Professional Documents
Culture Documents
1.1.2
The role of occupational safety and health has been in existence since 120 years ago, in the late 19th century. It started with steam boiler safety and then followed by machinery safety. After that, it was continued with industrial safety, industrial safety and hygiene and lastly occupational safety and health that cover every work sector. The history, role and development can be explained in five eras.
1.
Steam boiler enactments at that time were state oriented as each of four allied Malay states or Negeri Negeri Melayu Bersekutu ( Perak, Selangor, Pahang and Negeri Sembilan ) uses its own steam boiler law. The first steam boiler law of Malaysia was believed to be legislated in Selangor, which is the Selangor Boiler Enactment 1892. Meanwhile in Perak, their first steam boiler law was enforced in the year 1903. Only by 1908, did the Allied Malay States have a uniform steam boiler legislation that was enforced by inspectors of boiler.
2.
On the 1st January 1914, the steam boiler enactments of the Allied Malay States were abolished and were replaced with Machinery Enactment of 1913. Effective with this legislation, inspectors were not only to inspect steam boilers but also had to inspect machineries, including self combustion engines, water turbines and other related auxiliary machineries. At the same time, the job title of Inspector of Boiler was also abolished and was replaced with Inspector of Machinery and Assistant Inspector of Machinery.
In the year 1932, the Machinery Enactment of 1913 was abolished and replaced with Machinery Enactment of 1932. Registration and inspection of installation were enforced.
At that time, the inspectors of machinery was under the administration of the Mineral Department, under the machinery branch. This was because most machineries were being used in the mining sector and furthermore, mining was also the main industry.
3.
In 1953, all of the machinery enactments of Allied Malay States ( Negeri Negeri Melayu Bersekutu ), Non Allied Malays States ( Negeri Negeri Melayu Tidak Bersekutu ) and Strait States ( Negeri Negeri Selat ) were abolished and replaced with the Machinery Ordinance 1953. With the enforcement of this ordinance, the roles of inspectors were not only limited to steam boiler or machinery safety but also covered all aspect of factory workers safety where those machineries were being used. Ordinance 1953 lack a lot in workers health aspects even though there were regulations on safety, health and welfare of workers under the ordinance, as it was not fully enforced. The main provisions of the ordinance were as follows :
Hence there must be established a Board of Inspectors with powers to conduct inspections and to approve certificates of fitness ;
Hence approval from Inspections must be given before a machine can be licensed or be modified ;
Hence all accidents to person or property relating to machinery must be notified and investigated ;
Hence no person should be acting in a manner that could cause injury to others or to use safety tools ;
Hence all non complying machinery should not be sold, borrowed or rented ;
Hence Inspectors are given powers to enter premises and to stop unsafe machineries ;
Until 1964, there were 786 steam boilers, 4537 unfired pressure vessel, 981 hoisting machines and 11366 other installations. The staffs of Machinery Department consisted of 10 Inspectors which were made up of mechanical engineers, 5 Assistant Inspectors which were holders of engineering diploma and lastly 5 Factory Inspectors ( Technicians ).
4.
that doesnt use machinery. Provisions relating to industrial health are further added.
5.
The purpose of Occupational Safety and Health Act 1994 is to promote and encourage occupational safety and health awareness among workers and to create organisation along with effective safety and health measures. This would be carried out by self regulation schemes that match the industry or related organisation. This Act, which contains 15 section, is a measure that supersedes any conflict in existing occupational safety and health laws such as the Factory and Machinery Act 1967. The Occupational Safety and Health Act 1994 complements any existing legislative provision and if there are any conflicts, the Occupational Safety and Health Act 1994 will overcome it.
This Act also defines the responsibilities of employers, manufacturer, employees, self employed workers, designers, importers and vendors. Even though those responsibilities are general, it would still need serious attention and would carry all kind of liabilities. There are three main principles that had been taken as the foundation in the drafting of this Act. The first principle is self regulation. To 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. The second principle is consultation, where employers, employees and the government must negotiate to settle issues and problems relating to occupational safety and health at the workplace. The third principle is co operation, where employers and employees must c0 operate to take care, nurture and to increase the quality of occupational safety and health at the workplace.
Without c0 operate between employers and employees, none of the occupational safety and health programmes carried out would succeed.
This Act also provide for the appointments of enforcement officers, establishment of National Council for Occupational Safety and Health, formation of policy and arrangement of measures to protect safety, health and welfare of people at work and others who might be endangered by the activities of people at work. The powers to enforce, to inspect and the liabilities for breaking the law are also clearly defined.
With the approval of this Act, starting from April 1994 the Department of Factory and Machinery has been renamed as the Department of Occupational Safety and Health ( DOSH ) and the Inspectors are called Occupational Safety and Health Officers.
Under this Act, industrial sectors that are covered by it are as follows :
Manufacturing Mining and quarrying Construction Agriculture, forestry and fishing Utilities gas, electric, water and sanitary services Transport, storage and communication Wholesale and retail traders Hotels and restaurants Finance, insurance, real estate, business service Public services and statutory authorities
1.1.3
Effective health and safety policies can improve the performance of employees and the organization, by reducing costs associated with accidents, disabilities, absenteeism, or illness. In addition to improving and reducing costs, maintaining a healthy and safe work environment helps to facilitate employees commitment to quality and improve industrial relations. One of the side effects of a proactive health and safety policy is that it leads to improved productivity and quality. When employees work in health and safe workplace, higher levels of motivation, performance and loyalty will result. To prevent accidents in the plant by reducing the hazard to minimum. To eliminate accident caused work stoppage and lost production.
To achieve lower workmens compensation, insurance rates and reduce all other direct and indirect costs of accidents. To prevent loss of life, permanent disability and the loss of income of worker by eliminating causes of accidents.
Cost saving
Two types of costs are incurred by the management when an accident occurs i.e. 1) Direct cost It may be in the form of compensation payable to the dependents of victim if the accident is fatal, and medical expenses incurred in treating the patient if the accident is non fatal. 2) Indirect cost It includes loss on account of down time of operators, slowed up production rate of other workers, materials spoiled and labor for cleaning, and damages to equipment.
Increased Productivity
Safety promotes productivity because employee in safe plants can devote more time on improving the quality and quantity of their output and spend less time worrying about their safety and well being.
Moral
Safety is important on human grounds too. Managers must undertake accident prevention measures to minimize the pain and suffering the injured worker and his / her family is often exposed to as a result of the accident.
Legal
There are legal reasons too for undertaking safety measures. There are laws convering occupational health and safety, and penalties for non compliance have become quite severe. The responsibility extends to the safety and health of surrounding community, too. The supreme court held :
An enterprise which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the persons working in the factory and industry in the surrounding areas, owes an absolute and non degradable duty to anyone on account of the hazardous or inherently dangerous nature
1.1.4
Before a detailed discussion of health and safety issues can take place, some basic occupational health and safety definitions are required :
Health The protection of the bodies and minds of people from illness resulting from the materials, processes or procedures used in the workplace.
Safety The protection of people from physical injury. The borderline between health and safety is ill defined and the two words are normally used together to indicate concern for the physical and mental well being of the individual at the place of work.
Welfare The provision of facilities to maintain the health and well being of individuals at the work place. Welfare facilities include washing and sanitation arrangements, the provision of drinking water, heating, lighting, accommodation for clothing, seating ( when required by the work activity ), eating and rest rooms. First aid arrangements are also considered as welfare facilities.
Occupational or work related ill health Is concerned with those illnesses or physical and mental disorders that are either caused or triggered by workplace activities. Such conditions may be induced by the particular work activity of the individual or by activities of others in the workplace. The time interval between exposure and the onset of the illness may be short ( e.g. asthma attacks ) or long ( e.g. deafness or cancer ).
Environmental protection Arrangements to cover those activities in the workplace which affect the environment ( in the form of flora, fauna, water, air and soil ) and, possibly, the health and safety of employees and others. Such activities include waste and effluent disposal and atmospheric pollution.
Accident Defined by the Health and Safety Executive as any unplanned event that results in injury or ill health of people, or damage or loss to property, plant, materials or the environment or a loss of a business opportunity . Other authorities define an accident more narrowly by excluding events that do not involve injury or ill health.
Near miss Is any incident that could have resulted in an accident. Knowledge of near misses is very important since research has shown that, approximately, for every 10 near miss events at a particular location in the workplace, a minor accident will occur.
Dangerous occurrence Is a near miss which could have led to serious injury or loss of life. Dangerous occurrences are defined in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 ( often known as RIDDOR ) and are always reportable to the Enforcement Authorities. Examples include the collapse of a scaffold or a crane or the failure of any passenger carrying equipment.
Outcome The outcome is the harm that results from an uncontrolled hazard.
Risk A risk is a combination of the probability that a particular outcome will occur and the severity of the harm involved.
Hazard , risk , and outcome are used in other fields to describe e.g. environmental damage, or damage to equipment. However, in the context of OSH, harm generally describes the direct or indirect degradation, temporary or permanent, of the physical, mental, or social well being of workers. For example, repetitively carrying out manual handling of heavy objects is a hazard. The outcome would be a musculoskeletal disorder ( MSD ). The risk can be expressed numerically, ( e.g. a 0.5 or 50 / 50 chance of the outcome occurring during a year ), qualitatively as high / medium / low , or using a more complicated classification scheme.
1.1.5
An accident may be defined as an unplanned event or happening. This is, an accident is something unexpected, not predictable, foreseen or intended. An extension of this theme is that an accident is an outcome of an event that is not desired. Accidents do not just happen they are caused. An unsafe act and / or unsafe condition cause the accident event, resulting in interruption to work activities, damage to property or injury to a person.
Every accident has one or more identifiable causes. The employer is responsible for ensuring a safe system of work is in place and therefore must take action to prevent accidents from occurring or recurring.
For some, this concept still causes difficulty. The term accident suggests that an event occurred itself, with some degree of chance and it implies no blame or responsibility. Some people associate or equate an accident.
Home Cases
No compensation is paid, only rest and medical treatment is provided by the employer.
Traffic Accidents
They include ; (a) (b) Collision between moving vehicles Collision with fixed objects
Machine Accidents
These accidents may happen due to ; (a) (b) (c) (d) Breaking of a steel rape Breaking of fast moving blade Moving or sliding part of machine Loose garments dragging the part of the body of the worker
These include, (a) (b) (c) (d) Fall of heavy article from higher level Collapse of roof, wall or shed Electric shock Chemical reaction
Nature OF Injury
They include, (a) (b) (c) (d) Fatal Burns Fractures Cuts Sprain ( sudden pull of wrist causing pain but not dislocation )
(e)