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INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH LEGISLATIONS IN MALAYSIA - ACT 139 - FACTORIES AND MACHINERY ACT, 1967 (FMA) by: NORRAZMAN ZAIHA BIN ZAINOL FACULTY OF ENGINEERING TECHNOLOGY

Module 2 Legislation of OSH in Malaysia

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INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH LEGISLATIONS IN MALAYSIA -

� ACT 139 - FACTORIES AND MACHINERY ACT, 1967 (FMA)

by:NORRAZMAN ZAIHA BIN ZAINOL

FACULTY OF ENGINEERING TECHNOLOGY

�Exposure to OSH related legislations in

Malaysia

�Describe the differences between the

laws

�Describe the key elements in both laws

� The code of laws of Babylonian King

Hammurabi (circa 2000 B.C.)

� Printed the code on a 2.4 height stone

monument and published to people

� Hammurabi prescribed punishment of

overseers for injuries suffered by workers

� Also, imposed fine to prevent the accident

� Death penalty if causing death to other and

compensation to victim

� If a builder built a house for a man and do not make its construction firm and the house which he has built collapse and cause death of the owner of the house - the builder shall put to death

� If it cause the death of the son of the owner of the house- they shall put to death a son of the builder

� If it cause the death of a slave of the owner of the house- he shall give the owner of house of slave of equal value

� If it destroy property, he shall restore whatever is destroyed, and because he did not make the house which he built firm and collapsed, he shall rebuilt the house which collapsed at his own expense

� If a builder built a house for a man and do not make its construction meet requirements and a wall fall in, that builder shall strength the wall at his own expense

� Development of OSH in Malaysia very close relates to UK

� UK developed their OSH legislation during Industrial Revolutionin 19th century

� Earlier, limited liability on employer – “doctrine commonemployment”

� Laws enacted to control the working hour, gender and age.

� Tragic events such as factory fires also triggered legislationrequiring improved factory safety standards.

� By the end of the nineteenth century, the concept ofresponsibility without fault of the employer gave rise tocompensation and insurance schemes for occupational injuriesand then diseases including the first traces of the principle ofprevention.

� 1970, a committee chaired by Lord Roben investigated on thefailure of UK factories to reduce the accident and from hisreport, UK enacted HASAWA 1974 to replace other OSH laws

Source : ILO 2009

� Selangor Boiler Enactment 1892

� Perak Boiler 1903

� Machinery Ordinance 1913

� Machinery Enactment 1932

� Factory and Machinery Act 1967

� Lift Regulation 1970

� Lead Regulation 1984

� Noise Regulation 1989

� Mineral Dust Regulation 1989

� Asbestos Regulation 1991

� Occupational Safety & Health Act 1994

8

ACT

� Describe basic scope and provision of the Act

� Gazetted by Parliment

� Related OSH laws - AKKP 1994, AKJ 1967, ABE 1990 dan AKAS 1974

REGULATIONS

� Detailing on the requirement of the provision of the Act

� Approved by immediate Ministry

CODE OF PRACTICE / GUIDELINE

� Guideline to comply with the Act and Regulations

� Develop with assistance from the industries and approved by DOSH

� Not an act or regulations

�Common OSH laws:�Akta Kilang dan Jentera 1967.

�Akta Keselamatan dan Kesihatan

Pekerjaan1994.

10

�Specific laws e.g.:� Pesticide Act 1984.

� Petroleum (Safety Measures) Act 1984.

� Atomic Energy Licensing Act 1984.

Electrical Supply Act 1990.

CATEGORY OF OSH LEGISLATION IN MALAYSIA

� Fire Services Act 1988

� Uniform Building By-Law 1984

� Petroleum Safety Measures Act 1984

� Gas Supply Act 1993

� Diesel and Gas Storage Requirement

� Electricity Supply Act 1990

� Poison Act 1952

� Pesticide Act 1974

� Road Transport Act 1987

� Atomic Energy Licensing Act

� Environmental Quality Act 1974

Resource : DOSH website

Resource : DOSH website

� An Act to provide for the control of factories

with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of machinery and for matters connected therewith.

[1 February 1970]

� Included

� SIX Parts with 59 Sections

� THREE SCHEDULE

1. FIRST SCHEDULE – Dangerous Occurrence

2. SECOND SCHEDULE – Serious Bodily Injury

3. THIRD SCHEDULE – Notifiable Occupational Diseases

� Factory

� Terms & definition of;

� Chief Inspector/Inspector

� Building Operations

� Works of Engineering Construction

� Lifts/Hoisting machine/Machinery/Guards

� Unfired pressure vessel

� Bodily injury

� Certificate of fitness/ competency

� Engineer / Licensed person/Young person

� Section 4. Appointment of officers.

� Section 5. Supervision of officers.

� Section 6. Officers are public servants.

� Section 7. Powers of an Inspector.

� Section 7A. Entry into premises with a search warrant and the power of seizure.

� Section 7B. Entry into premises without a search warrant and the power of seizure

� Section 7C. Service of list of things seized.

� Section 7D. Appointment, powers and duties of a licensed person

Section 12. Lifting of weights.

No person shall be employed to lift, carry or move

any load so heavy as to be likely to cause bodily

injury to him.

Section 13. Provisions against fire.

Without prejudice to any law with respect to localauthorities, in every factory there shall be takensuch precautions against fire, and there shall beprovided and maintained, such means of escapein case of fire other than means of exit in ordinaryuse, and such means of extinguishing fire as maybe prescribed

Section 19 and 19A. Certificate of Fitness andRevoke of certificate due to fraud.

(1) No person shall operate or cause or permit to be

operated any machine unless a valid certificate is

issued

(2) Inspector has right to prohibit any use of the

machinery if no valid certificate.

(3) Termination of certificate if machinery under repair,

dismantle or damaged.

(4) If fraud, Inspector has right to revoke the certificate

Section 20. Duties of persons employed.

(1) No person employed in any factory or in any place

where any machinery is installed shall wilfully interfere

with or misuse any means, appliance, convenience or

other thing provided in pursuance of this Act for

securing the safety, health or welfare of the persons

employed in the factory or the place where the

machinery is installed; and when any means or

appliance for securing safety, health or welfare is

provided for the use of the person under this Act, he

shall make use of such means or such appliance.

Section 24. Personal protective clothing and

appliances.

Where in any factory persons are exposed to a wet or

dusty process, to noise, to heat or to any poisonous,

corrosive or other injurious substance which is liable

to cause bodily injury to those persons the Minister

may prescribe the provision and maintenance for use

of those persons suitable and adequate personal

protective clothing and appliances including where

necessary goggles, gloves, leggings, caps, foot-wear

and protective ointment or lotion.

�Section 25. Provision relating to welfare .

In relating to the factory, the followingprovision relating to welfare of the personsshall apply:

(1) adequate and suitable accommodationfor clothing not worn during working hour

(2) Adequate supply of drinking water

(3) Adequate and suitable facilities forwashing

(4) Provision of first aid box and room

� Section 26. Training and supervision of inexperienced workers.

No person shall be employed at any machine or inany process, being a machine or process liable tocause bodily injury, unless he has been fullyinstructed as to the dangers likely to arise inconnection therewith and the precautions to beobserved, and—

(a) has received sufficient instruction in work at the

machine or process; or

(b) is under adequate supervision by a person who

has knowledge and experience of the machine or

process.

Section 28. Young persons.

(1) No young person shall carry out work

involving the management of, or attendance

on, or proximity to, any machinery.

(2) It shall be the duty of the owner or occupier to

ensure that subsection (1) is observed.

Section 31. Accidents and dangerous occurrence to be reported.

�causes loss of life to any person;

�causes serious bodily injury to any person;

�causes bodily injury to any person so that the person is prevented from following his normal occupation for more than three clear days excluding the day of the accident; or

�causes serious damage to machinery or other property,

Section 31, continue;

� or any dangerous occurrence takes place inany factory or in connection with anymachinery, the occupier shall report theaccident or dangerous occurrence to theInspector having jurisdiction for the area inwhich the accident or dangerous occurrencehas taken place by the quickest meansavailable and subsequently with the leastpossible delay, report in writing to the Inspectorin the prescribed form the facts of the matter sofar as they are known to him.

Section 32. Notification of occupational diseases.

(1) Every registered medical practitioner attending on, or calledin to visit, a patient whom he believes to be suffering from anyof the diseases named in the Third Schedule and contractedin a factory shall, unless such notice has been previouslysent—

(a)forthwith sent to the Chief Inspector a notice stating thename and location of the factory in which the patient states heis or was last employed, the name and full postal address ofthe patient and the disease from which, in the opinion of theregistered medical practitioner, the patient is suffering; and

(b) at the same time send a copy of the notice to the occupierof the factory in which the patient states he is or was lastemployed.

� Section 34. Operation of factory.

� Section 35. Building operations or works of engineering construction.

� Section 36. Installation of machinery, etc.

� Section 37. Application for registration.

� Section 38. Register.

� Section 39. Moving or alteration of or addition to machinery to be approved.

� Section 40. Periodical inspections.

� Section 51. Penalties

(1) Any person who contravenes section 31,subsections 34(1), 36(1), 38(1) and 39(1), shall beguilty of an offence and shall, on conviction, beliable to a fine not exceeding one hundred thousandringgit or to imprisonment for a term not exceedingtwo years or to both.

(2) Any person who contravenes any other provisionof this Act or any regulation made under this Act forwhich contravention no penalty is expresslyprovided shall be guilty of an offence and shall, onconviction, be liable to a fine not exceeding fiftythousand ringgit or to imprisonment for a term notexceeding one year or to both.

Section 51. Penalties

(3) Where the offence of which any person isconvicted is a continuing offence, such personshall, in addition to the punishment inflicted inrespect of that offence, be further liable to a finenot exceeding two thousand ringgit for each dayor part of a day during which the offencecontinues after the first day in respect of whichthe conviction is recorded.

Section 51. Penalties

(4) Any person who without reasonable excusefails to comply with any written order or noticeissued under subsection 39(3) or 40(4) shall beguilty of an offence and shall on conviction beliable to a fine not exceeding two hundred andfifty thousand ringgit or to imprisonment for aterm not exceeding five years or to both and to afurther fine not exceeding two thousand ringgitfor each day or part of a day during which theoffence continues after the first day in respect ofwhich the conviction is recorded.

Section 51. Exemptions

(1) Nothing contained in this Act shall apply to—

(a) any factory or machinery operated—

(i) by the armed forces; or

(ii) by agreement with the Government byany visiting force lawfully present inMalaysia; or

(b) any machinery which is subject to the law

relating to merchant shipping.

Section 51. Exemptions

(2) Any factory and machinery operated by:(a) the Government of the Federation and theGovernment of every State shall be exemptedfrom the provisions of—

(i) the whole of sections 34, 35, 38, 48;and(ii) sections 36, 37, 39, 40, 43, only inrespect of machinery other than steamboilers, steam receivers, fired pressurevessels, unfired pressure vessels andlifts; and

Section 51. Exemptions

(3) The Minister may, by order, exempt eitherconditionally or absolutely any factory ormachinery or class of factories or machineryfrom all or any of the provisions of this Act orthe regulations made there under and may inlike manner cancel or vary any suchexemptions.

REGULATIONS UNDER FMA 19671. Factories and Machinery (Mineral Dust) Regulations, 1989

2. Factories and Machinery (Noise Exposure) Regulations, 1989

3. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986

4. Factories and Machinery (Asbestos) Regulations, 1986

5. Factories and Machinery (Leads) Regulations, 1984

6. Factories and Machinery (Compundable Offences) Regulations, 1978

7. Factories and Machinery (Compounding of Offences) Rules, 1978

REGULATIONS UNDER FMA 19678. Factories and Machinery (Notification of Fitness and Inspections)

Regulations

9. Factories and Machinery (Certificates of Competency Examinations)

Regulations, 1970

10. Factories and Machinery (Administration) Regulations, 1970

11. Factories and Machinery (Safety, Health and Welfare) Regulations,

1970

12. Factories and Machinery (Person in Charge) Regulations, 1970

13. Factories and Machinery (Fencing of Machinery and Safety)

Regulations, 1970

14. Factories and Machinery (Electric Passenger and Goods Lift)

Regulations, 1970

15. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel)

Regulations, 1970

�Building Operations and Works of Engineering Construction Safety Regulation 1986 (BOWECS)

� Imposes duties on employer to comply

� The contents of BOWECS Regulations 1986 include the general provisions on construction works activities; regulations on concrete work; structural steel and pre cast concrete assembly; cleaning; repairing and maintenance of roof, gutters, windows, louvers and ventilators; catch platforms; chutes, safety belts and nets; runaways and ramps; ladders and step-ladders; scaffolds; demolition; excavation works; material handling and storage, use and disposal; piling; blasting and use of explosives; and hand and power tools.

INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH LEGISLATIONS IN MALAYSIA -

� ACT 514 - OCUPATIONAL SAFETY AND HEALTH ACT, 1994 (OSHA)

by:NORRAZMAN ZAIHA BIN ZAINOL

FACULTY OF ENGINEERING TECHNOLOGY

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

An act to make further provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety and health in connection with the activities of person at work, to establish the National Council for Occupational Safety and Health and for matters connected there with

�Occupational Safety and Health Act 1994

(Act 514)

� Was implemented on 25 February 1994

� As a guideline used by public or

private sectors in preparing the safety

and health policy in their workplace

ABOUT OSHA

In this Act,

-the responsibility for OSH at

workplace are shared between

employers and employees

- moved from the era of direct

government supervision to the era of

self help and self regulation

-implying bigger and more active

role for employers and employees

ABOUT OSHA

�Aiming to improve the management and

awareness of health and safety issues

�In the long term, it aims to encourage the

safety culture among employer and

employee in the industry

�To provide the means whereby the

associated occupational safety and health

regulations and approved industry code of

practice operating in combination with the

provisions of the Act, designed to maintain or

improve the standards of safety and health

COMMON TERMS:-

� Government� Federal, state or local government

� Immediate employers � Employee directly employed by or

through him� Principal employers

� Owner of industry� Occupier� Government� Legal representative of deceased

owner or occupier

COMMON TERMS:-

� Employee/Workers� Directly employed by principal� Employed by or through immediate

employer� Temporary engage to principal by

manpower supply firm � Occupier

� Person who manage or has control over a work place

COMMON TERMS:-

� So far as is practicable – execute any action after consider � Severity of hazard and risk� State of available knowledge on

hazard and risk and mitigation action

� Availability and suitability of ways to mitigate the hazard/risk

� The cost of mitigation

COMMON TERMS:-

� Premises� Land, building & part of it� Vehicle, vessel or aircraft� Installation on water and land� Tent and movable structure

� Place of works� Premises where person work or use

for storage� Plant

� Machinery, equipment, appliance, tools and part of it incl. accessories

OBJECTIVES OF THE ACT

Part 1(4)

The objectives of this Act are:

a)To secure the safety ,health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work;

b) To protect persons

at a place of work other than persons at work against any risks to safety or health arising out of the activities of persons at work

c) To promote an

occupational

environment for

persons at work

which is adapted to

their physiological

and psychological

needs

d) to provide the means whereby the

associated occupational safety and

health legislations may be

progressively replaced by a system

of regulations and approved industry

codes of practice operating in

combination with the provisions of

this Act designed to maintain or

improve the standards of safety and

health.

� Scope of this act covers all working people in sectors such as manufacturing, mining (quarry), construction, forestry and fishery, utilities including electricity, gas, water, sanitary services, transportation, storage and communication, wholesale and retail trades, hotels and restaurants, real estates and business services, finance, insurance, public services and statutory

� However, it does NOT apply to work on board ships and armed forces (S. 1 (3)) – they have their own ordinances.

CONTENTS

OSHA span over fifteen parts and

three(3) schedule

�This act enables measures over

existing health and safety regulations

�Complement existing legislation

�In the event of any conflict, the

provision of OSHA shall prevail

PART I – PRELIMINARY

PART II – APPOINTMENT OF OFFICERS

PART III – NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH

PART IV – GENERAL DUTIES OF EMPLOYERS AND SELF EMPLOYED PERSONS

PART V – GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

PART VI – GENERAL DUTIES OF EMPLOYEES

PART VII – SAFETY & HEALTH ORGANISATIONS

PART VIII – NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DESEASES AND INQUIRY

PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART X – INDUSTRIES CODE OF PRACTICE

PART XI – ENFORCEMENT AND INVESTIGATION

PART XII – LIABILITY FOR OFFENCES

PART XIII – APPEALS

PART XIV – REGULATIONS

PART XV – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART XV - MISCELLANEOUS

PART III National council for occupational Safety & health

Section 8. Establishment of the Council. There shall be established a council called the "National Council for Occupational Safety and Health".

PART III National council for occupational Safety & health

Section 9. Membership of the Council. (1) The Council shall consist of not less than twelve and not more than fifteen members who shall be appointed by the Minister, of whom -(a) three persons shall be from organizations representing

employers; (b) three persons shall be from organizations representing

employees; (c) three or more persons shall be from Ministries or Departments

whose responsibility is related to occupational safety and health; and

(d) three or more persons, of whom at least one shall be a woman, shall be from organizations or professional bodies the activities of whose members are related to occupational safety and health and who, in the opinion of the Minister, are able to contribute to the work of the Council.

PART III National council for occupational Safety & health

Section 11. (1) The Council shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.

PART IV General duties of employers and self-

employed persons

Section 15. General duties ofemployers and self-employed personsto their employees.

(1) It shall be the duty of every employerand every self-employed person toensure, so far as is practicable, thesafety, health and welfare at work of all hisemployees.

PART IV General duties of employers and self-

employed persons

Section 15. General duties ofemployers and self-employed personsto their employees.

(2) Without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular:

PART IV General duties of employers and self-

employed persons

Section 15.(2)

(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 or operation, handling,

storage and transport of plant and substances;

(c) the 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;

PART IV General duties of employers and self-

employed persons

Section 15.(2)

(d) so far as is practicable, as regards any place of work

under 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 maintenance of the means of access to and

egress from it that are safe and without such risks;

(e) the provision and maintenance of a working

environment for his employees that is, so far as is

practicable, safe, without risks to health, and

adequate as regards facilities for their welfare at

work.

PART IV General duties of employers and self-

employed persons

Section 15.3.For the purposes of subsections (1) and (2)-

b) The duties of an employers or a self employed person

under subsection (1) and (2 ) extend to such an

independent contractor and the independent self

employed contractor’s employees in relation to matters

over which the employer or self employed person

i) has control

ii)would have had control but for any agreement between

the employer or self employed person and the

independent contractor to the contrary

PART IV General duties of employers and self-

employed persons

Section 16. Duty to formulate safety and

health policy.

Except in such cases as may be prescribed, duty ofevery employer and every self-employed person to

prepare and as often as may be appropriate revise a

written statement of his general policy with respect to

the safety and health at work of his employees and the

organization and arrangements for the time being in

force for carrying out that policy, and to bring thestatement and any revision of it to the notice of all ofhis employees.

PART IV General duties of employers and self-

employed persons

Section 17. General duties of employers and

self-employed persons to persons other than

their employees.

(1) Duty of employer to person other than

their employees

To conduct his undertaking in safe manner,

as far as practicable and to inform about the

risks associated with their undertakings to

person other than their employees who may

be affected are not exposed to risks

PART IV General duties of employers and self-

employed persons

Section 17. General duties of employers and

self-employed persons to persons other than

their employees.

(2) To give person ,not being his employees,

who may be affected by the manner in which he

conduct his undertakings, prescribed

information or such aspects of the manner in

which he conduct his undertakings as might

affect their safety/ health

PART IV General duties of employers and self-

employed persons

Section 18. Duties of an occupier of a place

of work to persons other than his

employees.

Shall take such measures as are practicable to

ensure that the premises , all means of access

thereto and egress there from available for use

by persons using the premises , and any plant

or substance in the premises or provided for use

there, is or are safe and without risks to health

PENALTY FOR OFFENCE (15-18)

FINE : Not exceeding RM 50,000.00

IMPRISONMENT : Not exceeding 2 years

Or

BOTH

PART VI General duties of employees

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 of

himself and of other persons who may be affected

by his acts or omissions at work;

(b) to co-operate with his employer or any other person

in the discharge of any duty or requirement imposed

on the employer or that other person by this Act or

any regulation made there under;

PART VI General duties of employees

Section 24. General duties of employees at

work.

(1) It shall be the duty of every employee

while at work-(c) to wear or use at all times any protective equipment

or clothing provided by the employer for the purpose

of preventing risks to his safety and health; and

(d) to comply with any instruction or measure on

occupational safety and health instituted by his

employer or any other person by or under this Act or

any regulation made there under.;

PART VI General duties of employees

Section 24. General duties of employees at

work.

(2) A person who contravenes the provisions of

this section shall be guilty of an offence and

shall, on conviction, be liable to a fine not

exceeding one thousand ringgit or to

imprisonment for a term not exceeding three

months or to both

PART VI General duties of employees

Section 25. Duty not to interfere with or

misuse things provided pursuant to certain

provisions.

A person who intentionally, recklessly or negligently

interferes with or misuses anything provided or done in

the interests of safety, health and welfare in pursuance

of this Act shall be guilty of an offence and shall, on

conviction, be liable to a fine not exceeding twentythousand ringgit or to imprisonment for a term notexceeding two years or to both.

PART VI General duties of employees

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 done or provided in pursuance of this

Act or regulation made thereafter

PART VI General duties of employees

Section 27 – Discrimination against

employee

(3) An employer who, or a trade union which,

contravenes the provisions of this section shall

be guilty of an offence and shall, on conviction,

be liable to a fine not exceeding ten thousand

ringgit or to a term of imprisonment not

exceeding one year or to both.

PART VII Safety and Health Organization

Section 29 – Safety and Health Officer

1) This section apply to classes as in Gazette

2) An occupier of a workplace to which the

section applies should employed a

competent person to act as SHO

3) The function of SHO is to ensure compliance

with the Act and regulations and promote

safe conduct of work at the place of work

4) The SHO should be trained and qualified

5) Penalty to occupier for this section – fine

max RM5K or imprisonment max 6 months

or both

PART VII Safety and Health OrganizationSection 30 – Safety and Health Committee

1) Every employer should establish a safety

and health committee if

1) Employed forty or more workers

2) Instruction by The Director General of

DOSH

2) Composition, appointment and power of

committee should be prescribed

3) Employer should consult the committee any

matter relating to OSH

4) Penalty – fine max RM5K or imprisonment

max 6 months or both

DUTIES OF EVERYONE

The Act places duties on employers, self-employed

people and employees to ensure that their work activities

do not harm themselves or other people.

For forest operations, other people

include visitors, people passing the operation, and the

general public who may be in the vicinity

of an operation.

Any person in control of a place of work (e.g. a principal,

contractor or subcontractor) shall

attempt to ensure that people there (or close by) are not

harmed by any hazard resulting from

work activities.

REGULATIONS UNDER OSHA 1994

1. Occupational Safety and Health (Notification of Accident, Dangerous

Occurrence, Occupational Poisoning and Occupational Disease) Regulations

2004

2. Occupational Safety and Health (Use and Standards of Exposure of

Chemicals Hazardous to Health) Regulations 2000

3. Occupational Safety and Health (Safety and Health Officer) Regulations 1997

4. Occupational Safety and Health (Classification, Packaging and Labelling of

Hazardous' Chemicals) Regulations 1997

5. Occupational Safety and Health (Safety and Health Committee) Regulations

1996

6. Occupational Safety and Health (Control of Industrial Major Accident

Hazards) Regulations 1996

7. Occupational Safety and Health (Employers' Safety and Health General Policy

Statements) (Exception) Regulations 1995

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