Safety Committee Requirements Malaysia: OSHA 1994 Key Provisions Explained

Disclaimer: This article provides general guidance based on Malaysia's Occupational Safety and Health Act 1994 (Act 514) and the Safety and Health Committee Regulations 1996. Requirements may be updated by DOSH. Always verify current requirements with official sources and consult qualified OSH professionals for your specific workplace situation.

You must set up a Safety and Health Committee if your workplace meets the legal thresholds under Malaysia's OSHA 1994, and the committee must follow prescribed rules on composition, member selection, and duties to keep your team safe.

A properly formed committee helps you spot risks early, fix hazards, and show regulators that your workplace takes safety seriously.

This guide covers:

• Which workplaces need a committee (the 40-employee threshold)
• Who should sit on it and how members are selected
• What the committee must do day to day
• Meeting requirements and record-keeping
• How the committee links with DOSH and national safety authorities

Legal Framework for Safety and Health Committees

This section explains the key laws, rules, and enforcement powers that set up safety committees in Malaysian workplaces. You'll learn what the Act requires, the specific committee regulations, and how the government enforces compliance.

Overview of the Occupational Safety and Health Act 1994

The Occupational Safety and Health Act 1994 (Act 514) makes employers and employees share responsibility for workplace safety. It requires employers to prepare a written safety and health policy when you have five or more workers and to maintain safe systems of work.

Section 30 specifically allows for the establishment of a safety and health committee at each place of work. The Act sets duties such as risk assessment, training, and accident reporting. It also gives penalties for breaches, which can include fines and imprisonment for serious offences.

Safety and Health Committee Regulations 1996

The Occupational Safety and Health (Safety and Health Committee) Regulations 1996 set out how committees must be formed and run. These regulations detail committee composition, election or appointment of members, meeting frequency, and record keeping.

You must include employee representation; the exact numbers and officer roles are prescribed in the regulations. Committees need to meet regularly and keep minutes. They investigate hazards, recommend corrective actions, and communicate with management and workers.

Following these rules proves you are doing due diligence during a DOSH inspection.

Role of the Malaysia Government in Enforcement

The Malaysian government enforces OSHA through the Department of Occupational Safety and Health (DOSH) under the Ministry of Human Resources. DOSH inspects workplaces, issues improvement or prohibition notices, and can prosecute breaches of the Act and regulations.

You should expect random or complaint-driven inspections and the need to present records, policies, and committee minutes on request. DOSH also issues guidance, conducts awareness programs, and may require employers to implement specific corrective actions.

Where non-compliance persists, DOSH can impose fines, compounds, or initiate court action. Your cooperation with inspectors and timely remedial action reduce legal risk.

Establishment Criteria and Composition

You must set up a safety and health committee when your workplace meets legal thresholds and follow prescribed rules for who sits on it. The committee's makeup, how members join, and any special directives from the Director General affect its powers and duties.

Threshold for Mandatory Committee Formation

You must form a safety and health committee if your workplace employs 40 or more persons, as stated in Section 30 of the OSHA 1994 regulations. Count all employees working at the same place of work; contract or temporary workers are included if they work regularly on site.

If your employee numbers fall below the threshold, you still may form a committee voluntarily to improve safety. Employers with multiple workplaces should assess each site separately, so a large site triggers a committee even if company-wide totals differ.

Appointment of Committee Members

You must appoint members through the process prescribed in the regulations or by election where required. The employer usually nominates management representatives, while worker representatives come from nominations or elections among employees.

Choose members who understand workplace hazards and can represent their group's concerns. Appointed officers often include a chair (usually management), a secretary, and worker reps. Record appointments in writing and keep minutes of all meetings for compliance and review.

Director General Directives

You must follow any additional rules the Director General issues about committee composition, powers, and procedures. The Director General can set specific requirements or give directions for particular industries or workplaces with special risks.

If the Director General issues a directive, implement it promptly and keep written evidence of compliance. Non-compliance with such directives can lead to enforcement actions, so maintain clear records showing how you met any extra requirements.

Committee Representation Structure

Your committee must balance management and worker representation to allow effective consultation. Typical structures specify equal or proportionate numbers of management and worker members, and may require safety officers or technical experts to attend certain meetings.

Define roles clearly: the chair leads meetings, the secretary keeps records, and worker members bring frontline observations. Include terms of office, replacement procedures, and training requirements so members can perform duties confidently.

Core Functions and Responsibilities

This section lists the clear tasks you must carry out, the regular activities the committee will run, and ways to build a safer workplace. It focuses on concrete actions, required records, meeting cadence, and how you improve safety behavior day to day.

Duties of Employers and Employees

You must provide a written Safety and Health Policy once your workplace has five or more employees and keep it visible to staff. Arrange regular risk assessments and document corrective actions. Provide suitable personal protective equipment (PPE), training records, and medical surveillance where hazards require it.

Keep incident and near-miss logs and report notifiable accidents to DOSH within the required time frame. Employees must follow instructions, use PPE correctly, and report hazards immediately. Both parties must participate in safety drills and allow access for DOSH inspections.

Committee Goals and Activities

You will set measurable goals such as reducing lost-time injuries, lowering near-miss frequency, or completing monthly site inspections. Hold formal committee meetings at least quarterly if you meet the 40-employee threshold. Record minutes and action items.

Assign roles: chair, worker representatives, and a secretary to keep records and follow up on actions. Routine activities include workplace inspections, accident investigations, review of risk assessments, and auditing PPE use.

Use a simple agenda: previous minutes, inspection findings, open actions, training needs, and improvement proposals. Track progress with a short action register showing owner, due date, and completion status.

Promoting Occupational Safety Culture

You must lead by example: ensure supervisors enforce safe work procedures and recognize safe behavior. Communicate the policy and committee decisions in plain language during toolbox talks and posted notices. Train new hires on critical safety controls on day one and refresh training for high-risk tasks regularly.

Encourage reporting by protecting employees from retaliation and acting promptly on reports. Use short, frequent safety communications: photos of hazards fixed, brief success metrics, and short lessons from incidents.

Measure culture with simple indicators: near-miss reporting rate, attendance at safety meetings, and completion of assigned actions.

Committee Operations and Best Practices

Committees must run clear meetings, inspect the workplace regularly, and follow established industry codes. You should assign roles, document actions, and use inspections and codes to close hazards quickly.

Conducting Meetings and Reporting

Hold meetings at scheduled intervals and after serious incidents. Prepare an agenda that lists specific items: incident reviews, open action items, inspection results, and training needs. Start on time and record attendees, decisions, and deadlines in meeting minutes.

Use a simple template for minutes so you capture: action, owner, due date, and status. Circulate minutes within 48 hours and follow up at the next meeting. If a Safety and Health Officer attends, note their advice and any required compliance steps.

Keep a visible action tracker (spreadsheet or digital board). Update it weekly and review overdue items in each meeting. This gives you clear accountability and shows regulators your committee works.

Plant Inspections and Audits

Schedule regular inspections and additional checks after accidents or near-misses. Assign inspection teams that include worker representatives and the Safety and Health Officer when possible. Use a checklist tailored to your workplace hazards and industry.

During inspections, record unsafe conditions, unsafe acts, and immediate fixes. Photograph hazards and tag equipment out of service if needed. Prioritize findings by risk level and assign corrective actions with deadlines.

For audits, compare practices against legal requirements and industry codes of practice. Prepare an audit report that lists nonconformities, corrective actions, and target dates. Track closure of audit findings until verification is documented.

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Implementation of Industry Codes of Practice

Adopt relevant industry codes of practice and make them part of your committee's work plan. Identify which codes apply to your operations and map them to existing policies, procedures, and training.

Translate code requirements into specific tasks: equipment checks, permit systems, or training modules. Assign a lead, often the Safety and Health Officer, to coordinate implementation and liaise with management.

Train workers on any changes and update your inspection checklists to reflect code items. Monitor compliance through spot checks and internal audits. Keep documentation of how each code clause is met so you can show regulators or auditors clear evidence.

Incident Notification and Health Challenges

You must report any workplace incidents quickly and keep clear records. Timely notification, proper medical steps, and ongoing monitoring protect workers and help you meet legal duties.

Notification of Accidents

You must notify DOSH and keep internal records when an accident, dangerous occurrence, or fatality happens. Report serious incidents to the relevant DOSH office within seven days, and preserve the scene until an inspector arrives unless it is unsafe to do so.

Include the injured person's name, date and time, location, nature of injury, and a brief description of how it happened in your report. Keep an internal incident log and a JKKP form or equivalent. Take photos, gather witness statements, and secure equipment for inspection.

Train supervisors to secure the area, render first aid, and notify emergency services when needed. Review the incident within 24-72 hours and decide corrective actions. Document follow-up checks and staff briefings to reduce repeat events.

Managing Occupational Poisoning

If a worker is exposed to toxic substances, act fast and follow emergency medical guidance. Move the worker to fresh air, remove contaminated clothing, and administer first aid per the chemical's Safety Data Sheet. Notify medical personnel of the substance name, route of exposure, and amount if known.

Record the exposure and initiate a chemical incident report that lists the product, concentration, control measures in place, and personnel involved. Preserve samples of the chemical container and labels for testing. Inform your safety committee and provide immediate medical surveillance for exposed workers.

Review storage, handling, PPE, and ventilation after any poisoning event. Update your risk assessment and training to close gaps. Keep medical and exposure records for the period required by law and for use in any follow-up health monitoring.

Responding to Occupational Diseases

Report suspected occupational diseases promptly and arrange medical assessment for affected workers. Provide the clinician with the employee's job history, tasks, exposure timeline, and any monitoring data such as noise or air sampling results.

Start a case file that includes medical reports, workplace exposure records, and the employer's corrective actions. Assess other workers in similar roles and begin targeted health surveillance where a pattern appears. Use written programs for monitoring, such as respiratory or hearing checks, when hazards warrant ongoing checks.

Implement control measures based on the investigation: engineering controls, substitution, stricter PPE, or changes to work practices. Inform the safety and health committee of trends and planned actions. Keep records of notifications, medical findings, and steps taken to protect staff.

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Role of National Bodies and Oversight

National bodies set policy, issue guidance, and enforce rules that affect how your workplace forms and runs a Safety and Health Committee. They also provide training, inspection powers, and channels for reporting non-compliance.

National Council for Occupational Safety and Health

The National Council for Occupational Safety and Health advises on policy and coordinates national OSH programs you must follow. It brings together government, employer, and worker representatives to shape standards that affect committee composition, training, and reporting.

You should expect the Council to issue strategic plans and national targets that influence your committee's priorities. It also helps align local rules with the Occupational Safety and Health Act 1994 and later amendments, so your policies match national expectations.

The Council often sponsors public guidance, awareness campaigns, and competency frameworks. These materials help you design committee charters, set meeting frequency, and define member roles. When national campaigns focus on hazards like chemical safety or mental health, you should update your committee actions accordingly.

Oversight and Support Mechanisms

Regulatory oversight comes from the Department of Occupational Safety and Health (DOSH), which inspects workplaces, enforces compliance, and can require changes to your committee's procedures. DOSH officers may review committee minutes, training records, and safety policies during inspections.

You can use government training programs and accredited courses to certify committee members or a Safety and Health Coordinator if required. Records from approved training strengthen your defence in an inspection or investigation.

Enforcement tools include improvement notices, compound fines, and prosecutions under OSHA 1994. Maintain clear documentation: meeting minutes, risk assessments, and incident reports, because inspectors use those to judge whether your committee is effective.

Frequently Asked Questions

What are the composition requirements for a safety committee under Malaysian OSHA 1994?

Your workplace must form a safety and health committee if 40 or more persons are employed, per Section 30 of the Act. The regulations prescribe committee composition including both employer and employee representatives. Follow the prescribed procedures when selecting members and ensure balanced representation.

How often must a safety committee meet according to OSHA regulations in Malaysia?

You must hold committee meetings regularly as set by the regulations and your workplace procedures. The regulations require periodic meetings; many employers schedule monthly or quarterly meetings to meet practical monitoring and consultation needs. Document all meetings with formal minutes.

What are the duties and responsibilities of a safety committee under Malaysian OSHA 1994?

Your committee must inspect the workplace after accidents, near-misses, dangerous occurrences, occupational poisoning, or disease, as soon as it is safe to do so. The committee also reviews safety policies, advises management, promotes safe work practices, and participates in incident investigations and hazard control planning.

Are there specific training requirements for safety committee members in Malaysia?

Yes. The regulations prescribe training and competency expectations for committee members. Employers typically provide training on legislative duties, hazard recognition, incident investigation, and committee procedures. Ensure members receive documented, periodic training tailored to their roles.

What are the reporting obligations of a safety committee?

Your committee must report findings, recommendations, and incident outcomes to management and keep records of meetings and inspections. When incidents occur, the committee contributes to required accident reporting and may help prepare documentation for enforcement or regulatory review.

How is the effectiveness of a safety committee measured?

Measure effectiveness by tracking actions completed from meeting minutes, reductions in accident and near-miss rates, the speed of corrective actions, and member participation levels. Conduct regular reviews of committee performance and update procedures, training, and membership if targets are not met.

Safety Committee Compliance Checklist

Use this checklist to verify your committee meets OSHA 1994 requirements.

Foundation Conclusion

Establishing an effective Safety and Health Committee is a critical step in your company's risk management strategy. By actively identifying hazards and documenting safety measures, you not only meet OSHA 1994 requirements but also demonstrate to insurers that your workplace is a well-governed environment.

A strong safety record and documented committee activities can positively influence your insurance terms. Insurers recognize that proactive safety management reduces incident frequency and claim severity.

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