit" of the sa e0 as follows> PART I PRELIMINARY Sh !" "#"$% &'( &))$#*&"# ' 1. ?1@ <his Act a" be cited as the Occ%pational Safet" and 9ealth Act 1))4. ?2@ S%bject to s%bsection ?3@0 this Act shall appl" thro%gho%t *ala"sia to the ind%stries specified in the 2irst Sched%le. ?3@ 3othing in this Act shall appl" to wor/ on board ships governed b" the *erchant Shipping Ordinance 1)520 the *erchant Shipping Ordinance 1)!+ of Sabah or Sarawa/ or the ar ed forces. P!%+&#$#', $&-. 2. ?1@ <he provisions of this Act shall be in addition to0 and not in derogation of0 the provisions of

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

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 of an" 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 the e1tent of the conflict or inconsistenc"0 be constr%ed as s%perseded. I'"%!)!%"&"# ' 3. ?1@ In this Act0 %nless the conte1t otherwise re4%iresAcontract of serviceA eans an" agree ent0 whether oral or in writing and whether e1press or i plied0 whereb" one person agrees to e plo" another as an e plo"ee and that other agrees to serve his e plo"er as an e plo"ee and incl%des an apprenticeship contractB A$o%ncilA eans the 3ational $o%ncil for Occ%pational Safet" and 9ealth established %nder section 'B Ae plo"eeA eans a person who is e plo"ed for wages %nder a contract of service on or in connection with the wor/ of an ind%str" to which this Act applies and ?a@ who is directl" e plo"ed b" the principal e plo"er on an" wor/ of0 or incidental or preli inar" to or connected with the wor/ of0 the ind%str"0 whether s%ch wor/ is done b" the e plo"ee at the place of wor/ or elsewhereB ?b@ who is e plo"ed b" or thro%gh an i ediate e plo"er at the place of wor/ of the ind%str" or %nder the s%pervision of the principal e plo"er or his agent on wor/ which is ordinaril" part of the wor/ of the ind%str" or which is preli inar" to the wor/ carried on in or incidental to the p%rpose of the ind%str"B or ?c@ whose services are te poraril" lent or let on hire to the principal e plo"er b" the person with who the person whose services are so lent or let on hire has entered into a contract of serviceB Ae plo"erA eans the i Agovern entA govern entB ediate e plo"er or the principal e plo"er or bothB

eans the 2ederal ,overn ent0 the ,overn ent of a State or a local

Ai ediate e plo"erA0 in relation to e plo"ees e plo"ed b" or thro%gh hi 0 eans a person who has %nderta/en the e1ec%tion at the place of wor/ where the principal e plo"er is carr"ing on his trade0 b%siness0 profession0 vocation0 occ%pation or calling0 or %nder the s%pervision of the principal e plo"er or his agent0 of the whole or an" part of an" wor/ which is ordinaril" part of the wor/ of the trade0 b%siness0 profession0 vocation0 occ%pation or calling of the principal e plo"er or is preli inar" to the wor/ carried on in0 or incidental to the p%rpose of0 an" s%ch trade0 b%siness0 profession0 vocation0 occ%pation or calling0 and incl%des a person b" who the services of an e plo"ee who has entered into a contract of service with hi are te poraril" lent or let on hire to the principal e plo"erB

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Aind%str"A eans the p%blic services0 stat%tor" a%thorities or an" of the econo ic activities listed in the 2irst Sched%leB Aocc%pierA0 in relation to a place of wor/0 eans a person who has the anage ent or control of the place of wor/> AofficerA eans the occ%pational safet" and health officer appointed %nder s%bsection 5?2@ and incl%des the .irector ,eneral0 .ep%t" .irectors ,eneral0 .irectors0 .ep%t" .irectors and Assistant .irectors of Occ%pational Safet" and 9ealthB Aplace of wor/A eans pre ises where persons wor/ or pre ises %sed for the storage of plant or s%bstanceB AplantA incl%des an" achiner"0 e4%ip ent0 appliance0 i ple ent or tool0 an" co ponent thereof and an"thing fitted0 connected or app%rtenant theretoB ApracticableA eans practicable having regard to?a@ the severit" of the ha&ard or ris/ in 4%estionB ?b@ the state of /nowledge abo%t the ha&ard or ris/ and an" wa" of re oving or itigating the ha&ard or ris/B ?c@ the availabilit" and s%itabilit" of wa"s to re ove or itigate the ha&ard or ris/B and ?d@ the cost of re oving or itigating the ha&ard or ris/B Apre isesA 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 the bed of or floating on an" waterB and ?d@ an" tent or ovable str%ct%reB AprescribedA eans prescribed b" this Act or the reg%lationsB Aprincipal e plo"erA eans the owner of an ind%str" or the person with who an e plo"ee has entered into a contract of service and incl%des ?a@ a anager0 agent or person responsible for the pa" ent of salar" or wages to an e plo"eeB ?b@ the occ%pier of a place of wor/B ?c@ the legal representative of a deceased owner or occ%pierB and

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?d@ an" govern ent in *ala"sia0 depart ent of an" s%ch govern ent0 local a%thorit" or stat%tor" bod"B Asecretar"A eans the secretar" appointed %nder s%bsection 12?1@B Aself-e plo"ed personA eans an individ%al who wor/s for gain or reward otherwise than %nder a contract of e plo" ent0 whether or not he hi self e plo"s othersB As%bstanceA eans an" nat%ral or artificial s%bstance0 whether in solid or li4%id for or in the for of a gas or vapo%r or an" co bination thereofB As%bstance for %se at wor/A eans an" s%bstance intended or s%pplied for %se0 whether e1cl%sivel" or not0 b" persons at wor/B As%ppl"A0 in relation to an" plant or s%bstance0 eans the s%ppl" b" wa" of sale0 e1change0 lease0 hire or hirep%rchase0 whether as principal or agent for anotherB Atrade %nionA eans an" association or co bination of wor/ en or e plo"ers within the eaning of the <rade 5nion Act 1)5). ?2@ 2or the p%rposes of this Act0 ris/s arising o%t of the activities of persons at wor/ shall be treated as incl%ding ris/s attrib%table to the anner of cond%cting an %nderta/ing0 the plant or s%bstances %sed for the p%rposes of an %nderta/ing and the condition of pre ises so %sed or an" Part of the . ?3@ 2or the p%rposes of this Act ?a@ Awor/A eans wor/ as an e plo"ee or as a self-e plo"ed personB ?b@ an e plo"ee is dee ed to be at wor/ thro%gho%t the ti e when he is at his place of wor/ b%t not otherwiseB and ?c@ a self-e plo"ed person is at wor/ thro%gho%t s%ch ti e as he devotes to wor/ as a self-e plo"ed person. O/0%*". 1 "h% A*" 4. <he objects of this Act are?a@ to sec%re the safet"0 health and welfare of persons at wor/ against ris/s to safet" or health arising o%t of the activities of persons at wor/B ?b@ to protect person at a place of wor/ other than persons at wor/ against ris/s to safet" or health arising o%t of the activities of persons at wor/B ?c@ to pro ote an occ%pational environ ent for persons at wor/ which is adapted to their ph"siological and ps"chological needsB

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?d@ to provide the eans whereb" the associated occ%pational safet" and health legislations a" be progressivel" replaced b" a s"ste of reg%lations and approved ind%str" codes of practice operating in co bination with the provisions of this Act designed to aintain or i prove the standards of safet" and health. PART II - APPOINTMENT OF OFFICERS A)) #'"2%'" 1 11#*%!. 5. ?1@ <he *inister shall appoint a p%blic officer to be the .irector ,eneral of Occ%pational Safet" and 9ealth0 in this Act referred to as the A.irector ,eneralA0 for the p%rpose of e1ercising the powers0 perfor ing the f%nctions and discharging the d%ties assigned to hi %nder this Act. ?2@ <he *inister a" appoint0 fro a ong p%blic officers0 s%ch n% bers of .ep%t" .irectors ,eneral0 .irectors0 .ep%t" .irectors0 Assistant .irectors and other occ%pational safet" and health officers as a" be necessar" for the p%rposes of this Act. ?3@ If for an" reason the .irector ,eneral is %nable to e1ercise the powers or discharge the d%ties of his office0 the power shall be had and a" be e1ercised and the d%ties shall be discharged b" the .ep%t" .irector ,eneral. ?4@ S%bject to s%ch li itations as a" be prescribed b" reg%lations ade %nder Part CI7 of this Act0 an officer appointed %nder s%bsection ?2@ shall perfor all the d%ties i posed0 and a" e1ercise all the powers conferred0 %pon the .irector ,eneral %nder this Act0 and ever" d%t" so perfor ed and power so e1ercised shall be dee ed to have been d%l" perfor ed and e1ercised for the p%rposes of this Act. A)) ##'"2%'" 1 #'(%)%'(%'" #'.)%*"#', / (3 !. ?1@ <he .irector ,eneral a"0 as he dee s fit0 appoint a person or an independent inspecting bod" fro an" of the ind%stries to advise or assist hi in carr"ing o%t the objects and p%rposes of this Act. ?2@ A person or an independent inspecting bod" appointed %nder s%bsection ? 1 @ shall be paid s%ch allowance0 fee or rei b%rse ent as the *inister a" deter ine. ?3@ An officer appointed %nder s%bsection 5?2@ and a person or an independent inspecting bod" appointed %nder s%bsection ?1@0 shall be s%bject to the control0 direction and s%pervision of the .irector ,eneral. ?4@ <he .irector ,eneral and all officers appointed %nder s%bsection 5?2@0 and a person or an independent inspecting bod" appointed %nder s%bsection ?1@0 shall be dee ed to be p%blic servants within the eaning of the Penal $ode. C%!"#1#*&"% 1 &4"h !#.&"# ' #. ?1@ <he .irector ,eneral shall iss%e to ever" officer appointed %nder this Act a certificate of

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

a%thori&ation which shall be prod%ced on de and to the occ%pier or an" person in charge of a place 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."&/#$#.h2%'" 1 "h% C 4'*#$ '. <here shall be established a co%ncil called the A3ational $o%ncil for Occ%pational Safet" and 9ealthA. M%2/%!.h#) 1 "h% C 4'*#$ ). ?1@ <he $o%ncil shall consist of not less than twelve and $o%ncil not ore than fifteen e bers who shall be appointed b" the *inister0 of who ?a@ three persons shall be fro organi&ations representing e plo"ersB ?b@ three persons shall be fro organi&ations representing e plo"eesB ?c@ three or ore persons shall be fro *inistries or .epart ents whose responsibilit" is related to occ%pational safet" and healthB and ?d@ three or ore persons0 or who at least one shall be a wo an0 shall be fro organi&ations or professional bodies the activities of whose e bers are related to occ%pational safet" and health and who0 in the opinion of the *inister0 are able to contrib%te to the wor/ of the $o%ncil. ?2@ <he *inister shall appoint fro a ong the persons entioned in s%bsection ?1@ a $hair an and a .ep%t" $hair an of the $o%ncil. S%* '( S*h%(4$% " &))$3 1+. <he provisions of the Second Sched%le shall appl" to the e bers of the $o%ncil. P -%! &'( 14'*"# '. 1 "h% C 4'*#$ 11. ?1@ <he co%ncil shall have power to do all things e1pedient or reasonabl" necessar" for or incidental to the carr"ing o%t of the objects of this Act. ?2@ <he $o%ncil a"0 and when re4%ested b" the *inister to do so shall0 carr" o%t investigations and a/e reports and reco endations to hi with regard to an" atter relating to the objects of this Act and0 in partic%lar0 b%t witho%t prej%dice to the generalit" of the foregoing provisions0 with regard to ?a@ changes it considers desirable to occ%pational safet" and health legislationB

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?b@ the i prove ent of the ad inistration and enforce ent of occ%pational safet" and health legislationB ?c@ the fostering of a co-operative cons%ltative relationship between anage ent and labo%r on the safet"0 health and welfare of persons at wor/B ?d@ the special proble s with respect to occ%pational safet"0 health and welfare of wo en0 handicapped persons and other gro%ps in the co %nit"B ?e@ the establish ent of ade4%ate ethods of control of ind%strial che icals at a place of 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 develop ent and adoption b" law of ind%str" codes of practice related to occ%pational safet"0 health and welfareB ?i@ the develop ent of rehabilitation plans and facilities to assist persons inj%red at a place of wor/. A)) #'"2%'" 1 .%*!%"&!3 " "h% C 4'*#$ 12. ?1@ <he *inister shall appoint a p%blic officer fro the office of the .irector ,eneral to be the secretar" to the $o%ncil. ?2@ <he $o%ncil a"0 with the approval of the *inister0 arrange for the %se of the services of an" staff or facilit" of the office of the .irector ,eneral. C 22#""%%. 13. ?1@ <he $o%ncil a"?a@ establish co ittees in respect of different ind%stries for the p%rpose of assisting the $o%ncil to perfor its f%nctions in relation to ind%str" codes of practiceB and ?b@ establish s%ch other co ittees as it thin/s fit for the p%rpose of assisting the $o%ncil to perfor its other f%nctions. ?2@ A co ittee shall consist of s%ch n% ber of persons as a" be appointed b" the $o%ncil fro a ong its e bers. ?3@ 3otwithstanding the provision of s%bsection ?2@0 the $o%ncil a" invite an" person or a representative of an" organi&ation to advise a co ittee established %nder s%bsection ?1@ in the carr"ing o%t of its f%nctions. ?4@ A person appointed %nder s%bsection ?2@ or invited to be a e ber of a co ittee %nder

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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

s%bsection ?3@ a" be paid s%ch allowance as approval of the *inister. A''4&$ !%) !" 14.

a" be deter ined b" the $o%ncil with the

<he $o%ncil shall0 as soon as practicable0 after the 3+th D%ne b%t before the 31st .ece ber of each "ear0 prepare and forward to the *inister a report of its activities for a period of twelve onths ending on the 3+th D%ne of each "ear. PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF EMPLOYED PERSONS G%'%!&$ (4"#%. 1 %2)$ 3%!. &'( .%$1-%2)$ 3%( )%!. '. " "h%#! %2)$ 3%%.

15.

?1@ It shall be the d%t" of ever" e plo"er and ever" self-e plo"ed person to ens%re0 so far as is practicable0 the safet"0 health and welfare at wor/ of all his e plo"ees. ?2@ Eitho%t prej%dice to the generalit" of s%bsection ?l@0 the atters to which the d%t" e1tends incl%de in partic%lar ?a@ the provision and aintenance of plant and s"ste s of wor/ that are0 . 1&! &. #. )!&*"#*&/$%, .&1% &'( -#"h 4" !#.5. " h%&$"h6 ?b@ the a/ing of arrange ents for ens%ring0 so far as is practicable0 safet" and absence of ris/s to health in connection with the %se or operation0 handling0 storage and transport of plant and s%bstancesB ?c@ the provision of s%ch #'1 !2&"# ', #'."!4*"# ', "!&#'#', &'( .4)ervision as is necessar" to ens%re0 so far as is practicable0 the safet" and health at wor/ of his e plo"eesB ?d@ so far as is practicable0 as regards and place of wor/ %nder the control of the e plo"er or self-e plo"ed person0 the aintenance of it in a condition that is safe and witho%t ris/s to health and the provision and aintenance of the eans of access to and egress fro it that are safe and witho%t s%ch ris/sB ?e@ the provision and aintenance of a wor/ing environ ent for his e plo"ees that is0 so far as is practicable0 safe0 witho%t ris/s to health0 and ade4%ate as regards facilities for their welfare at wor/. ?3@ 2or the p%rposes of s%bsections ?1@ and ?2@ ?a@ Ae plo"eeA incl%des an independent contractor engaged b" an e plo"er or a selfe plo"ed person and an" e plo"ee of the independent contractorB and ?b@ the d%ties of an e plo"er or a self-e plo"ed person %nder s%bsections ?1@ and ?2@ e1tend to s%ch an independent contractor and the independent contractorFs e plo"ees in relation to atters over which the e plo"er or self-e plo"ed person -

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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?i@ has controlB or ?ii@ wo%ld have had control b%t for an" agree ent between the e plo"er or self-e plo"ed person and the independent contract or to the contrar". D4"3 " 1 !24$& .&1%"3 &'( h%&$"h ) $#*3 1!. (1cept in s%ch cases as a" be prescribed0 it shall be the d%t" of ever" e plo"er and ever" self-e plo"ed person to prepare and as often as a" be appropriate revise a written state ent of his general polic" with respect to the safet" and health at wor/ of his e plo"ees and the organi&ation and arrange ents for the ti e being in force for carr"ing o%t that polic"0 and to bring the state ent and an" revision of it to the notice of all of his e plo"ees. G%'%!&$ (4"3 1 %2)$ 3%!. &'( .%$1-%2)$ 3%( )%!. '. " )%!. '. "h%! "h&' "h%#! %2)$ 3%%. 1#. ?1@ It shall be the d%t" of ever" e plo"er and ever" self-e plo"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 persons0 not being his e plo"ees0 who a" be affected thereb" are not thereb" e1posed to ris/s to their safet" or health. ?2@ It shall be the d%t" of ever" e plo"er and ever" self-e plo"ed person0 in the prescribed circ% stances and in the prescribed anner0 to give to persons0 not being his e plo"ees0 who a" be affected b" the anner which he cond%cts his %nderta/ing0 the prescribed infor ation on s%ch aspects of the anner in which he cond%cts his %nderta/ing as ight affect their safet" or health. D4"#%. 1 &' **4)#%! 1 & )$&*% 1 - !5 " )%!. '. "h%! "h&' h#. %2)$ 3%%. 1'. ?1@ An occ%pier of non-do estic pre ises which has been ade available to persons0 not being his e plo"ees0 as a place of wor/0 or as a place where the" a" %se a plant or s%bstance provided for their %se there0 shall ta/e s%ch eas%res as are practicable to ens%re that the pre ises0 all eans of access thereto and egress therefro available for %se b" persons %sing the pre ises0 and an" plant or s%bstance in the pre ises or provided for %se there0 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" e1tent in relation to G ?a@ the aintenance or repair of a place of wor/ or an" egress therefro B or eans of access thereto or

?b@ the prevention of ris/s to safet" and health that a" arise fro the %se of an" plant or s%bstance in the place of wor/0 shall for the p%rpose of s%bsection ?1@ be dee ed to have control of the atters to which his obligation e1tends. P%'&$"3 1 ! &' 11%'*% 4'(%! .%*"# ' 17, 18, 19 : 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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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

offence and shall on conviction0 be liable to a fine not e1ceeding fift" tho%sand ringggit or to i prison ent for a ter not e1ceeding two "ears or to both. PART V GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS G%'%!&$ (4"#%. 1 2&'41&*"4!%!., %"*< &. !%,&!(. )$&'" 1 ! 4.% &" - !5 2+. ?1@ It shall be the d%t" of a person who designs0 an%fact%res0 i ports or s%pplies an" plant for %se at EO8H?a@ to ens%re0 so far as is practicable0 that the plant is do designed a constr%cted as to be safe and witho%t ris/s to health when properl" %sedB ?b@ to carr" o%t or arrange for the carr"ing o%t of s%ch testing and e1a ination as a" be necessar" for the perfor ance of the d%t" i posed on hi b" paragraph ?a@B and ?c@ to ta/e s%ch steps as are necessar" to sec%re that there will be available in connection with the %se of the plant at wor/ ade4%ate infor ation abo%t the %se for which it is designed and has been tested0 and abo%t an" condition necessar" to ens%re that0 when p%t to that %se0 it will be safe and witho%t ris/s to health. ?2@ It shall be the d%t" of a person who %nderta/es the design or an%fact%re of an" plant for %se at wor/ to carr" o%t or arrange for the carr"ing o%t of an" necessar" research with a view to the discover" and0 so far as is practicable0 the eli ination or ini isation of an" ris/ to safet" or health to which the design or plant a" give rise. ?3@ It shall be the d%t" of a person who erects or installs an" plant for %se b" persons at wor/ to ens%re0 so far as is practicable0 that nothing abo%t the wa" in which it is erected or installed a/es it %nsafe or a ris/ to health when properl" %sed. G%'%!&$ (4"#% 1 2&'41&*"4!%!., %"*< &. !%,&!(. .4/."&'*%. 1 ! 4.% &" - !5 21. ?1@ It shall be the d%t" of a person who for %lates0 an%fact%res0 i ports 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 to health when properl" %sedB ?b@ to carr" o%t or arrange for the carr"ing o%t of s%ch testing and e1a ination as a" be necessar" for the perfor ance of the d%t" i posed 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 in connection with the %se of the s%bstance at wor/ ade4%ate infor ation abo%t the res%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%t ris/s to health when properl" %sed.

13

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?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 eli ination or ini isation of an" ris/ to safet" or health to which the s%bstance a" give rise. E=)$&'&"# '. " .%*"# '. >? &'( >1 22. ?1@ 3othing in section 2+ and 21 shall be ta/en to re4%ire a person to repeat an" testing0 e1a ination or research which has been carried o%t otherwise than b" hi or at his instance0 in so 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" i posed on a person b" an" of the preceding provisions of this Part shall e1tend onl" to things done in the co%rse of a trade0 b%siness or other %nderta/ing carried on b" hi 0 whether for profit or not0 and to atters within his control. ?3@ Ehere a person designs0 for %lates0 an%fact%res0 i ports or s%pplies an" plant or s%bstance for or to another on the basis of a written %nderta/ing b" that other to ta/e specified steps 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 the first- entioned person fro the d%t" i posed b" paragraphs 2+ ?1@?a@ and 21 ?1@?a@ to s%ch e1tent as is reasonable having regard to the ter s of the %nderta/ing. ?4@ Ehere a person ?hereinafter referred to as the Aostensible s%pplierA@ s%pplies an" plant or s%bstance for %se at wor/ to another ?hereinafter referred to as the Ac%sto erA@ %nder a hire-p%rchase agree ent0 conditional sale agree ent or credit-sale agree ent0 and the ostensible s%pplier ?a@ carries on the b%siness of financing the ac4%isition of goods b" others b" eans of s%ch agree entsB and ?b@ in the co%rse of that b%siness ac4%ired his interest in the plant or s%bstance s%pplied to the c%sto er as a eans of financing its ac4%isition b" the c%sto er fro a third person ?hereinafter referred to as the Aeffective s%pplierA@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%sto er0 and an" d%t" i posed b" sections 2+ and 21 on s%ppliers shall accordingl" fall on the effective s%pplier and not on the ostensible s%pplier. ?5@ 2or the p%rposes of this Part a plant or s%bstance is not to be regarded as properl" %sed where it is %sed witho%t regard to an" relevant infor ation or advice relating to its %se which has been ade available b" a person b" who it was designed0 an%fact%red0 i ported or s%pplied. P%'&$"3 1 ! &' 11%'*% 4'(%! .%*"# ' >? ! >1 23. A person who contravenes the provisions of section 2+ or 21 shall be g%ilt" of an offence and

14

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

shall0 on conviction0 be liable to a fine not e1ceeding twent" tho%sand ringgit or to i prison ent for a ter not e1ceeding two "ears or to both. PART VI - GENERAL DUTIES OF EMPLOYEES G%'%!&$ (4"#%. 1 %2)$ 3%%. &" - !5 24. ?1@ It shall be the d%t" of ever" e plo"ee while at wor/?a@ to ta/e !%&. '&/$% *&!% for the safet" and health of hi self and of other persons who a" be affected b" his acts or o issions at wor/B ?b@ to * - )%!&"% with his e plo"er or an" other person in the discharge of an" d%t" or re4%ire ent i posed on the e plo"er or that other person b" this Act or an" reg%lation ade there%nderB ?c@ to wear or %se at all ti es an" protective e4%ip ent or clothing provided b" the e plo"er for the p%rpose of preventing ris/s to his safet" and healthB and ?d@ to co pl" with an" instr%ction or eas%re on occ%pational safet" and health instit%ted b" his e plo"er or an" other person b" or %nder this Act or an" reg%lation ade there%nder. ?2@ A person who contravenes the provisions of this section shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not e1ceeding one tho%sand ringgit or to i prison ent for a ter not e1ceeding three onths or to both. D4"3 ' " " #'"%!1%!% -#"h ! 2#.4.% "h#',. )! +#(%( )4!.4&'" " *%!"&#' )! +#.# '. 25. A person who intentionall"0 rec/lessl" or negligentl" interferes with or is%ses an"thing provided or done in the interests of safet"0 health and welfare in p%rs%ance of this Act shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not e1ceeding twent" tho%sand ringgit or to i prison ent for a ter not e1ceeding two "ears or to both. D4"3 ' " " *h&!,% %2)$ 3%%. 1 ! "h#',. ( '% ! )! +#(%( 2!. 3o e plo"er shall lev" or per it to be levied on an" e plo"ee of his an" charge in respect of an"thing done or provided in p%rs%ance of this Act or an" reg%lation ade there%nder. D#.*!#2#'&"# ' &,&#'." %2)$ 3%% %"*< 2#. ?1@ 3o e plo"er shall dis iss an e plo"ee0 inj%re hi in his e plo" ent0 or alter his position to his detri ent b" reason onl" that the e plo"ee?a@ a/es a co plaint abo%t a healthB atter which he considers is not safe or is a ris/ to ittee established p%rs%ant to this ActB or

?b@ is a e ber of a safet" and health co

15

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?c@ e1ercises an" of his f%nctions as a e ber of the safet" and health co

ittee.

?2@ 3o trade %nion shall ta/e an" action on an" of its e bers who0 being an e plo"ee at a place of wor/?a@ a/es a co plaint abo%t a healthB atter which he considers is not safe or is a ris/ to ittee established p%rs%ant to this ActB or ittee.

?b@ is a e ber of a safet" and health co

?c@ e1ercises an" of his f%nctions as a e ber of the safet" and health co

?3@ An e plo"er who0 or a trade %nion which0 contravenes the provisions of this section shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not e1ceeding ten tho%sand ringgit or to a ter of i prison ent not e1ceeding one "ear or to both. ?4@ 3otwithstanding an" written law to the contrar"0 where a person is convicted of an offence %nder this section the $o%rt a"0 in addition to i posing a penalt" on the offender. a/e one or both of the following orders> ?a@ an order that the offender pa"s within a specific period to the person against who the offender has discri inated s%ch da ages as it thin/s fit to co pensate that personB ?b@ an order that the e plo"ee be reinstated or ree plo"ed in his for er position or0 where that position is not available0 in a si ilar position. PART VII - SAFETY AND HEALTH ORGANIZATIONS M%(#*&$ .4!+%#$$&'*% 2'. ?1@ Ehere it appears to the *inister that in an" of the ind%stries or class or description of ind%stries?a@ cases of illness have occ%rred which he has reason to believe a" be d%e to the nat%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 or0 b" reason of the introd%ction of an" new process or new s%bstance for %se in a process0 there a" be ris/ of inj%r" to the health of persons e plo"ed in the processB ?c@ persons below the age of si1teen "ears are or are abo%t to be e plo"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 e plo"ed in an" of the occ%pations specified in the <hird Sched%le0 or fro an" s%bstance or aterial bro%ght

16

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

to the ind%stries to be %sed or handled therein or fro an" change in the conditions in the ind%stries0 he a" a/e reg%lations re4%iring s%ch reasonable arrange ents as a" be specified in the reg%lations to be ade for the edical s%rveillance and edical e1a ination0 not incl%ding edical treat ent of a preventive character0 of the persons or an" class of persons e plo"ed in the ind%stries or class or description of ind%stries. ?2@ 8eg%lations ade %nder this section a" re4%ire the edical s%rveillance to be carried o%t b" persons registered with the .irector ,eneral0 and a" prescribe the 4%alifications and other conditions 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%nder shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not e1ceeding five tho%sand ringgit or to i prison ent for a ter not e1ceeding si1 onths or to both. S&1%"3 &'( h%&$"h 11#*%! 2). ?1@ <his section shall appl" to s%ch class or description of ind%stries as the *inister a"0 b" order p%blished in the ,a&ette0 specif". ?2@ An occ%pier of a place of wor/ to which this section applies shall e plo" a co petent person to act as a safet" and health officer at the place of wor/. ?3@ <he safet" and health officer shall be e plo"ed e1cl%sivel" for the p%rpose of ens%ring the d%e observance at the place of wor/ of the provisions of this Act and an" reg%lation ade there%nder and the pro otion of a safe cond%ct of wor/ at the place of wor/. ?4@ <he safet" and health officer shall possess s%ch 4%alifications or have received s%ch training as the *inister a"0 b" notification in the ,a&ette0 fro ti e to ti e prescribe. ?5@ An occ%pier who contravenes the provisions of this section shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not e1ceeding five tho%sand ringgit or to a ter of i prison ent not e1ceeding si1 onths or to both. E."&/$#.h2%'" 1 .&1%"3 &'( h%&$"h * 22#""%% &" )$&*% 1 - !5 3+. ?1@ (ver" e plo"er shall establish a safet" and health co accordance with this section ifittee at the place of wor/

?a@ there are 1 !"3 ! 2 !% )ersons e plo"ed at the place of wor/B or ?b@ the .irector ,eneral directs the establish ent of s%ch a co wor/. ittee at the place of

?2@ <he co position of a safet" and health co ittee established %nder s%bsection ?1@0 the election or appoint ent of persons to the co ittee0 the powers of the e bers of the co ittee0 and an" other atter relating to the establish ent or proced%re of the co ittee shall be as prescribed .

17

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?3@ (ver" e plo"er shall cons%lt the safet" and health co ittee with a view to the a/ing and aintenance of arrange ents which will enable hi and his e plo"ees to co-operate effectivel" in pro oting and developing eas%res to ens%re the safet" and health at the place of wor/ of the e plo"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 and shall0 on conviction0 be liable to a fine not e1ceeding five tho%sand ringgit or to i prison ent for a ter not e1ceeding si1 onths or to both. F4'*"# '. 1 .&1%"3 &'( h%&$"h * 22#""%% 31. <he safet" and health co ittee established at a place of wor/ p%rs%ant to section 3+

?a@ shall /eep %nder review the eas%res ta/en to ens%re the safet" and health of persons at the place of wor/B ?b@ shall investigate an" atter at the place of wor/?i@ which a e ber of the co safe or is a ris/ to healthB and ittee or a person e plo"ed thereat considers is not

?ii@ which has been bro%ght to the attention of the e plo"erB ?c@ shall atte pt to resolve an" atter referred to in paragraph ?b@ and0 if it is %nable to do so0 shall re4%est the .irector ,eneral to %nderta/e an inspection of the place of wor/ for that p%rposeB and ?d@ shall have s%ch other f%nctions as a" be prescribed. PART VIII - NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUATIONAL DISEASES, AND INQUIRY N "#1#*&"# ' 1 &**#(%'"., (&',%! 4. **4!&'*%, **4)&"# '&$ ) #. '#', &'( **4)&"# '&$ (#.%&.%., &'( #'@4#!3 32. ?1@ An e plo"er shall notif" the nearest occ%pational safet" and health office of an" accident0 dangero%s occ%rrence0 occ%pational poisoning or occ%pational disease which has occ%rred or is li/el" to occ%r at the place of wor/. ?2@ (ver" registered edical practitioner or edical officer attending to0 or called in to visit0 a patient who he believes to be s%ffering fro an" of the diseases listed in the <hird Sched%le of the 2actories and *achiner" Act 1)!#0 or an" disease na ed in an" reg%lation or order ade b" the *inister %nder this Act0 or occ%pational poisoning shall report the atter to the .irector ,eneral. D#!%*" ! G%'%!&$ 2&3 (#!%*" #'@4#!3 " /% h%$(

18

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

33.

?1@ If in the opinion of the .irector ,eneral0 an in4%ir" o%ght to be held into the nat%re and ca%se of the accident0 dangero%s occ%rrence0 occ%pational poisoning or occ%pational disease0 he a" ca%se s%ch an in4%ir" to be held b" an occ%pational safet" and health officer. ?2@ <he .irector ,eneral a" appoint one or ore persons of engineering0 edical or other appropriate s/ills or e1pertise to serve as assessors in an" s%ch in4%ir". ?3@ (ver" person not being a p%blic officer serving as an assessor in the in4%ir" a" be paid an allowance at s%ch rate or rates as the *inister a" deter ine. P -%! 1 **4)&"# '&$ .&1%"3 &'( h%&$"h 11#*%! &" #'@4#!3

34.

2or the p%rpose of holding an in4%ir" %nder this Act0 an occ%pational safet" and health officer shall have the power to ad inister oaths and affir ations0 and shall be vested with the powers of a 2irst $lass *agistrate for co pelling the attendance of witnesses and the prod%ction of doc% ents aintaining order and otherwise d%l" cond%cting the in4%ir"0 and all persons s% oned to attend the in4%ir" shall be legall" bo%nd to attend. PART IX - PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE< P -%! " )! h#/#" "h% 4.% 1 )$&'" ! .4/."&'*%.

35.

?1@ 3otwithstanding an" written law to the contrar"0 the .irector ,eneral a" b" order p%blished in the ,a&ette prohibit the %se of an" plant or s%bstance which in his opinion is li/el" to affect the safet" and health of persons and wor/. ?2@ Ehere the .irector ,eneral proposes to e1ercise his power %nder s%bsection ?1@ he shall0 before a/ing the order0 cons%lt an" ,overn ent depart ent or other bod" which appears to hi to be appropriate. A,,!#%+%( )%!. ' 2&3 &))%&$

3!.

A person who is aggrieved b" an order ade %nder s%bsection 35?1@ a"0 within thirt" da"s of the order0 lodge an appeal with the secretar" to the $o%ncil who shall trans it the appeal to an appeal co ittee appointed b" the *inister %nder section !3. PART X - INDUSTRY CODES OF PRACTICE A))! +&$ 1 #'(4."!3 * (%. 1 )!&*"#*%

3#.

?1@ <he *inister a"0 %pon the reco endation of the $o%ncil or the .irector ,eneral0 approve ind%str" codes of practice co prising s%ch directions as a" appear to hi to be necessar" or proper for the g%idance of persons in co pl"ing with the re4%ire ents of the provisions of this Act.

19

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?2@ <he *inister a"0 %pon the reco endation of the $o%ncil or the .irector ,eneral0 fro ti e to ti e revise the ind%str" codes of practice b" a ending0 deleting0 var"ing or adding to the provision of the ind%str" codes of practice. ?3@ An ind%str" code of practice a"?a@ consist of an" code0 standard0 r%le0 specification or provision relating to occ%pational safet" or health approved b" the *inisterB or ?b@ appl"0 incorporate or refer to an" doc% ent for %lated or p%blished b" an" bod" or a%thorit" as in force at the ti e the ind%str" code of practice is approved or as a ended0 for %lated or p%blished fro ti e to ti e. ?4@ <he *inister shall ca%se to be p%blished in the ,a&ette the approval of an ind%str" code of practice and the a end ent or revocation thereof. U.% 1 #'(4."!3 * (%. 1 )!&*"#*% #' )! *%%(#',. 3'. In an" proceedings %nder this Act or an" reg%lation ade there%nder in which it is alleged that a person has contravened or failed to co pl" with a provision of the Act or an" reg%lation ade there%nder in relation to which an approved ind%str" code of practice was in effect at the ti e of the alleged contravention or fail%re ?a@ the approved ind%str" code of practice shall be ad issible in evidence in the proceedingsB and ?b@ if the co%rt is satisfied in relation to an" atter which it is necessar" for the prosec%tion to prove in order to establish the alleged contravention or fail%re that ?i@ a provision of the approved ind%str" code of practice is relevant to the atterB and ?ii@ the person failed at an" aterial ti e to observe the provision of the approved ind%str" code of practice0 the atter shall be ta/en as proved %nless the co%rt is satisfied that in respect of the atter the person co plied with a provision of the Act otherwise than b" wa" of observance of the provision of the approved ind%str" code of practic PART XI - ENFORCEMENT AND INVESTIGATION P -%!. 1 %'"!3, #'.)%*"# ' %=&2#'&"# ', .%#A4!%, %"*< 3). ?1@ An occ%pational safet" and health officer0 in this Part referred to as the AofficerA0 a"0 for the p%rpose of carr"ing o%t the objects of this Act or an" reg%lation ade there%nder0 at an" reasonable ti e and %pon the prod%ction of his certificate of a%thori&ation enter0 inspect and e1a ine an" place of wor/ other than a place %sed solel" for residential p%rposesB Provided that he a" enter the residential place with the consent of the owner or if he has

20

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

reasonable ca%se to believe that a contravention of this Act or an" reg%lation ade there%nder has or is li/el" to be co itted. ?2@ In e1ercising his powers %nder s%bsection ?1@0 an officer a"?a@ a/e e1a ination and investigation of an" plant0 s%bstance0 article or other thing whatsoever as a" be necessar" to ascertain whether or not this Act or an" reg%lation ade there%nder has been co plied 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" e1a ination or investigation %nder paragraph ?a@B ?c@ ta/e s%ch eas%re ents and photographs and a/e s%ch recordings as he considers necessar" for the p%rpose of an" e1a ination or investigation %nder paragraph ?a@B ?d@ ta/e sa ples of an" article or s%bstance fo%nd in the place of wor/ which he has power to enter0 and of the at osphere in or in the vicinit" of the place of wor/B ?e@ re4%ire an" person e plo"ed in a place of wor/ in which an" of the diseases na ed in the <hird Sched%le of the 2actories and *achiner" Act 1)!# or an" disease na ed in an" reg%lation or order ade b" the *inister %nder this Act has occ%rred or is li/el" to occ%r0 to be edicall" e1a ined b" a edical officer or a registered edical practitioner. ?3@ Ehere an officer is of the opinion that a plant or s%bstance has ca%sed or is li/el" to ca%se a danger to safet" and health0 he a"?a@ ca%se it to be dis antled or s%bjected to an" process or test at an" convenient place and at s%ch reasonable ti e as he a" appoint0 b%t not so as to da age or destro" it> ?b@ ta/e possession of it and detain it for so long as is necessar" for all or an" of the following p%rposesB ?i@ to e1a ine it and do to it an"thing which he has power to doB ?ii@ to ens%re that it is not ta pered with before his e1a ination of it is co pletedB ?iii@ to ens%re that it is available for %se as evidence in an" proceedings for an offence %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 e1a ination as a" be necessar" for the p%rposes of his d%ties %nder this Act or reg%lation ade there%nderB and

21

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?b@ e1ercise s%ch other powers as s%bsections ?2@ and ?3@.

a" be necessar" or are conferred %nder

?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 e1ec%tion of his 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" e4%ip ent or aterial re4%ired for an" p%rpose for which the power of entr" is being e1ercised. E'"!3 #'" )!%2#.%. -#"h "h% .%&!*h -&!!&'" &'( ) -%! 1 .%#A4!% 4+. In ever" case where infor ation is given on oath to a *agistrate that there is reasonable ca%se for s%specting that there is in a place of wor/ or residential place an" article0 thing0 boo/0 doc% ent0 plant0 s%bstance0 installation or part thereof which has been %sed to co it or is intended to be %sed to co it an offence %nder this Act or an" reg%lation ade there%nder0 he shall iss%e a warrant %nder his hand b" virt%e of which an officer na ed or referred to in the warrant a" enter the place of wor/ or residential place at an" reasonable ti e b" da" or night0 and search for and sei&e or seal the article0 thing0 boo/0 doc% ent0 plant0 s%bstance0 installation or part thereof. E'"!3 #'" )!%2#.%. -#"h 4" .%&!*h -&!!&'" &'( ) -%! 1 .%#A4!% 41. Ehere an officer is satisfied %pon infor ation received that he has reasonable gro%nds for believing that0 b" reason of dela" in obtaining a search warrant0 an" article0 thing0 boo/0 doc% ent0 plants0 s%bstance0 installation or part thereof in a place of wor/ or residential place %sed to co it or intended to be %sed to co it an offence %nder this Act or an" reg%lation ade there%nder is li/el" to be re oved or destro"ed0 he a" enter the place of wor/ or residential place witho%t a warrant and sei&e or seal the article0 thing0 boo/0 doc% ent0 plant0 s%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 ta per with or da age the seal or re ove the article0 thing0 boo/0 doc% ent0 plant0 s%bstance0 installation or part thereof or to atte pt so to do. P -%! 1 1 !*%14$ %'"!3 &'( .%!+#*% ' **4)#%! 1 .#,'%( * )3 1 $#." 1 "h#',. .%#A%( 1! 2 )!%2#.%. 42. ?1@ An officer a"0 in the e1ercise of his powers %nder section 4+ or 410 if it is necessar" so to do?a@ brea/ open an" o%ter or inner door of a place of wor/ or residential place and enter thereintoB

22

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?b@ forcibl" enter the place and ever" part thereofB ?c@ re ove b" force an" obstr%ction to entr"0 search0 sei&%re and re oval as he is e powered to effectB and ?d@ detain ever" person fo%nd in the place %ntil the place has been searched. ?2@ <he officer sei&ing an" article0 thing0 boo/0 doc% ent0 plant0 s%bstance0 installation or part thereof %nder section 4+ or 41 shall prepare a list of the things sei&ed and forthwith0 or as soon as is practicable0 deliver a cop" of the list signed b" hi to the occ%pier0 or his agent or servant present in the pre ises0 and if the pre ises are %nocc%pied the officer shall0 wherever possible0 post a list of the things sei&ed on the pre ises. F4"h%! )! +#.# '. #' !%$&"# ' " #'.)%*"# ' 43. ?1@ 5pon entering an" place of wor/ an officer shall ta/e all reasonable steps to notif" the e plo"er and the safet" and health co ittee of the entr". ?2@ 5pon concl%ding an inspection0 an officer shall give to the e plo"er and the safet" and health co ittee infor ation with respect to his observations and an" action he proposes to ta/e in relation to the place of wor/. ?3@ Ehere an officer proposes to ta/e and re ove a sa ple fro a place of wor/ for the p%rposes of anal"sis0 he shall notif" the e plo"er and the safet" and health co ittee and after having ta/en the sa ple he shall where possible ?a@ divide the sa ple ta/en into as an" parts as are necessar" and ar/ and seal or ar/ and fasten %p each part in s%ch a anner as its nat%re will per itB ?b@ if re4%ired b" the e plo"er or the safet" and health co each to the e plo"er or the safet" and health co ittee ?c@ retain one part for f%t%re co parisonB and ?d@ if an anal"sis of the sa ple is to be anal"sis. ade0 s%b it another part to an anal"st for ittee0 deliver one part

P -%! 1 #'+%."#,&"# ' 44. ?1@ An officer shall have the power to investigate the co or an" reg%lation ade there%nder ission of an" offence %nder this Act

?2@ An officer a"0 in relation to an" investigation in respect of an offence co itted %nder this Act or an" reg%lation ade there%nder0 e1ercise the special powers in relation to police investigation e1cept that the power to arrest witho%t warrant given b" the $ri inal Proced%re $ode in an" sei&able offence a" not be e1ercised b" hi . ?3@ 5pon co pletion of his investigation0 the officer shall i ediatel" give all infor ation relating to the co ission of the offence to an officer in charge of a police station and a police

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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

officer a"0 b" warrant0 arrest an" person who a" have co or an" reg%lation ade there%nder. P -%! " %=&2#'% -#"'%.. 45.

itted an offence %nder this Act

?1@ An officer a/ing an investigation %nder section 3) or 44 a" e1a ine orall" an" person who appears to hi to be ac4%ainted with the facts and circ% stances of the case ?2@ <he person referred to in s%bsection ?1@ shall be legall" bo%nd to answer all 4%estions relating to the case p%t to hi b" the officer> Provided that the person a" ref%se to answer an" 4%estion if the officer fails or ref%ses on de and to prod%ce to hi the certificate of a%thori&ation iss%ed b" the .irector ,eneral to the officer %nder s%bsection #?1@> Provided f%rther that the person a" ref%se to answer an" 4%estion to which wo%ld have a tendenc" to e1pose hi to a cri inal charge or penalt" or forfeit%re. ?3@ A person a/ing a state ent %nder this section shall be legall" bo%nd to state the tr%th whether or not the state ent is ade wholl" or partl" in answer to 4%estions . ?4@ An officer obtaining infor ation fro a person shall first infor the person of the provisions of s%bsections ?2@ and ?3@. ?5@ A state ent ade b" a person %nder this section shall0 whenever possible0 be red%ced into writing and signed b" hi or affi1ed with his th% b print0 as the case a" be0 after it has been read to hi in the lang%age in which he ade it and after he has been given an opport%nit" to a/e an" correction he a" wish. ?!@ Ehere an officer %ses the assistance of an interpreter0 an" in4%ir" or re4%isition to a person ade on behalf of the officer b" the interpreter shall0 for all p%rposes0 he dee ed to have been act%all" ade b" the officer0 and an" answer thereto ade to the interpreter shall be dee ed to have been act%all" ade to the officer. E2)$ 3%!, %"*<, " &..#." 11#*%!

4!.

<he owner or occ%pier of0 or e plo"er0 an" place of wor/ and the agent or e plo"ee of the owner0 occ%pier or e plo"er shall provide s%ch assistance as the officer a" re4%ire for an" entr"0 inspection0 e1a ination or in4%ir" or for the e1ercise of his powers %nder this Act. O11%'*%. #' !%$&"# ' " #'.)%*"# '

4#.

A person who ?a@ ref%ses access to a place of wor/ to an officer or a person assisting hi B ?b@ obstr%cts the officer in the e1ercise of his powers %nder this Act or an" reg%lation ade there%nder0 or ind%ces or atte pts to ind%ce an" other person to do soB

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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?c@ fails to prod%ce an" doc% ent re4%ired %nder this Act b" the officerB ?d@ conceals the location or e1istence of an" other person or an" plant or s%bstance fro the officerB ?e@ prevents or atte pts to prevent an" other person fro assisting the officerB or ?f@ in an" other wa"0 hinders0 i pedes or opposes the officer in the e1ercise of his powers %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 e1ceeding ten tho%sand ringgit or to i prison ent for a ter not e1ceeding 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 be a danger0 or is li/el" to ca%se bodil" inj%r" or is a serio%s ris/ to the health of an" person0 or is li/el" to ca%se da age to an" propert"0 he shall serve an i prove ent notice on the person %nder whose control the place of wor/0 plant0 s%bstance or process lies0 re4%iring the person to ta/e eas%res to re ove the danger or rectif" an" defect within s%ch period as he shall therein specif"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 e1pir" of the notice %ntil the danger has been re oved 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 i ediate danger to life or propert"0 he shall serve a prohibition notice prohibiting the %se or operation of the place of wor/0 plant0 s%bstance or process %ntil s%ch ti e that an" danger posed is re oved and the defect ade good to the satisfaction of the officer. ?3@ An i prove ent 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 or process at the place of wor/0 there is occ%rring or a" occ%r an activit" which is or is li/el" to be a danger or is li/el" to ca%se bodil" inj%r" or a serio%s ris/ to the health of an" person or is li/el" to ca%se da age or is li/el" to ca%se i ediate danger to life or propert"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" to be a contravention of an" provision of this Act or an" reg%lation ade there%nder0 specif" the provision and state the reasons for the opinion. ?4@ An officer a" incl%de in an i prove ent notice or a prohibition notice directions as to the eas%res to be ta/en to re ove an" danger0 li/el". danger0 ris/0 atter or activit" to which the notice 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 it necessar"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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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?!@ Ehere s%ch an action is ta/en b" the officer %nder s%bsection ?5@ he a"0 if he dee s fit0 recover the cost of the action fro the occ%pier or person having responsibilit" or control of the place of wor/0 plant0 s%bstance or process. P%'&$"3 1 ! 1&#$4!% " * 2)$3 -#"h ' "#*% 4). ?1@ A person to who an i prove ent or a prohibition notice is iss%ed %nder section 4' %st co pl" with the sa e notwithstanding that an appeal against its iss%ance has been lodged. ?2@ A person who witho%t reasonable e1c%se fails to co pl" with an" i prove ent or prohibition notice iss%ed %nder section 4' shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not e1ceeding fift" tho%sand ringgit or to i prison ent for a ter not e1ceeding five "ears or to both0 and to a f%rther fine of five h%ndred ringgit for each da" d%ring which the offence contin%es. A,,!#%+%( )%!. ' 2&3 &))%&$ 5+. ?1@ A person who is aggrieved b" a notice iss%ed b" an officer %nder section 4' a"0 within thirt" da"s fro the date of s%ch notice0 appeal to the .irector ,eneral who a"0 after considering the appeal0 b" order in writing confir 0 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 co ittee appointed b" the *inister %nder section !3. ?3@ Ehere an i prove ent or a prohibition notice is iss%ed b" the director ,eneral or the .ep%t" .irector ,eneral in the e1ercise of the powers conferred %nder section 4'0 the appeal shall be ade to an appeal co ittee appointed b" the *inister %nder section !3. PART XII - LIABILITY FOR OFFENSES G%'%!&$ )%'&$"3 51. A person who b" an" act or o ission contravenes an" provision of this Act or an" reg%lation ade there%nder shall be g%ilt" of an offence0 and if no penalt" is e1pressl" provided shall0 on conviction0 be liable to a fine not e1ceeding ten tho%sand ringgit or to i prison ent for a ter not e1ceeding one "ear or to both and0 in the case of a contin%ing offence0 to a fine not e1ceeding one tho%sand ringgit for ever" da" or part of a da" d%ring which the offence contin%es after conviction. O11%'*%. * 22#""%( /3 / (3 * !) !&"% 52. ?1@ Ehere a bod" corporate contravenes an" provision of this Act or an" reg%lation ade there%nder0 ever" person who at the ti e of the co ission of the offence is a director0 anager0 secretar" or other li/e officer of the bod" corporate shall be dee ed to have contravened the provision and a" be charged jointl" in the sa e proceedings with the bod" corporate or severall"0 and ever" s%ch director0 anager0 secretar" or other li/e officer of the bod" corporate shall be dee ed to be g%ilt" of the offence.

26

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?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 that provision. O11%'*%. * 22#""%( /3 "!&(% 4'# ' 53. ?1@ Ehere a trade %nion b" an" act or o ission contravenes an" provision of this Act or an" reg%lation ade there%nderI ever" officer0 e plo"ee and person p%rporting to act on the instr%ction of an" officer of the trade %nion shall be dee ed to have contravened the provision and a" be charged jointl" in the sa e proceedings with the trade %nion or severall"0 and ever" s%ch officer0 e plo"ee or person shall be dee ed 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. O11%'*%. * 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 o itted if the thing had been done or o itted b" hi personall" shall be l iable to the sa e penalt" if the thing had been done or o itted b" his agent. D%1%'*% 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 co itted witho%t his consent or connivance and that he e1ercised all s%ch d%e diligence to prevent the co ission of the offence as he o%ght to have e1ercised having regard to the nat%re of his f%nctions in that capacit" and to all the circ% stances. B (3 * !) !&"% ! "!&(% 4'# ' $#&/$% " 1#'% 5!. Ehere a person convicted in respect of an offence %nder this Act or an" reg%lation ade there%nder is a bod" corporate or a trade %nion0 it shall onl" be liable to the i position of a fine provided therefor. A#(#', &'( &/%""#', 5#. A person who aids or abets the co ission of an offence %nder this Act shall be p%nished with the p%nish ent provided for the offence. S&1%,4&!(. &,&#'." 14!"h%! )%!. '&$ $#&/#$#"3 5'. S%bject to the provisions of this Act and an" reg%lation ade there%nder0 no person shall inc%r an" personal liabilit" for an" loss or da age ca%sed b" an" act or o ission b" hi in carr"ing o%t the d%ties %nder this Act or an" reg%lation ade there%nder0 %nless the loss or da age was occasioned intentionall" or thro%gh rec/lessness or gross negligence.

27

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

C#+#$ $#&/#$#"3 ' " &11%*"%( /3 P&!". IV, V &'( VI 5). 3othing 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" contravention0 whether b" act or o ission0 of an" provision of those PartsB ?b@ conferring a defence to an action in an" civil proceedings or as otherwise affecting a right of action in an" civil proceedingsB or ?c@ affecting the e1tent0 if an"0 to which a right of action arises or civil proceedings a" be ta/en with respect to breaches of d%ties i posed b" other legislation in regard to safet" and health. O'4. 1 )! +#', $#2#". 1 -h&" #. )!&*"#*&/$% !+. In an" proceedings for an offence %nder this Act or an" reg%lation ade there%nder consisting of a fail%re to co pl" with a d%t" or re4%ire ent to do so ething so far as is practicable0 or to %se the best practicable eans to do so ething0 it shall be for the acc%sed to prove that it was not practicable to do ore than was in fact done to satisf" the d%t" or re4%ire ent0 or that there was no better practicable eans than was in fact %sed to satisf" the d%t" or re4%ire ent. P! .%*4"# '. !1. Prosec%tions in respect of offenses co itted %nder this Act or an" reg%lation ade there%nder a"0 with the prior written consent of the P%blic Prosec%tor0 be instit%ted and cond%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 $ri inal Proced%re $ode. C 2) 4'(#', 1 11%'*%. !2. ?1@ <he *inister a"0 be order in the ,a&ette0 prescribe an" offence %nder this Act or an" reg%lation ade there%nder as an offence which a" be co po%nded. ?2@ <he .irector ,eneral a" at an" ti e before conviction co po%nd an" of the offenses prescribed %nder s%bsection ?1@ as an offence which a" be co po%nded b" collecting fro the person reasonabl" s%spected of having co itted the offence a s% of one" not e1ceeding the a o%nt of the a1i % fine to which the person wo%ld have been liable to if he had been convicted of the offence> Provided that the .irector ,eneral shall not e1ercise his powers %nder this section %nless the person in writing ad its that he has co itted the offence and re4%ests the .irector ,eneral to deal with the offence %nder this section. PART XIII APPEALS A))%&$ * 22#""%%.

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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

!3.

?1@ <he *inister shall appoint appeal co ade %nder section 3! or 5+.

ittees for the p%rpose of considering an" appeal

?2@ An appeal co ittee shall consist of a $hair an to be appointed b" the *inister fro a ong e bers of the $o%ncil and two other persons to be appointed b" the *inister who0 in his opinion0 have wide e1perience and /nowledge in atters relating to the s%bject atter of the appeal. ?3@ (ver" e ber of an appeal co the *inister a" deter ine. ittee a" be paid an allowance at s%ch rate or rates as

P -%!. 1 &))%&$ * 22#""%% !4. ?1@ An appeal co ittee a"0 after hearing an appeal0 confir 0 revo/e or var" an order ade b" the .irector ,eneral %nder section 350 a decision ade b" the .irector ,eneral %nder s%bsection 5+?1@0 or an i prove ent or a prohibition notice iss%ed b" the .irector ,eneral %nder section 4'. ?2@ An appeal co ittee shall decide and co a/ing the appeal. %nicate e1peditio%sl" its decision to the person

D%*#.# ' 1 &))%&$ * 22#""%% !5. <he decision of an appeal co in an" co%rt. ittee shall be final and concl%sive and shall not be 4%estioned

PART XIV REGULATIONS R%,4$&"# '. !!. ?1@ <he *inister a" a/e reg%lations for or with respect to the safet"0 health and welfare of persons at wor/ in order to achieve the objects of this Act. ?2@ In partic%lar and witho%t prej%dice to the generalit" of s%bsection ?1@0 s%ch reg%lations a"?a@ reg%late or prohibit?i@ the an%fact%re0 s%ppl" or %se of an" plantB ?ii@ the an%fact%re0 s%ppl"0 storage0 transport or %se of an" s%bstanceB and ?iii@ the carr"ing on of an" process or the carr"ing o%t of an" operationB ?b@ prescribe the re4%ire ents with respect to the design0 constr%ction0 g%arding0 siting0 installation0 co issioning0 e1a ination0 repair0 aintenance0 alteration0 adj%st ent0 dis antling0 testing0 ar/ing or inspection of an" plantB

29

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?c@ prescribe the re4%ire ents with respect to the e1a ination0 testing0 anal"sis0 labelling or ar/ing or an" s%bstanceB ?d@ prescribe the ti e and the anner in which e plo"ers or other specified persons are re4%ired to e1a ine0 te1t0 anal"se0 label or ar/ an" s%bstanceB ?e@ prescribe the re4%ire ents to abstain fro eating0 drin/ing or s o/ing in an" circ% stances involving ris/ of absorption of an" s%bstance or ris/ of inj%r" or poisoning arising o%t of the %se of an" s%bstanceB ?f@ prescribe the re4%ire ents with respect to the instr%ction0 training and s%pervision of persons at wor/B ?g@ prescribe the proced%re for e plo"ers to notif" an" accident0 dangero%s occ%rrence0 occ%pational poisoning or occ%pational diseaseB ?h@ prescribe the arrange ents to be ade with respect to the ta/ing of an" action or preca%tion to avoid0 or in event of0 an" accident or dangero%s occ%rrenceB ?i@ prohibit or re4%ire the ta/ing of an" action in the event of an" accident or dangero%s occ%rrenceB ?j@ prescribe the re4%ire ents with respect to the provision and %se in specified circ% stances of protective clothing or e4%ip ent and resc%e e4%ip entB ?/@ prescribe the standards in relation to the %se of0 incl%ding standards of e1pos%re to0 an" ph"sical0 biological0 che ical or ps"chological ?l@ reg%late and re4%ire the onitoring b" e plo"ers or occ%piers of conditions at a place of wor/ incl%ding the health of their e plo"eesB ? @ sec%re the provision of ade4%ate welfare facilities b" e plo"ers for persons at wor/B ?n@ re4%ire the e plo"ers to /eep and preserve records and other doc% entsB ?o@ prescribe the co position0 powers0 f%nctions and proced%res of safet" and health co ittees and reg%late the election or appoint ent of e bers of the co ittees and other related attersB ?p@ prescribe the anner of holding in4%iries %nder section 33 and of hearing appeals %nder section 3! or 5+B ?4@ prescribe the fees pa"able or chargeable for doing an" act or providing an" service for the p%rposes of this Act or an" reg%lation ade there%nderB ?r@ prescribe the offenses which a" be co po%nded and the ethod and proced%re to be co plied with>

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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?s@ prescribe the re4%ire ents for engaging a the registration of the edical officerB

edical officer and the proced%res for

?t@ prescribe the re4%ire ents for e plo"ing a safet" and health officer0 the training re4%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 e1pedient or necessar" for the better carr"ing o%t of the Act. PART XV MISCELLANEOUS D4"3 " 5%%) .%*!%" !#. ?1@ Save for an in4%ir" %nder this Act or in an" co%rt proceedings relating to the co ission 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 co ercial secret which has co e to his /nowledge or which he has ac4%ired while perfor ing his d%ties %nder this Act. ?2@ A person who contravenes the provision of this section shall be g%ilt" of an offence and shall0 on conviction0 be liable to a fine not e1ceeding twent" tho%sand ringgit or to i prison ent for a ter not e1ceeding two "ears or to both. SCHEDULES FIRST SCHEDULE ?S%bsection 1?2@@ 1. 2. 3. 4. 5. *an%fact%ring *ining and J%arr"ing $onstr%ction Agric%lt%re0 2orestr" and 2ishing 5tilitiesB ?a@ (lectricit"B ?b@ ,as> ?c@ EaterB and ?d@ Sanitar" Services !. <ransport0 Storage and $o %nication

31

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

#. '. ). 1+.

Eholesale and 8etail <rades 9otels and 8esta%rants 2inance0 Ins%rance0 8eal (state and 6%siness Services P%blic services and Stat%tor" A%thorities SECOND SCHEDULE ?Section 1+@

1. 2.

<he e bers of the $o%ncil shall hold office for a ter of three "ears or for s%ch shorter period as the *inister a" specif" and shall be eligible for reappoint ent for a1i % of two ter s. ?1@ A e ber of the $o%ncil a" at an" ti e?a@ resign fro the $o%ncil b" a notice in writing to the *inister> or ?b@ be re oved fro s%fficient ca%se0 the $o%ncil b" the *inister for per anent incapacit" or other

and %pon s%ch resignation or re oval the ter for which he was appointed shall be dee ed to have e1pired. ?2@ Ehere an" 4%estion arises as to whether an" incapacit" or ca%se e1ists or whether an" incapacit" is te porar" or per anent or an" ca%se is s%fficient0 the decision of the *inister shall be final. 3. ?1@ <he following persons shall be dis4%alified fro being appointed to or being e bers of the $o%ncilB ?a@ a person who has been fo%nd or is declared to be of %nso%nd indB ?b@ a ban/r%ptB ?c@ a person who has been convicted of an" offence involving fra%d0 dishonest" or oral t%rpit%de0 or an" offence relating to occ%pational safet" and health %nder an" law ade there%nderB or ?d@ a person who is otherwise %nable or incapable of perfor ing the f%nctions as a e ber of the $o%ncil. ?2@ A e ber of the $o%ncil appointed %nder s%bsection )?1@ shall cease to be a e ber ?a@ if he fails to attend three consec%tive per ission in writing of the $hair anB eetings of the $o%ncil witho%t the

32

LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

?b@ if he beco es dis4%alified %nder s%bparagraph ?1@B or ?c@ if his appoint ent is revo/ed b" the *inister. 4. ?1@ <he *inister shall s% on the first eeting of the $o%ncil and thereafter the $o%ncil shall eet not less than once in three onths at s%ch place as the $hair an a" appoint. ?2@ <he $hair an shall call a eeting of the $o%ncil on the re4%est of an" two e bers of the $o%ncil and s%ch re4%est shall be in writing with the reason therefor. ?3@ At an" eeting of the $o%ncil the $hair an shall preside0 and in his absence the e bers shall elect one of their n% bers to preside over the eeting. ?4@ <he 4%or% of the $o%ncil shall be si1. ?5@ If on an" 4%estion to be deter ined b" the $o%ncil there is an e4%alit" of votes0 the $hair an or0 in the case where the $hair an is absent0 the e ber presiding over the eeting0 shall have a casting vote. ?!@ S%bject to s%bparagraphs ?3@0 ?4@ and ?5@ the $o%ncil shall deter ine its own proced%re. ?#@ <he $o%ncil shall ca%se proper records of its proceedings to be /ept. 5. !. <here shall be paid s%ch allowances to e bers of the $o%ncil for attending eeting of the $o%ncil as the *inister a" deter ine. A e ber of the $o%ncil who has a pec%niar" interest whether direct or indirect in an" atter to be considered b" the $o%ncil shall declare the nat%re of that interest at ever" eeting at which the atter is considered. 3o e ber of the $o%ncil shall inc%r an" personal liabilit" for an" loss or da age ca%sed b" an" act or o ission in ad inistering the affairs of the $o%ncil %nless the loss or da age was occasioned intentionall" or thro%gh rec/lessness or gross negligence. THIRD SCHEDULE ?Paragraph 2' ?1@?d@@ Occ%pations Involving Special 8is/ to 9ealth 1. An" occ%pation involving the %se or handling of0 or e1pos%re to0 the f% es0 d%st or vapo%r of silica0 asbestos0 raw cotton d%st0 lead0 erc%r"0 arsenic0 phosphor%s0 carbon bis%lphide0 ben&ene0 organic-phosphate0 nitro%s f% es0 cad i% 0 ber"lli% or pesticides . An" occ%pation involving the %se or handling of0 or e1pos%re to0 tar. pitch0 bit% en0 ineral oil incl%ding paraffin0 chro ate acid0 chro ate or bichro ate of a oni% 0 potassi% 0 &inc or sodi% .

#.

2.

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LAWS OF MALAYSIA - Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994

3. 4.

An" occ%pation involving e1pos%re to 1-ra"s0 ioni&ing particles0 radi% or other radioactive s%bstances or other for s of radiant energ". An" occ%pation or process carried on in co pressed air.

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