OSHA 1994, Seksyen 67, Kewajipan Untuk Menyimpan Rahsia

n Kewajipan menyimpan rahsia

n Seseorang tidak boleh mendedahkan rahsia (pengilangan atau komersil) semasa melaksanakan tugas;

n Penalti  Maksima RM20,000 @ Dua tahun penjara @  kedua-duanya;

Section 67. Duty to keep secret. 

(1)   Save for an inquiry under this Act or in any court proceedings relating to the commission of an offence under this Act or any regulation made thereunder, no person shall disclose any matter including any manufacturing or commercial secret which has come to his knowledge or which he has acquired while performing his duties under this Act. 

(2)   A person who contravenes the provision of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 66, Peraturan-Peraturan

Seksyen 66 - Peraturan-Peraturan


(1) Menteri diberi kuasa membuat Peraturan;

(2) Khususnya dan tanpa menjejaskan keluaran makna subseksyen (1), peraturan-peraturan itu boleh -

    a) Bagi mengawalselia atau melarang;

         i) pengilangan,pembekalan atau penggunaan apa-apa loji dan bahan;

        ii) pengilangan,pembekalan penyimpanan    

            pengangkutan atau penggunaan apa-apa loji dan bahan

       iii) perjalanan apa-apa proses atau pengilangan apa-apa pengendalian

Section 66. Regulations. 

(1) The Minister may make regulations for or with respect to the safety, health and welfare of persons at work in order to achieve the objects of this Act. 

(2) In particular and without prejudice to the generality of subsection (1), such regulations may-

(a) regulate or prohibit-
     (i)   the manufacture, supply or use of any plant; 

     (ii)  the manufacture, supply, storage, transport or use of any substance; and 

     (iii) the carrying on of any process or the carrying out of any operation;

(b) prescribe the requirements with respect to the design, construction, guarding, siting, installation, commissioning, examination, repair, maintenance, alteration, adjustment, dismantling, testing, marking or inspection of any plant; 

(c) prescribe the requirements with respect to the examination, testing, analysis, labelling or marking of any substance;

(d) prescribe the times and the manner in which employers or other specified persons are required to examine, test, analyze, label or mark any substance; 

(e) prescribe the requirements to abstain from eating, drinking or smoking in any circumstances involving risk of absorption of any substance or risk of injury or poisoning arising out of the use of any substance; 

(f) prescribe the requirements with respect to the instruction, training and supervision of persons at work; 

(g) prescribe the procedure for employers to notify any accident, dangerous occurrence, occupational poisoning or occupational disease; 

(h) prescribe the arrangements to be made with respect to the taking of any action or precaution to avoid, or in the event of, any accident or dangerous occurrence; 

(i) prohibit or require the taking of any action in the event of any accident or dangerous occurrence; 

(j) prescribe the requirements with respect to the provision and use in specified circumstances of protective clothing or equipment and rescue equipment; 

(k) prescribe the standards in relation to the use of, including standards of exposure to, any physical, biological, chemical or psychological hazard;

(l) regulate and require the monitoring by employers or occupiers of conditions at a place of work including the health of their employees; 

(m) secure the provision of adequate welfare facilities by employers for persons at work; 

(n) require the employers to keep and preserve records and other documents; 

(o) prescribe the composition, powers, functions and procedures of safety and health committees and regulate the election or appointment of members of the committees and other related matters; 

(p) prescribe the manner of holding inquiries under section 33 and of hearing appeals under section 36 or 50; 

(q) prescribe the fees payable or chargeable for doing any act or providing any service for the purposes of this Act or any regulation made thereunder; 

(r) prescribe the offences which may be compounded and the method and procedure to be complied with; 

(s) prescribe the requirements for engaging a medical officer and the procedures for the registration of the medical officer; 

(t) prescribe the requirements for employing a safety and health officer, the training required of a safety and health officer and the procedures for registration; 

(u) prescribe any other matter which may appear to the Minister to be expedient or necessary for the better carrying out of this Act.







Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 65, Keputusan Jawatankuasa Rayuan

Keputusan sesuatu jawatankuasa rayuan adalah muktamad dan konklusif dan tidak boleh dipersoalkan dalam mana-mana mahkamah.



Section 65. Decision of appeal committee. 

The decision of an appeal committee shall be final and conclusive and shall not be questioned in any court.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 64, Kuasa Jawatankuasa Rayuan

Section 64. Powers of appeal committee. 

(1) An appeal committee may, after hearing an appeal, confirm, revoke or vary an order made by the Director General under section 35, a decision made by the Director General under subsection 50(1), or an improvement or a prohibition notice issued by the Director General under section 48. 

(2) An appeal committee shall decide and communicate expeditiously its decision to the person making the appeal.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 63, Jawatankuasa Rayuan

nJawatankuasa Rayuan dilantik oleh Menteri;

nPengerusi-anggota Majlis;

nDua orang lain;

nRayuan keatas seksyen 36 atau 50;

Section 63. Appeal committees. 

(1) The Minister shall appoint appeal committees for the purpose of considering any appeal made under section 36 or 50. 

(2) An appeal committee shall consist of a Chairman to be appointed by the Minister from among members of the Council and two other persons to be appointed by the Minister who, in his opinion, have wide experience and knowledge in matters relating to the subject matter of the appeal. 

(3) Every member of an appeal committee may be paid an allowance at such rate or rates as the Minister may determine.




Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 62, Pengkompaunan Kesalahan

Section 62. Compounding of offences. 

(1) The Minister may, by order in the Gazette, prescribe any offence under this Act or any regulation made thereunder as an offence which may be compounded. 

(2) The Director General may at any time before conviction compound any of the offences prescribed under subsection (1) as an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence: Provided that the Director General shall not exercise his powers under this section unless the person in writing admits that he has committed the offence and requests the Director General to deal with the offence under this section.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 61, Pendakwaan

Section 61. Prosecutions. 

Prosecutions in respect of offences committed under this Act or any regulation made thereunder may, with the prior written consent of the Public Prosecutor, be instituted and conducted by an occupational safety and health officer or by an officer specially authorized in writing by the Director General subject to the provisions of the Criminal Procedure Code.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 60, Beban Membuktikan Had Apa Yang Praktik

Section 60. Onus of proving limits of what is practicable. 

In any proceedings for an offence under this Act or any regulation made thereunder consisting of a failure to comply with a duty or requirement to do something so far as is practicable, or to use the best practicable means to do something, it shall be for the accused to prove that it was not practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 59, Liabiliti Sivil Tidak Tersentuh Oleh Bahagian IV,V dan VI

Section 59. Civil liability not affected by Parts IV, V and VI. Nothing in Parts IV, V and VI and the relevant industry code of practice shall be construed as -

(a) conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of those Parts; 

(b) conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings; or 

(c) affecting the extent, if any, to which a right of action arises or civil proceedings may be taken with respect to breaches of duties imposed by other legislations in regard to safety and health.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 58, Perlindungan Terhadap Liabiliti Persendirian Lanjut

Section 58. Safeguards against further personal liability. 

Subject to the provisions of this Act and any regulation made thereunder, no person shall incur any personal liability for any loss or damage caused by any act or omission by him in carrying out the duties under this Act or any regulation made thereunder, unless the loss or damage was occasioned intentionally or through recklessness or gross negligence.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 57, Pembantuan dan Persubahatan

Section 57. Aiding and abetting. 

A person who aids or abets the commission of an offence under this Act shall be punished with the punishment provided for the offence.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 56, Pertubuhan Perbadanan Atau Kesatuan Sekerja Boleh Di Denda

Section 56. Body corporate or trade union liable to fine. 

Where a person convicted in respect of an offence under this Act or any regulation made thereunder is a body corporate or a trade union, it shall only be liable to the imposition of a fine provided therefor.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 55, Pembelaan

nPembelaan Dalam Prosiding

nMesti tiada pengetahuan tentang kesalahan;

nDilakukan tanpa kebenarannya atau pembiarannya;

nMenjalankan usaha wajar untuk mencegah pelakuan kesalahan;

Section 55. Defence. 

It shall be a defence in any proceedings against a person for an offence under this Act or any regulation made thereunder to satisfy the court that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 54, Kesalahan yang Dilakukan Oleh Ejen

Section 54. Offences committed by agent. 

A person who would be liable under this Act or any regulation made thereunder to any penalty for anything done or omitted if the thing had been done or omitted by him personally shall be liable to the same penalty if the thing had been done or omitted by his agent.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 53, Kesalahan yang Dilakukan Oleh Kesatuan Sekerja

Section 53. Offences committed by trade union. 

(1) Where a trade union by any act or omission contravenes any provision of this Act or any regulation made thereunder, every officer, employee and person purporting to act on the instruction of any officer of the trade union shall be deemed to have contravened the provision and may be charged jointly in the same proceedings with the trade union or severally, and every such officer, employee or person shall be deemed to be guilty of the offence. 

(2) A person may be proceeded against and convicted under the provision of subsection (1) whether or not the trade union has been proceeded against or has been convicted under that provision.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 52, Kesalahan yang Dilakukan Oleh Pertubuhan Perbadanan

Section 52. Offences committed by body corporate. 

(1) Where a body corporate contravenes any provision of this Act or any regulation made thereunder, every person who at the time of the commission of the offence is a director, manager, secretary or other like officer of the body corporate shall be deemed to have contravened the provision and may be charged jointly in the same proceedings with the body corporate or severally, and every such director, manager, secretary or other like officer of the body corporate shall be deemed to be guilty of the offence. 

(2) A person may be proceeded against and convicted under the provision of subsection (1) whether or not the corporation has been proceeded against or has been convicted under that provision.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 51, Penalti Am

nPenalti Am

nMaksima RM10,000 atau Satu Tahun Penjara atau kedua-duanya sekali;

nPelanggaran berterusan - maksima RM 1,000 sehari;

Section 51. General penalty. 

A person who by any act or omission contravenes any provision of this Act or any regulation made thereunder shall be guilty of an offence, and if no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 50, Orang Terkilan Boleh Merayu

Section 50. Aggrieved person may appeal. 

(1) A person who is aggrieved by a notice issued by an officer under section 48 may, within thirty days from the date of such notice, appeal to the Director General who may, after considering the appeal, by order in writing confirm, revoke or vary the notice. 

(2) A person who is aggrieved with a decision of the Director General made under subsection (1) may, within thirty days from the date of the decision, appeal to an appeal committee appointed by the Minister under section 63. 

(3) Where an improvement or a prohibition notice is issued by the Director General or the Deputy Director General in the exercise of the powers conferred under section 48, the appeal shall be made to an appeal committee appointed by the Minister under section 63.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 49, Penalti Kerana Tidak Mematuhi Notis

Section 49. Penalty for failure to comply with notice. 

(1) A person to whom an improvement or a prohibition notice is issued under section 48 must comply with the same notwithstanding that an appeal against its issuance has been lodged. 

(2) A person who without reasonable excuse fails to comply with any improvement or prohibition notice issued under section 48 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and to a further fine of five hundred ringgit for each day during which the offence continues.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 48, Notis Pembaikan dan Notis Larangan

Section 48. Improvement notice and prohibition notice. 

(1) If an officer is of the opinion that a place of work, plant, substance or process is likely to be a danger, or is likely to cause bodily injury or is a serious risk to the health of any person, or is likely to cause damage to any property, he shall serve an improvement notice on the person under whose control the place of work, plant, substance or process lies, requiring the person to take measures to remove the danger or rectify any defect within such period as he shall therein specify, and in every such case the place of work, plant, substance or process shall not be used or operated even after the period of expiry of the notice until the danger has been removed or the defect made good to the satisfaction of the officer. 

(2) If an officer is of the opinion that the defect in subsection (1) is likely to cause immediate danger to life or property, he shall serve a prohibition notice prohibiting the use or operation of the place of work, plant, substance or process until such time that any danger posed is removed and the defect made good to the satisfaction of the officer. 

(3) An improvement notice or a prohibition notice under subsection (1) or (2) shall -
     (a) state that the officer is of the opinion that in respect of the plant, substance or process at the            place of work, there is occurring or may occur an activity which is or is likely to be a danger            or is likely to  cause bodily injury or a serious risk to the health of any person or is likely to            cause damage or is likely to cause immediate danger to life or property, and state the                      reasons for the opinion; and 

    (b) where in the officer's opinion the activity concerned is a contravention or is likely to be a                contravention of any provision of this Act or any regulation made thereunder, specify the                provision and state the reasons for the opinion.

(4) An officer may include in an improvement notice or a prohibition notice directions as to the measures to be taken to remove any danger, likely danger, risk, matter or activity to which the notice relates and the directions may refer to any approved industry code of practice. 

(5) Without prejudice to the provision of subsection (2) an officer may, if he considers it necessary, proceed to render inoperative the place of work, plant, substance or process by any means he may deem best suited for the purpose. 

(6) Where such an action is taken by the officer under subsection (5) he may, if he deems fit, recover the cost of the action from the occupier or person having responsibility or control of the place of work, plant, substance or process.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 47, Kesalahan Berhubungan Dengan Pemeriksaan

Section 47. Offences in relation to inspection. A person who -

(a) refuses access to a place of work to an officer or a person assisting him; 

(b) obstructs the officer in the exercise of his powers under this Act or any regulation made thereunder, or induces or attempts to induce any other person to do so; 

(c) fails to produce any document required under this Act by the officer; 

(d) conceals the location or existence of any other person or any plant or substance from the officer; 

(e) prevents or attempts to prevent any other person from assisting the officer; or 

(f) in any other way, hinders, impedes or opposes the officer in the exercise of his powers under this Act or any regulation made thereunder,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 46, Majikan, dsb, hendaklah Membantu Pegawai

Section 46. Employer, etc., to assist officer. 

The owner or occupier of, or employer at, any place of work and the agent or employee of the owner, occupier or employer shall provide such assistance as the officer may require for any entry, inspection, examination or inquiry or for the exercise of his powers under this Act.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 45, Kuasa Untuk Menerima Saksi

Section 45. Power to examine witnesses. 

(1) An officer making an investigation under section 39 or 44 may examine orally any person who appears to him to be acquainted with the facts and circumstances of the case. 

(2) The person referred to in subsection (1) shall be legally bound to answer all questions relating to the case put to him by the officer: Provided that the person may refuse to answer any question if the officer fails or refuses on demand to produce to him the certificate of authorization issued by the Director General to the officer under subsection 7(1): Provided further that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture. 

(3) A person making a statement under this section shall be legally bound to state the truth whether or not the statement is made wholly or partly in answer to questions. 

(4) An officer obtaining information from a person shall first inform the person of the provisions of subsections (2) and (3). 

(5) A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by him or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish. 

(6) Where an officer uses the assistance of an interpreter, any inquiry or requisition to a person made on behalf of the officer by the interpreter shall, for all purposes, be deemed to have been actually made by the officer, and any answer thereto made to the interpreter shall be deemed to have been actually made to the officer.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 44, Kuasa Untuk Menyiasat

Section 44. Power of investigation. 

(1) An officer shall have the power to investigate the commission of any offence under this Act or any regulation made thereunder. 

(2) An officer may, in relation to any investigation in respect of an offence committed under this Act or any regulation made thereunder, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code[Act 593] in any seizable offence may not be exercised by him. 

(3) Upon completion of his investigation, the officer shall immediately give all information relating to the commission of the offence to an officer in charge of a police station and a police officer may, by warrant, arrest any person who may have committed an offence under this Act or any regulation made thereunder.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 43, Peruntukan Lanjut Berhubungan Dengan Pemeriksaan

Section 43. Further provisions in relation to inspection. 

(1) Upon entering any place of work an officer shall take all reasonable steps to notify the employer and the safety and health committee of the entry. 

(2) Upon concluding an inspection, an officer shall give to the employer and the safety and health committee information with respect to his observations and any action he proposes to take in relation to the place of work. 

(3) Where an officer proposes to take and remove a sample from a place of work for the purposes of analysis, he shall notify the employer and the safety and health committee and after having taken the sample he shall where possible -

(a) divide the sample taken into as many parts as are necessary and mark and seal or mark and fasten up each part in such a manner as its nature will permit; 
(b) if required by the employer or the safety and health committee, deliver one part each to the employer or the safety and health committee; 
(c) retain one part for future comparison; and 
(d) if an analysis of the sample is to be made, submit another part to an analyst for analysis.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 42, Kuasa Untuk Masuk Secara Paksa Dan Penyampaian Kepada Penghuni Salinan Bertandatangan Senarai Benda Yang Disita Dari Premis

Section 42. Power of forceful entry and service on occupier of signed copy of list of things seized from premises. 

(1) An officer may, in the exercise of his powers under section 40 or 41, if it is necessary so to do -
(a) break open any outer or inner door of a place of work or residential place and enter thereinto; 
(b) forcibly enter the place and every part thereof; 
(c) remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and (d) detain every person found in the place until the place has been searched.

(2) The officer seizing any article, thing, book, document, plant, substance, installation or part thereof under section 40 or 41 shall prepare a list of the things seized and forthwith, or as soon as is practicable, deliver a copy of the list signed by him to the occupier, or his agent or servant present in the premises, and if the premises are unoccupied the officer shall, wherever possible, post a list of the things seized on the premises.

Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 41, Kemasukan Ke Dalam Premis Tanpa Waran Geledah Dan Kuasa Untuk Meyita

Section 41. Entry into premises without search warrant and power of seizure. 

Where an officer is satisfied upon information received that he has reasonable grounds for believing that, by reason of delay in obtaining a search warrant, any article, thing, book, document, plant, substance, installation or part thereof in a place of work or residential place used to commit or intended to be used to commit an offence under this Act or any regulation made thereunder is likely to be removed or destroyed, he may enter the place of work or residential place without a warrant and seize or seal the article, thing, book, document, plant, substance, installation or part thereof found therein: 

Provided that it shall be an offence for a person without lawful authority to break, tamper with or damage the seal or remove the article, thing, book, document, plant, substance, installation or part thereof or to attempt so to do.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 40, Kemasukan Ke Dalam Premis Dengan Waran Geledah Dan Kuasa Untuk Meyita

Section 40. Entry into premises with search warrant and power of seizure. 

In every case where information is given on oath to a Magistrate that there is reasonable cause for suspecting that there is in a place of work or residential place any article, thing, book, document, plant, substance, installation or part thereof which has been used to commit or is intended to be used to commit an offence under this Act or any regulation made thereunder, he shall issue a warrant under his hand by virtue of which an officer named or referred to in the warrant may enter the place of work or residential place at any reasonable time by day or night, and search for and seize or seal the article, thing, book, document, plant, substance, installation or part thereof.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 39, Kuasa Untuk Masuk, Memeriksa, Meneliti, Menyita, dsb

Section 39. Powers of entry, inspection, examination, seizure, etc. 

(1) An occupational safety and health officer, in this Part referred to as the "officer", may, for the purpose of carrying out the objects of this Act or any regulation made thereunder, at any reasonable time and upon the production of his certificate of authorization enter, inspect and examine any place of work other than a place used solely for residential purposes: 
Provided that he may enter the residential place with the consent of the owner or if he has reasonable cause to believe that a contravention of this Act or any regulation made thereunder has or is likely to be committed. 

(2) In exercising his powers under subsection (1), an officer may -

(a) make examination and investigation of any plant, substance, article or other thing whatsoever as may be necessary to ascertain whether or not this Act or any regulation made thereunder has been complied with; 

(b) direct that the place of work or any part thereof, or anything therein, shall be left undisturbed, whether generally or in particular respects, for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (a); 

(c) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (a); 

(d) take samples of any article or substance found in the place of work which he has power to enter, and of the atmosphere in or in the vicinity of the place of work; 

(e) require any person employed in a place of work in which any of the diseases named in the Third Schedule of the Factories and Machinery Act 1967 or any disease named in any regulation or order made by the Minister under this Act has occurred or is likely to occur, to be medically examined by a medical officer or a registered medical practitioner.

(3) Where an officer is of the opinion that a plant or substance has caused or is likely to cause a danger to safety and health, he may -

(a) cause it to be dismantled or subjected to any process or test at any convenient place and at such reasonable time as he may appoint, but not so as to damage or destroy it; 

(b) take possession of it and detain it for so long as is necessary for all or any of the following purposes:
(i) to examine it and do to it anything which he has power to do; 
(ii) to ensure that it is not tampered with before his examination of it is completed;
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under any of the provisions of this Act or regulation made thereunder.

(4) Where an officer is a medical officer he may -
(a) carry out such medical examination as may be necessary for the purposes of his duties under this Act or regulation made thereunder; and 
(b) exercise such other powers as may be necessary or as are conferred under subsections (2) and (3).

(5) An officer may for the purposes of this section seek whenever necessary the assistance of the police if he has reasonable cause to apprehend any serious obstruction in the execution of his duty. 

(6) Without prejudice to subsection (5), on entering any place of work or residential place by virtue of subsection (1), an officer may bring with him -
(a) any other person duly authorized by the Director General; or 
(b) any equipment or material required for any purpose for which the power of entry is being exercised.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 38, Penggunaan Tataamalan Industri dalam Prosiding

Section 38. Use of industry codes of practice in proceedings. 

In any proceedings under this Act or any regulation made thereunder in which it is alleged that a person has contravened or failed to comply with a provision of the Act or any regulation made thereunder in relation to which an approved industry code of practice was in effect at the time of the alleged contravention or failure -
(a) the approved industry code of practice shall be admissible in evidence in the proceedings; and 

(b) if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention or failure that-
(i) a provision of the approved industry code of practice is relevant to the matter; and 
(ii) the person failed at any material time to observe the provision of the approved industry code of practice,
the matter shall be taken as proved unless the court is satisfied that in respect of the matter the person complied with a provision of the Act otherwise than by way of observance of the provision of the approved industry code of practice.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 37, Kelulusan Tataamalan Industri

Section 37. Approval of industry codes of practice. 

(1) The Minister may, upon the recommendation of the Council or the Director General, approve industry codes of practice comprising such directions as may appear to him to be necessary or proper for the guidance of persons in complying with the requirements of the provisions of this Act. 

(2) The Minister may, upon the recommendation of the Council or the Director General, from time to time revise the industry codes of practice by amending, deleting, varying or adding to the provisions of the industry codes of practice. 

(3) An industry code of practice may-
(a) consist of any code, standard, rule, specification or provision relating to occupational safety or health approved by the Minister; or (b) apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the industry code of practice is approved or as amended, formulated or published from time to time.

(4) The Minister shall cause to be published in the Gazette the approval of an industry code of practice and the amendment or revocation thereof.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 36, Orang Terkilan Boleh Merayu

Section 36. Aggrieved person may appeal. 

A person who is aggrieved by an order made under subsection 35(1) may, within thirty days of the order, lodge an appeal with the secretary to the Council who shall transmit the appeal to an appeal committee appointed by the Minister under section 63.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 35, Kuasa Untuk Melarang Penggunaan Loji atau Bahan

Section 35. Power to prohibit the use of plant or substance. 

(1) Notwithstanding any written law to the contrary, the Director General may by order published in the Gazette prohibit the use of any plant or substance which in his opinion is likely to affect the safety and health of persons at work. 

(2) Where the Director General proposes to exercise his power under subsection (1) he shall, before making the order, consult any Government department or other body which appears to him to be appropriate.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 34, Kuasa Pegawai Keselamatan dan Kesihatan Pekerjaan Dalam Siasatan

Section 34. Power of occupational safety and health officer at inquiry. 

For the purpose of holding an inquiry under this Act, an occupational safety and health officer shall have the power to administer oaths and affirmations and shall be vested with the powers of a First Class Magistrate for compelling the attendance of witnesses and the production of documents, maintaining order and otherwise duly conducting the inquiry, and all persons summoned to attend the inquiry shall be legally bound to attend.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 33, Ketua Pengarah Boleh Mengarahkan Supaya Siasatan Diadakan

Section 33. Director General may direct inquiry to be held. 

(1) If in the opinion of the Director General, an inquiry ought to be held into the nature and cause of the accident, dangerous occurrence, occupational poisoning or occupational disease, he may cause such an inquiry to be held by an occupational safety and health officer. 

(2) The Director General may appoint one or more persons of engineering, medical or other appropriate skills or expertise to serve as assessors in any such inquiry. 

(3) Every person not being a public officer serving as an assessor in the inquiry may be paid an allowance at such rate or rates as the Minister may determine.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 32, Pemberitahuan Mengenai Kemalangan, Kejadian Berbahaya, Keracunan Pekerjaan dan Penyakit Pekerjaan, dan Siasatan (NADOOPOD)

Section 32. Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry. 

(1) An employer shall notify the nearest occupational safety and health office of any accident, dangerous occurrence, occupational poisoning or occupational disease which has occurred or is likely to occur at the place of work. 

(2) Every registered medical practitioner or medical officer attending to, or called in to visit, a patient whom he believes to be suffering from any of the diseases listed in the Third Schedule of the Factories and Machinery Act 1967 [Act 139], or any disease named in any regulation or order made by the Minister under this Act, or occupational poisoning shall report the matter to the Director General.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 31, Fungsi Keselamatan dan Kesihatan

Section 31. Functions of safety and health committee. The safety and health committee established at a place of work pursuant to section 30-

(a) shall keep under review the measures taken to ensure the safety and health of persons at the place of work; 
(b) shall investigate any matter at the place of work-
(i) which a member of the committee or a person employed thereat considers is not safe or is a risk to health; and 
(ii) which has been brought to the attention of the employer;

(c) shall attempt to resolve any matter referred to in paragraph (b) and, if it is unable to do so, shall request the Director General to undertake an inspection of the place of work for that purpose; and 

(d) shall have such other functions as may be prescribed.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 30, Penubuhan Keselamatan dan Kesihatan di Tempat Kerja

Section 30. Establishment of safety and health committee at place of work. 

(1) Every employer shall establish a safety and health committee at the place of work in accordance with this section if-
(a) there are forty or more persons employed at the place of work; or 
(b) the Director General directs the establishment of such a committee at the place of work.

(2) The composition of a safety and health committee established under subsection (1), the election or appointment of persons to the committee, the powers of the members of the committee and any other matter relating to the establishment or procedure of the committee shall be as prescribed. 

(3) Every employer shall consult the safety and health committee with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the safety and health at the place of work of the employees, and in checking the effectiveness of such measures. 

(4) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 29, Pegawai Keselamatan dan Kesihatan

Section 29. Safety and health officer. 

(1) This section shall apply to such class or description of industries as the Minister may, by order published in the Gazette, specify. 

(2) An occupier of a place of work to which this section applies shall employ a competent person to act as a safety and health officer at the place of work. 

(3) The safety and health officer shall be employed exclusively for the purpose of ensuring the due observance at the place of work of the provisions of this Act and any regulation made thereunder and the promotion of a safe conduct of work at the place of work. 

(4) The safety and health officer shall possess such qualifications or have received such training as the Minister may, by notification in the Gazette, from time to time prescribe. 

(5) An occupier who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding six months or to both.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 28, Pengawasan Perubatan

Section 28. Medical surveillance. 

(1) Where it appears to the Minister that in any of the industries or class or description of industries -
(a) cases of illness have occurred which he has reason to believe may be due to the nature of the process or other conditions of work; 
(b) by reason of changes in any process or in the substances used in any process or, by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in the process; 
(c) persons below the age of sixteen years are or are about to be employed in work which may cause risk of injury to their health; or 
(d) there may be risk of injury to the health of persons employed in any of the occupations specified in the Third Schedule, or from any substance or material brought to the industries to be used or handled therein or from any change in the conditions in the industries,
he may make regulations requiring such reasonable arrangements as may be specified in the regulations to be made for the medical surveillance and medical examination, not including medical treatment of a preventive character, of the persons or any class of persons employed in the industries or class or description of industries. 

(2) Regulations made under this section may require the medical surveillance to be carried out by persons registered with the Director General, and may prescribe the qualifications and other conditions which are to be satisfied in order to be registered for the purpose of this section. 

(3) A person who contravenes the provisions of this section or any regulation made thereunder shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 27, Diskriminasi Terhadap Pekerja, dsb

Section 27. Discrimination against employee, etc. 

(1) No employer shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee-
(a) makes a complaint about a matter which he considers is not safe or is a risk to health; 
(b) is a member of a safety and health committee established pursuant to this Act; or 
(c) exercises any of his functions as a member of the safety and health committee.

(2) No trade union shall take any action on any of its members who, being an employee at a place of work-
(a) makes a complaint about a matter which he considers is not safe or is a risk to health; 
(b) is a member of a safety and health committee established pursuant to this Act; or 
(c) exercises any of his functions as a member of the safety and health committee.

(3) An employer who, or a trade union which, contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding one year or to both. 

(4) Notwithstanding any written law to the contrary, where a person is convicted of an offence under this section the Court may, in addition to imposing a penalty on the offender, make one or both of the following orders:
(a) an order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as it thinks fit to compensate that person; 
(b) an order that the employee be reinstated or re-employed in his former position or, where that position is not available, in a similar position.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 26, Kewajipan Untuk Tidak Mengenakan Caj Ke atas Pekerja Yang Dilakukan atau Diadakan

Section 26. Duty not to charge employees for things done or provided. 

No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of this Act or any regulation made thereunder.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 25, Kewajipan untuk Tidak Mengganggu atau Menyalahgunakan Benda Yang Diadakan Menurut Peruntukan Tertentu

Section 25. Duty not to interfere with or misuse things provided pursuant to certain provisions. 

A person who intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interests of safety, health and welfare in pursuance of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 24, Kewajipan Am Pekerja Yang Sedang Bekerja

Section 24. General duties of employees at work. 

(1) It shall be the duty of every employee while at work-
(a) to take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work; 
(b) to co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made thereunder; 
(c) to wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health; and 
(d) to comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act or any regulation made thereunder.

(2) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 23, Penalti bagi Kesalahan Seksyen 20 dan 21

Section 23. Penalty for an offence under section 20 or 21. 

A person who contravenes the provisions of section 20 or 21 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 22, Huraian Seksyen 20 dan 21

Section 22. Explanations to sections 20 and 21. 

(1) Nothing in section 20 or 21 shall be taken to require a person to repeat any testing, examination or research which has been carried out otherwise than by him or at his instance, in so far as it is reasonable for him to rely on the results thereof for the purposes of the section. 

(2) Any duty imposed on a person by any of the preceding provisions of this Part shall extend only to things done in the course of a trade, business or other undertaking carried on by him, whether for profit or not, and to matters within his control. 

(3) Where a person designs, formulates, manufactures, imports or supplies any plant or substance for or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is practicable, that the plant or substance will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed by paragraphs 20 (1)(a) and 21 (1)(a) to such extent as is reasonable having regard to the terms of the undertaking. 

(4) Where a person (hereinafter referred to as the "ostensible supplier") supplies any plant or substance for use at work to another (hereinafter referred to as the "customer") under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier-
(a) carries on the business of financing the acquisition of goods by others by means of such agreements; and (b) in the course of that business acquired his interest in the plant or substance supplied to the customer as a means of financing its acquisition by the customer from a third person (hereinafter referred to as the "effective supplier"),
the effective supplier and not the ostensible supplier shall be treated for the purposes of this Part as supplying the plant or substance to the customer, and any duty imposed by sections 20 and 21 on suppliers shall accordingly fall on the effective supplier and not on the ostensible supplier. 

(5) For the purposes of this Part a plant or substance is not to be regarded as properly used where it is used without regard to any relevant information or advice relating to its use which has been made available by a person by whom it was designed, manufactured, imported or supplied.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 21, Kewajipan Am Pengilang, dsb. berkenaan Dengan Bahan

Section 21. General duties of manufacturers, etc., as regards substances for use at work. 

(1) It shall be the duty of a person who formulates, manufactures, imports or supplies any substance for use at work -
(a) to ensure, so far as is practicable, that the substance is safe and without risks to health when properly used; 
(b) to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by paragraph (a); and 
(c) to take such steps as are necessary to ensure that there will be available in connection with the use of the substance at work adequate information about the results of any relevant test which has been carried out on or in connection with the substance and about any condition necessary to ensure that it will be safe and without risks to health when properly used.

(2) It shall be the duty of a person who undertakes the manufacture or supply of any substance for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is practicable, the elimination or minimization of any risk to safety or health to which the substance may give rise.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 20, Kewajipan Am Pengilang, dsb. berkenaan Dengan Loji

Section 20. General duties of manufacturers, etc., as regards plant for use at work. 

(1) It shall be the duty of a person who designs, manufactures, imports or supplies any plant for use at work -
(a) to ensure, so far as is practicable, that the plant is so designed and constructed as to be safe and without risks to health when properly used; 
(b) to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by paragraph (a); and 
(c) to take such steps as are necessary to secure that there will be available in connection with the use of the plant at work adequate information about the use for which it is designed and has been tested, and about any condition necessary to ensure that, when put to that use, it will be safe and without risks to health.

(2) It shall be the duty of a person who undertakes the design or manufacture of any plant for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is practicable, the elimination or minimization of any risk to safety or health to which the design or plant may give rise. 

(3) It shall be the duty of a person who erects or installs any plant for use by persons at work to ensure, so far as is practicable, that nothing about the way


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 19, Penalti Bagi Suatu Kesalahan Di Bawah Seksyen 15, 16, 17 atau 18

Section 19. Penalty for an offence under section 15, 16, 17 or 18. 

A person who contravenes the provisions of section 15, 16, 17 or 18 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 18, Kewajipan Seseorang Penghuni Tempat Kerja Kepada Orang Selain Daripada Pekerjanya

Section 18. Duties of an occupier of a place of work to persons other than his employees. 

(1) An occupier of non-domestic premises which has been made available to persons, not being his employees, as a place of work, or as a place where they may use a plant or substance provided for their use there, shall take such measures as are practicable to ensure that the premises, all means of access thereto and egress therefrom available for use by persons using the premises, and any plant or substance in the premises or provided for use there, is or are safe and without risks to health. 

(2) A person who has, by virtue of a contract or lease or otherwise, an obligation of any extent in relation to -
(a) the maintenance or repair of a place of work or any means of access thereto or egress therefrom; or 
(b) the prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work,
shall for the purpose of subsection (1) be deemed to have control of the matters to which his obligation extends.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 17, Kewajipan Am Majikan dan Orang yang Bekerja Sendiri Kepada Orang Selain Daripada Pekerja Mereka

Section 17. General duties of employers and self-employed persons to persons other than their employees. 

(1) It shall be the duty of every employer and every self-employed person to conduct his undertaking in such a manner as to ensure, so far as is practicable, that he and other persons, not being his employees, who may be affected thereby are not thereby exposed to risks to their safety or health. 

(2) It shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons, not being his employees, who may be affected by the manner in which he conducts his undertaking, the prescribed information on such aspects of the manner in which he conducts his undertaking as might affect their safety or health.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 16, Kewajipan Untuk Membentuk Dasar Keselamatan dan Kesihatan

Section 16. Duty to formulate safety and health policy. 

Except in such cases as may be prescribed, it shall be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 15, Kewajipan Am Majikan dan Orang yang Bekerja Sendiri Kepada Pekerja Mereka

Section 15. General duties of employers and self-employed persons to their employees. 

(1) 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. 

(2) Without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular-
(a) the provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risks to health; 
(b) the making of arrangements for ensuring, so far as is practicable, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances; 
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees; 
(d) so far as is practicable, as regards any place of work under the control of the employer or self-employed person, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it that are safe and without such risks; 
(e) the provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work.

(3) For the purposes of subsections (1) and (2)-
(a) "employee" includes an independent contractor engaged by an employer or a self-employed person and any employee of the independent contractor; and 
(b) the duties of an employer or a self-employed person under subsections (1) and (2) extend to such an independent contractor and the independent contractor's employees in relation to matters over which the employer or self-employed person-
(i) has control; or 
(ii) would have had control but for any agreement between the employer or self-employed person and the independent contractor to the contrary.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 14, Laporan Tahunan

Section 14. Annual report. 

The Council shall, as soon as practicable, after the 30th June but before the 31st December of each year, prepare and forward to the Minister a report of its activities for a period of twelve months ending on the 30th June of each year.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 13, Jawatankuasa

Section 13. Committees. 

(1) The Council may-
(a) establish committees in respect of different industries for the purpose of assisting the Council to perform its functions in relation to industry codes of practice; and 
(b) establish such other committees as it thinks fit for the purpose of assisting the Council to perform its other functions.

(2) A committee shall consist of such number of persons as may be appointed by the Council from among its members. 

(3) Notwithstanding the provision of subsection (2), the Council may invite any person or a representative of any organisation to advise a committee established under subsection (1) in the carrying out of its functions. 

(4) A person appointed under subsection (2) or invited to be a member of a committee under subsection (3) may be paid such allowance as may be determined by the Council with the approval of the Minister.


Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 12, Perlantikan Setiausaha Kepada Majlis

Section 12. Appointment of secretary to the Council. 

(1) The Minister shall appoint a public officer from the office of the Director General to be the secretary to the Council. 

(2) The Council may, with the approval of the Minister, arrange for the use of the services of any staff or facility of the office of the Director General.



Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut

OSHA 1994, Seksyen 11, Kuasa dan Fungsi Majlis

Section 11. Powers and functions of the Council. 

(1) The Council shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act. 

(2) The Council may, and when requested by the Minister to do so shall, carry out investigations and make reports and recommendations to him with regard to any matter relating to the objects of this Act and, in particular, but without prejudice to the generality of the foregoing provisions, with regard to -

(a) changes it considers desirable to occupational safety and health legislation; 
(b) the improvement of the administration and enforcement of occupational safety and health legislation; 
(c) the fostering of a co-operative consultative relationship between management and labour on the safety, health and welfare of persons at work; 
(d) the special problems with respect to occupational safety, health and welfare of women, handicapped persons and other groups in the community; 
(e) the establishment of adequate methods of control of industrial chemicals at a place of work; 
(f) the statistical analysis of occupationally related deaths and injuries; 
(g) the provision of health care facilities at a place of work; 
(h) the fostering of the development and adoption by law of industry codes of practice related to occupational safety, health and welfare; 
(i) the development of rehabilitation plans and facilities to assist persons injured at a place of work.

Nota: Semua Yang Tertulis Diatas Adalah Tertakluk Kepada Pindaan Akta Tersebut