Malaysia legislation
Section 9
of CHILDREN AND YOUNG PERSONS (EMPLOYMENT) (AMENDMENT) ACT 2019
Section 9
“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
Section 1
Machinery
(a)
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;
(b)
Steam boiler or internal combustion engine such as diesel engines, turbines and engines for generating electricity;
(c)
Hoisting and loading machine such as lift, hoist, crane, escalators, conveyor belts, gondolas and forklift; or
(d)
High pressure vessels.
Quoted provision
Section 2
Heavy-duty machine such as tractors, rock breakers, graders, asphalt mixers, piling machine and agriculture machinery.
Quoted provision
Section 3
Installations such as pressure pipe, electricity, firefighting system and electricity transmission lines.
B. WORK CONDUCTED IN HAZARDOUS ENVIRONMENT
Quoted provision
Section 1
Work that is exposed to physical hazards
(a)
Underground work, underwater or in a confined space such as a well or a tunnel;
(b)
Working at height which can lead to serious bodily injury;
(c)
Working environment which involves electricity at high voltage power line;
(d)
Working in a caisson with limited ventilation;
(e)
Work that uses electric welding machines or gas welding machines;
(f)
Work in an environment with extreme temperature and moisture or high-speed wind;
(g)
Work in an environment with noise or vibration where intensity exceeds the permissible exposure limits;
(h)
Work to handle, store, use and transport radioactive substances;
(i)
Work that produces ionizing radiation or work in an environment with ionizing radiation;
(j)
Work in a dusty environment that is detrimental to health;
(k)
Work which may lead to electrocution, fire or explosion; or
(l)
Manual handling works which may pose high risk such as lifting, lowering, pushing, pulling, carrying or moving a load.
Quoted provision
Section 2
Work that is exposed to chemical hazards
(a)
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
(b)
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
Section 3
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)
9
C. WORK CONTAIN CERTAIN HAZARDOUS NATURE AND
CONDITION
Quoted provision
Section 1
Construction work including construction of building, bridges, roads, or irrigation project.
Quoted provision
Section 2
Work in timber industry such as cutting, transporting and unloading trees.
Quoted provision
Section 3
Work offshore such as working in a petroleum platform.
Quoted provision
Section 4
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
Section 1
All kind of employment that make use of, procure, or offer children or young persons for prostitution.
Quoted provision
Section 2
All kind of employment as social escorts, hostesses and any other related activities.
Quoted provision
Section 3
All kind of employment that require children or young persons to involve in the production or trade of alcoholic beverages.
Quoted provision
Section 4
All kind of employment related to gambling and lotteries activities.
Quoted provision
Section 5
All kind of employment that require children or young persons to work in any activities related to massage services or reflexology services.
Quoted provision
Section 6
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
Section 7
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.”.