LETTERS: The amendments introduced by the Occupational Safety and Health (Amendment) Act 2022 (OSHA) were gazetted on March 16, 2022, and are expected to be enforced in the first quarter of 2023 after the lapse of the normal one-year grace period granted by the authorities.
OSHA has been amended to apply to all places of work, except for work of the armed forces, work onboard ships and work in private homes as domestic helpers.
Employers should take note that employees working from home are protected under OSHA.
It is imperative that employers and organisations know the details of the amendments so that they don't run afoul of the law. There are a few amendments that have immediate ramifications for employers and organisations if they are not complied with.
Among them are the duties of employers that are now extended to include contractors, subcontractors and their employees.
To ensure workers of the contractors perform work safely on the premises, it is mandatory for employers to conduct a Hazard Identification, Risk Assessment and Risk Control (HIRARC) on how the work is to be performed.
Companies that are excluded from engaging safety and health officers are subject to a statutory duty to appoint a safety and health coordinator at the workplace. Only organisations with fewer than five employees are exempted from this requirement.
To be a safety coordinator, the person must undergo a three-day safety training from accredited training providers. The person then registers with the Department of Occupational Safety and Health (DOSH) as a safety coordinator.
OSHA now allows employees to safeguard their safety and health.
They have the statutory right to remove themselves from the workplace if there is imminent danger of death or serious bodily injury to them.
However, they have to first inform employers about the danger. They could then remove themselves from the workplace if the employers fail to take action to remove the danger.
The above are some of the provisions with immediate ramifications on employers. On a longer term, employers and organisations have to embark on self-regulation on safety and health.
Self-regulation is the philosophy of OSHA 1994 from its inception.
Self-regulation is the controlling of a process or activity by the people and organisation rather than depending on the authorities.
The onus to implement self-regulation is placed on employers and employees. In this respect, DOSH is envisaged to issue guidelines and conduct seminars to help industries on implementation of self-regulation.
Employers should also note that OSHA will impose greater penalties compared with the old regime. Employers who breach their obligations will be liable to an increased fine of RM500,000, or imprisonment of two years, or both.
Furthermore, OSHA stipulates that every person who at the time of the commission of an OSHA violation is a director, manager, secretary or other equivalent officers of the corporation may be charged jointly in the same proceedings with the company.
In conclusion, employers and organisations have to stay abreast with the changes in OSHA.
Some may have to consult professionals to implement OSHA laws and regulations.
WONG SOO KAN
Petaling Jaya, Selangor
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times