HISTORY AND DEVELOPMENT OF THE DEPARTMENT OF

OCCUPATIONAL SAFETY AND HEALTH (DOSH) IN MALAYSIA

Introduction
Malaysia is made up of Peninsula Malaysia in the West and the states of Sabah and Sarawak in the
north-eastern coastal area of Borneo Island. It is one of the developing countries in South East Asia.
The South China Sea separates the two regions. She gained independence from the British on 31
August 1957. Singapore, Sabah and Sarawak joined Malaysia in 1963. Singapore however declared
its independence from Malaysia in 1965 to form a Republic.
Malaysia consists of 13 states and 2 federal territories, namely Kuala Lumpur and Labuan. The 13
states are Perlis, Kedah, Penang, Perak, Selangor, Negeri Sembilan, Malacca, Johore, Pahang,
Terengganu, Kelantan, Sarawak and Sabah.
The population of Malaysia is multi-racial, multicultural, multi-religious and multi-lingual. The estimated
population of Malaysia in 1995 is about 20 million and the estimated total workforce is about 8.1
million with an unemployment rate of about 4.5 % (Sixth Malaysia Plan, 1991-1995). The department
entrusted to enforce legislation on occupational safety and health is the Department of Occupational
Safety and Health (DOSH) which is a department under the Ministry of Human Resources.
Occupational safety and health practice in Malaysia started more than a century ago, although the
Department was not in existence then.
The history and development of the department could be described under 4 eras, viz.
a)
pre 1914 -- era of boiler safety;
b)

1914 to 1952 -- era of machinery safety;

c)

1952 to 1970 -- era of industrial safety;

d)

1970 to 1994 -- era of industrial safety and hygiene; and

e)

Post 1994 -- era of occupational safety and health.

Pre 1914 -- The Era of Boiler Safety

Occupational safety practice is believed to have started in this country with the appointment of an
Englishmen William Givan as an Inspector of Machines in 1878. He was appointed to inspect the
condition of steam boilers that were used to pump water at the tin mines in Larut (Tin was first
discovered by Long Jaafar in Larut, Perak in the year 1848). The government of the state of Perak,
probably around 1890, instituted a system whereby private persons were granted licences to act as
boiler surveyors. The boiler surveyors were empowered to charge $12 for a complete inspection of a
boiler and $5 for a steaming inspection. (Machinery Department's file)
There were 83 steam boilers operating in Perak in 1892. All the boilers, except 6 used in sugar mills,
were used to pump mines. The boiler surveyor system probably ended in 1900 with the appointment
of Mr. C. Fincham as Inspector of Boilers.
The first boiler legislation was probably the Selangor Boilers Enactment of 1892 that was followed by
another in 1898. In Perak the first steam boilers enactment was introduced in 1903. All four Federated
Malay States (FMS), i.e., Selangor, Perak, Pahang and Negri Sembilan enacted boiler legislation in

1908. These legislations on boilers were only enforced until 1914 when the 1908 legislation was
repealed and replaced with the Federal Machinery Enactment of 1913.
The Department of Mines was until 1914 concerned only with boilers and with the examination of
persons working on boilers.

1914 to 1952 -- The Era of Machinery Safety

The Machinery Enactment of 1913 was enforced from 1st. January, 1914. The four Steam Boiler
Enactment of the four Federated Malay States were repealed. The title of Inspectors of Boilers was
done away with and provision made for Inspectors of Machinery and Assistant Inspectors of
Machinery. This Enactment requires the inspectors not only to inspect boilers but also to inspect other
machinery such as internal combustion engines and water turbines and the installations of machines
attached thereto. The 1932 Machinery Enactment, which replaces the 1913 Enactment, enhances the
scope of coverage by including the registration and inspection of machinery installations. Lifts'
inspection by Inspectors was included following an amendment to the 1932 Enactment.
The Inspectors of Machinery were all the while placed under the Machinery Branch of the Mines
Department. In 1920 there were 3 branch offices and a federal (FMS) office with a total of 8
appointments (as Inspectors or Assistant Inspectors of Machinery). The branch offices were in
Taiping, Batu Gajah (both in Perak) and Kuala Lumpur (in Selangor as the Federal Territory was not
in existence). The federal (head) office was in Kuala Lumpur. The inspections in Negri Sembilan and
Pahang were carried out by Inspectors from Kuala Lumpur. Inspections in Negri Sembilan were
conducted by inspectors from the Seremban (capital of the state of Negri Sembilan) office starting
from 1921. In Perak the Batu Gajah office was closed when the Ipoh office started to operate in 1922.
Another office was opened in Tapah, Perak in 1928.
The control of steam boilers in the states of Singapore, Malacca and Penang (then known as the
Straits Settlement) was brought about at least from 1921 when the Straits Settlements legislation was
in force. It remained in force until 1953 in Malacca and Penang, and was only repealed in Singapore
by a Factories Ordinance in 1958. (Machinery Department's file)
In Kedah a legislation to provide for the inspection of boilers was enacted only in 1933. This
legislation was administered by the State Engineers and inspections were carried out by the Works
Assistant. Johore introduced legislation for the control of machinery in 1921. Perlis, Terengganu and
Kelantan had no legislation.
This era saw the widening of the inspectors' scope of coverage for safety inspections, from inspecting
steam boilers to inspecting internal combustion engines, passenger lifts and machinery installations.
The inspectors were up to 1952 concerned with the inspection of machinery.

1953 to 1967 -- The Era of Industrial Safety

After the Second World War, the Machinery Branch remained part of the Mines Department until
1952, except for a brief period when it was attached to the Public Works Department. The Machinery
Branch was separated from the Mines Department and named the Machinery Department in 1952.
The separation from the Mines Department was necessary as many inspections were made outside
the mining industry.
The Machinery Ordinance was in force from 1953. All the enactments made by the Federated Malay
States, Johore, Kedah and the Straits Settlement (as far as Penang and Malacca were concerned)
were repealed together with any rules made under the Johore, Kedah and Straits Settlement. The
2

FMS rules however remained in force and applied to all the territories comprising the Federation of
Malaya (which also includes Kelantan, Perlis and Terengganu).
With the passage of the 1953 Ordinance, the concern was no longer on boilers or machinery safety
but also on the safety of workers in factories where machinery is being used. The main provisions of
the Ordinance were:
a)
that there shall be a Board of Examiners, with powers to hold examinations and issue
certificates of competency;
b)

that regulations may be made;

c)

that machinery shall not be operated without a certificate of fitness;

d)

that qualified persons shall be in charge of machinery;

e)

that machinery shall be inspected periodically;

f)

that permission of an Inspector shall be required before machinery is idled or altered;

g)

that accidents, both to persons and property, in connection with machinery shall be reported,
and investigated;

h)
i)

that no person shall act in a manner likely to cause injury to another or tamper with safety
devices;
that machinery that do not comply with the regulations, shall no be sold or let or hire; and

j)

that Inspectors shall have powers enter premises and to render inoperative unsafe machinery.

This legislation was concerned with the safety of workers in work places where machinery is used. It
was still lacking in the health aspects of workers although the Safety Health and Welfare Regulations
made under the Ordinance do specify certain requirements pertaining to industrial health practices.
These requirements include the use of protective clothing, the availability of first aid materials and
arrangements for the extraction of dust and fumes. This Ordinance was in force until 1970 when it
was repealed by the Factories and Machinery Act.
In 1964 there were 756 boilers, 4,537 unfired pressure vessels, 981 hoisting machines and 11,366
other installations. The field staff are made up 10 Inspectors of Machinery who are mechanical
engineers, 5 Machinery Assistants who are engineering diploma holders and 9 Inspectors of Factories
(Chief Inspector of Machinery, 1969).
The Inspectors during this era were only concerned with the safety of workers in factories where
machinery is being used.

1968 to 1994 -- The Era of Industrial Safety and Hygiene

The Factories and Machinery Act was passed by Parliament in 1967. This Act was enacted to amend
legislations pertaining to the inspection of machinery and matter related thereto; and to address the
following weaknesses of the 1953 Ordinance:
a)
scope of coverage did not extend to workplaces or factories where machinery are not in use;
and
b)

lack of provisions on workers' health.

The object of the Act is to provide for and control factories with respect to the safety, health and
welfare of workers therein. Factories are places of work (for purpose of business or gain and where
3

certain processes are being carried out) where 5 or more workers are employed. Factories also
include all work places where machinery is being used including building construction and engineering
works sites. In Peninsula Malaysia, the enforcement of this Act together with the Regulations made
under it in came about only in 1970. In Sabah and Sarawak, the enforcement of this Act was
suspended until 1980.
Safety promotion activities by the Department such as issuing publications including booklets and
posters on accident prevention; giving talks and lectures in various centres; and showing safety films
to people in industry started in 1967.
The Department undergoes a reorganisation exercise in 1968. This involved the redefining of duties
and functions of officers, the reorganisation of administrative methods, filing systems and the closing
of four small branch offices in Rawang, Taiping, Tapah and Muar. In the same year the Department
was administered by totally Malaysian staff. The first non-British Chief Inspector of Machinery was the
late Abdul Aziz bin Ahmad who was a mechanical engineer seconded from the Public Works
Department. The field staff then was 5 Inspectors of Machinery, 6 Machinery Assistants and 13
Inspectors of Machinery. In that year there were was 862 boilers, 6,445 unfired pressure vessels,
1,805 hoisting machines and 13,574 other installations.
An Industrial Health Unit was formed and headed by a medical officer seconded from the Ministry of
Health in 1968. This Unit was formed under the then Labour Ministry (the Ministry of Human
Resource) but was put under the supervision of the Machinery Department. The medical officer was
assisted by 6 medical assistants to carry out industrial health activities (Ministry of Labour, 1968). This
Unit however did not stay long in the Labour Ministry. It was put under the administration of the Health
Ministry in 1971 (Ministry of Labour, 1970) until today.
The Factories and Machinery Act of 1967 together with 8 Regulations made under it was enforced
from 1970. With the enforcement of this Act the 1953 Ordinance was repealed. The Department was
then known as the Factories and Machinery Department. Inspectors were gazetted as Inspectors of
Factories and Machinery while the head of the Department was gazetted as the Chief Inspector of
Factories and Machinery.
A Pollution Control Division was set up in the Department in 1971. The activities carried out by this
Division includes collecting general air samples around industrial areas and investigation of
complaints pertaining to air pollution. This Division however was dissolved in 1975.
An Industrial Hygiene Unit was formed in 1975 to start industrial hygiene activities. Its activities were
focused on the sampling of workplace contaminants such as lead fumes, paint solvent vapour, vinyl
chloride monomer; and measurements of noise levels and heat stress. This Unit was upgraded to a
Division in 1980. This Division was headed by a qualified Industrial Hygienist (among the earliest
Inspectors to have gone for postgraduate studies at Masters level). Among the activities of this
Division was the carrying out of industrial hygiene inspections; monitoring of worker's exposure to
health hazards; carrying out lung function tests; conducting noise and hearing surveys; and
formulating guidelines and regulations on industrial hygiene (and health) practices.
A nationwide noise survey was conducted from 1983 to 1989. A total of 302 factories were surveyed
and more than 45,000 workers were audiometrically tested. The finding of this survey was the basis
for the Noise Exposure Regulations. The Regulations promulgated were the Factories and Machinery
(Lead) Regulations, 1984; the Factories and Machinery (Asbestos Process) Regulations, 1986; the
Factories and Machinery (Mineral Dust) Regulations, 1989 and the Factories and Machinery (Noise
Exposure) Regulations, 1989.

Petroleum safety activities in the Department started with the formation of the Petroleum Safety
Division in 1985. This Division was set up so as to enforce part of the Petroleum Safety Act of 1984
with respect to matters pertaining to the transmission of petroleum by pipeline, the reticulation and
storage of petroleum and related equipments. A specific Regulations made under the 1984 Act, which
has been enforced by the Department is the Petroleum (Safety Measures) (Transportation of
Petroleum by Pipeline) Regulations 0f 1985.
Training activities started in 1987 with the assistance of an expert from the International Labour
Organisation (ILO). Safety and health training was conducted on Inspectors, workers, managerial
staff, and private safety and health personnel. Training programme was organised together with
various associations such as workers' unions, manufacturers or employers' associations, and trade
associations.
The ILO designated the Department as one of the national Occupational Safety and Health
Information Centre (C.I.S Centre) in 1988. This Centre was set up to disseminate information on
occupational safety and health to customers requiring information, especially information on the safe
use of chemicals.
In wake of the Bhopal incident, the Department started an activity to identify hazardous installations in
the country. A nationwide survey was conducted in 1985 to identify major accident hazards'
installations in this country (Factories and Machinery Department, 1989/1990). The Major Hazards
Division was however formed in 1991. The Occupational Safety and Health (Control of Industrial
Major Accident Hazards) Regulations was gazetted in February of 1996.

The Department went through a reorganisation exercise in 1993. Through this reorganisation the
Department was divided into 6 main functions. These functions were:
a)
Industrial Safety;
b)

Industrial Health;

c)

Major Hazards;

d)

Coordination and Planning;

e)

Administration; and

f)

Enforcement.

The first five functions are to be performed by the Headquarters under respective Divisions, while
enforcement of safety and health legislations is to be carried out by the eleven State Offices in the
country. The Headquarters however does enforce certain legal requirements and the State Offices do
have administrative officers to carry out administration work. This new structure was effective from
1st. January 1993.
With this reorganisation the Design Division and the Petroleum Safety Division were dissolved and
their functions incorporated into the Industrial Safety Division. The Industrial Hygiene Division was
dissolved to make way for the Industrial Health Division. A new Division named the Coordination and
Planning Division was created to look after the functions of information collection and dissemination,
training of inspectors, promoting safety and health practices, and collection and analysis of industrial
accident and disease statistics.

The proposal for the setting up of an institute for occupational safety and health was put forward by
the Department in 1985 to the National Safety Advisory Council. The setting up of this institute was
agreed by the Cabinet (the highest decision-making body in this country) in 1991. The National
Institute of Occupational Safety and Health (NIOSH) was officially launched by the Minister of Human
Resources in December 1992. NIOSH occupy its own building in Bangi in May 1996. The Institute
was formed as a government company. Its goal is to be the centre of excellence in occupational
safety and health training; collection and dissemination of information; research; and providing
occupational safety and health services.

Post 1994 -- Era of Occupational Safety and Health

A new legislation on occupational safety and health was enacted in 1994. The Occupational Safety
and Health Act (OSH Act) was passed by Parliament in 1993 and gazetted in February of 1994. This
legislation was enacted in view of fact that the safety and health of workers in economic sectors other
than the manufacturing; mining and quarrying; and construction sectors were not addressed. The
workers covered under the Factories and Machinery Act of 1967 was only about 24% of the total
workforce in this country. With the passing of this new Act the coverage is estimated to be about 90%
as the Act exempts those in the Armed Forces and those working on board ships.
The OSH Act is an enabling act with the aim of promoting safety and health awareness, and establish
effective safety organisation and performance. This is brought about through self- regulation schemes
designed to suit the particular industry or organisation. The Act, consisting of 15 parts, is to
complement the existing Factories and Machinery Act of 1967. In the event of any conflicts, the
provisions of the new Act shall prevail.
The OSH Act defines general duties of employers, manufacturers, employees, the self-employed,
designers, formulators, importers and suppliers. Although these duties are of a general character,
they are very demanding, carrying a wide-ranging set of responsibilities. The Act also provides for the
appointment of enforcement officers; establishment of a National Council for Occupational Safety and
Health; and the formulation of organisation's policy and arrangements to secure the safety, health and
welfare of people at work and protect other people against risks posed by work activities. Safety and
health organisation are another important provision under this Act. Powers of enforcement and
investigation, and liabilities for offences are also explained in the Act.
With the passing of this Act, the Department came to be known as the Department of Occupational
Safety and Health (DOSH) effective from April of 1994, and the Inspectors are now also known as
Occupational Safety and Health Officers (OSH Officers).

Conclusion
Occupational safety and health practice in this country have begun at the end of the last century. It
started with the concern on boiler safety, and then on machinery safety. This was followed by
industrial safety, industrial safety and health, and finally to cover aspects of safety and health in all
occupations. The role of the Department changes with the passing of the various legislations that
characterised the various eras.