CHAPTER 14 – OCCUPATIONAL SAFETY AND HEALTH

KEY CONCEPTS AND SKILLS

➲ Why organisations usually undertake safety and health programmes

➲ Main features of the Occupational Safety and Health Act and the general duties of employers

➲ General duties of employers and employees under Occupational Safety and Health Act

➲ Main causes of accidents➲ Three E’s of accident prevention➲ How employees can be encouraged to be more

healthy through health and wellness programmes➲ Actions that can be taken to manage stress at the

workplace, prevent drug abuse, and to maintain a workplace free from violence

CHAPTER OUTLINE

➲ Reasons for safety and health programmes➲ Government objectives for occupational safety and

health programmes➲ The Occupational Safety and Health Act➲ Causes of accidents➲ Preventing common accidents➲ Basic approaches to accident prevention➲ The safety programme➲ The health programme

REASONS FOR SAFETY AND HEALTH PROGRAMMES

➲ 1. Moral➲ 2. Legal➲ 3. Economic

GOVERNMENT OBJECTIVES FOR OCCUPATIONAL SAFETY AND

HEALTH PROGRAMMES

➲ Aimed at assuring that every working person is provided with safe and healthful working conditions

➲ To preserve nation’s greatest assets, its human resources

➲ Constant reviews of legislation and regulations by Ministry of Human Resources will ensure there are standards for safe working environments for all employees.

THE OCCUPATIONAL SAFETY AND HEALTH ACT 1994

➲ Passed by Malaysian Parliament in October 1993 ➲ Gazetted on February 24 1994➲ Umbrella legislation in respect of safety and health ➲ Current legislation in Factories and Machinery Act

1967 maintained as “technical” aspect of safety legislation

➲ In event of conflict between OSHA and other safety legislation, then OSHA shall prevail.

Objects of the Act

➲ secure safety, health and welfare of persons at work

➲ protect persons at place of work other than persons at work against risks to safety or health

➲ promote occupational environment for persons at work adapted to physiological and psychological needs

➲ provide ways to replace laws with system of regulations and approved industry codes of practice to maintain or improve standards of safety and health

Scope of the Act

➲ Applicable to all persons at work in all organisations

➲ Also public services and statutory authorities ➲ Excludes those working on board ships and armed

forces.

National Council for O S H

➲ Act provides for establishment of National Council ➲ Consisting of 12 to 15 persons appointed by

Minister ➲ Representing employers, employees, government,

and organisations or professional bodies➲ Council may conduct investigations and submit

recommendations with regards to legislation, administration or enforcement of Act

➲ May also make recommendations to foster tripartite co-operation, or on special problems.

General Duties of Employers

Duty of every employer to ensure safety, health and welfare at work of all employees and includes:

➲ Provision and maintenance of safe plant and systems of work

➲ Ensuring safe and healthy use or operation, handling, storage and transport of plant and substances

➲ Provision of information, instruction, training and supervision to ensure safety and health at work place

➲ Maintenance of safe work conditions and provision and maintenance of access and exit

➲ Provision and maintenance of adequate facilities for employee welfare

➲ Also required to formulate written statement of policy with respect to safety and health.

General Duties of Designers, Manufacturers and Suppliers

Person who designs, manufactures, imports or supplies any plant for use at work shall:

➲ ensure that plant designed and constructed to be safe and without risks to health when properly used

➲ carry out necessary tests to ensure safety of plant➲ ensure adequate information about use and any

condition necessary to ensure that it will be safe.➲ Any person who contravenes this part of Act shall

on conviction be liable to a fine not exceeding RM20,000 or to imprisonment not exceeding 2 years or both.

General Duties of Employees

Duty of every employee at work to:➲ take all reasonable care for safety of himself and others

who may be affected by his acts or omissions at work➲ co-operate with employer or other person in discharge of

any duty or requirement imposed by Act➲ wear or use at all times any protective equipment or

clothing provided by employer ➲ comply with any instruction or measure on occupational

safety and health.➲ Any employee who contravenes above shall on

conviction be liable to a fine not exceeding RM1,000 or to imprisonment not exceeding 3 months or both.

Safety and Health Organisations

➲ Minister empowered to order medical surveillance and medical examination to be carried out in any of the industries which are deemed to be health hazards

➲ Employers in gazetted industries required to appoint a competent person to act as a Safety and Health Officer

➲ Employed exclusively for purpose of ensuring due observance at place of work of provisions of Act and promote safety at work place

➲ Any establishment with 40 or more employees required to establish Safety and Health Committee.

Duties of Safety and Health Committee

➲ review measures taken to ensure safety and health of persons at place of work

➲ investigate any matter which is not safe or is a risk to health

➲ attempt to resolve any matter regarded unsafe or a risk to health and if unable to do so, to request D G of O S H to undertake inspection.

Notification of Accidents, Etc.

➲ Employer required to report any accident, dangerous occurrence, occupational poisoning or occupational disease

➲ Every doctor attending to patient whom he believes to be suffering from occupational disease shall report.

Prohibition against use of Plant or Substance

➲ D G of O S H may prohibit use of any plant or substance which in his opinion is likely to affect safety and health of persons at work.

Industry Codes of Practice

➲ Minister may approve industry codes of practice to be introduced as a guide to complying with requirements of provisions of Act

➲ Code may consist of code, standard, rule, specification or provision relating to occupational safety or health.

Enforcement and Investigation

➲ S H officer empowered to enter, inspect, examine, investigate, take samples measurements or photographs, at any place of work

➲ Also empowered to require any person to be examined by a doctor

➲ Where officer is of opinion that a plant or substance has caused or is likely to cause a danger to safety and health, he may cause it to be dismantled or subjected to any process or test or take possession of it for the purpose of examining it and use it as evidence in any proceedings for an offence under the Act.

CAUSES OF ACCIDENTS

Chance Occurrences➲ Accidents that just happen, due to bad luck or

misadventure and beyond control of anyone and cannot be prevented.

Unsafe Conditions➲ Conditions that may be major causes of accidents Unsafe Acts➲ Actions by people that are unsafe and that

contribute to accidents.

The Accident-Prone Employee

➲ An employee who has a tendency to be involved in accidents and gets injured.

PREVENTING COMMON ACCIDENTS

➲ Preventing lifting and material-handling accidents➲ Preventing machinery accidents➲ Preventing falls➲ Preventing hand-tool accidents➲ Preventing electric shocks

BASIC APPROACHES TO ACCIDENT PREVENTION

➲ Depends on the three E’s – Engineering, Education, and Enforcement

THE SAFETY PROGRAMME

➲ The Three E’s➲ Support by Top Management➲ A Safety Officer➲ Record Keeping➲ Accident Investigation

THE HEALTH PROGRAMME

➲ Health and Wellness Programmes➲ Managing Stress➲ Drug Abuse Problems➲ Workplace Violence