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Safety and Health in Malaysia: A Historical Perspective

The history of workplace safety and health in Malaysia is a testament to the country’s commitment to safeguarding the well-being and welfare of its workforce.

Over the years, Malaysia has undergone significant transformations in its approach to workplace safety, reflecting an evolution from minimal regulations to comprehensive frameworks that prioritize the protection of workers.

We will delve briefly into the historical trajectory of workplace safety and health in Malaysia, highlighting key milestones, regulatory developments, and the role of various stakeholders in shaping a safer working environment.

Source: Hydraulic tin-mining operation in Kuala Lumpur. Source: University of Wisconsin, UWM Libraries

Steam Boiler Safety Era – before 1914

In 1878, Malaysia witnessed the establishment of the first job related to occupational safety when Mr. William Givan was appointed as a Machinery Inspector. His primary responsibility was to inspect the safety aspects of steam boilers, predominantly used in tin mines.

Around the 1890s, the Perak state government introduced a system of inspection conducted by individual surveyors. Those possessing qualifications in steam boiler-related fields were granted licenses to survey boilers.

By 1892, there were 83 steam boilers in Perak, mostly utilized in tin mines, with only 6 units employed in a sugar factory. However, the boiler surveyor system came to an end in 1900 with the appointment of Mr. C. Finchman as an inspector of boilers.

During that time, steam boiler regulations were specific to each of the four allied Malay states or Negeri-Negeri Melayu Bersekutu (Perak, Selangor, Pahang, and Negeri Sembilan). Each state had its own steam boiler law.

The first steam boiler law in Malaysia is believed to have been legislated in Selangor, known as the Selangor Boiler Enactment 1892. In Perak, their initial steam boiler law was enforced in 1903. It was not until 1908 that the Allied Malay States established a uniform steam boiler legislation enforced by inspectors of boilers.

Machinery Safety Era – 1914 till 1952

On January 1, 1914, the steam boiler enactments of the Allied Malay States were eliminated and substituted with the Machinery Enactment of 1913.

Under this new legislation, inspectors were no longer solely responsible for inspecting steam boilers; their duties extended to include the inspection of machineries such as self-combustion engines, water turbines, and other related auxiliary machinery.

Source: Wikipedia by Sir Iwan

Simultaneously, the job title of Inspector of Boiler was abolished and replaced by Inspector of Machinery and Assistant Inspector of Machinery.

In 1932, the Machinery Enactment of 1913 was abolished and substituted with the Machinery Enactment of 1932. This new legislation mandated the registration and inspection of installations.

During this period, the inspectors of machinery were administered by the Mineral Department, specifically its machinery branch. This arrangement was due to the fact that the majority of machinery was utilized in the mining sector, which was also the primary industry at that time.

Industrial Safety Era – 1953 till 1967

Until 1952, the Machinery Branch operated under the Mineral Department. However, due to the increasing number of inspections conducted in industries beyond mining, the branch was separated from the department and renamed as the Machinery Department.

In 1953, all machinery enactments of the Allied Malay States (Negeri-Negeri Melayu Bersekutu), Non-Allied Malay States (Negeri-Negeri Melayu Tidak Bersekutu), and Strait States (Negeri-Negeri Selat) were abolished.

They were replaced by the Machinery Ordinance 1953. This ordinance expanded the role of inspectors beyond steam boiler and machinery safety to encompass the overall safety of factory workers where those machineries were utilized.

However, the ordinance lacked comprehensive provisions for workers’ health, although there were regulations regarding safety, health, and welfare of workers.

These provisions were not fully enforced. The main provisions of the ordinance were as follows:

  • Hence there must be established a Board of Inspectors with powers to conduct inspections and to approve certificates of fitness; 
  • Hence regulations can be made;
  • Hence only machinery with approval certificates can be use;
  • Hence only approved persons can operate machineries; 
  • Hence approval from Inspections must be given before a machine can be licensed or be modified; 
  • Hence all accidents to person or property relating to machinery must be notified and investigated;
  • Hence no person should be acting in a manner that could cause injury to others or to use safety tools;
  • Hence no person should be acting in a manner that could cause injury to others or to use safety tools;
  • Hence all non-complying machinery should not be sold, borrowed or rented; and
  • Hence Inspectors are given powers to enter premises and to stop unsafe machineries.

Prior to 1964, the inventory of equipment included 786 steam boilers, 4537 unfired pressure vessels, 981 hoisting machines, and 11366 other installations. The Machinery Department’s workforce comprised 10 Inspectors, who were mechanical engineers, 5 Assistant Inspectors, who held engineering diplomas, and 5 Factory Inspectors (Technicians).

Industrial Safety and Hygiene – 1970 till 1994

The Approval of the Factory and Machinery Act

In 1967, the Factory and Machinery Act received approval from the Parliament, marking a significant development. Additionally, in the late 1960s, the department underwent a reorganization, which involved restructuring the roles and responsibilities of inspectors, as well as administrative methods and filing systems.

Furthermore, smaller branch offices in Rawang, Taiping, Tapah, and Muar were closed down. The Factory and Machinery Act, along with its eight regulations, came into effect in 1970. This led to the abolishment of the Machinery Ordinance 1953, and the department’s name was changed to the Factory and Machinery Department.

The inspectors enforcing the act were renamed Factory and Machinery Inspectors. The purpose of this act was to address the shortcomings of the Machinery Ordinance 1953, particularly in terms of worker coverage, extending protection to those working in non-machinery workplaces. Provisions pertaining to industrial health were also added.

The Act aimed to establish minimum safety, health, and welfare standards for workplaces with five or more employees and premises where machinery was used. This included factories, building construction sites, and engineering construction works. Initially, the Act was enforced only in Peninsula Malaysia, but in 1980, its enforcement was expanded to Sabah and Sarawak.

Until 1968, Chief Inspectors were British citizens, but by 1968, all inspector positions in the Machinery Department were filled by locals. The year 1968 also saw the creation of the Medical Officer and Surveillance Unit in the department. However, in 1971, the unit was transferred from the Labour Ministry to the administration of the Health Ministry.

Establishment of Industrial Hygiene Unit

During this period, several notable activities and sections were established. These include the formation of the Anti-Pollution Section in 1971, the creation of the Industrial Hygiene Unit in 1971 (later upgraded to the Industrial Hygiene Section in 1980), the initiation of petroleum safety activities with the formation of the Petroleum Safety Section in 1985, the implementation of special inspection activities to prevent major industrial accidents, and the engagement in industrial safety and health exercises with assistance from the International Labour Organisation in 1987.

Additionally, the Chemical Information System (C.I.S) was formed in 1988, and the Major Hazards Section was established in 1991. The enforcement of the Petroleum Act (Safety Measures) in 1984 involved multiple government agencies, including the Factory and Machinery Department, to oversee the transportation, distribution, storage, and related equipment and instruments of petroleum. The department fully enforced the Regulations (Safety Measures) (Transportation of Petroleum By Pipelines) 1985. Consequently, the Factory and Machinery inspectors were also appointed as Petroleum Inspectors.

Establishment of the National Institute of Occupational Safety and Health (NIOSH)

The Factory and Machinery Department proposed the establishment of a National Institute of Occupational Safety and Health to the National Advisor Council of Occupational Safety and Health in 1985. The Cabinet approved the institute’s establishment in 1991, and it was officially inaugurated by the Minister of Human Resource in December 1992. The institute, a government-backed company, focuses on training activities, information pooling and dissemination, as well as research and development in occupational safety and health.

International Collaborations

In April 1993, the Factory and Machinery Department, in collaboration with Asia-OSH and the International Labour Organisation (ILO), organized a national workshop on the development of an occupational safety and health information strategy. The workshop aimed to enhance information transfer and dissemination related to occupational safety and health practices. Following the department’s reorganization in 1969, numerous changes occurred due to the country’s rapid economic development and the enforcement of laws pertaining to the department.

The ultimate goal of occupational safety and health is to create a work environment where employees can perform their duties without unnecessary risks to their health or well-being. By prioritizing safety and health, employers can protect their workforce, reduce accidents and injuries, enhance productivity, and foster a positive work culture.

Occupational Safety and Health Era – after 1994

Empowerment to Factories and Machinery Act 1967

The Occupational Safety and Health Act of 1994 was enacted to address the limitations of the Factory and Machinery Act of 1967, which only covered certain industries such as manufacturing, mining, quarrying, and construction.

The new legislation aimed to extend occupational safety and health coverage to other industries as well. While the Factory and Machinery Act of 1967 only protected 24% of the nation’s workforce, the Occupational Safety and Health Act of 1994 aimed to cover 90% of the total workforce, excluding those working in ships and the armed forces.

The primary objective of the Occupational Safety and Health Act of 1994 was to promote awareness of occupational safety and health among workers and establish effective safety measures through self-regulation schemes tailored to each industry or related organization.

This Act, comprising 15 sections, superseded any conflicting provisions in existing occupational safety and health laws, including the Factory and Machinery Act of 1967. It complemented other legislative provisions and resolved conflicts in favor of the Occupational Safety and Health Act of 1994.

Self-Regulated, Tripartite Consultation & Cooperation

The Act defined the responsibilities of various parties, including employers, manufacturers, employees, self-employed workers, designers, importers, and vendors.

These responsibilities carried significant liabilities and required careful attention. Three fundamental principles formed the basis of this Act.

First, self-regulation emphasized that employers must establish sound management systems to address occupational safety and health issues, starting with the formulation of a safety and health policy.

Second, consultation required negotiation among employers, employees, and the government to resolve occupational safety and health matters in the workplace.

Third, cooperation stressed the importance of employers and employees working together to enhance occupational safety and health. Successful implementation of occupational safety and health programs relied on the cooperation between these parties.

Empowerment to the DOSH Officers

The Act also provided for the appointment of enforcement officers, the establishment of the National Council for Occupational Safety and Health, and the development of policies and measures to safeguard the safety, health, and welfare of workers and other individuals affected by work activities. The powers of enforcement, inspection, and the consequences of non-compliance were clearly defined.

Following the enactment of this Act, the Department of Factory and Machinery was renamed the Department of Occupational Safety and Health (DOSH) in April 1994, and the Inspectors became known as Occupational Safety and Health Officers.

The industries covered by this Act include:

  • manufacturing
  • mining and quarrying
  • construction
  • agriculture, forestry and fishing
  • utilities – gas, electric, water and sanitary services 
  • transport, storage and communication 
  • wholesale and retail traders 
  • hotels and restaurants
  • finance, insurance, real estate, business service
  • public services and statutory authorities

Occupational Safety and Health Master Plan 2015 (2010-2015) (OSH-MP 15) Era

To ensure Malaysia’s stability and growth in the regional and global economy, the country must confront challenges related to the working environment. In this regard, it is essential for Malaysia to learn from more advanced foreign countries.

In the specific context of occupational safety and health (OSH), Malaysia can gain valuable insights and implement OSH practices from foreign countries, while aligning them with the country’s industry and economic growth. To facilitate this, the OSH Master Plan was established, considering all possible factors and developments.

On May 2, 2009, the Prime Minister of Malaysia launched the Occupational Safety and Health Master Plan 2015. The main objective of this plan is to foster a safe, healthy, and productive workforce by promoting and maintaining a culture of safety and health in the workplace.

The development of the Master Plan aligns with the government’s vision to achieve a “High Income, Advanced Technology” status by 2020, with each strategy supporting the foundations of this national goal.

Occupational Safety and Health Master Plan (OSHMP 2020) Era

The 11th Malaysian Plan prioritizes the well-being of the people in all development efforts, emphasizing a people-based economy. This approach reflects the government’s commitment to improving living standards, dignity, and the potential for individuals to benefit from economic development.

In line with the goal of achieving developed nation status by 2020, the country’s growth target now includes measures such as household income and the Welfare Malaysia Index to evaluate the impact of economic growth on public welfare.

The Occupational Safety and Health Master Plan 2016-2020 is a strategic program aimed at further enhancing national occupational safety and health (OSH) to protect the country’s valuable human resources and support the goals of Vision 2020.

A focus on excellence in OSH will improve employees’ quality of life and contribute to increased productivity. The plan aligns with the country’s transformation plan to achieve Vision 2020 and supports the Work Environment Index and Malaysia Social Welfare Index components.

OSH Transformation – Preventive Culture

Building upon previous OSH strategic plans, the master plan continues to promote a Safe and Healthy Work Culture among employers and employees, aiming to create safer and healthier workplaces through accident and occupational disease prevention programs.

The main strategy of the OSH-MP 2020 is the cultivation of a Preventive Culture in the workplace. This approach emphasizes awareness, responsibility, and commitment among employers and workers, respects workers’ rights, encourages worker involvement in OSH activities, enhances OSH knowledge and skills, and promotes effective risk management.

The desired outcome is the transformation of workplaces into safe and healthy environments that protect the workers, the most important asset.

Since the implementation of previous strategic plans, Malaysia has seen positive effects on the working environment index and a decrease in workplace accidents.

However, there is still room for improvement in reducing accident and fatality rates to be on par with developed countries. Additionally, occupational diseases remain underreported, highlighting a common issue faced by many nations.

The five-year OSH-MP 2020 aims to reduce the rate of accidents and fatalities by 10% and increase the reporting of occupational diseases and poisoning.

To achieve these goals, the master plan employs five main strategies: government leadership, strengthening OSH management, sharing and networking, international alliances, and mainstreaming industrial hygiene.

Stakeholders must work together to create a safe and healthy workplace through the promotion of a Preventive Culture.

The success of the OSH-MP 2020 depends on the involvement and cooperation of all stakeholders, including the government, associations, competent individuals, and other parties with influence over employers and workers.

Through this master plan, Malaysia seeks to enhance the quality of working life, increase organizational productivity and competitiveness, and improve the country’s Welfare Index, reflecting the overall quality of life for Malaysians.

Occupational Safety and Health Master Plan (OSHMP 2025) Era

The Occupational Safety and Health Master Plan 2021-2025 (OSHMP25) is a strategic program designed to enhance the nation’s occupational safety and health (OSH) to a higher level, with the aim of protecting human resources, a crucial asset for achieving the Shared Prosperity Vision 2030 (SPV 2030).

Improving OSH performance will have direct benefits such as increased quality, productivity, capacity, and job satisfaction, leading to a safe, healthy, and conducive work environment.

This, in turn, will contribute to the improvement of the Working Environment Component Index within the Malaysian Well-being Index, aligning with the nation’s OSH Policy to attain the goals of SPV 2030.

The OSHMP25 builds upon the previous three five-year strategic plans initiated in 2006, which aimed to foster a culture of safety and health among employers and employees.

Establishing a Safe and Healthy Work Culture serves as the foundation for comprehensive programs to prevent occupational diseases and accidents in the Malaysian workplace.

The key strategy of OSHMP25 is to foster a “Safety Culture” in workplaces. A positive safety culture is characterized by an organization’s and individuals’ attitudes and internal practices that prioritize safety.

Consequently, all safety-related responsibilities and requirements must be transparently and responsibly implemented. However, each organization’s safety culture is unique and diverse, similar to how every family has its own dynamics.

Therefore, achieving an appropriate safety culture requires specific observation and customization based on the context and circumstances of each organization.

In order to achieve this objective, OSHMP25 presents seven main strategic directions that focus on promoting unity and commitment among stakeholders in occupational safety and health (OSH), including raising awareness.

All parties must come together and fulfill their individual responsibilities to establish a safe and healthy work environment by embracing the principles of Safety Culture. The strategic thrusts of OSHMP25 are as follows:

  • Empowering OSH in the public sector.
  • Reinforcing self-regulation practices in the workplace.
  • Promoting OSH education and research.
  • Empowering Occupational Health.
  • Increase in OSH compliance in SME sector.
  • Enhancement of OSH through technology; and
  • Strengthening OSH in Work-Related Road Safety (WRRS), informal sectors, and future jobs.

Read
DOSH Malaysia Profile
Malaysia’s Shared Prosperity Vision 2030