Malaysia legislation

Section 3

of *OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Section 3

(a)

the severity of the hazard or risk in question;

(b)

the state of knowledge about the hazard or risk and any way of removing or mitigating the hazard or risk;

(c)

the availability and suitability of ways to remove or mitigate the hazard or risk; and

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Law of Malaysia

(d)

the cost of removing or mitigating the hazard or risk;

“premises” include—

(a)

any land, building or part of any building;

(b)

any vehicle, vessel, hovercraft or aircraft;

(c)

any installation on land, offshore installation or other installation whether on the bed of or floating on any water;

and

(d)

any tent or movable structure;

“prescribed” means prescribed by this Act or the regulations;

“principal” means any person who in the course of or for the purposes of his trade, business, profession or undertaking contracts with a contractor for the execution by or under the contractor of the whole or any part of any work undertaken by the principal;

“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];

“registered training provider” means a training provider registered under section 31C;

“self-employed person” means an individual who works for gain or reward otherwise than under a contract of service, whether or not he himself employs others;

“serious bodily injury” means any injury as specified in the

Fourth Schedule;

“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour or any combination thereof;

“substance for use at work” means any substance intended or supplied for use, whether exclusively or not, by persons at work;

Occupational Safety and Health 13

“supply”, in relation to any plant or substance, means the supply by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent for another;

“trade union” means any association or combination of workmen or employers within the meaning of the Trade Unions Act 1959 [Act 262].

(2)

For the purposes of this Act, risks arising out of or in connection with the activities of persons at work shall be treated as including risks attributable to the manner of conducting an undertaking, the plant or substances used for the purposes of an undertaking and the condition of premises so used or any part of them.

(3)

For the purposes of this Act—

(a)

“work” means work as an employee or as a self-employed person;

(b)

an employee is deemed to be at work throughout the time when he is at his place of work but not otherwise; and

(c)

a self-employed person is at work throughout such time as he devotes to work as a self-employed person.

Objects of the Act