The document provides an introduction and overview of occupational safety and health law in Malaysia. It discusses the history and evolution of safety legislation dating back to 1844 in the UK. The Occupational Safety and Health Act of 1994 is the key legislation that aims to protect worker safety and health. It applies to various industries listed in the first schedule and places duties on employers to ensure a safe and healthy workplace for employees and visitors, as far as is reasonably practicable by considering factors like risk severity, cost and technical feasibility of implementing safety measures. The employer must formulate a safety policy, provide protective equipment and notify authorities of any accidents or diseases.

1. INTRODUCTION TO
OCCUPATIONAL SAFETY &
HEALTH LAW- A BRIEF
OVERVIEW
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2. 1.1. INTRODUCTION
• Occupational Safety and Health (OSH) – aims
at protecting the safety, health and welfare of
people engaged in work or employment.
• The goals :-
to foster a safe and healthy working environment.
protect co-workers, family members, employers,
customers and many others who might be
affected by the workplace
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3. 1.2. HISTORY
• The Evolution of OSH Legislation in Malaysia
1844 British legislation – specific safety and health
Piecemeal legislation and regulations for example
transporting machinery on the train
1972 Lords Roben “Committee of inquiry” –
Robens Report on OSH
Factories and Machinery Act (139) in 1967 - Part II
Safety, Health And Welfare – enforced 1970
Occupational Safety and Health Act (514) 1994
• Workplace Safety ? IMPORTANT? WHY??
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4. 1.3. The Occupational Safety & Health
Act 1994- (OSHA)
• Applied Throughout Malaysia - S. 1(2).
• Types of industries – S. 1(2) 1st Schedule.
• Exception - S. 1(3)
Board ships works (Merchant Shipping Ord 1952,
Merchant shipping Ord 1960 of Sabah or Sarawak.
Armed forces
• In cases of conflict / inconsistency with other
return law? – S. 2
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5. 1.3. The Occupational Safety & Health
Act 1994- (OSHA) (2)
FIRST SCHEDULE
Section 1(2)
1. Manufacturing
2. Mining and Quarrying
3. Construction
4. Agriculture, Forestry and Fishing
5. Utilities;
(a) Electricity;
(b) Gas:
(c) Water; and
(d) Sanitary Services
6. Transport, Storage and Communication
7. Wholesale and Retail Trades
8. Hotels and Restaurants
9. Finance, Insurance, Real Estate and Business Services
10. Public services and Statutory Authorities
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6. 1.4. SCOPE
“An Act to make further provisions for securing
the safety, health and welfare of persons at
work, for protecting others against risks to
safety or health in connection with the
activities of persons at work, to establish the
National Council for Occupational Safety and
Health, and for matters connected therewith.”
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7. 1.5. DUTIES : a. EMPLOYER
• General Duties:-
Ensuring safety, health & welfare at workplace of
all employees & visitors : S. 15
Formulating safety & health policy : S. 16
Providing safety measures towards workers for
free : S. 26
Notification of accident / disease : S. 32
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8. 1.5. DUTIES :
a. EMPLOYER (2)
• S. 15 :
“(1) It shall be the duty of every employer and every self-
employed person to ensure, so far as is practicable, the
safety, health and welfare at work of all his employees.”
• What is practicable? – subjective
• S. 3 : ‘Practicable’ refers to:-
 (a) the severity of the hazard or risk in question;
 (b) the state of knowledge about the hazard or risk and any way
of removing or mitigating the hazard or risk;
 (c) the availability and suitability of ways to remove or mitigate
the hazard or risk; and
 (d) the cost of removing or mitigating the hazard or risk;
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9. 1.5. DUTIES :
a. EMPLOYER (3)
• In England: Health and Safety at Work etc. Act 1974 : S.
2(1) “It shall be the duty of every employer to ensure,
so far as is reasonably practicable, the health, safety
and welfare at work of all his employees.”
• Case: Marshall vs Gotham Co. Ltd [1954] AC
300, HL: (the court gave consideration to several
factors such as cost, trouble(hardship) & time.)
• Therefore, although in the above case, the court
differentiated between the word ‘practicable’ and
‘reasonably practicable’, but as far as the OSHA 1994 is
concerned, it shall have the same meaning with the UK
Act because the interpretation given under S3 has
included all these elements.
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10. 1.5. DUTIES :
a. EMPLOYER (4)
Case : Edwards vs National Coal Board [1949] All ER 743 (CA):
“Reasonably practicable is a narrower term than ‘Physically possible’
and implies that a computation must be made […] in which the
quantum of risk is placed in one scale and the sacrifice involved in
the measures necessary for averting the risk (whether in time,
trouble or money) is placed in the other and that, if it be shown that
there is a great disproportion between them – the risk being
insignificant in relation to the sacrifice – the person upon whom the
obligation is imposed discharges the onus which is upon him.”
Asquith LJ
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