If you work in a Malaysian workplace — as an employer, a manager, a safety officer, or an employee — the Occupational Safety and Health Act 1994 (OSHA 1994, Act 514) applies to you. Yet for a law that governs the safety of millions of workers, it remains surprisingly misunderstood. Most people know it exists. Far fewer know what it actually requires, who it covers, and what the consequences of getting it wrong now look like.
This guide cuts through the legal language and gives you a clear, practical picture of what OSHA 1994 means for your workplace in 2024 and beyond — including the significant changes that took effect with the 2022 amendments.
What Is the Occupational Safety and Health Act 1994?
OSHA 1994 (Act 514) is Malaysia’s principal legislation governing workplace safety and health. It was enacted to promote and encourage high standards of safety, health and welfare at work. It places legal duties on employers, self-employed persons, designers, manufacturers, suppliers, and employees — and it is administered and enforced by the Department of Occupational Safety and Health (DOSH) under the Ministry of Human Resources.
Since its original enactment, the Act has undergone its most significant update with the Occupational Safety and Health (Amendment) Act 2022 (Act A1648), which came into full effect on 1 June 2024. The amendments substantially expand who the law covers, what it requires, and how severely it penalises non-compliance.
“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.” — OSHA 1994, Section 15
Who Does OSHA 1994 Cover?
This is one of the most important changes brought by the 2022 amendment. Previously, OSHA 1994 applied to specific industries listed in the First Schedule — primarily manufacturing, mining, construction, utilities, and selected services. Large portions of the public sector and certain industries were excluded.
From 1 June 2024, OSHA 1994 applies to all workplaces in Malaysia, including the public sector. There are very limited exceptions. If you operate a workplace — any workplace — the Act applies to you.
Core Duties Under OSHA 1994
Employers and Self-Employed Persons (Section 15–16)
The primary duty is to ensure, so far as is practicable, the safety, health and welfare of all employees. This includes providing and maintaining safe plant and systems of work, ensuring safe use, handling, storage and transport of substances, providing necessary information, instruction, training and supervision, maintaining a safe place of work with safe access and egress, and providing adequate welfare facilities.
Mandatory Risk Assessment — New Section 18B (from 2022 Amendment)
One of the most consequential additions from the 2022 amendment is Section 18B, which now requires all employers, self-employed individuals, and principals to conduct a formal risk assessment to identify and address safety and health risks arising from their activities at the workplace. This is no longer optional guidance — it is a legal obligation. Your HIRARC (Hazard Identification, Risk Assessment and Risk Control) process must now be documented and defensible.
Designers, Manufacturers and Suppliers (Section 18–20)
Those who design, manufacture, import or supply plant or substances for use at work have duties to ensure their products are safe and to provide adequate safety information. This matters for procurement teams and supply chain managers.
Employees (Section 24–25)
Employees are not passive recipients of safety. Under OSHA 1994, employees have a duty to take reasonable care of their own safety and the safety of others who may be affected by their acts or omissions. They must also cooperate with their employer on safety matters and must not interfere with or misuse safety equipment.
Safety and Health Officer (SHO)
Workplaces that meet certain thresholds are required to appoint a registered Safety and Health Officer. The requirement varies by industry and workforce size — check the specific regulations applicable to your sector with DOSH.
Safety and Health Committee
Workplaces with 40 or more employees are generally required to establish a Safety and Health Committee. The committee plays a critical role in promoting cooperation between employer and employees on safety matters.
Penalties: What Non-Compliance Actually Costs
The 2022 amendments dramatically increased the penalties under OSHA 1994. The era of low-consequence non-compliance is over. Here is what employers now face:
- Failure to ensure safety, health and welfare of employees: Fine up to RM500,000, or imprisonment up to 2 years, or both
- Non-compliance with an Improvement Notice or Prohibition Notice issued by DOSH: Fine up to RM500,000, or imprisonment up to 2 years, or both
- Failure to establish a required Safety and Health Committee: Fine up to RM100,000, or imprisonment up to 1 year, or both
- Failure to appoint a required Safety and Health Officer: Fine up to RM50,000, or imprisonment up to 6 months, or both
These are not theoretical maximum figures. DOSH has the authority to prosecute and is increasingly active in doing so, particularly following serious incidents.
Key Regulations Under OSHA 1994
OSHA 1994 is an enabling Act — it sets the framework, and specific technical requirements are contained in subsidiary regulations made under it. The most important include:
- USECHH Regulations 2000 — Use and Standards of Exposure of Chemicals Hazardous to Health
- BOWEC Regulations 1986 — Building Operations and Works of Engineering Construction
- Safety and Health Committee Regulations 1996
- NADOPOD Regulations 2004 — Notification of Accidents, Dangerous Occurrences, Occupational Poisoning and Occupational Diseases (covered in our DOSH Reporting guide)
- Safety and Health Officer Regulations 1997
Practical Steps for Compliance
- Conduct or update your HIRARC. Section 18B makes this a legal requirement. Your risk assessment must be documented, reviewed regularly, and acted upon.
- Check if you need a Safety and Health Officer. With expanded coverage, many organisations that were previously outside the Act’s scope now need to assess this requirement.
- Establish or formalise your Safety and Health Committee if you have 40 or more employees — and ensure it meets regularly with documented minutes.
- Train your people. Employers have a duty to provide adequate instruction, training and supervision. This is both a legal obligation and your best investment in preventing incidents.
- Know your DOSH obligations. Understand what accidents and occurrences must be reported, and how. (See our full guide to DOSH Reporting Requirements.)
Cikgu Barrier’s Take
The 2022 amendments to OSHA 1994 are the most significant change to Malaysia’s workplace safety legal landscape in a generation. The expansion to cover all workplaces and the introduction of mandatory risk assessment under Section 18B mean that the question is no longer whether your organisation is covered — it is whether you are compliant.
The increased penalties send a clear message: Malaysian employers are now expected to treat workplace safety as a genuine legal obligation, not a box-ticking exercise. RM500,000 or two years in prison is not a fine you absorb. It is a consequence that changes businesses and lives.
At Cikgu Barrier, I help organisations understand not just what the law says, but what it means in practice on your site, with your workforce, in your industry. If you need guidance on HIRARC, Safety and Health Committee setup, or SHO obligations, visit cikgubarrier.com or explore our training programs.