Malaysia legislation

Section 7B

of *OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Section 7B

(2)

If by the time the period stipulated in the notice expires the licensed person has failed to comply with the notice, the Director

General shall present a report to the Minister on such failure.

(3)

If, after considering the report from the Director General, the

Minister is satisfied that the breach is serious in nature or affects or may affect the safety and health of employees or members of the public and that the licensed person has failed or refused to take or has not taken all measures stipulated in the notice for the purpose of ensuring compliance with the condition which the licensed person has breached, the Minister may give the licensed person a notice stating that he proposes to revoke the licence granted to such person and the notice shall also state—

(a)

the breach alleged against the licensed person and the actions or omissions that constitute the breach; and

(b)

the period (which shall not be less than thirty days from the date of the notice) within which the licensed person may make representations pertaining to the revocation.

(4)

After the expiry of the period stated in the notice and after considering any representations made by the licensed person, the

Minister may decide whether to continue with the proposed revocation or take no further action.

Occupational Safety and Health 19

(5)

Where the Minister decides to revoke the licence or take no further action, the Minister shall give a notice to the licensed person to inform him of the decision, and the decision shall come into force on the date the notice is delivered to the licensed person.

(6)

A licensed person shall surrender the revoked licence to the

Director General within seven days from the date of receipt of the notice under subsection (5).

(7)

Notwithstanding the revocation of the licence, the validity of any certificate of fitness issued by the licensed person shall continue to be valid until the expiry date of the certificate of fitness and the licenced person shall continue to assume any obligation, duty and responsibility imposed by or in connection with the issuance of the certificate of fitness.

Granting of new licence upon revocation