PETALING JAYA: Some small businesses are claiming that they were unaware of the amended Occupational Safety and Health Act (Osha) until the recent announcement of its impending enforcement in June.

Malaysian Employers Federation (MEF) president Datuk Dr Syed Hussain Syed Husman said that although the amended Act was already gazetted in 2022, a general lack of awareness has resulted in small businesses being caught unawares.

“After the announcement that the Act will be enforced on June 1, a lot of small businesses have contacted MEF for advice,” he said.

The latest Osha amendment expanded the Act to cover all workplaces, with the exemption of the armed forces, workers on board ships and domestic (household) employment.

“This means that regardless of risk and the nature of the operation, all business sectors will be covered by Osha,” he said.

Syed Hussain added that with the right support and incentives from the government, such as subsidising investments in occupational safety and health, micro, small and medium-sized enterprises (MSMEs) will be able to cope with the implementation.

He cited the development of Stepwise OSH Level Verification and Enhancement for small and medium enterprises (SOLVE4SME) by the Occupational Safety and Health Department (DOSH) as an example of such support.

“The SOLVE4SME was established to enable MSMEs to implement high-impact and cost-effective safety and health programmes at their workplaces,” he said.

However, he hopes DOSH will tailor its approach for small businesses which may struggle while complying with legal requirements.

Of particular interest to small businesses is Section 29A of the amended Osha, where employers must appoint at least one Occupational Safety and Health Coordinator. The Act said where the nature of business falls under the Occupational Safety and Health (Safety and Health Officer) Order 1997, employers should appoint a safety and health officer to advise and monitor occupational safety and health at the workplace.

“These requirements will ensure that employers appoint a person in charge of implementing occupational safety and health self-regulation. They will also be able to conduct a comprehensive risk assessment and improve the safety and health at their respective workplaces,” he said.

On non-compliance, the amended Subsection 49(2) of the Act increased the penalty from RM50,000 to RM500,000 for those who fail to comply with notices issued, a development MEF said should only be deployed as the last resort.

“Employers should be given ample time to conform to the legal provisions before being imposed with any penalties,” he said, while noting that the increased penalty shows the government’s commitment to improve the national occupational safety and health landscape.

“It could also encourage employers to be more proactive in promoting a generative safety and health culture.”

A generative culture often promotes an environment where there is free flow of information, and where innovative ideas are nurtured, while creating a welcoming place for high performance and continuous improvement.

However, Syed Hussain said that uplifting occupational safety and health cannot be left to employers alone.

“All stakeholders, the government and employees must take responsibility too,” he said.

https://www.thestar.com.my/news/nation/2024/05/01/some-small-businesses-say-theyre-unaware-of-osha