INTRODUCTION OF

OCCUPATIONAL SAFETY
AND HEALTH LEGISLATION

Objective

To explain the different between statutory law and

Common Law
To explain employers liability in Duty of Care
To list down OSH legislation history in Malaysia

Learning Scope
1.
2.
3.
4.
5.

OSH Legislation
Duty of Care
OSH legislation history in Malaysia
Category of legislation
Summary

Definition of Law
The body of enacted or customary rules
recognized by community as a binding
Source: Oxford English Dictionary

Classification of Law
Law

Public Law

International Law

Individual and
the state

(Law that
prevails between
state)
Public
International Law

Constitution
al Law

Criminal
Law

(Right of
individual in the
state)

(Offence against
the State.
Obligations
imposed on
individual)

Private Law

(Individual)

Private
International Law

Contract

Tort

(Right and (Offence against

obligations that individual)
arise by
agreement)

Trust
(Relationship
between trustee
and beneficiary)
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OSH LEGISATION
Statutory Law
Common Law

STATUTORY LAW
Comprise of Act and Regulation:
Legislated by government
Infringement is criminal offences
Penalty punishment and
imprisonment
Prosecution by government officials (
such as Deputy Prosecutor) in court
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COMMON LAW
Resulted from decision made by
judge and civil court
Enable injured party to make claim
to liable party
Trial request made by appointed
lawyer of injured party
Proven guilty compensation in
money
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LAW OF TORT
Tort is a civil offences such as:
Someones offence may giving right
to injured party / oppressed to make
claim in civil court.
Tort classification:
1. Nuisance
2. Negligence
3. Defamation
4. Trespassing
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LAW OF TORT
Tort of Negligence
the breach of a legal duty to take
care which result in damage,
undesired by defendant, to the
plaintiff

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DUTY OF CARE
Employer is liable of the duty of
care even though he or she has
appoint or assign competent person
Wilsons and Clyde Coal Co vs English

11

EMPLOYERS LIABILITY ON DUTY OF

CARE
Injury on:

Each worker individually

Other worker due to misconduct or
workers negligence or agent who do
the work for employer
(liability that representing -Vicarious liability)

12

EMPLOYERS LIABILITY ON DUTY OF

CARE
Employer is not responsible on the
workers action such as horseplay during
duty
Smith Vs Crossley Bros Ltd
(Two apprentices inject compressed air to third
party as a joke)

13

ELEMENTS TO DETERMINE
NEGLIGENCE CASE
1. Have duty of care of one party to the other
party
2. Have violation on the duty
3. Breach on the duty resulted to damage and
injury
Burden to prove is on the Plaintiff (injured
person)

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COMBINATION BETWEEN TWO LAWS

Common Law
Statutory Law

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OSH LEGISLATION HISTORY IN

MALAYSIA
1. The Selangor Boiler Enactment 1892
2. The Perak Boiler Enactment 1903
3. The Pahang Boiler Enactment 1908
4. The Negeri Sembilan Boiler Enactment 1908
5. Federal Machinery Enactment 1913
6. Machinery Ordinance 1953
7. Factories and Machinery Act 1967
8. OSHA 1994
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OSH LEGISLATION SCOPE

1. Boiler safety before year 1914
2. Machine Safety 1914 - 1952
3. Industrial Safety 1953 - 1967
4. Safety and Industrial Hygiene 1970 - 1994
5. Occupational Safety and Health after year 1994

17

BOILER SAFETY BEFORE 1914

1. The Selangor Boiler Enactment 1892
2. The Perak Boiler Enactment 1903
3. The Pahang Boiler Enactment 1908
4. The Negeri Sembilan Boiler Enactment 1908

Enactment scope:
Boiler safety and
Inspection to boilers worker

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MACHINE SAFETY
1914 - 1952
Federal Machinery Enactment 1913
Legislation scope:

1. Machine inspection such as:

Internal combustion engine
Water turbine and
above machine assembled together

2. Registration and inspection of assembly

machine
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INDUSTRIAL SAFETY 1953 - 1967

Machinery Ordinance 1953

Legislation scope:
Boiler and machine safety
workers safety in which the been used

20

SAFETY AND INDUSTRIAL HYGIEN

1968 - 1994
Factories and Machine Act 1967
Amend provision on machine safety
Improve deficiency in Machineries Ordinance
1953
Scope does not include workplace without
machine
Less provision in health
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FACTORIES AND MACHINE ACT 1967

APPROACH
1. Machine control
2. Internal environment control
3. Human control

22

OCCUPATIONAL SAFETY AND HEALTH

AFTER 1994
Occupational Safety and Health Act
1994 (OSHA 1994)
Legislation scope
1. Protect safety and health of workers in
all economic sector.
2. Have Duty of Care element
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CATEGORY OF LEGISLATION
Two (2) categories
Control of industrial activity or
specific chemical
Principle and general legislation

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CATEGORY OF LEGISLATION
Control of Industrial activity or specific chemical
1. Mineral Enactment
2. Atomic Energy Licensing Act 1984
3. Pesticides Act 1974
4. Petroleum Act (Safety measures) 1984
5. Electric Supply Act 1990

25

CATEGORY OF LEGISLATION
Principle and General Legislation
1. Factories and Machine Act 1967
2. Occupational Safety and Health Act
1994

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ENFORCEMENT
Department of Occupational Safety and
Health (DOSH)
Among the functions:
1. Enforce FMA 1967 & OSHA 1994
2. Carry out encourage and promotional work
3. Examine existing legislation
4. Provide consultancy and expertise
5. To be secretariat of National Council for OSH
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SUMMARY
Common Law
TORT law
Resulted of decision made by judge and court
Injured party can make claim to liable party
Statutory Law
Have Act and Regulation
Legislated and enforced by government
Proven guilty can be penalized or imprisonment
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SUMMARY
OSH history background
1. Boiler Safety before year 1914
2. Machine Safety 1914 - 1952
3. Industrial Safety 1952 - 1967
4. Industrial and Industrial Hygiene 1970-1994
5. Occupational Safety and Health after 1994

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