OSH - Chapter 2

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CHAPTER 2

OCCUPATIONAL SAFETY AND HEALTH ACT


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CONCEPTS OF OCCUPATIONAL SAFETY AND HEALTH

The Occupational Safety and Health Act (OSHA) is anAct which provides the legislative framework to securethe safety, health and welfare among all Malaysian

workforce and to protect others against risks to safetyor health in connection with the activities of personsat work.

This Act was gazetted on 24th February 1994 and maybe cited as the Occupational Safety and Health Act1994. This Act is a practical tool superimposed onexisting safety and health legislation.


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Occupational Safety and Health Act (OSHA 1994) alsoknown asACT 514

OSHA 1994 (ACT 514) apply to all kind job (privateand government), self-employed person, employersand employees. EXCEPT

Nothing in this Act shall apply to work on board ships

governed by the Merchant Shipping Ordinance 1952,the Merchant Shipping Ordinance 1960 of Sabah andSarawak or the armed forces
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OSHA Philosophy & Objective Philosophy of the Act that is:

responsibility for safety and health in the workplace

lies with those who create the risks (employers) andthose who work with the risks (employees)


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SCOPE

Public services and statutory

authorities

Manufacturing


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The Objectives of OSHA To secure the safety, health and welfare of persons at

work against risks to safety or health arising out of theactivities of persons at work;

To protect persons at place of work other than personsat work against risks to safety or health arising out ofthe activities of persons at work;

to promote an occupational environment for personsat work which is adapted to their physiological andpsychological needs;


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To provide the means whereby the associatedoccupational safety and health legislations may be

progressively replaced by a system of regulations andapproved industry codes of practice operating incombination with the provisions of this Act designedto maintain or improve the standards of safety and

health.


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CONTENT IN ACT 514 Employers Safety and Health General Policy

Statements Exception Regulations 1995

Control of Industrial Major Accident HazardsRegulations 1996

Safety and Health Committee Regulations 1996

Classification, Packaging and Labelling of Hazardous

Chemical Regulations 1997 Safety and Health Officer Regulations 1997


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Continue. Safety and Health Officer Order 1997

Use and Standard Exposure of Chemical Hazardous to

Health 2000 Notification of Accident, Dangerous Occurrence,

Occupational Poisoning and Occupational DiseaseRegulations 2004


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Employers Responsibilities

(Part IV, Section 15-19) Section 15. General duties of employers and self-

employed persons to their employees.

Section 16. Duty to formulate safety and health policy Section 17. General duties of employers and self-

employed persons to persons other than theiremployees

Section 18. Duties of an occupier of a place of work topersons other than his employees

Section 19. Penalty for an offence under section 15, 16,17 or 18


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Section 15. General duties of employers and

self-employed persons to their employees. (1) It shall be the duty of every employer and every self-

employed person to ensure, so far as is practicable, thesafety, health and welfare at work of all his employees.


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General duties of employers and

selfemployed persons to their employees. a) the provision and maintenance of plant and systems of work that are,

so far as is practicable, safe and without risks to health;

b) the making of arrangements for ensuring, so far as is practicable,

safety and absence of risks to health in connection with the use oroperation, handling, storage and transport of plant and substances;

c) the provision of such information, instruction, training andsupervision as is necessary to ensure, so far as is practicable, the safetyand health at work of his employees;


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d) so far as is practicable, as regards any place of workunder the control of the employer or self-employed person,the maintenance of it in a condition that is safe and

without risks to health and the provision and maintenanceof the means of access to and egress from it that are safeand without such risks;

e) the provision and maintenance of a working

environment for his employees that is, so far as ispracticable, safe, without risks to health, and adequate asregards facilities for their welfare at work.


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Section 16. Duty to formulate

safety and health policy it shall be the duty of every employer and every self-

employed person to prepare and as often as may beappropriate revise a written statement of his generalpolicy with respect to the safety and health at work ofhis employees and the organization and arrangementsfor the time being in force for carrying out that policy,and to bring the statement and any revision of it to thenotice of all of his employees.


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Responsibilities to prepare OSH

policy. Prepare a written policy

Employers are therefore required to review the policy

periodically. These policies are acceptable as long as information on

organization and arrangements to ensure safety andhealth in the workplace are included in the policies.

The employee should be informed


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Section 17. General duties of employers

and self-employed persons to persons

other than their employees

the duty of every employer and every self employedperson to conduct his undertaking in such a manner asto ensure, so far as is practicable, that he and otherpersons, not being his employees

Ensure that so far as is practicable, a person other thanhis employees who might be affected is not exposed toany health and safety risk.

Provide information about work activities carried out


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Section 18: Duties of an occupier of a

place of work to persons other than his

employees(1) An occupier of non-domestic premises which has

been made available to persons, not being hisemployees, as a place of work, or as a place where theymay use a plant or substance provided for their usethere, shall take such measures as are practicable toensure that the premises, all means of access theretoand egress there from available for use by persons

using the premises, and any plant or substance in thepremises or provided for use there, is or are safe andwithout risks to health.


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(2) A person who has, by virtue of a contract or lease orotherwise, an obligation of any extent in relation to

(a) the maintenance or repair of a place of work or anymeans of access thereto or egress therefrom; or

(b) the prevention of risks to safety and health thatmay arise from the use of any plant or substance in the

place of work


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Section 19: Penalty for an offence under

section 15, 16, 17 or 18 liable to a fine not exceeding fifty thousand ringgit

imprisonment for a term not exceeding two years

or both.


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Employees Responsibilities

(Part VI, Section 24-27) Section 24: General duties of employees at work

Section 25. Duty not to interfere with or misuse thingsprovided pursuant to certain provisions

Section 26. Duty not to charge employees for thingsdone or provided

Section 27. Discrimination against employee, etc.


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Section 24: General duties

of employees at work(1) It shall be the duty of every employee while at work

(a) to take reasonable care for the safety and health ofhimself and of other persons who may be affected byhis acts or omissions at work;

(b) to co-operate with his employer or any otherperson in the discharge of any duty or requirement

imposed on the employer or that other person by thisAct or any regulation made there under;


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(c) to wear or use at all times any protective equipmentor clothing provided by the employer for the purposeof preventing risks to his safety and health;

(d) to comply with any instruction or measure onoccupational safety and health instituted by hisemployer or any other person by or under this Act orany regulation made there under


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(2) A person who contravenes the provisions of thissection shall be guilty of an offence and shall, onconviction, be liable to a fine not exceeding one

thousand ringgit or to imprisonment for a term notexceeding three months or to both.


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Section 25. Duty not to interfere with or

misuse things provided pursuant to

certain provisionsA person who intentionally, recklessly or negligently

interferes with or misuses anything provided or donein the interests of safety, health and welfare in

pursuance of this Act shall be guilty of an offence andshall, on conviction, be liable to a fine not exceedingtwenty thousand ringgitor to imprisonment for a termnot exceeding two years or to both.


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Section 26. Duty not to charge

employees for things done or provided No employer shall levy or permit to be levied on any

employee of his any charge in respect of anything doneor provided in pursuance of this Act or any regulationmade there under.

The employer must not charge his employees forproviding personal protective equipmentsor otherrequirements of the law.

For example the employee cannot be required to payfor personal protective equipments (e.g. safety boots,goggles, face mask, gloves or safety helmet) and

employees welfare facilities (e.g. first aid box).


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Section 27. Discrimination

against employee, etc. (1) No employer shall dismiss an employee, injure him

in his employment, or alter his position to hisdetriment by reason only that the employee:

(a) makes a complaint about a matter which heconsiders is not safe or is a risk to health;

(b) is a member of a safety and health committee

established pursuant to this Act; or (c) exercises any of his functions as a member of the

safety and health committee


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(2) No trade union shall take any action on any of itsmembers who, being an employee at a place of work

(a) makes a complaint about a matter which heconsiders is not safe or is a risk to health;

(b) is a member of a safety and health committeeestablished pursuant to this Act; or

(c) exercises any of his functions as a member of asafety and health committee


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(3) An employer who, or a trade union which,contravenes the provisions of this section shall beguilty of an offence and shall, on conviction, be liable

to a fine not exceeding ten thousand ringgit or to aterm of imprisonment not exceeding one year or toboth.


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(4) Notwithstanding any written law to the contrary,where a person is convicted of an offence under thissection the Court may, in addition to imposing apenalty on the offender, make one or both of thefollowing orders:

(a) an order that the offender pays within a specificperiod to the person against whom the offender hasdiscriminated such damages as it thinks fit tocompensate that person;

(b) an order that the employee be reinstated orreemployed in his former position or, where thatposition is not available, in a similar position.


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Factory & Machinery Act 1967 In 1960s, the government implemented a policy to move towards

industrialization. This resulted in an increasing number of workers inthe manufacturing sector such as microelectronics, chemical andmineral based industries, and in later years textile and automobile

industries.

In order to manage the safety and health problems associated withmanufacturing industries, the Factory and Machinery Act (FMA) wasenacted in 1967 and enforced by the Factories and MachineryDepartment (previously known as Machinery Department).

This Act and the regulations were the cornerstonefor OSH improvement for the next three decades before theintroduction of the Occupational Safety and Health Act 1994.
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PART 1: PRELIMINARYSECTION1. SHORT TITLE2. INTRPRETATION OF FACTORY

3. INTERPRETATION GENERAL.4. APPOINTMENT OF OFFICERS.5. SUPERVISION OF OFFICERS6. OFFICERS ARE PUBLIC SERVANTS

7. POWERS OF AN INSPECTOR.8. OBSTRUCTION AN OFFENCE9. PERSONS NOT TO REVEAL SECRETS


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PART II: SAFETY, HEALTH AND WELFARESECTION10. PROVISIONS RELATING TO SAFETY, ETC11. PERSONS EXPOSED TO EXPLOSIVE, INFLAMMABLE, ETC., SUBSTANCES.12. LIFTING OF WEIGHTS13. PROVISIONS AGAINST FIRE.14. CONSTRUCTION OF MACHINERY15. DANGEROUS PARTS OF MACHINERY.16. PROJECTING MATERIAL.17. MACHINERY FOR HIRE OR SALE MUST COMPLY WITH REGULATIONS.18. MACHINERY MANUFACTURED OR REPAIRED MUST COMPLY WITHREGULATIONS.19. CETIFICATE OF FITNESS.

20. DUTIES OF PERSONS EMPLOYED.21. DUTIES OF OCCUPIER.22. PROVISIONS RELATING TO HEALTH.23. EXPOSURE TO ELEMENTS24. PERSONAL PROTECTIVE CLOTHING AND APPLIANCES.25. PROVISIONS RELATING TO WELFARE.


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PART III: PERSONS IN CHARGE AND CERTIFICATE OFCOMPETENCY SECTION26. TRAINING AND SUPERVISION OF INEXPERIENCEDWORKERS.27. CHIEF INSPECTOR MAY MAKE ORDERS INCIRCUMSTANCES.28. YOUNG PERSONS.29. CERTAIN MACHINERY NOT TO BE OPERATED WITHOUTCERTIFICATEDSTAFF.30. PANEL OF EXAMINERS AND BOARD OF APPEAL.


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PART IV: NOTIFICTION OF ACCIDENT,DANGEROUS OCCURRENCE AND DANGEROUSDISEASES.

SECTION31. ACCIDENTS AND DANGEROUS OCCURRENCETO BE REPORTED.32. NOTIFICATION OF INDUSTRIAL DISEASES.

33. INVESTIGATION AND INQUIRIES.


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PART V: NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OFMACHINERY.SECTION34. OPERATION OF FACTORY.35. BUILDING OPERATIONS OR WORKS OF ENGINEERING CONSTRUCTION.

36. INSTALLATION OF MACHINERY,ETC.37. APPLICATION FOR REGISTRATION.38. REGISTER.39. MOVING OR ALTERATION OF OR ADDITION TO MACHINERY TO BEAPPROVED.40. PERIODICAL INSPECTIONS.

41. QUESTIONS FOR DECISIONS BY AN INSPECTOR AND APPEALS FROM SUCHDECISION.42. REPORT OF CHANGES,ETC.43. MACHINERY OR FACTORY NO LONGER IN USE.44. NOTICE OF SALE,HIRE OR TRANSFER.45. COPY OF REPORT OF ENQUIRY MAY BE SUPPLIED.46. POWERS OF THE CHIEF INSPECTOR AND SENIOR INSPECTORS AT ENQUIRIES.


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PART VI: GENERALSECTION47. CRIMINALS OR CIVIL LIABILITY UNAFFECTED.48. FEES.49. CHIEF INSPECTORS POWERS.50. OFFENCES.51. PENALTIES.52. PROSECUTIONS.52A. POWER TO COMPOUND.53. POWER TO MODIFY AGREEMENTS.54. POWER TO APPORTION EXPENSES.55. EXEMPTIONS56. REGULATIONS.57. MEDICAL SUPERVISIONS.58. REPEAL.

59. AMENDMENT OF SCHEDULE.

FIRST SCHEDULE DANGERUOS OCCURRENCE.SECOND SCHEDULE SERIOUS BODILY INJURY.THIRD SCHEDULE NOTIFIABLE INDUSTRIAL DISEASES.


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Safety & Health Organizations

in Malaysia Department of Safety and Health (DOSH)

National Institute of Occupational Safety and Health(NIOSH)

Social Security Organization (SOCSO)


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Dept. of Safety and Health DOSH is a department under the Ministry of HumanResources

Responsible for ensuring the safety, health and welfare of

people at work as well as protecting other people from thesafety and health hazards arising from the activities

Responsible for the administration and enforcement oflegislations related to occupational safety and health of the

country


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Dept. of Safety and Health 2/4

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Mission

To Secure Safety and Health at Work

Vision

To be the Ultimate Leader of Occupational

Safety and Health

Corporate Values

Firm, Fair and Friendly


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Dept. of Safety and Health 3/4

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Objectivesto prevent industrial accidents and occupational

diseases by achieving the following by 2010:

Reducing the rate of fatalities up to 20%

Reducing the rate of reported accidents (death,

permanent loss of ability, temp.loss of ability) up to 20%

Increasing enforcement investigations up to 100% and

promotional activities up to 200%;Increasing the number of Occupational Safety and

Health practitioners to 10,000 people


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FunctionTo study and review the policies and legislations of

occupational safety and health. To enforce the followinglegislations :

a) Occupational Safety and Health Act 1994 and its

regulations.

b) Factories and Machinery Act 1967 and its regulations.

c) Part of Petroleum Act 1984 (Safety Measures) and itsregulations.

To conduct research and technical analysis.

To carry out promotional and publicity programs.

To become a secretariat for the National Council regarding

occupational safety and health


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National Institute Of OSH

http://www.niosh.com.my

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National Institute Of OSH 1-2

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Dec 1, 1992 (NIOSH) was launched

Established on 24 June 1992 as a

Company Limited by Guarantee, NIOSH Board of Directors comprises of

15 Board members, ten of which are

appointed by the Government while theremaining are elected by NIOSH

members during the Annual GeneralMeeting (AGM).


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National Institute Of OSH 2-2

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Vision

To be the Leading Centre of Excellence in

Occupational Safety and Health.

Mission

To be the preferred partner in enhancing

Occupational Safety & Health

Social Security Organization


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Social Security Organization

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Social Security Org 1-4


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Social Security Org. 1-4

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(SOCSO) was established in 1971 under

the Human Resources Ministry

to implement and administer the social

security schemes under the Employees'

Social Security Act 1969 (Act 4),

workers are protected against industrial

accident including accident occurred while

working, occupational diseases, invalidity

or death due to any cause.

Prepared by Mohd Sharif, JKE POLISAS



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Social Security Org. 2 4

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function includes registration of employer

and employee, collecting contribution,

processing benefit claims and make

payment to the injured worker and their

dependents.

provide vocational and physicalrehabilitation benefits and enhance

occupational safety and health awareness

of workers.




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MISSION

SOCSO is committed to ensure socio-

economic security of all working Malaysian

citizens including their dependants through

Schemes Of Social Security and enhance

occupational safety and health awareness foremployees well-being

VISION

Ideal and excellent social security leader




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SOCSOs Protection Schemes

1. Employment Injury Insurance Scheme

provides protection to employees who are involved in accidents

arising out of and in the course of his employment occupational

diseases and also commuting accident.

2. Invalidity Pension Scheme.

provides twenty four (24) hours coverage for workers from

invalidity or dies irrespective of the cause of death. The other

objective is to ensure payments are made to workers and

dependants when an unexpected incident occurs.

Documents

OSH - Chapter 2