OCCUPATIONAL SAFETY AND HEALTH LEGISLATION

PREPARED BY -PN NURUL ASHIKIN BT MOHAMMAD

SHUHAIMI-

CONTENTS

Introduction to the acts, regulations and agencies related to Occupational Safety and

Health. Understand the OSH legislation.

Define Occupational Safety and Health Act (OSHA) philosophies and objectives.

Describe Occupational Safety and Health (OSHA 1994).

The Selangor Boiler Enactment 1896The Perak Boiler Enactment 1903

The Pahang Boiler Enactment 1908The Negeri9 Boiler Enactment 1908Federal Machinery Enactment 1913

The Machinery Ordinance 1953Factory & Machinery Act 1967

Occupational Safety And Health Act 1994

LEGAL HISTORY

SCOPE OF OSH LEGISLATION

Boiler Safety before 1914 Machinery Safety before

1914 – 1952 Industrial Safety before

1953 – 1967 Industrial Safety and Health

1970 – 1994 Occupational Safety and

Health after 1994

BOILER SAFETY BEFORE 1914

The Selangor Boiler Enactment 1892

The Perak Boiler Enactment 1903

The Pahang Boiler Enactment 1908

The Negeri9 Boiler Enactment 1908

Scope of enactment: Boiler safety Inspection on boiler workers

MACHINERY SAFETY 1914 - 1952

Federal Machinery Enactment 1913 Scope of legislation Machine inspection such as

Internal combustion engine Water turbine Machines that are attached together

Registration and inspection of machine installation

INDUSTRIAL SAFETY 1953 - 1967

Machinery Ordinance 1953 Scope of legislation

Machinery and boiler safety Safety of workers in places using machinery

INDUSTRIAL SAFETY AND HEALTH 1968 - 1994

Factories and Machinery Act 1967 Amend the provision to safety of machinery Improvises on the weaknesses of the

Machinery Ordinance 1953 where: Scope does not cover workplace that do not use

machines Lack of health related provisions

FACTORY AND MACHINERY ACT 1967

APPROACH Machinery controls Internal environment controls Human controls Scope

Manufacturing Mining and quarrying Building operations and works of engineering

construction

OCCUPATIONAL SAFETY AND HEALTH 1994

OCCUPATIONAL SAFETY AND HEALTH 1994 ACT 1994 (OSHA 1994) (514 ACT)

Scope of legislation Protect safety and health of

workers in all sectors of the economy

Element of duty of care

CATEGORIES OF LEGISLATION

There are two (2) categories of legislation : Control of industrial activities or use of

specific materials/chemicals Basic and general statutory requirements

CATEGORIES OF LEGISLATIONS

Control of industrial activities and use of specific materials/chemicals Mineral enactment Atomic Licensing Act 1984 Pesticides Act 1974 Petroleum (Safety Measures) Act 1984 Electricity Supply Act 1990

Basic and general statutory requirements Factories and Machinery Act 1967 Occupational Safety and Health Act 1994

1. To secure the safety, health and welfare of persons at work against risks

2. To protect persons at a place of than persons at work against risks work other

3. To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs.

4. This Act designed to maintain or improve the standards of safety and health

OSHA 1994 MAIN OBJECTIVE

Accident prevention is an essential part of good management and workmanship

Management and workers must cooperate Top management must take the lead A define and known safety and health policy Organization and resources to achieve policy Best available knowledge and methods

CONCEPT OSHA 1994

OSHA 1994 PHILOSOPHY

“Responsibilities to ensure safety and health at the workplace lies with those

who create the risk and those who work with the risk”

SCOPE OF OSHA 1994 - Person at work in all economic activities including public

services and statutory authorities

OTHER PROVISION TO…

Ensure the safety, health and welfare of the people at work

Protect others from the safety and health risk arising from the activities of people at work

Establishment of the National Council for OSH

Other related matters

PART 1 : PRELIMINARY

SECTION 1(2)&(3) – SHORT TITLE & APPLICATION

Person at work In all sectors of the economy as in the First

Schedule including public services and authorities bodies

Exceptions : work on board ships, and the Armed Forces

FMA 1967 OSHA 1994

Scope Only cover OSH in the manufacturing, mining, quarrying, works of engineering and construction Cover 24 % of the man power

Cover all economic activities & government except armed forces & seafarers Cover 90% of the man power

Approach - Prescriptive - Too dependent on government - Concern for inspection by

regulation authorities

- self regulation - supported by code of practices,

guidelines etc - tripartite responsibilities - worker cooperation & participation

Objective

- focus on control of factories & machinery

- registration & inspection of machines

- less provision for health

- to safeguard, health & welfare of employees & those at the place of work for example visitors, contractors etc

MAIN PRINCIPLES

Self-regulationTo handle issues relating to occupational safety and health, employers must develop a good and orderly management system. Starting with formation of a safety and health policy and consequently employers have to make the proper arrangements to be carried out.

Consultation- tri partitewhere employers, employees and the government must negotiate to settle issues and problems relating to occupational safety and health at the workplace.

Co-operation

where employers and employees must co-operate to take care, nurture and to increase the quality of occupational safety and health at the workplace. Without co-operation between employers and employees, none of the occupational safety and health programmes carried out would succeed.

Meaning of 'employer’ (according to 1994 Act)

Direct employer / the owner of an industry / a person with whom an employee has contract and services

Manager, agent, occupant , representatives, Government Departments, Local Authorities (PBT), Statutory Bodies (Badan

Berkanun)

GENERAL DUTIES (SEC 15-19)

EMPLOYERS AND SELF EMPLOYED PERSON To ensure the safety, health and welfare at work of

all his employees

The provision and maintenance of plant and systems of work safe and without risks to health

The making of arrangements for ensuring, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances

provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees

Ensure any place of work under the control of the employer or self employed

The provision and maintenance of a working environment for his employees safe, without risks health, and adequate as regards facilities for their welfare at work

Formulate safety and health policy Written Statement OSH Organisation OSH Arrangement

GENERAL DUTIES (SEC 15-19)

Who is 'employee’ (according to 1994 Act) ????

A person who is employed and be paid under the contract on or in connection with the industry

Employed directly by the employer Employed by the employer under the supervision of the employer or

his agent The services are lent or hired by the employer

GENERAL DUTIES (24-27)

Reasonable care for safety and health of himself and others

Co-operate with employer and others

Wear and use PPE Comply with instruction

on OSH

Occupational Safety and Health Related Organizations in Malaysia

Construction Industry

Development Board

(CIDB)

Human Resource Ministry

Department of Safety And Health

(DOSH)

National Institute of Safety and Health

(NIOSH)SOCSO

Who are they ??

Explain the different role of safety and health organisations in Malaysia.

a. Department of Safety and Health (DOSH)

b. National Institute of Occupational Safety and Health (NIOSH)

c. Social Security Organisation (SOCSO)

THANK YOU