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Malaysian Labour Law
Posted Date : 15 Feb 09
Posted Date : 15 Feb 09
Regulation of Employment
5. OCCUPATIONAL SAFETY AND HEALTH ACT
5.1 What is Occupational Safety and Health Act?
- The Occupational Safety and Health Act is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforce and to protect others against risks to safety or health in connection with the activities of persons at work.
- This Act was gazetted on
24th February 1994and may be cited as the Occupational Safety and Health Act 1994. This Act is a practical tool superimposed on existing safety and health legislation.
- The aims of this Act are :
- to secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work
- to protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work
- to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs
- to provide the means whereby the associated occupational safety and health legislation may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health.
- The provision of the Occupational Safety and Health Act 1994 are based on the self-regulation scheme. Its primary responsibility is to ensure safety and health of work lies with those who create the risks and those who work with the risks.
- Through self-regulating scheme that is designed to suit the particular industry or organization, this Act also aims to establish effective safety and health organization and performance.
- The concept of self-regulation encourages cooperation, consultation and participation of employees and management in efforts to upgrade the standards of safety and health at the workplace.
- The Occupational Safety and Health Act 1994 is enforced by the Department of Occupational Safety and Health (DOSH), a government department under the Ministry of Human Resources Malaysia.
- Department of Occupational Safety and Health (DOSH) will ensure through enforcement and promotional works that employers, self-employed persons, manufacturers, designers, importers, suppliers and employees always practise safe and health work culture, and always comply with existing legislation, guidelines and codes of practice.
- Department of Occupational Safety and Health (DOSH) will also formulate and review legislation, policies, guidelines and codes of practice pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at work.
- Department of Occupational Safety and Health (DOSH) is also the secretariat to National Council for Occupational Safety and Health, a council established under section 8 of the Occupational Safety and Health Act 1994.
- The National Council for Occupational Safety and Health shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.
5.2 The Act Affection >>
Table of Contents
- Regulation of Employment (HTML)
- 2.1 The Circumstances a Contract of Service be Terminated by Either Employer or Employee
- 2.2 Notice Period Required Terminating a Contract of Service
- 2.3 Termination without Cause Or Excuse by My Employer
- 2.4 The Circumstances an Employee as Not Entitled to Termination or Lay-Off Benefits
- 2.5 Actual Amount of Layoff Benefits Payable
- Workmen's Compensation
- Sexual Harrassment
- 4.1 What Is Sexual Harassment?
- 4.2 Types of Sexual Harassment
- 4.3 The Differences Between Verbal, Non-Verbal, Visual, Psychological And Physical Harassment
- 4.4 Law in Malaysia to Deal Specifically with Sexual Harassment
- 4.5 Chances Of Seeing Justice Being Done
- 4.6 What Should I Do If I Am Being Sexually Harassed?
- Occupational Safety and Health Act
- 7.1 What Is Pension?
- 7.2 The Individual Entitled To Pension Benefit
- 7.3 Circumstances Reducing or Withholding Pension
- 7.4 Calculation of Pension
- 7.5 Who Is Deemed to Be A Pensionable Officer?
- 7.6 Granted a Pension
- 7.7 Compulsory Retirement
- 7.8 Optional Retirement
- 7.9 The Pension Where an Officer Dies in Service
- 7.10 The Pension Where an Officer Dies After Retirement
- 7.11 Cease a Pension
- 7.12 Pension for Disabled Person In The Course Of Performing His Official Duty
- 7.13 The Rate Payable for Disability Pension
- 7.14 Is a Pension Assignable?
- 9.1 What Is Social Security Organization (SOSCO)?
- 9.2 Compulsory Contribute To SOCSO
- 9.3 Wages Mean For The Purpose Of SOCSO Contribution
- 9.4 The Coverage Provided To an Insured Person by SOCSO Under ESSA 1969
- 9.5 The Invalidity Pension Scheme Cover and The Benefits Provided
- 9.6 The Coverage of Employment Injury Insurance Scheme
- 9.7 The Rate of SOCSO Contribution
- 9.8 The Responsibilities of an Employer
- 9.9 Interest on Contributions Due and Not Paid On Time by Employer
- 9.10 What About An Employee With Monthly Wages Exceeding RM2,000
- 9.11 Report an Accident and Make My Claim
- 9.12 Processing a Claim
- 9.13 Appeal
- Statutory Holiday (PDF)
- Salary Act (PDF)