Health and Safety Policy (Malaysia)
[Company Name]
OCCUPATIONAL SAFETY AND HEALTH POLICY
Occupational Safety and Health Act 1994 (OSHA 1994, Act 514), Section 16
Effective Date: [Effective Date] | Workplace: [Workplace Address]
1. POLICY STATEMENT
[Company Name] (the "Company") is committed to providing and maintaining, so far as is practicable, a safe, healthy, and hazard-free working environment for all employees, contractors, visitors, and other persons who may be affected by the Company's work activities, in compliance with the Occupational Safety and Health Act 1994 (OSHA 1994, Act 514) and its subsidiary regulations administered by the Department of Occupational Safety and Health Malaysia (DOSH).
The Company recognises that the prevention of work-related injuries, occupational diseases, and dangerous occurrences is an integral part of efficient business operations and a legal obligation under Section 15 of the OSHA 1994. The Company will allocate adequate resources — financial, human, and technical — to achieve the highest practicable standard of occupational safety and health.
Signed: ____________________________
[CEO Name]
Managing Director / Chief Executive Officer
[Company Name]
Date: [Effective Date]
2. ORGANISATION AND RESPONSIBILITIES
2.1 Managing Director / CEO: Ultimate accountability for OSH compliance. Ensures OSH is embedded in business decisions and allocates resources for safety programmes.
2.2 Safety and Health Officer (SHO): [Safety Officer Name] is appointed as the Company's Safety and Health Officer under the Occupational Safety and Health (Safety and Health Officer) Regulations 1997. The SHO advises management on OSH matters, conducts risk assessments, and liaises with DOSH.
2.3 Safety and Health Committee (SHC): [SHC Required]. SHC Chairman: [SHC Chairman]. The SHC meets at least once every 3 months under the OSH (Safety and Health Committee) Regulations 1996 to review safety performance, investigate accidents, and recommend improvements.
2.4 All Employees: Every employee has a duty under Section 24 of the OSHA 1994 to take reasonable care of their own safety and the safety of others, to cooperate with the employer in safety matters, and to report unsafe conditions or practices to the SHO or immediate supervisor.
3. HAZARD IDENTIFICATION AND RISK ASSESSMENT
3.1 The Company operates in the [Industry Type] sector. The main workplace hazards identified include: [Main Hazards].
3.2 The Company will conduct systematic hazard identification, risk assessment, and risk control (HIRARC) for all significant work activities, as recommended by DOSH under the Guidelines for Hazard Identification, Risk Assessment and Risk Control (HIRARC) 2008. Risk assessments will be reviewed following any accident, significant near-miss, or change in work process.
3.3 For workplaces involving chemicals hazardous to health, the Company will comply with the Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 (USECHH 2000), including maintaining chemical inventory registers and Safety Data Sheets (SDS) for all hazardous chemicals.
4. ACCIDENT AND INCIDENT REPORTING
4.1 All workplace accidents, dangerous occurrences, occupational poisoning, and occupational diseases must be reported to the DOSH Accident Reporting Officer: [Accident Reporting Officer], immediately and in any case before the end of the working day on which the incident occurs.
4.2 The Accident Reporting Officer will notify DOSH as required by the Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 (NADOPOD): fatal accidents — immediately by telephone and DOSH Form JKKP 6 within 7 days; non-fatal accidents causing incapacity exceeding 4 days — DOSH Form JKKP 6 within 7 days; dangerous occurrences — immediately and JKKP 6 within 7 days.
4.3 Emergency contacts: [Emergency Contact No]. First Aid Officer: [First Aid Officer]. National Emergency: 999. DOSH hotline: 1800-88-DOSH (3674).
5. TRAINING AND EMERGENCY PROCEDURES
5.1 The Company will provide OSH induction training to all new employees before they commence work, and periodic refresher training as appropriate for the hazards in each work area. First aid training under the Occupational Safety and Health (First Aid) Regulations 2004 will be provided to designated first aiders.
5.2 Fire evacuation drills will be conducted at least once every 6 months. The Company's emergency evacuation plan is displayed at all exits and communicated to all employees.
5.3 This Policy will be reviewed annually by [Safety Officer Name] and the SHC, or more frequently following a significant accident or change in the Company's operations. Updates will be communicated to all employees.
Managing Director / CEO
________________
Signature
What Is a Health and Safety Policy (Malaysia)?
A Health and Safety Policy in Malaysia sets out the standards and procedures the organisation expects its people to follow.
The OSHA 1994 is administered by the Department of Occupational Safety and Health Malaysia (DOSH / Jabatan Keselamatan dan Kesihatan Pekerjaan) under the Ministry of Human Resources (Kementerian Sumber Manusia). The Act applies to all industries in Malaysia except the maritime industry (governed by the Merchant Shipping Ordinance 1952) and the Armed Forces, and covers workplaces in Peninsular Malaysia, Sabah, and Sarawak. The Factories and Machinery Act 1967 (Act 139) — which previously regulated occupational safety in the manufacturing sector — was effectively superseded in its application by the OSHA 1994.
Section 15 of the OSHA 1994 imposes a general duty on every employer to confirm, so far as is practicable, the safety, health, and welfare at work of all employees. This general duty includes providing and maintaining safe plant and systems of work; making arrangements for safe use, handling, storage, and transport of plant and substances; providing information, instruction, training, and supervision; maintaining safe workplaces with adequate means of access and egress; and providing and maintaining a safe and healthy working environment with adequate welfare facilities.
For workplaces with 40 or more employees, or in industries specified by the Occupational Safety and Health (Safety and Health Committee) Regulations 1996 (e.g. manufacturing, construction, chemical), the employer must establish a Safety and Health Committee (SHC) under Section 30 of the OSHA 1994. The SHC reviews the effectiveness of safety measures, investigates accidents, and makes recommendations to management. Failure to establish a required SHC is an offence under Section 53 of the OSHA 1994 punishable by a fine not exceeding RM50,000 or imprisonment not exceeding 2 years or both.
The legal framework governing the Health and Safety Policy (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Health and Safety Policy (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Act 1955 (Act 265) sets the foundational requirements.
When Do You Need a Health and Safety Policy (Malaysia)?
A Health and Safety Policy is required in Malaysia whenever an employer employs 5 or more persons — the threshold under Section 16 of the Occupational Safety and Health Act 1994 (Act 514) that triggers the mandatory written policy requirement.
A Health and Safety Policy is needed when a new business commences operations and hires its fifth employee, triggering the Section 16 OSHA 1994 obligation to prepare and communicate a written safety policy to all employees before workplace activities begin.
A Health and Safety Policy is required when a company seeks ISO 45001 Occupational Health and Safety Management System certification — the international standard replacing OHSAS 18001 — which requires a documented OSH policy as a foundational element of the management system.
A Health and Safety Policy is needed during a DOSH workplace inspection under Section 29 of the OSHA 1994, when DOSH officers may request the employer to produce the written safety policy and records of safety training, risk assessments, and accident reports to verify compliance with the Act.
A Health and Safety Policy is required after a workplace accident or near-miss incident has been reported under Section 32 of the OSHA 1994, as part of the corrective action documentation to demonstrate that the employer has reviewed and updated safety procedures following the incident.
A Health and Safety Policy is needed when a construction company bids for government contracts under the Construction Industry Development Board Malaysia (CIDB) procurement requirements, which specify that contractors must have a documented OSH policy and a Safety and Health Officer (SHO) appointed under the Occupational Safety and Health (Safety and Health Officer) Regulations 1997.
Parties in Malaysia should prepare a Health and Safety Policy (Malaysia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Health and Safety Policy (Malaysia)
A valid Malaysia Health and Safety Policy under Section 16 of the Occupational Safety and Health Act 1994 (Act 514) must contain the following essential elements.
Policy Statement: A signed statement of the employer's commitment to occupational safety and health, signed by the most senior manager (Managing Director or CEO), confirming that the organisation will comply with the OSHA 1994 and that safety and health is a core business priority. The statement must be dated and reviewed annually.
Organisation and Responsibilities: A description of the safety and health management structure — identifying the persons responsible for OSH at each level of the organisation, including the appointed Safety and Health Officer (SHO) under the Occupational Safety and Health (Safety and Health Officer) Regulations 1997 (for workplaces with 100+ employees in hazardous industries), and the Safety and Health Committee (SHC) required by the OSH (Safety and Health Committee) Regulations 1996 for workplaces with 40+ employees.
Hazard Identification and Risk Assessment: The employer's procedures for hazard identification, risk assessment, and risk control under the Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 (CIMAH) and the OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 (USECHH).
Accident and Incident Reporting: The employer's procedure for reporting workplace accidents, dangerous occurrences, and occupational diseases to DOSH under Section 32 of the OSHA 1994 and the Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 (NADOPOD). Reportable accidents must be notified to DOSH within 7 days (non-fatal) or immediately (fatal or serious) under NADOPOD.
Training and Competency: The employer's commitment to providing OSH training to all employees, including new employee induction, first aid training under the Occupational Safety and Health (First Aid) Regulations 2004, and specific training for employees handling hazardous chemicals under USECHH 2000.
Emergency Procedures: The fire evacuation plan, emergency contact numbers, first aid arrangements, and procedures for shutting down hazardous equipment in an emergency — required under the Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 for CIMAH sites.
Policy Review: The frequency of policy review (minimum annually) and the name or designation of the person responsible for review, consistent with the OSHA 1994 Section 16 requirement that the policy remain current.
Additional compliance elements for a Health and Safety Policy (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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author = {{Forms Legal}},
title = {Health and Safety Policy (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/employment/hr-forms/health-safety-policy-malaysia}},
note = {Free legal document template. Based on Employment Act 1955 (Act 265)}
}Frequently Asked Questions
A written health and safety policy is mandatory under Section 16 of the Occupational Safety and Health Act 1994 (OSHA 1994, Act 514) for every employer who employs 5 or more persons. The employer must: (a) prepare and revise the policy as often as may be appropriate; and (b) bring the policy and any revision to the notice of all employees. Failure to comply with Section 16 is an offence under Section 53 of the OSHA 1994, punishable by a fine not exceeding RM50,000 or imprisonment not exceeding 2 years or both. The Department of Occupational Safety and Health Malaysia (DOSH) may issue an Improvement Notice under Section 49 of the OSHA 1994 requiring the employer to prepare or update the written safety policy within a specified time, or a Prohibition Notice under Section 50 to stop work if an imminent danger risk exists.
Under the Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 (NADOPOD), workplace accidents must be reported to the Department of Occupational Safety and Health Malaysia (DOSH) as follows: (1) fatal accident — notify the nearest DOSH office immediately by the quickest means available and submit a written report within 7 days; (2) non-fatal accident resulting in more than 4 days of incapacity — submit a written report within 7 days using DOSH Form JKKP 6; (3) dangerous occurrence (e.g. scaffold collapse, explosion) — notify immediately and submit DOSH Form JKKP 6 within 7 days; (4) occupational disease or poisoning — notify within 7 days. Reports are submitted to the DOSH online portal (oshims.dosh.gov.my). Failure to report is an offence under the NADOPOD Regulations.
A Safety and Health Committee (SHC) is a joint employer-employee committee established under Section 30 of the Occupational Safety and Health Act 1994 (Act 514) and the Occupational Safety and Health (Safety and Health Committee) Regulations 1996. An employer must form an SHC if: (a) the workplace employs 40 or more persons; or (b) the Director General of DOSH directs the employer to form one. The SHC must consist of the employer (or a representative) as chairman, a Safety and Health Officer (where required), and elected employee representatives in a ratio of at least one employee representative per employer representative. The SHC must meet at least once every 3 months, maintain minutes of meetings, and review the employer's safety policy. The SHC assists in the investigation of accidents, inspects the workplace for hazards, and recommends corrective actions to management. Failure to form a required SHC is an offence under Section 53 of the OSHA 1994.
Violations of the Occupational Safety and Health Act 1994 (OSHA 1994, Act 514) attract significant penalties under Section 53. For general offences — including breach of the general duty under Section 15 or failure to prepare a written safety policy under Section 16 — the penalty is a fine not exceeding RM50,000, or imprisonment not exceeding 2 years, or both. For offences resulting in the death of any person — for example, a fatal workplace accident attributable to the employer's failure to maintain safe systems of work — the penalty is a fine not exceeding RM500,000 (increased by the Occupational Safety and Health (Amendment) Act 2022), or imprisonment not exceeding 5 years, or both. DOSH enforcement officers may also issue Improvement Notices under Section 49 and Prohibition Notices under Section 50 to stop dangerous work immediately. Directors and managers of companies may be personally liable under Section 52 of the OSHA 1994 where a corporate offence is attributable to their neglect.
The Occupational Safety and Health Act 1994 (OSHA 1994, Act 514) applies to 'places of work' as defined in Section 3 of the Act — which includes any premises, whether or not within a building, where persons work. The Department of Occupational Safety and Health Malaysia (DOSH) has issued guidance indicating that the employer's general duty under Section 15 of the OSHA 1994 extends, so far as is practicable, to employees who work from home or other remote locations. In practice, this means employers should provide ergonomic guidelines for home-office setup, include home workers in risk assessments, and ensure that work-related injuries sustained at the home workstation are reported under NADOPOD. A work-from-home employee who sustains a work-related injury while performing employment duties at the home workstation may be eligible for SOCSO Employment Injury benefits under Scheme A of the Employees' Social Security Act 1969 (Act 4), as the injury occurred in the course of employment.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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