/akn/my/act/amendment_act/2019/A1586
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CHILDREN AND YOUNG PERSONS (EMPLOYMENT) (AMENDMENT) ACT 2019 is Malaysia Amendment Act, cited as Amendment Act A1586 2019, currently marked in force and first recorded in 2019.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
Amendment of section 1a
The Children and Young Persons (Employment) Act 1966
[Act 350], which is referred to as the “principal Act” in this Act, is amended in subsection 1a(1)—
by substituting for the definition of “child” the following definition:
‘ “child” means a person under the age of fifteen years;’;
CHILDREN AND YOUNG PERSONS
(EMPLOYMENT) (AMENDMENT) ACT 2019
by inserting after the definition of “entertainment” the following definition:
‘ “family” means a parent, sibling or guardian who has custody, of a child or young person;’;
by substituting for the definition of “light work” the following definition:
‘ “light work” means any work performed by a child or young person which is not likely—
to prejudice his attendance at school that includes any place which teaches any religion, his participation in vocational orientation or training programmes approved by the competent authority or his capacity to benefit from the instruction received;’;
in the definition of “Minister”, by substituting for the word “labour” the words “human resources”; and
by substituting for the definition of “young person” the following definition:
‘ “young person” means a person who has attained the age of fifteen years and under the age of eighteen years.’.
Amendment of section 2
Section 2 of the principal Act is amended—
by substituting for subsection (1) the following subsection:
“(1) For the purpose of this section, “hazardous work” means work specified in the Fourth Schedule.”;
Children and Young Persons (Employment) (Amendment)
by inserting after subsection (1) the following subsections:
“(1a) No child or young person shall be, or be required or permitted to be, engaged in any hazardous work, or any employment other than those specified in this section.
Notwithstanding subsection (1a), a young person may be engaged in any hazardous work with personal supervision if he is—
by inserting after subsection (2) the following subsections:
“(2a) The age of admission to light work as specified in paragraph (2)(a) shall not be less than thirteen years.
Notwithstanding subsections (2) and (3), no child or young person shall be, or be required or permitted to be, engaged in any employment specified in the Fifth Schedule.”;
by deleting paragraph (b);
in paragraph (e), by substituting for the colon at the end of the paragraph a full stop; and
in subsection (5), by deleting the words “or in any employment requiring him to work underground”; and
The principal Act is amended—
Subsection 11(1) of the principal Act is amended by deleting the words “or by the Director General”.
Amendment of section 14
by substituting for the words “ten thousand” the words
“one hundred thousand”.
Amendment of section 15
Section 15 of the principal Act is amended—
by deleting paragraph 2(c).
Children and Young Persons (Employment) (Amendment)
7
New section 15a
The principal Act is amended by inserting after section 15
the following section:
Quoted provision
The Minister may, by order published in the Gazette, amend the Schedules to this Act.”.
New Schedules
“Power to amend Schedules
The principal Act is amended by inserting after the
Third Schedule the following Schedules:
“Fourth Schedule
[Subsection 2(1)]
List of hazardous work
A. WORK RELATED TO MACHINES, INSTALLATIONS AND OTHER
EQUIPMENT
Quoted provision
Machinery
Any machine tools or production machine which can pose high risk such as drilling machines, grinding machines, cutting machines, lathes machines, scraping machines, power press machine, knitting machines, weaving machines, packaging machines and bottling machines;
Steam boiler or internal combustion engine such as diesel engines, turbines and engines for generating electricity;
Hoisting and loading machine such as lift, hoist, crane, escalators, conveyor belts, gondolas and forklift; or
Quoted provision
Heavy-duty machine such as tractors, rock breakers, graders, asphalt mixers, piling machine and agriculture machinery.
Quoted provision
Installations such as pressure pipe, electricity, firefighting system and electricity transmission lines.
B. WORK CONDUCTED IN HAZARDOUS ENVIRONMENT
Quoted provision
Work that is exposed to physical hazards
Underground work, underwater or in a confined space such as a well or a tunnel;
Work in an environment with extreme temperature and moisture or high-speed wind;
Work in an environment with noise or vibration where intensity exceeds the permissible exposure limits;
Work that produces ionizing radiation or work in an environment with ionizing radiation;
Manual handling works which may pose high risk such as lifting, lowering, pushing, pulling, carrying or moving a load.
Quoted provision
Work that is exposed to chemical hazards
Work in relation to production, processing, handling, storage, transport, removal, disposal or treatment of hazardous chemical as defined in the Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013
[P.U. (A) 310/2013]; or
Work in relation to production, processing, handling, storage, transport, removal, disposal or treatment of pesticides and schedule waste as defined in the Pesticides Act 1974 [Act 149] and the Environmental
Quality (Scheduled Wastes) Regulations 2005 [P.U. (A) 294/2005].
Quoted provision
Work that is exposed to biological hazards
Work in an environment that relates to germs, bacteria, viruses, fungi, parasites and other biological agents such as works in clinical laboratories, slaughter house, meat processing place and silo or storage for storing crops.
Children and Young Persons (Employment) (Amendment)
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C. WORK CONTAIN CERTAIN HAZARDOUS NATURE AND
CONDITION
Quoted provision
Construction work including construction of building, bridges, roads, or irrigation project.
Quoted provision
Work in timber industry such as cutting, transporting and unloading trees.
Quoted provision
Work offshore such as working in a petroleum platform.
Quoted provision
Work above or near water where the risk of drowning exist such as lifeguard, fishing activities and work in water treatment plant.
Fifth Schedule
[Subsection 2(2b)]
Employment in which children or young persons shall not be required, permitted to be or engaged in—
Quoted provision
All kind of employment that make use of, procure, or offer children or young persons for prostitution.
Quoted provision
All kind of employment as social escorts, hostesses and any other related activities.
Quoted provision
All kind of employment that require children or young persons to involve in the production or trade of alcoholic beverages.
Quoted provision
All kind of employment related to gambling and lotteries activities.
Quoted provision
All kind of employment that require children or young persons to work in any activities related to massage services or reflexology services.
Quoted provision
All kind of employment that make use of, procure, or offer children or young persons for any kind of job related to pornography.
Quoted provision
All kind of employment that make use of, procure, or involve children or young persons for the production and trade of drugs, narcotics, psychotropic substances and other addictive substances which are prohibited under any written law in operation.”.