2. OSH (Construction Work) (Design and Management)
Regulation 2024
• Gazetted on 27 February 2024 and enforced starting
1 June 2024 under the Occupational Safety and
Health Act (OSHA) 1994.
• Apply to all place of work in which a project is
carried out
3. CDM Regulation 2024- Objectives
• Construction Design and Management (CDM) is a safety framework that aims to integrate health and safety
considerations into the early design and planning stages of construction projects (not just during
construction).
• It places clear responsibilities on all parties involved, especially clients, designers, and contractors, to
identify, eliminate, and manage risks from the beginning of the project.
8. CDM Regulation 2024 - Component
• Part 1 – Preliminary (Reg. 1-3)
• Part 2 – Client Duties (Reg. 4-9)
• Part 3 – Duties and Roles in Relation to Safety & Health (Reg. 10 -17)
• Part 4 – General Requirement for All Construction Sites (Reg. 18-37)
• Part 5 – Miscellaneous (Reg. 38-39)
9. Part 2 – Client Duties
• Regulation 4 – Client Duties in Relation to Project Management
• Regulation 5 – Pre-Construction Information and Construction Phase Plan
• Regulation 6 – Compliance with Safety and Health
• Regulation 7 – Appointment of Principle Construction Work Designer and Principle Construction
Work Contractor
• Regulation 8 - Notification
• Regulation 9 – Application to domestic client
Domestic Client means client for whom a project is being constructed or carried out, which the project is not in the course of furtherance of
a business of that client.
10. Regulation 4 – Client Duties in Relation to Project Management
Regulation 4 (1)
Client shall provide the following arrangement for managing a
project:
Allocation of
Sufficient Time,
Fund and Other
Resources
Construction
work can be
carried out, so far
as practicable,
without any risk
to S&H of any
person affected
by the project
The facilities as
specified in the
2nd
Schedule –
Minimum Welfare
Facilities
Required for
Construction
Sites
Regulation 4 (2)
Client shall ensure that the
arrangement specified under
sub regulation (1) are
maintained & reviewed
throughout the project
Regulation 4 (3)
Fine : RM500K
1 Year Imprisonment
Or Both
11. Regulation 5 – Pre-Construction Information and Construction
Phase Plan
1. A client shall provide Pre-construction Information as soon as practicable to
every construction work designer and construction work contractor, appointed or
being considered for appointment of the project.
2. A client shall ensure that:
a) Before the construction phase begin, Construction Phase Plan is prepare by
Construction Work Contractor.
b) The Principle Construction Work Designer prepare a safety and health file for
the project
3. Fine to Client: RM500K, 1 Year Imprisonment Or Both
Pre-construction information means any information in the client’s possession or which is reasonably obtainable by or on behalf of the client, which relevant to the construction
work and is of an appropriate level of details and proportionate to the risks involved, including –
a) Any information about the project, the planning and management of the project and the safety and health dangers, including design and construction dangers and how the
dangers will be addressed; and
b) Any information available in any existing safety and health file.
Construction Phase Plan is a legal document that explains how health and safety will be managed on a construction site by construction work contractors during construction
phase.
12. Regulation 6 – Compliance with Safety and Health
1) A client shall take reasonable steps to ensure that:
a) The principal construction work designer complies with
any other duties as specified under regulation 12 to 14; and
b) The principal construction work contractor complies with
any other duties as specified under regulation 13 to 16.
2) If a client disposes of the client’s interest in the structure,
the client is deemed to have comply with the duty in
subparagraph 5(2)(b)(iii) by providing the health file to the
person who acquires the client’s interest in the structure and
ensuring that the person is aware of the nature and purpose
of the file.
3) Any client who contravenes this regulation shall be guilty of an
offence and shall, on conviction, be liable to a fine not exceeding
five hundred thousand ringgit or to imprisonment for a term
not exceeding one year or to both.
13. Regulation 7 – Appointment of Principle Construction Work
Designer (PCWD) and Principle Construction Work Contractor
(PCWC)
1) Where there is more than one construction work contractor, or if it is reasonably foreseeable
that more than one construction work contractor will be working on a project at any time,
the client shall appoint in writing -
a) A construction work designer with control over the pre-construction phase as a
principle construction work designer; and
b) A construction work contractor as a principal construction work contractor.
2) The appointment under subregulation (1) shall be made as soon as practicable before the
construction phase begins.
14. Regulation 7 – Appointment of Principle Construction Work
Designer (PCWD) and Principle Construction Work
Contractor (PCWC) – (Cont’d)
3) Where the client fails to appoint -
a) A PCWD under paragraph (1)(a), the client is deemed to be PCWD and shall fulfil the duties
of a principal construction work designer as specified under regulations 12 and 13; and
b) A PCWC under paragraph (1)(b), the client shall fulfil the duties of PCWC as specified under
regulation 13 to 16.
4) Any client who contravenes this regulation shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not
exceeding one year or to both.
15. Regulation 8 - Notification
1) Where a construction work on a construction site is scheduled to last longer than 30
working days or exceed 500 person days, the client shall notify the Director General in writing
as soon as practicable before the construction phase begin.
2) The notification under subregulation (1) shall contain the particulars as specified under the Third
Schedule, and the particulars shall be clearly displayed at the construction site in a
comprehensible manner where it can be read by the workers engaged in the construction work, if
necessary, and shall be updated periodically.
3) Any client who contravenes this regulation shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not
exceeding one year or to both.
“Working day” refers to a day or part of a day when a person is expected to carry out construction work, whether or not he is performing any physical work on
the construction site.
For example, the construction work is carried out over a period of 60 days with a number of workers of 10 people, then the total number of working days is equal
to 600 working days (60 days X 10 workers = 600 working days). Accordingly, this project requires notification under regulation 8.
16. Sample JKKP 12
Shall be clearly displayed at the
construction site
Client shall updated JKKP 12
periodically
Construction work on a
construction site is scheduled to
last longer than 30 working days
or exceed 500 person days, the
client shall notify DOSH (JKKP
12)
FOR
REFERENCE
ONLY
18. Regulation 10 – General duties
1) Any construction work designer or construction work
contractor, appointed to work on a project shall have the skills,
knowledge and experience, and if they are an organisation, the
organisational capability necessary to fulfil the role that they are
appointed to undertake, in a manner that secures the safety and
health of any person involved or affected by the project.
2) A construction work designer or construction work contractor
shall not accept any appointment to a project unless they fulfil the
conditions as specified under subregulation (1).
3) Any person who is responsible for appointing a construction work
designer or construction work contractor to carry out work on a
project shall take reasonable steps to satisfy themselves that the
construction work designer or construction work contractor fulfils the
conditions as specified under subregulation (1).
19. Regulation 10 – General Duties (Cont’d)
4) Any person with any duty or function under these Regulations shall
cooperate with any other person working on or in relation to a project,
at the same or an adjoining construction site, to the extent necessary to
enable any person with any duty or function to fulfil that duty or function.
5) Any person working on a project under the control of another person shall
report to that person anything they are aware of in relation to the project
which is likely to endanger their own safety or health or the others.
6) Any person who is required by these Regulations to provide any
information or instruction shall ensure the information or instruction is
comprehensive and able to be provided as soon as practicable.
7) Any person who contravenes this regulation shall be guilty of an offence
and shall, on conviction, be liable to a fine not exceeding one hundred
thousand ringgit or to imprisonment for a term not exceeding one year or
to both.
20. Regulation 11 – Duties of Construction Work Designer
1) A construction work designer shall not commence any work in
relation to a project unless he is satisfied that the client is aware of
the duties owed by him under these Regulations.
2) When preparing or modifying a design, a construction work designer
shall take into account the general principles of prevention and any
pre-construction information to eliminate, so far as is practicable,
any foreseeable risk to the safety or health of any person -
(a) carrying out or liable to be affected by any construction work;
(b) maintaining or cleaning a structure; or
(c) using a structure designed as a place of work other than
construction site.
21. Regulation 11 – Duties of Construction Work Designer
(Cont’d)
3) Where it is not possible to eliminate the risks
mentioned under subregulation (2), the construction
work designer shall, so far as is practicable -
a) take steps to reduce or, if that is not possible,
control the risks through the subsequent design
process;
b) to provide information about the risks to the
principal construction work designer; and
c) to ensure appropriate information is included in
the safety and health file.
22. Regulation 11 – Duties of Construction Work Designer
(Cont’d)
5) Any construction work designer who contravenes this regulation
shall be guilty of an offence and shall, on conviction, be liable to a
fine not exceeding two hundred thousand ringgit or to
imprisonment for a term not exceeding one year or to both.
a) to provide, with the design, sufficient information about the
design, construction or maintenance of the structure; and
b) to sufficiently assist the client, other construction work
designers and construction work contractors to comply
with the duties provided under these Regulations.
4) A construction work designer shall take all reasonable steps -
23. Regulation 12 – Duties of Principal Construction Work
Designer at Pre-Construction Phase
1) The principal construction work designer shall plan, manage and monitor the pre-
construction phase and coordinate matters relating to safety and health during the pre-
construction phase to ensure that, so far as is practicable, the project is carried out without any
risk to safety or health.
2) For the purposes of subregulation (1), a principal construction work designer –
(a) shall take into account the general principles of prevention and, where relevant, the content
of any construction phase plan and any safety and health file, and in particular when –
(i) deciding on the design, technical and organisational aspects in order to plan the various
items or stages of work which are to take place simultaneously or in succession;
(ii) deciding on the estimation of period of time required to complete the work or work stages; and
24. Regulation 12 – Duties of Principal Construction Work
Designer at Pre-Construction Phase (Cont’d)
(b) shall identify and eliminate or control, so far as is practicable, any
foreseeable risk to the safety or health of any person -
i. carrying out or liable to be affected by any construction work;
ii. maintaining or cleaning a structure; or
iii. using a structure designed as a place of work other than construction
site;
c) shall ensure that all the construction work designers comply with their
duties as specified under regulation 11;
d) shall ensure that all persons working during the pre-construction phase
cooperate with the client, the principal construction work designer and
each other;
e) shall assist the client in providing the pre-construction information as
required under subregulation 5(1);
26. Regulation 12 – Duties of Principal Construction Work
Designer at Pre-Construction Phase (Cont’d)
f) so far as it is within the principal construction work designer’s
control, shall provide pre-construction information, promptly and
in a convenient form, to every construction work designer and
construction work contractor appointed, or being considered for
appointment, to the project; and
g) shall liaise with the principal construction work contractor for the
duration of the principal construction work designer’s appointment and
share with the principal construction work contractor any
information relevant to the planning, management and monitoring
of the construction phase and the coordination of safety and health
matters during the construction phase.
4) Any principal construction work designer who contravenes this
regulation shall be guilty of an offence and shall, on conviction, be liable to a
fine not exceeding two hundred thousand ringgit or to imprisonment for a
term not exceeding one year or to both.
27. Who are Principal Designer (PD)?
• A PD is the designer with control over the pre construction phase of the project.
• This is the very earliest stage of a project from concept design through to planning the delivery of
the construction work.
• The PD shall be appointed in writing by the client to carry out their duties at the right time for
example, as soon as practicable and before of the construction phase.
Source Diagram: Guidance Notes (Principal Designer & Designers)
28. Who can be Principal Designer (PD)?
Where there is likely to be more than one Contractor at work on a project at any time, the Client for that
project must appoint, in writing, a Principal Designer.
1) The PD must be:
- EITHER: one of the design organisations or sole practitioner Designers designing the project.
- OR: a separate Designer or design organisation not part of the team designing the project
The CDM Regulation 2024 and Guidance Note do note specify that the PD must actually be designing
any part of the project.
2) The PD must be a design organisation or sole practitioner Designer with design experience
appropriate to the project.
3) The PD must have skills, knowledge and experience relevant to the design, construction,
maintenance and use of the project. A Designer must not accept an appointment for the PD role unless
they have the necessary skills, knowledge and experience, and the organisational capability, relevant
to the project.
4) The PD must also must also have knowledge of and the skill to apply the principles of Design Risk
Management and have knowledge of the CDM Regulation 2024.
29. Who can be Principal Designer (PD) ? Cont’d
5) Designers offering their services as PD will need to consider how to establish their
organisation’s ability and resources to offer the PD service. Those without previous CDM
experience will need to undertake training in order to demonstrate skills and knowledge sufficient
to understand and deliver the PD role.
6) On a commercial project, if a Client fails to appoint a PD, the obligation to fulfil the PD duties
falls on the Client by default, whether or not they have the necessary skills, knowledge and
experience.
7) On a domestic project, if a Client fails to appoint a PD, the Designer in control of the Pre-
Construction Phase becomes the Principle Designer by default.
31. Regulation 13 - Construction Phase Plan
1) During the pre-construction phase, and before
the set up of a construction site, the principal
construction work contractor shall draw up a
construction phase plan or make arrangements
for the construction phase plan to be drawn up.
2) The construction phase plan referred to in
subregulation (1), shall specify the safety and
health arrangements and site rules taking into
account, where necessary, of the industrial activities
taking place on the construction site and, where
applicable, shall include specific measures
concerning work which falls within one or more of
the categories as specified in the Fourth
Schedule.
32. Regulation 13 - Construction Phase Plan (Cont’d)
3) The principal construction work designer shall assist the principal construction work contractor
in preparing the construction phase plan by providing to the principal construction work contractor
all information which is in the control or knowledge of the principal construction work designer that is
relevant to the construction phase plan including—
a) any pre-construction information obtained by the principal construction work designer from the client;
and
b) any information obtained by the principal construction work designer from any construction
work designer under paragraph 11(3)(b).
4) The principal construction work contractor shall ensure that, throughout the project, the
construction phase plan referred to in subregulation (1) is appropriately reviewed, updated and revised
so that it continues to be sufficient to ensure that the construction work is carried out, so far as is
practicable, without any risk to safety or health.
5) Any person who contravenes this regulation shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not
exceeding one year or to both.
34. Regulation 14 - Safety and Health File
1) During the pre-construction phase, the principal construction work designer—
a) shall prepare a safety and health file appropriate to the characteristics of the project which shall
contain any information relating to the project which is likely to be needed during any subsequent
project to ensure the safety and health of any person; and
b) shall ensure that the safety and health file is appropriately reviewed, updated and revised to take into
account of the work and any changes that have occurred.
2) During the project, the principal construction work contractor shall provide to the principal
construction work designer any information in his possession which is relevant to the safety and
health file and the information shall be included in the safety and health file.
3) If the appointment of a principal construction work designer concludes before the end of the
project, the principal construction work designer shall present the safety and health file to the
principal construction work contractor.
4) The principal construction work contractor shall continue to review, update and revise the safety
and health file received in subregulation (3).
35. Regulation 14 - Safety and Health File (Cont’d)
5) Upon completion of the project, the principal construction work designer or where there is no
principal construction work designer, the principal construction work contractor, shall present the
safety and health file to the client.
6) Any person who contravenes this regulation shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not
exceeding one year or to both.
36. Regulation 15 - Duties of Principal Construction Work
Contractor at Construction Phase
1) A principal construction work contractor shall plan, manage and monitor the construction phase and
coordinate matters relating to safety and health during the construction phase to ensure that, so far as is
practicable, the construction work is carried out without any risk to safety and health.
2) For the purposes of subregulation (1), a principal construction work contractor –
(a) shall take into account the general principles of prevention, and in particular when—
(i) deciding on the design, technical and organisational aspects in order to plan the various items or stages of
work which are to take place simultaneously or in succession; and
(ii) deciding on the estimation of period of time required to complete the work or work stages;
(b) shall organise the cooperation between any construction work contractors, including successive
construction work contractors on the same construction site;
(c) shall coordinate the compliance of the construction work contractors with the legal requirements for
safety and health;
37. Regulation 15 - Duties of Principal Construction Work
Contractor at Construction Phase (Cont’d)
(d) shall ensure that employers, and for the protection of any worker and self-employed person -
(i) adhere to and comply with, the general principles of prevention and the provisions under Part IV;
and
(ii) where requires, comply with the construction phase plan;
(e) shall ensure that—
(i) a suitable site induction is provided;
(ii) the necessary steps are taken to prevent any access by unauthorised persons to the construction
site; and
(iii) throughout the construction phase, the facilities provided comply with the requirements as specified
under the Second Schedule; and
38. Regulation 15 - Duties of Principal Construction Work
Contractor at Construction Phase (Cont’d)
(f) shall cooperate with the principal construction work designer and share with the principal construction
work designer any information relevant to the planning, management and monitoring of the construction
phase and the coordination of safety and health matters during the construction phase.
(3) Any principal construction work contractor who contravenes this regulation shall be guilty of an
offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to
imprisonment for a term not exceeding one year or to both.
39. Regulation 16 - Duties of Principal Construction Work
Contractor to engage with worker
(1) The principal construction work contractor shall—
(a) make and maintain any arrangements enabling the principal construction work contractor and the workers
engaged in a construction work to cooperate in developing, promoting and checking the effectiveness of
measures to ensure the safety, health and welfare of the workers;
(b) consult the workers or their representatives in matters connected with the project which may affect the
safety, health or welfare of the workers, in so far as they or their representatives have not been similarly
consulted by their employer; and
(c) ensure that the workers or their representatives can inspect and take copies of any information in
relation to the project which in the possession or knowledge of the principal construction work contractor, or which
requires to be provided by these Regulations by the principal construction work contractor, which relates to the
safety, health or welfare of the workers at the construction site, but does not include any information—
(i) the disclosure of which would be against the interests of national security; and
(ii) relating specifically to an individual, unless that individual has consented to the information being disclosed.
2) Fine to Principal Construction Work Contractor: RM500K, 1 Year Imprisonment Or Both
40. Regulation 17 - Duties of Construction Work Contractor
(1) A construction work contractor—
(a) shall not carry out any construction work in relation to a project
unless he satisfied that the client is aware of his duties as client as
specified under these Regulations;
(b) shall plan, manage and monitor construction work carried out
either by the construction work contractor or by any worker under the
control of the construction work contractor, to ensure that, so far as
practicable, it is carried out without any risk to safety or health;
(c) where there is more than one construction work contractor
working on a project, shall comply with—
(i) any directions given by the principal construction work designer
or the principal construction work contractor; and
(ii) the parts of the construction phase plan that are relevant to the
construction work contractor’s work on the project;
41. Regulation 17 - Duties of Construction Work Contractor (Cont’d)
(d) where there is only one construction work contractor working on the
project—
(i) shall take into account of the general principles of prevention when—
(A) deciding on the design, technical and organisational aspects in order
to plan the various items or stages of work which are to take place
simultaneously or in succession; and
(B) deciding on the estimation of period of time required to complete the
work or work stages; and
(ii) shall draw up a construction phase plan in accordance with regulation
13, or make any arrangement for a construction phase plan to be drawn up,
as soon as practicable, prior to the set up of a construction site;
(e) shall not hire, employ or appoint any person to work on a
construction site unless that person has, or is in the process of obtaining the
necessary skills, knowledge, training and experience to carry out the
tasks allocated to that person in a manner that secures the safety or health
of any person working on the construction site;
42. Regulation 17 - Duties of Construction Work Contractor (Cont’d)
(f) shall provide to each worker under their control with appropriate
supervision, instructions and information so that the construction work
can be carried out, so far as is practicable, without any risk to safety and
health;
(g) shall not begin any work on a construction site unless reasonable steps
have been taken to prevent any access by unauthorised persons into
that site; and
(h) shall ensure, so far as is practicable, that the requirements specified
under the Second Schedule are complied with so far as they affect the
construction work contractor or any worker under the control of the
construction work contractor.
43. Regulation 17 - Duties of Construction Work Contractor (Cont’d)
(2) The information provided under paragraph (1)(f) shall include—
(a) a suitable site induction, where not already provided by the principal
construction work contractor;
(b) the procedures to be followed in the event of immediate danger or
imminent danger to safety and health; and
(c) any information on risks to safety and health—
(i) as identified by the risk assessment required under the Act;
(ii) arising out of the conduct of another construction work contractor’s
undertaking and of which the construction work contractor in control of the
worker ought reasonably to be aware; or
(iii) any other information necessary to enable the worker to comply with the
relevant statutory provisions.
(3) Any construction work contractor who contravenes this regulation shall be
guilty of an offence and shall, on conviction, be liable to a fine not exceeding
five hundred thousand ringgit or to imprisonment for a term not exceeding
one year or to both.