Akta Keselamatan dan Kesihatan Pekerjaan 1994
Applies to: Federal Act — see s 1 (Short title and application) · Official text ↗
- Applies to all places of work throughout Malaysia, including public services and statutory authorities (s 1(2)).
- Excludes work specified in the First Schedule (s 1(3)).
- Defines key terms such as 'employer', 'employee', 'place of work', and 'plant' (s 3(1)).
- Imposes a general duty on employers to ensure safety, health, and welfare of employees (s 15(1)).
- Imposes a duty on employees to take reasonable care for their own and others' safety (s 24(1)(a)).
- Allows employees to remove themselves from imminent danger (s 26A(1)).
- Prohibits discrimination against employees who report safety issues (s 27(1)).
- Requires employers to notify accidents and dangerous occurrences (s 32(1)).
- Empowers officers to serve improvement and prohibition notices (s 48(1), s 48(2)).
- Provides for appeals against notices issued by officers (s 50(1)).
What this law is
The Occupational Safety and Health Act 1994 (Akta Keselamatan dan Kesihatan Pekerjaan 1994) is numbered Act 514 in the Laws of Malaysia. Where it applies is set out in section 1 (Short title and application).
Its long title, as printed in the official text: 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.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–4)
- Part II — Appointment of officers, independent inspecting body and licensed person (ss 5–7D)
- Part III — National council for occupational safety and health (ss 8–14)
- Part IV — General duties of employers, self-employed persons and principal (ss 15–19)
- Part V — General duties of designers, manufacturers and suppliers (ss 20–23)
- Part VI — General duties and rights of employees (ss 24–27)
- Part VIA — Notification of occupation of place of work, installation and inspection of plant, etc. (ss 27A–27G)
- Part VII — Safety and health organizations (ss 28–31A)
- Part VIIA — Competent person and registered training provider (ss 31B–31F)
- Part VIII — Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry (ss 32–34A)
- Part IX — Prohibition against use of plant or substance (ss 35–36)
- Part X — Industry codes of practice (ss 37–38)
- Part XI — Enforcement and investigation (ss 39–50)
- Part XII — Liability for offences (ss 51–62)
- Part XIII — Appeals (ss 63–65)
- Part XIV — Regulations (s 66)
- Part XV — Miscellaneous (ss 67–67B)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Appeal to the Director General against a notice under section 48 | within thirty days from the date of such notice | s 50(1) |
| Appeal to an appeal committee against a decision of the Director General | within thirty days from the date of the decision | s 50(2) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Contravening the Act or its subsidiary legislation where no penalty is expressly provided | fine not exceeding one hundred thousand ringgit or imprisonment not exceeding one year or both | s 51 |
| Continuing offence after conviction | fine not exceeding two thousand ringgit for every day or part of a day during which the offence continues after conviction | s 51 |
Laws cited on this page
| Act 514 | Occupational Safety and Health Act 1994 Akta Keselamatan dan Kesihatan Pekerjaan 1994 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1 | The Act applies to all places of work throughout Malaysia, including public services and statutory authorities, but does not apply to work specified in the First Schedule. |
| s 3 | Defines key terms used in the Act, such as 'employer', 'employee', 'place of work', 'plant', and 'substance'. |
| s 15 | Requires every employer to ensure, so far as is practicable, the safety, health, and welfare at work of all their employees, including providing safe plant, training, and a safe working environment. |
| s 24 | Requires every employee to take reasonable care for their own safety and that of others, co-operate with the employer, wear provided protective equipment, and comply with safety instructions. |
| s 26A | Gives an employee the right to remove themselves from a place of work if they have reasonable justification to believe there is an imminent danger and the employer fails to remove it. |
| s 27 | Prohibits employers and trade unions from dismissing, injuring, or altering the position of an employee to their detriment for making safety complaints or serving on a safety committee. |
| s 32 | Requires employers to notify the nearest occupational safety and health office of any accident, dangerous occurrence, occupational poisoning, or occupational disease. |
| s 48 | Allows an officer to serve an improvement notice requiring measures to remove a danger, or a prohibition notice stopping the use of a place of work or plant if there is immediate danger. |
| s 50 | Allows a person aggrieved by a notice under section 48 to appeal to the Director General within thirty days, and then to an appeal committee if dissatisfied with that decision. |
| s 51 | Contravening the Act or its subsidiary legislation is an offence; where no penalty is expressly provided, the penalty is a fine not exceeding one hundred thousand ringgit or imprisonment not exceeding one year or both, plus up to two thousand ringgit a day for a continuing offence after conviction. |
| s 52 | Provides that if a company or other body commits an offence, its directors, managers, or other officers may be charged and deemed guilty unless they prove they took all reasonable precautions to prevent the offence. |
| s 63 | Requires the Minister to appoint appeal committees to consider appeals made under section 50, consisting of a Chairman and two other persons with relevant experience. |
Worked examples
Facts. Ahmad works in a factory in Kuala Lumpur. He notices that a machine's guard is broken and reports it to his supervisor, but no action is taken. The next day, the machine causes a serious injury to a colleague.
The law. The employer has a duty to ensure the safety of plant (s 15(2)(a)). Ahmad has a duty to take reasonable care for the safety of others (s 24(1)(a)). The employer must notify the accident (s 32(1)).
Outcome. The employer may be liable for failing to ensure safe plant (s 15(1)). Ahmad is protected from discrimination for reporting the issue (s 27(1)(a)). The employer must notify the accident (s 32(1)).
Facts. Siti, a warehouse worker, tells her manager that a high stack of boxes is about to collapse onto the packing area. The manager does nothing, so she moves away from the area.
The law. After informing the employer that she has reasonable justification to believe there is an imminent danger, an employee may remove herself from the danger if the employer fails to act (s 26A(1)). She is then protected against undue consequences and must not be discriminated against (s 26A(2)).
Outcome. Siti acted within her rights and is protected (s 26A(2)). The employer's general duty to ensure safety so far as is practicable is also engaged (s 15(1)).
Facts. An officer visits a construction site in Johor and finds that a crane is not safe to use. The officer serves a prohibition notice on the site manager.
The law. The officer may serve a prohibition notice if the defect is likely to cause immediate danger (s 48(2)). The notice must state the reasons (s 48(3)(a)).
Outcome. The use of the crane is prohibited until the danger is removed (s 48(2)). The site manager may appeal to the Director General within thirty days (s 50(1)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who does this law apply to?
The Act applies to all places of work throughout Malaysia, including public services and statutory authorities (s 1(2)). It does not apply to work specified in the First Schedule (s 1(3)).
What are my duties as an employee?
You must take reasonable care for your own safety and that of others (s 24(1)(a)). You must co-operate with your employer, wear provided protective equipment, and comply with safety instructions (s 24(1)(b)-(d)).
Can I leave my job if I think it is dangerous?
Yes, if you have reasonable justification to believe there is an imminent danger and your employer fails to remove it, you have the right to remove yourself from the danger (s 26A(1)). You are protected against undue consequences (s 26A(2)).
Can my employer fire me for reporting a safety issue?
No, an employer shall not dismiss an employee or alter their position to their detriment for making a complaint about a matter they consider unsafe (s 27(1)(a)).
What happens if an officer issues a prohibition notice?
The use or operation of the place of work, plant, substance, or process is prohibited until the danger is removed (s 48(2)). You may appeal to the Director General within thirty days (s 50(1)).
What are the penalties for breaking this law?
Where no specific penalty is provided, a contravention is punishable by a fine not exceeding one hundred thousand ringgit or imprisonment not exceeding one year or both, and up to two thousand ringgit for each day a continuing offence continues after conviction (s 51). Directors and managers of a company that offends may be charged too (s 52).
All questions & answers → · Ask your own →
Sources
Related
Employment law: your rights at workEmployment Act 1955Employees' Social Security Act 1969