Workplace Safety & OSHA in Malaysia 2026: Employer Duties, Employee Rights & DOSH
By SuperJobs Team · 7 min read
Quick Answer: Under Malaysia's Occupational Safety and Health Act 1994 (OSHA), employers must ensure a safe workplace, and employees have the right to refuse unsafe work without retaliation. This guide covers employer obligations, employee rights, reporting procedures, and penalties for violations.
Workplace safety in Malaysia is governed primarily by the Occupational Safety and Health Act 1994 (OSHA) and the Factories and Machinery Act 1967 (FMA). The Department of Occupational Safety and Health (DOSH) is the enforcement body responsible for ensuring compliance.
Key Legislation
| Law | Coverage |
|---|---|
| OSHA 1994 | All workplaces with 5+ employees (except the armed forces and domestic servants) |
| FMA 1967 | Factories, mills, docks, building operations, construction sites |
| EIS Act 2017 | Employment insurance and workplace injury compensation |
Employer Duties (Section 15, OSHA 1994)
Every employer has a duty to ensure, so far as is practicable:
- Safe systems of work - Proper procedures, training, and supervision
- Safe plant and equipment - Machinery properly maintained and inspected
- Safe handling of substances - Chemical safety data sheets, proper storage and handling
- Adequate information and training - Employees informed of hazards and trained in safety procedures
- Safe workplace environment - Ventilation, lighting, temperature, housekeeping
- Emergency preparedness - Fire drills, evacuation plans, first aid facilities
Employee Rights
| Right | Details |
|---|---|
| Right to know | Employers must inform employees about workplace hazards |
| Right to participate | Employees can join safety and health committees |
| Right to refuse dangerous work | Employees can refuse work that poses imminent danger (Section 26) |
| Right to report | Employees can report safety violations to DOSH without retaliation |
| Personal protective equipment | Employers must provide PPE free of charge |
Reporting Accidents & Dangerous Occurrences
| Event | Reporting Requirement |
|---|---|
| Fatal accident | Notify DOSH immediately by the fastest means, written report within 7 days |
| Non-fatal serious injury | Written report to DOSH within 7 days |
| Dangerous occurrence | Report to DOSH within 7 days |
| Occupational disease | Report to DOSH as soon as diagnosed |
| SOCSO claim | Filed by employer within 30 days of accident |
Safety & Health Committee (Section 30)
- Required for workplaces with 40 or more employees
- Must include both management and employee representatives
- Must meet at least once every 3 months
- Roles: Inspect workplace, investigate accidents, recommend safety improvements
Penalties for Non-Compliance
| Offence | Penalty |
|---|---|
| Failure to ensure workplace safety | Fine up to RM 50,000 and/or imprisonment up to 2 years |
| Failure to report accident | Fine up to RM 10,000 and/or imprisonment up to 1 year |
| Failure to establish safety committee | Fine up to RM 5,000 and/or imprisonment up to 6 months |
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?Frequently Asked Questions
What is OSHA and how does it apply in Malaysia?
The Occupational Safety and Health Act 1994 (OSHA) is Malaysia's primary legislation governing workplace safety. It requires employers to ensure the safety, health, and welfare of all employees. OSHA applies to all industries except the armed forces and domestic work.
What are an employer's responsibilities under OSHA Malaysia?
Employers must provide a safe workplace, maintain equipment, ensure proper training, establish safety committees (for workplaces with 40+ employees), and report accidents. They must also prepare a written safety and health policy and conduct regular risk assessments.
Can I refuse unsafe work in Malaysia?
Yes, under OSHA, employees have the right to refuse work they reasonably believe poses imminent danger to their safety or health. The employee should report the concern to their supervisor or safety committee. Employers cannot take retaliatory action against employees who raise safety concerns.
What are the penalties for OSHA violations in Malaysia?
OSHA violations can result in fines up to RM 50,000 or imprisonment up to 2 years, or both, for general offences. For serious violations causing death or injury, penalties can be significantly higher. The Department of Occupational Safety and Health (DOSH) conducts inspections and enforcement.
Does my employer need to report workplace accidents in Malaysia?
Yes, employers must report workplace accidents to DOSH. Fatal accidents and dangerous occurrences must be reported immediately. Other accidents causing more than 4 days of medical leave must be reported within 7 days using the prescribed JKKP-6 form.