CHAPTER 2 OCCUPATIONAL SAFETY AND HEALTH ACT

CONCEPTS OF OCCUPATIONAL SAFETY AND

HEALTH

The Occupational Safety and Health Act (OSHA) is an

Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforce and to protect others against risks to safety or health in connection with the activities of persons at work.
This Act was gazetted on 24th February 1994 and may

be cited as the Occupational Safety and Health Act 1994. This Act is a practical tool superimposed on existing safety and health legislation.

 Occupational Safety and Health Act (OSHA 1994) also

known as ACT 514 OSHA 1994 (ACT 514) apply to all kind job (private and government), self-employed person, employers and 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 and Sarawak or the armed forces

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) and those who work with the risks (employees)

Manufacturing

SCOPE

Public services and statutory

authorities

The Objectives of OSHA

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; To protect persons at place of work other than persons at work against risks to safety or health arising out of the activities of persons at work; to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs;

 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.

CONTENT IN ACT 514

Employers Safety and Health General Policy

Statements Exception Regulations 1995 Control of Industrial Major Accident Hazards Regulations 1996 Safety and Health Committee Regulations 1996 Classification, Packaging and Labelling of Hazardous Chemical Regulations 1997 Safety and Health Officer Regulations 1997

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 Disease Regulations 2004

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 selfemployed persons to persons other than their employees Section 18. Duties of an occupier of a place of work to persons other than his employees Section 19. Penalty for an offence under section 15, 16, 17 or 18

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, the safety, health and welfare at work of all his employees.

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 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;

 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.

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 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 the statement and any revision of it to the notice of all of his employees.

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 and health in the workplace are included in the policies. The employee should be informed

Section 17. General duties of employers and self-employed persons to persons other than their employees
the duty of every employer and every self employed person to conduct his undertaking in such a manner as to ensure, so far as is practicable, that he and other persons, not being his employees Ensure that so far as is practicable, a person other than his employees who might be affected is not exposed to any health and safety risk. Provide information about work activities carried out

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 his employees, as a place of work, or as a place where they may use a plant or substance provided for their use there, 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.

(2) A person who has, by virtue of a contract or lease or otherwise, an obligation of any extent in relation to (a) the maintenance or repair of a place of work or any means of access thereto or egress therefrom; or (b) the prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work

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.

Employees Responsibilities (Part VI, Section 24-27)

Section 24: General duties of employees at work
Section 25. Duty not to interfere with or misuse things

provided pursuant to certain provisions Section 26. Duty not to charge employees for things done or provided Section 27. Discrimination against employee, etc.

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;

 (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; (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

 (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.

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 twenty thousand ringgitor to imprisonment for a term not exceeding two years or to both.

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 any regulation made there under. The employer must not charge his employees for providing personal protective equipmentsor other requirements of the law. For example the employee cannot be required to pay for personal protective equipments (e.g. safety boots, goggles, face mask, gloves or safety helmet) and employees welfare facilities (e.g. first aid box).

Section 27. Discrimination against employee, etc.

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

in his employment, or alter his position to his detriment by reason only that the employee: (a) makes a complaint about a matter which he considers 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

 (2) No trade union shall take any action on any of its

members who, being an employee at a place of work (a) makes a complaint about a matter which he considers 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 a safety and health committee

 (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.

 (4) Notwithstanding any written law to the contrary,

where a person is convicted of an offence under this section the Court may, in addition to imposing a penalty on the offender, make one or both of the following orders: (a) an order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as it thinks fit to compensate that person; (b) an order that the employee be reinstated or reemployed in his former position or, where that position is not available, in a similar position.

Factory & Machinery Act 1967

In 1960s, the government implemented a policy to move towards

industrialization. This resulted in an increasing number of workers in the manufacturing sector such as microelectronics, chemical and mineral based industries, and in later years textile and automobile industries. In order to manage the safety and health problems associated with manufacturing industries, the Factory and Machinery Act (FMA) was enacted in 1967 and enforced by the Factories and Machinery Department (previously known as Machinery Department). This Act and the regulations were the cornerstone for OSH improvement for the next three decades before the introduction of the Occupational Safety and Health Act 1994.

 PART 1: PRELIMINARY

SECTION 1. SHORT TITLE 2. INTRPRETATION OF FACTORY 3. INTERPRETATION GENERAL. 4. APPOINTMENT OF OFFICERS. 5. SUPERVISION OF OFFICERS 6. OFFICERS ARE PUBLIC SERVANTS 7. POWERS OF AN INSPECTOR. 8. OBSTRUCTION AN OFFENCE 9. PERSONS NOT TO REVEAL SECRETS

 PART II: SAFETY, HEALTH AND WELFARE SECTION 10. PROVISIONS RELATING TO SAFETY, ETC 11. PERSONS EXPOSED TO EXPLOSIVE, INFLAMMABLE, ETC., SUBSTANCES. 12. LIFTING OF WEIGHTS 13. PROVISIONS AGAINST FIRE. 14. CONSTRUCTION OF MACHINERY 15. DANGEROUS PARTS OF MACHINERY. 16. PROJECTING MATERIAL. 17. MACHINERY FOR HIRE OR SALE MUST COMPLY WITH REGULATIONS. 18. MACHINERY MANUFACTURED OR REPAIRED MUST COMPLY WITH REGULATIONS. 19. CETIFICATE OF FITNESS. 20. DUTIES OF PERSONS EMPLOYED. 21. DUTIES OF OCCUPIER. 22. PROVISIONS RELATING TO HEALTH. 23. EXPOSURE TO ELEMENTS 24. PERSONAL PROTECTIVE CLOTHING AND APPLIANCES. 25. PROVISIONS RELATING TO WELFARE.

 PART III: PERSONS IN CHARGE AND CERTIFICATE OF

COMPETENCY SECTION 26. TRAINING AND SUPERVISION OF INEXPERIENCED WORKERS. 27. CHIEF INSPECTOR MAY MAKE ORDERS IN CIRCUMSTANCES. 28. YOUNG PERSONS. 29. CERTAIN MACHINERY NOT TO BE OPERATED WITHOUT CERTIFICATED STAFF. 30. PANEL OF EXAMINERS AND BOARD OF APPEAL.

 PART IV: NOTIFICTION OF ACCIDENT,

DANGEROUS OCCURRENCE AND DANGEROUS DISEASES. SECTION 31. ACCIDENTS AND DANGEROUS OCCURRENCE TO BE REPORTED. 32. NOTIFICATION OF INDUSTRIAL DISEASES. 33. INVESTIGATION AND INQUIRIES.

 PART V: NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY. SECTION 34. 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 BE APPROVED. 40. PERIODICAL INSPECTIONS. 41. QUESTIONS FOR DECISIONS BY AN INSPECTOR AND APPEALS FROM SUCH DECISION. 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.

PART VI: GENERAL SECTION 47. 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. EXEMPTIONS 56. REGULATIONS. 57. MEDICAL SUPERVISIONS. 58. REPEAL. 59. AMENDMENT OF SCHEDULE. FIRST SCHEDULE DANGERUOS OCCURRENCE. SECOND SCHEDULE SERIOUS BODILY INJURY. THIRD SCHEDULE NOTIFIABLE INDUSTRIAL DISEASES.

Safety & Health Organizations in Malaysia

Department of Safety and Health (DOSH)
National Institute of Occupational Safety and Health

(NIOSH) Social Security Organization (SOCSO)

Dept. of Safety and Health

DOSH is a department under the Ministry of Human

Resources Responsible for ensuring the safety, health and welfare of people at work as well as protecting other people from the safety and health hazards arising from the activities Responsible for the administration and enforcement of legislations related to occupational safety and health of the country

Dept. of Safety and Health 2/4

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

Objectives
to 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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Function
To study and review the policies and legislations of occupational safety and health. To enforce the following legislations : 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 its regulations. 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

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 the remaining are elected by NIOSH members during the Annual General Meeting (AGM).
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National Institute Of OSH 2-2

Vision To be the Leading Centre of Excellence in Occupational Safety and Health. Mission To be the preferred partner in enhancing Occupational Safety & Health

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Social Security Organization

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Social Security Org. 1-4

(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

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 physical rehabilitation benefits and enhance occupational safety and health awareness of workers.

Prepared by Mohd Sharif, JKE POLISAS

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Social Security Org. 3-4

MISSION SOCSO is committed to ensure socioeconomic security of all working Malaysian citizens including their dependants through Schemes Of Social Security and enhance occupational safety and health awareness for employees well-being VISION Ideal and excellent social security leader

Prepared by Mohd Sharif, JKE POLISAS

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Social Security Org. 4-4

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.

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