Chapter 2 Osh Legislation

8/11/2019 Chapter 2 Osh Legislation

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OSHLEGISLATION

NORSILAWATI BINTI JAMINAM


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Day 1 Topic # 2*

TOPICS TI

2.0 OSH Legislation

2 2.1 OSH Act Philosophies and Objective

2.2 OSH Act 1994

2.3 FMA 1967

2.4 Safety and Health Organizations in Malaysia

The TIME stated is just an indicator. Some topics may be longe


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"SELF REGULATION"

approach

Occupational Safety & Healt

Act 514(OSHA 1994)

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ACT 514*

An Act to make further provisions for secsafety, health and welfare of persons at

protecting others against risks to safety

in connection with the activities of pework, to establish the National Cou

Occupational Safety and Health, and for

connected therewith.


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O S H L E G I S L A T I O N

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Spirit of OSHA 1994 Self Regulation

Workers Cooperation & Consultation

All economic activities except shipping and armed forces

Philosophyand Guiding principles

Responsibilities for OSH lies with those WHO CREAT(employer) and thoseWHO WORK WITH THE RISK (emp

Concept of so far as is REASONABLE/PRACTICABLE

OSHA 1994
http://practicable.pptx/


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*

to secure the safety, health and welfareof persagainst risks out of the activities at work;

to protect person at a place of workother than work against risks out of the activities at work;

to promote an occupational environment for work which is adapted to their physiolpsychological needs.

to provide the means to be progressively rep

Objectives of OSHA 1994


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DUTIES OF EMPLOYERPart IV Section 15 ( 1 )

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To ensure, so far as is

practicable, the safety, heaand welfare at work of all h

employees.

"

"


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DUTIES OF EMPLOYERPart IV Section 16

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DUTY TO FORMULATE OSH POLICY

To prepare the written statement

Appropriately revise a written statement

The organisation and arrangements for carryin

policy.

Revision of policy

Notify the employees


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DUTIES OF EMPLOYERPart IV Section 17

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Duties of employer to persons other than their e

Duties of occupier to persons other than their employees

Part IV Section 18


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FINE: Not exceeding RM 50,000.00

IMPRISONMENT: not exceeding 2 years

or BOTH

Penalty for offence ( Sec 15 - 18)

Part IV Section 19


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DUTIES OF EMPLOYERPart VII : Safety & Health Organisations*

Sec 28 : Medical Surveillance

Sec 29 : Safety & Health Officer

Sec 30: Safety & Health Committee

RM 5,000.00 or 6 month or both for each


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DUTIES OF EMPLOYER*

U Shall notify the nearest DOSH office

U Medical Practitioner shall report to DG

GENERAL PENALTY:

Any act or omission contravenes any provision of this Act ; Rand/or 1 YEAR

Continuing offence RM 1000.00/day or part of a day if offence conviction

Part VIII : Notification of Accident, Dangerous Occurren

Occupational Poisoning & Disease and Inquiry


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GENERAL DUTIES OF EMPLO*

(a) to take reasonable carefor the safety and healof other persons who may be affected by his actwork;

(b) to co-operate with his employer or any othdischarge of any duty or requirement imposed onthat other person by this Act or any regulation mad

24 . (1) It shall be the duty of every employee while at work :


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c) to wear or use at all timesany protective or clothing provided by the employer for the preventing risks to his safety and health; and

d) to comply with any instruction or meoccupational safety and health instituted by hior any other person by or under this Act or anymade thereunder.


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24 (2). A person who contravenes the prothis section shall be guilty of an offshall, on conviction, be liable to aexceeding one thousand ringgit

imprisonment for a term not ethree months or to both.


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25. A person who intentionally, recknegligently interferes with or misuses provided or done in the interests ohealth and welfare in pursuance of this

be guilty of an offence and shall, on cbe liable to a fine not exceedingthousand ringgit or to imprisonmeterm not exceeding two years or to bo



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(a) makes a complaint about a matter which he considers

is a risk to health;(b) is a member of a safety and health committee

pursuant to this Act; or

(c) exercises any of his functions as a member of the safecommittee.

27. (1) No employer shall dismiss an employee, injure employment, or alter his position to his detrimreason only that the employee :-


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FMA 1967 vs OSHA 1994

Zulhisyam Salleh

*

Zulhisyam Salleh


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Act 514

Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Occupational Safety and Health (Safety and Health OfficerOccupational Safety and Health (Prohibition of Use of Substan

Guidelines Code of practic

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i. OSH (Employers' Safety and Health General Policy State

(Exception) Regulations 1995

ii. OSH (Control of Industrial Major Accident Hazards) Regu1996- CIMAH

iii. OSH (Safety and Health Committee) Regulations 1996-S

iv. OSH (Classification, Packaging and Labelling of Hazardo

Chemicals) Regulations 1997- CPL

v. OSH (Safety and Health Officer) Regulations 1997-SHOvi. OSH (Use and Standards of Exposure of Chemicals Haz

Health) Regulations 2000- USECHH

vii. OSH (Notification of Accident, Dangerous Occurrence,

Occupational Poisoning and Occupational Disease) Reg

2004-NADOOPOD

Regulations*

1 G id li f P bli S f t d H lth t C t ti Sit 1994


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1 Guidelines for Public Safety and Health at Construction Site 19942 Guidelines on Occupational Safety and Health in the Office 19963 Guidelines on First-Aid Facilities in the Workplace 19964 Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination 19965 Guidelines on Method of Sampling and Analysis for Airborne Lead 19976 Guidelines for the Formulation of a Chemical Safety Datasheet 19977 Guidelines for the Classification of Hazardous Chemicals 19978 Guidelines for Labelling of Hazardous Chemicals 19979 Guidelines on Occupational Safety and Health in Tunnel Construction 1998

10 Garispanduan Pendaftaran Tenaga Pengajar &Pengendalian Kursus Induksi Keselamatan & Kesihatan Pekerja Sektor Binaan 11 Guidelines for the Registrat ion of Assessors, Hygiene Technician and Occupational Health Doctor (OHD) 200012 Guidelines for the Preparation of a Chemical Register 200013 Guidelines on Trenching for Construction Safety 2000

14 Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd Edition) 200015 Guidelines on the Control of Chemicals Hazardous to Health 200116 Guidelines on Medical Surveillance 200117 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am) 2001

18 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Penstoran Gas Petroleum Cecair Di Dalam Selinder) 200119 Panduan Bagi Pencegahan Tekanan Dan Keganasan Di Tempat Kerja 2001

20 Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health 200221 Guidelines on Occupational Safety and Health for Standing at Work 200222 Guidelines on Reproductive Health Policy & Programmes at the Workplace 200223 Guidelines on Occupational Safety and Health in Agriculture 200224 Guidelines on Occupational Vibration 200325 Guidelines on Occupational Safety and Health for Seating at Work 2003

26 Garispanduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan dan Kesihatan 200327 Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation 200328 Guidelines on Gender Issues in Occupational Safety and Health 200329 Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDUs) 200330 Guidelines on Occupational Safety and Health In Logging Operations 200431 Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace 200432 Guidelines on Occupational Safety and Health In Service Sector 200433 Guidelines on First-Aid in the Workplace (2nd Edition) 200434 Guidelines on Occupational Health Services 2005

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Department of Occupational Safety a

Health (DOSH)*Functions of the DOSH

To study and review the policies and legislations o

safety and health.

2. To enforce the following legislations :

a) Occupational Safety and Health Act 1994 and its reg

b) Factories and Machinery Act 1967 and its regulation

c) Part of Petroleum Act 1984 (Safety Measures) and it


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Functions of the DOSH.continued

3. To conduct research and technical analysis on issues related to occu

and health at the workplace

4. To carry out promotional and publicity programs to employers, wo

general public to foster and increase the awareness of occupational saf

5. To provide advisory service and information to government and prpertaining to management and technical aspects of occupational safety

6. To become a secretariat for the National Council regarding occupatio

health

Department of Occupational Safet

and Health (DOSH)*

National Institute of


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National Institute of

Occupational Safety a

Health (NIOSH)*

COREBUSINESS

Training

Consultancy

Information Dissemination Research & Development

Certification

Higher Learning : EDOSH, MOSH


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Safety and Health Activities

SOCSO had provided financial assistance to vario

agencies and organizations in order to support theeffort.

SOCSO had approved to financing more than 40safety courses and seminars organized by non-government bodies and institutions.

SOCSO had also embarked into production ofOccupational Safety And Health Video series.

Training to all GPs & SOCSO panel beforebecoming SOCSO panel.

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Documents

Chapter 2 Osh Legislation