XBLR 3103

OCCUPATIONAL SAFETY AND

HEALTH LEGISLATION
CHE HAZWANI BINTI CHE MANSOR
OPEN UNIVERSITY MALAYSIA
 eTutorial Notes 6
Occupational Safety and Health
Regulations and Order
• Simple Remarks on OSH (Classification, Labelling and Safety Data
Sheet of Hazardous Chemicals) Reg. 2013 (CLASS Regulations) that
replace OSH (Classification, Packaging and Labelling of Hazardous
Chemicals) Reg. 1997 (CPL Regulations).
• OSH (Safety and Health Officer) Reg. 1997
• OSH (Safety and Health Officer) Order 1997
 OCCUPATIONAL SAFETY AND HEALTH (CLASSIFICATION, PACKAGING AND LABELLING OF HAZARDOUS
CHEMICALS) REGULATIONS 1997

• The OSH (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Reg.
2013 (CLASS Regulations), under the OSHA 1994 (Act 514), have replaced the OSH
(Classification, Packaging and Labelling of Hazardous Chemicals) Reg. 1997 (CPL
Regulations). It was gazetted on 11th October 2013
• The CPL Regulations was previously used as a mechanism to control the supply of
hazardous chemicals to the workplaces in Malaysia and came into force on 15th April
1997. However, with the adoption of the Globally Harmonized System of Classification
and Labelling of Chemicals (GHS) worldwide, Malaysia has taken proactive measures to
implement the GHS at the workplace through the promulgation of the CLASS Reg. to
replace the CPL Reg.
• The main objective of the CLASS Regulations: to ensure suppliers of hazardous
chemicals provide sufficient information on hazards of chemicals that they supply, so as
to mitigate the risk of accidents happening in the workplace, thus providing a safe and
healthy working environment and condition.
• The responsibilities of suppliers as stated in the CLASS Regulations are to do the
classification, labelling, preparation of Safety Data Sheet, packaging and chemicals
inventory information submission. Suppliers are defined as persons who supply
hazardous chemicals, and include principal suppliers (that is, suppliers who formulate,
manufacture, import, recycle or reformulate hazardous chemical chemicals) and
subsidiary suppliers (that is, suppliers who repack, distribute or retail hazardous
chemicals).
 OSH (Safety and Health Officer) Regulation 1997

These Regulations are being formulated because it is important to:

a) Control high risk industries;
b) Enhance the level of occupational safety and health in the high risk industries;
c) Establish an excellent and systematic workplace safety management system; and
d) Enable employers to undertake work activities safely

Consist of 6 Parts:
a) PART 1: Preliminary
b) PART 2: Registration of a Safety and Health Officer
c) PART 3: Notification of a Safety and Health Officer
d) PART 4: Duties of an Employer
e) PART 5: Duties of Safety and Health Officers
f) PART 6: Miscellaneous
 OSH (Safety and Health Officer) Regulation 1997
PART 1: Preliminary
Interpretation (Reg. 2) - Interprets the terms used in the Regulations including:
Objectives of the topic
a) The objectives of the OSH(Safety and Health Officer) Reg. 1997;
b) List the 6 parts of the Regulations;
c) Explain the duties and responsibilities of a Safety and Health Officer (SHO); and
d) Identify industries required to employ a qualified and registered SHO

a) Lost Time Injury – an injury which prevents any worker from performing his normal work and leads to
a permanent or temporary incapacity to work.
b) No lost time injury – an injury with no work is lost beyond that required for medical attention.
c) Near-miss accident – any accident at a place of which has the potential of causing injury to any person
or damage to any property
d) Director General – Director General of Occupational Safety and Health appointed under subsection
5(1) of the Act
e) Continuous Education Programme – a course, seminar, conference or other education program in OSH
or the equivalent thereof, approved by the Director General
Application (Reg. 3) - These Regulations shall apply to:
a) Any person who acts as a SHO as required by the Act or any regulations made under the Act; and
b) An employer of the class/ description of industries which are required to employ SHO under the Act.
 OSH (Safety and Health Officer) Regulation 1997
PART 2: Registration of Safety and Health Officer
Registration (Reg. 4)
a) No person shall act as a SHO unless he is registered with the Director General.
b) Application for Registration (Regulation 5) should use the form as specified in Schedule 1.
c) The application for registration shall be submitted to the Director General together with any document
and information as specified in the Form accompanied with a processing fee of RM100.
Qualification for Registration (Reg. 6)
A person shall not be entitled to register if at the time of application he has been: (Reg. 6(2))
a) Convicted of any offences under the Act/ any Regulations made under the Act; or
b) Convicted of any offences and sentenced to more than 1 year imprisonment / a fine of more than
RM 2,000; and
c) Declared as a bankrupt.

A person is qualified to register as a SHO under the following conditions (Regulation 6(1)):
a) Holds a diploma of OSH or equivalent approved by the Minister;
b) Completed a training course and passed the examination of OSH or equivalent approved by the
Minister and has minimum of 3 years experience in occupational safety and health;
c) Has been working in the area of OSH at least for a period of 10 years; or
d) Holds any other qualification/ has undergone training as prescribed from time to time by the Minister.
 OSH (Safety and Health Officer) Regulation 1997

PART 2: Registration of Safety and Health Officer

Certificate of Registration (Reg. 7): The DG will issue a certificate of registration in a prescribed form.
Compulsory Attendance for any Continuous Education Programme (Reg. 8):
• A registered SHO shall attend any continuous education programme annually for the purpose of
renewal of registration.
Refusal to Register (Reg. 9)
• The DG may refuse to register any application for registration if the applicant does not meet the
requirements stipulated.
Duration of Registration (Reg. 10)
• The registration is valid for three (3) years from the date of registration unless cancelled earlier
under these Regulations.
Renewal of Registration (Reg. 11)
• An application for renewal of registration shall be made in the prescribed Form specified in Schedule
II. The form shall be submitted to the Director General accompanied with a processing fee RM 50.00.
 OSH (Safety and Health Officer) Regulation 1997

PART 2: Registration of Safety and Health Officer

Director General May Refuse to Renew Registration (Reg. 12)

The DG may refuse to renew registration of any application if the applicant:

a) Has ceased to become SHO;
b) Is a registered SHO but has not yet been appointed since registration or renewal;
c) Has not met any requirements stipulated under these Regulations;
d) Has no evidence of attending any continuous education programme or the equivalent thereof in the
last three years as required under Reg. 8.

Cancellation of Registration (Reg. 12)

The DG may cancel the registration of a SHO at any time, if he finds that the said SHO:
a) Has ceased to become a SHO;
b) Has been convicted of any offence under the Act or any Regulations made under the Act;
c) Has not met any requirments stipulated under these Regulations or any order made by the Minister
under subsection 29(4) of the Act; or
d) Has obtained registration by misrepresentation or fraud.
 OSH (Safety and Health Officer) Regulation 1997

PART 3: Notification of Officer

Notification of SHO (Reg. 14):
An employer shall notify in writing to the Director General within one (1) month of any:
a) Appointment of a SHO; and b) Termination or resignation of a SHO

PART 4: Duties of An Employer

Facilities (Reg. 15)
• An employer shall provide the SHO employed by him adequate facilities, including training,
equipment & appropriate information to perform his duties.
Continuous Education Programme (Reg. 16)
• An employer shall allow the SHO to attend any continuous education programme at least once in a
year.
Investigation into Any Accident (Reg. 17)
• An employer shall direct one supervisor or who has direct control on person or activity of the
workplace to assist the SHO in any investigation.
 OSH (Safety and Health Officer) Regulation 1997

PART 5: Duties of Safety and Health Officers

Duties of a Safety and Health Officer:
a) To assist the employer or Safety and Health Committee conduct OSH programmes;
b) To be the Secretary to the Safety and Health Committee;
c) To assist the Safety and Health Committee in any inspection;
d) To collect, analyze and maintain statistics on any accident, dangerous occurrence, occupational
poisoning and occupational disease;
e) To assist any officer in carrying out his duties under the Act or any Reg. made under the Act; and
f) To carry out any other instructions by the employer or any person in charge of the place of work on
matters pertaining to safety and health at the workplace.

Safety and Health Officer to Submit Report (Reg. 19)

• The SHO shall submit a monthly safety and health report to the employer before the tenth of the
• preceding month.
• The report shall contain, but not limited to the following particulars:
a) Actions to be taken by the employer in order to comply with the requirements of the Act;
b) Methods of establishing and maintaining safe and healthy working conditions in the
workplace;
 OSH (Safety and Health Officer) Regulation 1997
PART 5: Duties of Safety and Health Officers
c) Number and types of accidents, near-miss accidents, dangerous occurrences, occupational poisonings
or occupational diseases which have occurred in the workplace including the number of persons
injured;
d) Any machinery, plant, processes which may cause harm;
e) Any machinery, plant, equipment, appliance, or any Personal Protective Equipment for the purpose of
minimising any such risk;
f) Recommendations for any alterations or improvements to be made to the structure or layout of the
workplace for the purpose of minimising risks;
g) Any works/activities related to safety and health which has been carried out;
h) Any outstanding matters arising from the previous report (a) till (g); or
i) Any other matters related to safety and health of persons working in the workplace.

Action to be taken on report (Reg. 20)

The employer or any person in charge of the workplace shall:
a) Discuss the report with the SHO not later than two weeks after receiving the report.
The employer shall countersign the report in order to confirm that he has received it.
b) Keep the report for at least ten years for the purpose of inspection or investigation
 OSH (Safety and Health Officer) Regulation 1997

PART 6: Miscellaneous
• In the case of death, sickness or absence from work of a SHO, the
Director General may, authorise the employer, in writing, to allow
work to be carried out for a period not exceeding three (3) calendar
months without the SHO.
 OSH (Safety and Health Officer) Order 1997
This Order is made by Minister to an occupier of a workplace required to employ a SHO (Sec. 29, OSHA
1994). It stipulates the provision for specific industries that are required to employ a SHO.
The industries gazetted to employ an SHO are as follows:
a) Any building operations where the total contract price of the project exceeds RM20 million;
b) Any work of engineering construction where the total contract price of the project exceeds RM20million;
c) Any ship building employing at the peak of the work more than 100 employees;
d) Any gas processing activity or petrochemical industries employing more than 100 employees;
e) Any chemical and allied industry employing more than 100 employees;
f) Any boiler and pressure vessel manufacturing activity employing more than 100 employees;
g) Any metal industry where there is canning or stamping or blanking or shearing or bending operations
and employing more than 100 employees;
h) Any wood working industry where there is cutting or sawing or planning or moulding or sanding or
peeling or any combination of the above, and employing more than 100 employees;
i) Any cement manufacturing activity employing more than 100 employees; and
j) Any other manufacturing activity other than the manufacturing activity specified in (f) – (i), employing
more than 500 employees
*The list of industries above is specifically for activities with high risk in the manufacturing sector.
*Industries (f) – (i) are activities/work processes with high risk activities compared to (j) which is
considered to have low risk activities.