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In my opinion, the repeal of FMA 1967 and OSHA amendment poses benefits to the industries. The amendments bring the regulations up to date with current industrial practices, technologies, and safety standards. FMA 1967 only focused on the manufacturing industry and industries that used machinery. FMA 1967 is outdated and certain information in the act/regulations might not be useful or relevant to modern life. Apart from that, the updated regulations are likely more comprehensive, covering a broader range of industries and activities, ensuring that more workers are protected. OSHA 1994 is only being applied and enforced for industries that are listed in Scheduled 1 OSHA 1994. With the new amendment and enforcement of this law, its also includes SMEs and other industries that involved more than five workers.  Besides that, the OSH Act has been amended to increase the amount of penalties for non-compliance, which are intended to act as a strong deterrent against disregarding safety and health requirements and the consequences of failing to do so. The amount of penalties before the amendment is smaller and most of the company could pay for it.

The repeal of FMA 1967 and enforcement of OSHA represents a progressive step towards a safer and healthier working environment in Malaysia, benefiting both employees and employers in the long run. However, in my opinion, it also presents several challenges for business owners and employees. Businesses, particularly small and medium-sized firms face substantial cost difficulties when it comes to implementing new safety measures and upgrading old systems. The expenses related to compliance are not only one-time expenditures; they also involve continuing costs continuous staff training, and the purchase of safety gear. Implementing new safety protocols often requires extensive training for employees and management, adding to operational expenses. Another challenge that I think arises from the current amendment is the lack of specificity in the regulations since the repeal of FMA 1967. The main act sets out principles and requirements, while detailed supporting regulations due to the repeal of FMA 1967 is still lacking. The supporting regulations are essential in order to provide clear guidance on implementation. Without such guidance, the industries might experience hurdles and struggle to understand precisely what is expected of them, leading to confusion and inconsistent compliance across industries. However, I believe that the authority is still in the progress in developing the regulations/ICOP/guidelines to replace the FMA and the regulations/ICOP/guidelines will be available for all of us once its ready.

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The OSHA amendment and FMA repeal:

The OSHA amendment and FMA repeal is a positive move to ensure more robust and effective OSH management. Through OSHA, employers will manage OSH proactively followed by full participation by the employee and with a minimal reliance to regulation, guidance or surveillance from the government, as compared to a descriptive approach through FMA. This self-regulation approach can ensure that all parties such as employer, employee and government play their respective roles and responsibilities effectively. In addition, through OSHA, a more dynamic and comprehensive OSH management could be put in practice in considering of any hazards and risks introduced in the workplace especially with enhancement of future technologies, whereas FMA highly focuses on the technical aspects and issues.

Furthermore, the OSHA amendment and FMA repeal also a beneficial effort in avoiding confusion especially in an overlapping requirement between both acts for instance the section relating to NADOPOD. Besides, the amendment of OSHA also to address the gap in risk control taken by workplace as well as emergency response and preparedness. In addition, in line with Article 9 of the ILO C155, the improvement on OBL and penalty is to ensure the effectiveness of the law to be improved through sufficient supervision by the authorities and supported by the stricter penalty requirements.

Challenges and hurdles:

Amendment of requirements such as risk assessment or emergency responses requires time for implementation as well as knowledge and skills especially for workplaces that still have no relevant knowledge, skills, as well as manpower to do it. This undoubtedly contributes to the increase in the resource’s usage such as human resources, time and finance to meet the requirements.

Additionally, workplace that have more than 5 employee and not required to have safety and health officer (SHO) are compulsory to have OSH-Coordinator. Thus, this would have been a great burden on SMEs. For example, there are transport companies in the SME category and have limited resources especially human and financial resources facing difficulties to provide competent or trained person in managing OSH at workplace.

In addition, workplace that used to FMA will require times, knowledge and skills to adapt and meet OSHA requirements.

Besides, with ten-times greater fines introduces, would cause enormous financial burden to the employer and competent person found guilty.

Conclusion:

The OSHA amendment and FMA repeal are for a good cause, although there are challenges in the implementation, however should be well embrace by all relevant stakeholder, thus, it is necessary to ensure that the implementation is carried out with proper execution.

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Muhammad Azizie bin Mat Yazib, MRS211012

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There are several potential challenges and hurdles that might arise with such changes. There's often a transition period during which businesses and organizations need to adapt their practices to comply with the new requirements. This can be challenging, especially if the changes are substantial or if there's ambiguity about how they should be implemented. Compliance with new regulations can be costly, especially if it requires significant changes to infrastructure, processes, or training programs. Small businesses may find it particularly challenging to absorb these costs, potentially leading to resistance or non-compliance.

Repealing a longstanding law like the FMA 1967 could create legal uncertainty, particularly if there are disputes over how the new regulations should be interpreted or applied. This could result in litigation, further adding to the burdens on businesses and the legal system. Industries that are heavily regulated may oppose changes that they perceive as burdensome or unnecessary. They may lobby against the amendments, which could delay or derail the legislative process. Even with well-designed regulations, enforcement can be a challenge. Regulators may lack the resources or expertise to effectively enforce the new requirements, leading to uneven compliance and potential safety or health risks.

Changes to workplace safety regulations may require training and awareness programs to ensure that workers understand their rights and responsibilities. This can be resource-intensive and may take time to implement effectively. These are just a few potential challenges and hurdles that could arise with amendments to workplace safety regulations and the repeal of existing laws. The success of such changes depends on careful planning, stakeholder engagement, and effective enforcement mechanisms.

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As Malaysia progresses towards a more developed and technologically driven economy, the need to update and strengthen occupational safety and health laws becomes increasingly evident. The abolition of the Factories and Machinery Act (FMA) of 1967 and the amendment of the Occupational Safety and Health Act (OSHA) of 1994 present challenges in keeping up with the rapid changes in the workplace. The following are some of the challenges and barriers that many individual encounter:

Cost: The industries' main concern is the possible expense of putting the amended OSH 1994 Act into effect. Funds to implement this amended act within industries are extremely limited. The industry's total cost burden will increase as a result of the need to spend more money on training officers to be competent individuals, and materials. In order to reduce the risk of non-compliance, industries must guarantee complete compliance at all organisational levels. This calls for investments in monitoring systems, inspections, and enforcement tactics.

Awareness and education: In order to inform the industries and officers about the changes, their responsibilities, relevant agencies must launch more comprehensive campaigns and educational initiatives. Officers and the industry may need training programs to understand and implement the changes. The industries need to know that there are now harsher penalties for noncompliance.

Regulation Complexity: Enforcing the OSH 1994 Act can be difficult for officers due to its complexity and interpretive nature. Despite their repeal, three sections of the FMA 1967 Act remain in effect. Agencies must prioritise training and continuous professional development to ensure officers understand and implement the regulation efficiently.

Transition Period: Industries may need to update their policies, practices, and infrastructure to comply with the amended regulations during this time in order to adapt to the new regulatory framework. An important challenge for employers will be to manage this shift well while retaining productivity. Naturally, it will come with a price.

Cultural shifts: It may take some time for management and employees to adopt new attitudes and behaviors in order to establish a strong safety culture within an organisation.

Law and sanctions: Compared to the FMA 1967 Act, the amended OSH 1994 Act will impose harsher penalties on employers and employees who violate it. A significant violation of safety regulations could result in criminal charges and possibly jail time.

However, despite these challenges, the goal remains clear: to strengthen occupational safety and health regulations to create safer and healthier work environments for everyone. It is possible to make sure that any changes take into account the most recent knowledge, best practices, and technological advancements while also reflecting the needs and realities of the workplace by involving workers, employers, government agencies, and industry experts in the review process.

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Given my recent selection of the Occupational Safety and Health legislation topic, I find it challenging to differentiate and articulate the hurdles posed by the OSHA 2022 amendment and the repeal of the Factory and Machinery Act (FMA) 1967. However, it's crucial to emphasize that disseminating information about these legislative changes to all stakeholders is imperative. This includes employers, employees, and regulatory agencies, as lack of awareness or understanding of the updated regulations could result in non-compliance and heightened risks within the workplace.

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Given my recent selection of the Occupational Safety and Health legislation topic, I find it challenging to differentiate and articulate the hurdles posed by the OSHA 2022 amendment and the repeal of the Factory and Machinery Act (FMA) 1967. However, it's crucial to emphasize that disseminating information about these legislative changes to all stakeholders is imperative. This includes employers, employees, and regulatory agencies, as lack of awareness or understanding of the updated regulations could result in non-compliance and heightened risks within the workplace.

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Akta Keselamatan Dan Kesihatan Pekerjaan (Pindaan) 2022

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Akta Keselamatan Dan Kesihatan Pekerjaan (Pindaan) 2022

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Challenges and hurdles in implementing OSHA amendment are:-

1. Organizations must adapt to the new OSHA amendments, which could involve updating safety protocols, training employees, and ensuring compliance with new legislation.

2. Organizations accustomed to FMA 1967 framework face complex adaptation to new OSHA regulations, requiring training, resources, and time for understanding, implementing, and ensuring ongoing compliance.

3. The OSHA amendment necessitates comprehensive education and training programs for employers, employees, safety professionals, and stakeholders on new safety protocols, hazard identification, risk management, and reporting requirements.

4. With increased penalties and punishments for non-compliance, organizations may face financial and legal challenges if they fail to meet the new standards.

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Improvement workplace safety and environment and foster a risk reduction culture enabling workers ti fulfill their responsibilities.

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The imperative to amend OSHA and repeal FMA 1967 stems from the dynamic and ever-evolving nature of occupational safety and health (OSH) in our daily lives. As workplaces continue to transform due to technological advancements, globalization, and changing work practices, it becomes crucial to reassess and update existing regulations to ensure their effectiveness and relevance.

Revisiting OSHA and FMA 1967 is essential to address the modern challenges workers and employers face. These challenges include emerging risks associated with new technologies, demographics and workforce composition shifts, and the increasing complexity of workplace hazards. By reexamining these OSH regulations, we can identify gaps, inconsistencies, or outdated provisions that may hinder effective safety management in contemporary workplaces.

Moreover, updating OSHA and repealing FMA 1967 allows us to align regulatory frameworks with international standards and best practices, facilitating smoother cross-border operations and enhancing competitiveness. It enables us to adopt a proactive stance towards preventing workplace accidents, injuries, and illnesses rather than merely reacting to incidents after they occur.

Furthermore, revising OSH regulations promotes a culture of continuous improvement and innovation in safety management.

In conclusion, by reevaluating and updating OSHA and repealing FMA 1967, we can ensure that our regulatory frameworks remain robust, adaptable, and responsive to the evolving needs of the modern workplace. This proactive approach enhances worker protection and promotes organizational resilience and sustainable growth in the face of dynamic challenges.

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The OSHA Amendment 2022 and the repeal of the FMA 1967 in Malaysia present both opportunities and challenges in the realm of workplace safety and health. While these changes aim to modernize regulations and align them with evolving industry practices and international standards, several challenges and hurdles need to be addressed within the Malaysian context.

Transitioning from existing regulations to the amended OSHA and the potential repeal of the FMA 1967 poses a significant challenge, requiring the careful drafting and implementation of new legislation to avoid regulatory gaps. Effective communication with stakeholders and providing clear guidance on compliance are essential to ensure a smooth transition and minimize disruptions in the workplace.

Apart from that, improving workplace safety involves educating employers, workers, and regulatory agencies about updated regulations and their importance. Additionally, enhancing enforcement agencies' capacity to monitor and enforce these laws is crucial for ensuring compliance and a safer work environment.

Not only that, to ensure compliance with updated regulations, we need to improve monitoring and inspection systems and impose stricter penalties for violations. This includes providing regulatory bodies with adequate resources and enhancing their capabilities to enforce the law effectively.

Another challenges is different industries may find it hard to adjust to new rules, especially if they need to change a lot of things. Small businesses might have trouble affording to follow the rules. So, helping them with support and incentives will be really important.

Last but not least, it's important to involve different groups like employers, workers, and community organizations when making new laws. This way, everyone's ideas are heard, problems can be solved, and everyone can agree on the changes.

Bringing up these challenges will require concerted efforts from policymakers, regulators, businesses, workers, and civil society to ensure that the OSHA Amendment 2022 and the potential repeal of the FMA 1967 lead to tangible improvements in workplace safety and health standards across Malaysia. The OSHA Amendment 2022 and repeal of the FMA 1967 are crucial for Malaysia as they aim to modernize workplace safety regulations and align them with international standards, ultimately enhancing the well-being of workers. These changes have the potential to foster safer work environments, improve occupational health outcomes, and contribute to Malaysia's sustainable socio-economic development.

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The goal should be to strengthen occupational safety and health regulations to create safer and healthier work environments for everyone. It's crucial to involve stakeholders, including industry experts, workers, employers, and government agencies, in the review process to ensure that any changes reflect a comprehensive understanding of current needs and realities in the workplace.

Keeping regulations up-to-date is vital for adapting to new hazards, advancements in technology, and changes in work practices, ultimately contributing to improved overall well-being and productivity in the workforce. Revisiting and amending these acts can provide an opportunity to incorporate new knowledge, technologies, and best practices to enhance workplace safety and protect the health of workers.

The FMA uses a prescriptive approach, and the lack of DOSH officers visiting workplaces cannot make this approach appropriate in the future. This Act also specifies the design, control measures, and safety devices that have proven inadequate for fostering the development of advanced technologies like Artificial Intelligence (AI), the Internet of Things (IoT), electric vehicles, motorless machines, Gig industry, and green technology, aligning with the ethos of the Fourth Industrial Revolution (IR 4.0).

In contrast, OSHA's reliance on a self-regulation approach makes it more reliable and adaptable. Amending this act could potentially enhance the field and address areas left uncovered by the repeal of the FMA. In addition, this amendment is the first time to apply to this act after being gazetted, which this act is adapted from HASAWA 1974 from UK.

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Existing legislation has been enforced for a long time, OSHA  for 30 years while FMA for 57 years. Although there are amendments to the relevant legislation, they are small compared to the amendments that will come into force on 1 June 2024.

Since the act has been gazetted for a long time, there are things that need to be checked and improved. For example, there are clauses in the AKJ that are no longer used.

This amendment is good for improving the level of occupational safety and health in Malaysia. Employers should be mature in understanding their responsibility to ensure occupational safety and health are guaranteed in addition to producing quality products that are profitable for the company.

There will certainly be many challenges and obstacles such as employer's unpreparedness, financial factors and knowledge about the OSH which are often not emphasized. The government needs to take a firm stance in ensuring that OSH in the workplace is enforced in addition to providing assistance from various aspects so that employers do not feel burdened by the amendment of this act.

What is the point of us wanting to be a developed country that is globally competitive, but our workers are not safe while working. The amendment of the act at this time is very relevant even as the country struggles with political, financial, pandemic and weather uncertainty issues.

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Existing legislation has been enforced for a long time, OSHA  for 30 years while FMA for 57 years. Although there are amendments to the relevant legislation, they are small compared to the amendments that will come into force on 1 June 2024.

Since the act has been gazetted for a long time, there are things that need to be checked and improved. For example, there are clauses in the AKJ that are no longer used.

This amendment is good for improving the level of occupational safety and health in Malaysia. Employers should be mature in understanding their responsibility to ensure occupational safety and health are guaranteed in addition to producing quality products that are profitable for the company.

There will certainly be many challenges and obstacles such as employer's unpreparedness, financial factors and knowledge about the OSH which are often not emphasized. The government needs to take a firm stance in ensuring that OSH in the workplace is enforced in addition to providing assistance from various aspects so that employers do not feel burdened by the amendment of this act.

What is the point of us wanting to be a developed country that is globally competitive, but our workers are not safe while working. The amendment of the act at this time is very relevant even as the country struggles with political, financial, pandemic and weather uncertainty issues.

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The changes have been carefully designed and implemented with a primary consideration for the hazards, incidents, and injuries that employees, particularly those working in heavy industries, often face.

The duplication & overlapping of previous Acts has been removed to facilitate clarity and ease of implementation. The main objectives behind these amendments are to enhance workplace safety and foster a risk-reduction culture, enabling workers to fulfill their responsibilities in a secure environment. Employers must be proactive and attentive to these imminent changes, emphasizing the importance of not underestimating occupational safety issues and demonstrating a commitment to ensuring the well-being of their workforce. By prioritizing safety measures and embracing these adjustments, organizations can proactively mitigate risks, promote a safer working environment, and ultimately enhance their employees' overall quality of work life.

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OSHA Amendment 2022 is provision OSHA 1994 and FMA 1967. This implies that a single, comprehensive health and safety law that all industries can follow now incorporates the provisions of both OSHA and the FMA. More attention is focused on chemical, ergonomics, and noise and more protecting workers. Besides that, employers must also undertake risk assessments on work to prevent accidents. Organisations with more than five employees but no safety officer can now hire a trained Occupational Safety and Health Coordinator (OSH-C).

In addition, OSHA Amendment 2022 allows workers to leave the workplace if they fear death or serious injury. Furthermore, OSHA Amendment 2022 cut health and safety threats. They enforced simple, common-sense norms and punished worker-hazarders. They have prevented hundreds of deaths, injuries and diseases with their standards and enforcement. OSHA 2022 will continue to improve the lives of Malaysian workers, their families, and their communities, despite their ongoing work.

There are roughly challenges and hurdles by implementing OSHA Amendment 2022 :

1.     Employers should be aware of all key changes and makes plans to accommodate these incoming changes and need to go training for more understanding the legislation.

2.      Employers need to make sure employee are able to do the required safety and health inspections by starting to strengthen your workplace health and safety regulations and developing a risk assessment guide.

3.  With the goal of maintaining a safe and effective workplace, a workplace health and safety policy is crucial since it clearly outlines the roles and duties of organisation, workers, and contractors. It also helps to state company commitment to offering a safe and healthy work environment by using only safe working practices and equipment usage.

4. Effective workplace health and safety policies communicate company culture, prevent risk, and protect against legal claims. Required safety communications, workplace accident processes, and safe return to work following injuries should be included. The policy should be read and approved by everyone for consultation.

5. Failure to satisfy the new criteria may result in financial and legal issues for organisations.

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OSHA Amendment and FMA 1967 repeal is the vital approach due to the dynamic nature of the OSH in our daily lives. It's a high time to be relook into the 2 OSH documents. So that best usage for the day to come.