Malaysia legislation

Section 66

of *OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Section 66

(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;

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(b)

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

(ba) prescribe the requirements with respect to any plant for the purposes of the special scheme of inspection under section 27F;

(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, mark or supply information on 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 and to minimise the risk and to mitigate the effects thereto;

(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 personal protective

Occupational Safety and Health 69

equipment and monitoring and testing facilities 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 ergonomic, physiological and psychological needs and health of their employees;

(m)

secure the provision of adequate welfare, safety and health 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 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;

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(t)

prescribe the requirements for appointing a safety and health officer, the training required of a safety and health officer and the procedures for registration;

(ta) prescribe the requirements and manner for the notification of undertaking, planning and designing management of any activity at a place of work;

(tb) prescribe the times at which and the manner in which a competent person is required to take charge or control of any plant, place of work, process, substance and activity, and any requirement relating to it;

(u)

prescribe any other matter which may appear to the

Minister to be expedient or necessary for the better carrying out of this Act.

(3)

Regulations made under this Act may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both for such offence.