The Occupational Safety and Health (Special Scheme of Inspection) Regulations 2025

INTRODUCTION
 
The Malaysian Government has introduced the Occupational Safety and Health (Special Scheme of Inspection) Regulations 2025 [P.U.(A) 25/2025] ("SSI Regulations 2025"), which came into effect on 21 January 2025. These regulations aim to improve workplace safety by establishing a special inspection system for designated plants that require a certificate of fitness.
 
Section 27D of the Occupational Safety and Health Act 1994 (“OSHA”), prohibits any person from operating or permitting to be operated any plant requiring a certificate of fitness1 until and unless a Department of Occupational Safety and Health (“DOSH”) officer or licensed person has issued a certificate of fitness for the same. Pursuant to regulation 5(6) of the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024, a certificate of fitness is usually valid for a period of 15 months from the date of inspection of the plant.
 
The inspection can be carried out by either of the following methods: 
  • Periodical inspections by a DOSH officer or licensed person2 (the period and manner of which are to be prescribed by the Minister of Human Resources); or 

  • For certain classes of plant, the occupier may apply to the Director General of DOSH for approval to carry out a special scheme of inspection (“SSI”). If approval is granted, the inspection of the plant will be carried out in accordance with the SSI3
Inspection pursuant to an SSI will not be carried out by a DOSH officer or licensed person but will instead involve the collection and submission of risk-based data by the occupier’s risk-based team (the composition of which is to be determined by the Director General of DOSH). Crucially, the validity of a certificate of fitness for a plant under an SSI is not limited to the 15 month duration specified above but is instead valid for a period not exceeding 60 months4 (see regulation 9 SSI Regulations 2025).
 
The scheme established under the SSI Regulations 2025 is in line with DOSH’s intention for certificates of fitness to be risk-based as opposed to time-based. Further, the scheme promotes the concept of self-regulation and transfers the responsibility for safety of the machinery from the Government to the owner/ occupier.
 
KEY FEATURES OF THE SSI REGULATIONS 2025
 
1.     Special Scheme of Inspection (SSI)
 
The SSI applies to plants requiring a certificate of fitness and is divided into two classes: 
  • Class A – Limited to steam boilers and pressure vessels.
  • Class B – Covers all plants requiring a certificate of fitness including lifting machinery. 
Application Process:
 
Applications must be made to the Director General of DOSH at least six months before their current certificate of fitness expires, together with payment of the requisite fees.
 
Requirements for Class A SSI
  • Establish and maintain an occupational safety and health (OSH) management system as agreed by the Director General.
  • List all steam boilers and pressure vessels, and ensure they are in safe working condition.
  • Ensure all steam boilers and pressure vessels have valid certificates of fitness.
  • Submit risk-based data and thickness measurements using prescribed methods.
  • Provide information on remnant life, risk category, inspection intervals, and an inspection plan.
  • Form a risk-based team with at least five experts, including an engineer, corrosion expert, process/ production expert, inspection expert, and safety and health officer.
  • Submit required documents as per the Second Schedule. 
Requirements for Class B SSI
  • Establish and maintain a plant management system following industry codes of practice.
  • List all plants requiring a certificate of fitness, categorising them based on installation time (more or less than 36 months from the application date).
  • Ensure all plants have valid certificates of fitness and are in safe working condition.
  • Submit risk-based data and thickness measurements (for steam boilers and pressure vessels).
  • Provide remnant life, risk category, inspection intervals, and an inspection plan for steam boilers and pressure vessels; for lifting machinery, submit only the risk category, inspection intervals, and an inspection plan.
  • Ensure no fatality, serious injury, disease, or dangerous incident has occurred in the two years preceding the application.
  • Form a risk-based team similar to Class A.
  • Submit required documents as per the Second Schedule. 
Approval & Validity
  • The Director General may request additional documents.
  • Applications that do not meet requirements within the given time will be considered withdrawn.
  • Only one class of SSI is allowed at a time – approval for Class B automatically revokes any existing Class A approval.
  • Class A SSI is valid for 120 months, while Class B is valid for 180 months, unless revoked or terminated earlier.
  • Certificates of fitness under SSI cannot exceed 60 months and are determined based on a risk assessment by the DOSH officer. 
2.    Duties of Occupiers
 
Common Duties (Class A & B)
  • Ensure no fatality, serious bodily injury, poisoning, disease, or dangerous incidents occur in relation to the plant requiring certificate of fitness.
  • Collect and maintain risk-based data at least every 12 months.
  • Use approved methods for calculating and assessing risk data.
  • Notify the Director General within 30 days if the leader of the risk-based inspection team changes.
  • Ensure verification inspection is performed and that team members are well-trained and competent. 
Additional Duties for Class A
  • Maintain an OSH management system.
  • Keep detailed records of equipment usage and maintenance. 
Additional Duties for Class B
  • Maintain a plant management system.
  • Conduct comprehensive risk-based data analysis for various equipment types. 
3.    Inspection Requirements
               
The SSI Regulations 2025 outline a structured inspection process, requiring occupiers to undergo an initial special inspection involving both internal and external assessments. Further subsequent inspections must also be conducted based on plant classification:
 
Inspection Requirements
  • Class A – Requires both internal and external inspections.
  • Class B – Requires external and operational inspections. 
If an occupier believes an internal inspection is impractical, they may request an alternative inspection during operation. The Director General has the discretion to approve or reject such requests. If rejected, an internal inspection is mandatory.
 
In the event of changes to the plants listed under Class B SSI, occupiers are required to submit an application to amend the list of plants for a period of not more than 48 months from the change.
 
Verification Inspection Timeline
  • Class A – Must apply within six months after a special inspection.
  • Class B – Must apply not more than six months before the next special inspection. 
4.    Revocation and Termination of SSI
 
The Director General may revoke an SSI if any document or information submitted is false, misleading or contains material errors or omissions.
 
An SSI may also be terminated if an occupier: 
  • Fails to comply with Class A (Regulation 10) or Class B (Regulation 11) obligations.
  • Changes ownership of the plant.
  • Has a certificate of fitness terminated. 
Occupiers can voluntarily terminate an SSI by notifying the Director General in writing. The certificates of fitness will then be revoked either at the end of their validity period or six months after termination, whichever is earlier.
 
5.    General Provisions
 
Occupiers must notify the Director General within 30 days if there are any changes related to: 
  • Sale, lease, or transfer of a plant under SSI.
  • Safe working pressure/load for steam boilers, pressure vessels, or lifting machinery. 
Any plant that is sold, leased, or transferred will be automatically withdrawn from the scheme. Fees paid under the SSI Regulations 2025 are non-refundable.
 
6.    Fees (First Schedule)
 
Application Fees
  • Class A: RM 51,000 for the first plant, RM 1,000 for each additional plant.
  • Class B: RM 81,000 for the first plant, RM 1,000 for each additional plant. 
Special Inspection Fees
  • Steam Boilers: RM 300 - RM 2,400 based on heating surface area.
  • Pressure Vessels: RM 140 - RM 700 based on capacity.
  • Lifting Machinery: RM 350 - RM 1,300 based on type and load capacity. 
Verification and Amendment Fees
  • Verification Inspection: RM 25,000 (Class A), RM 40,000 (Class B).
  • Plant List Amendments: RM 1,000 per plant. 
COMMENTS
 
It is worth noting that the SSI was previously governed by the Factories and Machinery (Special Scheme of Inspection) (Risk-Based Inspection) Regulations 2014 (“FMA–SSI Regulations”). The key differences between the FMA–SSI Regulations and the SSI Regulations 2025 are inter alia as follows: 
  • Scope - the SSI Regulations 2025 apply to a broader range of plants requiring certificates of fitness which include lifting machinery whereas the FMA–SSI Regulations only applied to pressurised machinery such as steam boilers and unfired pressure vessels;
  • Duration - the SSI under the FMA–SSI Regulations was for a period of 150 months whereas the duration under the SSI Regulations 2025 is for a period of 120 months for Class A and 180 months for Class B (unless revoked or terminated earlier); and
  • Inspection frequency - the inspections are to be carried out in accordance with the approved scheme and in any event before the expiry of the certificate of fitness which shall not exceed 75 months for the FMA–SSI Regulations and not more than 60 months for the SSI Regulations 2025. 
The SSI Regulations 2025 is an essential step in regulating workplace safety in Malaysia. Although compliance will require investment in expertise and resources, the long-term benefits—reduced workplace hazards and improved safety standards—should outweigh the initial costs.
 
Employers should review their current safety procedures and take necessary steps to comply with the new regulations. Seeking legal or industry-specific advice can help ensure smooth adaptation to these changes.
 
 
Article by Tatvaruban Subramanian (Partner) and Katelyn Yeoh (Associate) of the Regulatory Compliance (Construction, Occupational Safety and Environmental) Practice of Skrine.
 
 

1   Pursuant to the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024, steam boilers, pressure vessels and lifting machineries are identified as plants requiring certificates of fitness.
2 See Section 27E of OSHA.
3 See Section 27F of OSHA.
4   As determined by the DOSH officer based on the assessment of data submitted by the occupier.

This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.