How to Form and Run a Safety and Health Committee in Malaysia (2026 Guide)

Disclaimer: This article provides general guidance based on OSHA 1994 (Act 514) and the Occupational Safety and Health (Safety and Health Committee) Regulations 1996 as of January 2026. Regulations may be amended. Always verify current requirements with DOSH or qualified legal counsel.

Your workplace has 40 or more employees. Under Malaysian law, you need a Safety and Health Committee. But forming one that actually works, rather than just ticking a compliance box, requires understanding the regulations and building proper processes from day one.

This guide walks you through the complete process of establishing and running a Safety and Health Committee that meets DOSH requirements and genuinely improves workplace safety.

For the basic legal requirements and who needs a committee, see our Safety Committee Requirements Malaysia OSHA 1994 overview. This guide focuses on the practical how-to.

This guide covers:

• Step-by-step committee formation process
• Chairman and secretary appointment rules
• Member selection and composition requirements
• Running effective quarterly meetings
• Workplace inspection procedures
• Accident investigation protocols
• Documentation and reporting obligations

Committee Composition Requirements

The size and structure of your committee depends on your total workforce. The regulations specify minimum numbers, but you can exceed these if your workplace complexity warrants it.

Minimum Committee Size by Workforce

The chairman and secretary are additional to these numbers. So a workplace with 150 employees needs at minimum: 1 chairman + 1 secretary + 4 employer representatives + 4 employee representatives = 10 members total.

Required Roles

Step-by-Step Formation Process

Follow this sequence to establish your committee properly. Rushing this process or skipping steps creates problems later.

Phase 1: Preparation (Week 1-2)

Phase 2: Appointments (Week 2-3)

Phase 3: Establishment (Week 3-4)

Phase 4: Operationalisation (Week 4+)

Chairman Appointment and Duties

The chairman drives the committee's effectiveness. A disengaged chairman produces a compliance-only committee that adds no real value.

Who Can Be Chairman

Under Regulation 6(1), the chairman must be either:

• The employer themselves, OR
• A person nominated by the employer from among the employer's representatives

In practice, this means a senior manager, director, or the business owner. The chairman cannot be an employee representative.

Chairman's Statutory Functions

Secretary Role and Responsibilities

The secretary handles the administrative backbone of the committee. Get this wrong, and you'll have no documentation trail when DOSH comes calling.

Who Becomes Secretary

The regulations create a hierarchy for secretary appointment:

Secretary's Statutory Functions

Selecting Employee Representatives

Employee representatives must genuinely represent the workforce. The selection method depends on trade union presence at your workplace.

Selection Method Decision Tree

Running an Employee Election

If you need to conduct an election, follow this process:

1. Announce the election at least 2 weeks in advance, explaining the committee's purpose and representative role
2. Call for nominations from among non-management employees
3. Verify eligibility of nominees (must be employees, not management)
4. Conduct secret ballot during working hours to maximise participation
5. Count votes with witnesses present
6. Announce results and document the process

Keep election records. If there's ever a dispute about legitimate employee representation, you'll need to show the selection was proper.

The 11 Statutory Functions of the Committee

Regulation 10 lists what the committee must do. These aren't suggestions; they're legal obligations.

Complete List of Committee Functions

Running Effective Quarterly Meetings

Meetings are where the committee's work becomes visible. Poorly run meetings waste everyone's time and create minimal safety value.

Meeting Frequency Requirements

Quarterly is the minimum. Many effective committees meet monthly, especially in higher-risk industries like manufacturing and construction.

Standard Meeting Agenda

Quorum Requirements

Under Regulation 8, a meeting requires at least half the committee members present to be valid. If you have 10 members, you need at least 5 present.

No quorum means no valid meeting. Decisions made without quorum can be challenged.

Workplace Inspection Procedures

Inspections are how the committee finds problems before they cause injuries. Paper-based committees that never walk the floor add no value.

Inspection Types

Inspection Checklist Categories

A good inspection checklist covers:

• Housekeeping: Cleanliness, clear walkways, proper storage
• Fire safety: Extinguisher access, exit routes, signage
• Electrical: Exposed wiring, overloaded outlets, damaged cords
• Machinery: Guards in place, emergency stops working, maintenance status
• Chemical storage: Proper labelling, containment, SDS availability
• PPE: Availability, condition, proper use
• First aid: Kit contents, accessibility, trained personnel
• Ergonomics: Workstation setup, manual handling practices

Inspection Report Format

Accident Investigation Process

Investigating accidents isn't about assigning blame. It's about finding root causes so you can prevent recurrence.

When to Investigate

Investigation Steps

1. Secure the scene to preserve evidence (unless emergency response requires otherwise)
2. Provide first aid/medical attention to injured persons
3. Notify relevant parties including DOSH if required under NADOPOD Regulations
4. Gather evidence: photos, physical evidence, documents
5. Interview witnesses separately, as soon as possible while memory is fresh
6. Identify root causes using techniques like 5 Whys or fishbone diagram
7. Develop recommendations to prevent recurrence
8. Write investigation report
9. Present findings to committee
10. Track implementation of corrective actions

Training Requirements for Committee Members

Committee members need to understand their role and how to perform it effectively. Untrained members can't contribute meaningfully.

Recommended Training Topics

NIOSH and various private providers offer Safety and Health Committee training courses. Some are HRDF-claimable.

Penalties for Non-Compliance

The OSHA (Amendment) Act 2022 significantly increased penalties. Non-compliance is now expensive.

Current Penalty Structure

The previous maximum fine was RM5,000. The twenty-fold increase signals that regulators are serious about committee compliance.

Common Mistakes and How to Avoid Them

Formation Mistakes

Operational Mistakes

Self-Assessment Checklist

Use this to verify your committee meets requirements.

Formation Checklist

Operations Checklist

FAQ

Do I need a committee if I already have a Safety and Health Officer?

Yes. The SHO requirement and committee requirement are separate obligations. If you have 40+ employees, you need a committee regardless of whether you have an SHO. The SHO will automatically become the committee secretary.

Can committee members be disciplined for raising safety concerns?

No. Section 27 of OSHA 1994 protects employees from discrimination for participating in safety activities. Disciplining a committee member for raising legitimate safety concerns could expose the employer to legal action.

What if employee representatives refuse to participate?

Document your attempts to establish the committee properly. If employees decline nomination, conduct a proper election anyway. If no one stands for election, document this and notify DOSH. The employer's obligation is to establish the committee; employee non-participation doesn't excuse the employer, but documentation shows good faith effort.

How long do committee members serve?

The regulations don't specify a fixed term. Common practice is 2-year terms with staggered rotation so there's always continuity. Define terms in your committee's terms of reference.

Can we combine the safety committee with other committees?

No. The Safety and Health Committee must be a distinct body with its own meetings, minutes, and functions. You can't subsume it into a general welfare committee or management meeting.

What records must we keep and for how long?

Keep all committee records including minutes, inspection reports, investigation reports, and member lists. While regulations don't specify retention periods, best practice is to retain records for at least 7 years, aligned with general employment record requirements.

Can the employer reject committee recommendations?

Yes, but the employer must respond to recommendations. The chairman's duty includes ensuring the employer considers and responds to committee recommendations. Employers should document reasons for rejecting recommendations to demonstrate the decision was reasoned, not arbitrary.

What happens during DOSH inspections?

DOSH officers will typically ask to see committee formation documents, meeting minutes, inspection records, and evidence that the committee is functioning. They may interview committee members. Having organised documentation ready speeds up inspections and demonstrates compliance.

Do contract workers count toward the 40-employee threshold?

Workers regularly present at the workplace count toward the threshold, including contract workers on long-term assignments. Casual visitors or occasional contractors don't count.

Can meetings be held virtually?

The regulations don't prohibit virtual meetings. During and after the COVID-19 pandemic, virtual and hybrid meetings became accepted practice. Ensure proper documentation of attendance and decisions regardless of meeting format.

Foundation Conclusion

A Safety and Health Committee that functions properly does more than satisfy regulatory requirements. It creates a structured channel for identifying hazards, investigating incidents, and driving continuous safety improvement.

The RM100,000 penalty for non-compliance reflects how seriously Malaysian regulators take committee requirements. But the real cost of a poorly functioning committee, or no committee at all, shows up in accidents that could have been prevented.

For industrial and construction operations, the committee is where frontline knowledge meets management authority. Employees see hazards daily that management may never notice. The committee gives those observations a formal path to action.

Foundation helps Malaysian industrial and construction businesses understand their operational risks and structure appropriate insurance coverage. Strong safety governance, including an effective Safety and Health Committee, is part of what separates well-managed operations from those that leave outcomes to chance.

Learn more about industrial risk management at Foundation.