Malaysia’s Factories and Machinery (Building Operations and Works of Engineering Construction) (BOWEC) Regulations 1986 and the newly introduced OSH (Construction Work) (Design and Management) Regulations 2024 both play crucial roles in construction site safety. However, the 2024 regulations introduce a more proactive, risk-based approach compared to BOWEC’s compliance-based framework.
| Aspect | BOWEC 1986 | OSH (Construction Work) (Design and Management) 2024 |
|---|---|---|
| Legal Basis | Under Factories and Machinery Act 1967 (FMA 1967) | Under Occupational Safety and Health Act 1994 (OSHA 1994) |
| Scope | Focuses on worksite safety, machinery, scaffolding, PPE, excavation, and demolition | Covers the entire project lifecycle from design, planning, construction, and management |
| Main Focus | Hazard control and compliance-based safety measures during construction work | Risk-based safety management, ensuring safe design and management before work begins |
| Design Stage Consideration | Not included – safety focus begins only at the construction stage | Mandates safety planning at the design stage to eliminate hazards early |
| Duties & Responsibilities | Mainly on contractors and site managers | Expands responsibilities to clients, designers, principal contractors, and site managers |
| Worker Protection | Requires basic PPE, scaffolding safety, machine guarding | Includes worker consultation, training, and welfare facilities |
| Risk Management | Reactive approach – safety measures applied after hazards are identified | Proactive approach – risk assessment and hazard elimination at the design phase |
Conclusion
The OSH (Construction Work) (Design and Management) Regulations 2024 represent a modern, proactive approach to construction safety, addressing gaps in BOWEC 1986 by ensuring risk elimination at the design stage and expanding safety responsibilities beyond contractors. While BOWEC remains relevant, particularly for site safety procedures, the new OSH regulations mark a significant shift towards a more integrated and preventive safety culture in Malaysia’s construction industry.
