TOPIC I: LECTURE 1

introduction to osh

By:

DR. TUAN DAUD @ WAN RAMLEE WAN A.KADIR, PMC

PROF. MADYA

Faculty of Applied Sciences

UNIVERSITI TEKNOLOGI MARA

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 OBJECTIVES:
Introduce the History of OSHA and sources of the
OSH law
To differentiate between Statutory Law and
Common Law
OSH Law History in Malaysia
Explain Employer’s Liability in Duty of Care
To introduce common terms and concepts as
stipulated by the law.

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 THE VICIOUS CIRCLE
UNSAFE
ACCIDENT
WORKPLACE

GET DOCTOR
WELL

What can be done to reduce or

eliminate this problem ?
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Describe the meaning of OSH?
How do you define OSH?
What is OSH?
 Occupational safety and health (OSH);
 is a cross-disciplinary area concerned with
protecting the safety, health and welfare of people
engaged in work or employment.
 encompasses the social, mental and physical
well-being of workers, that is the “whole
person”.

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Why does OSH is a cross-disciplinary
area? Occupational safety and health may involve
interaction among many cognate disciplines,
including;

 occupational medicine,  toxicology

 occupational (or industrial)  epidemiology,
hygiene,  industrial
 public health, safety relations,
engineering,  public policy,
 health physics,  sociology, and
 ergonomics, psychology.

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What are the aims of OSH?
 promotion and maintenance of the highest degree of
physical, mental and social well-being of workers in all
occupations;
 prevention among workers of adverse effects on health
caused by their working conditions;
 protection of workers in their employment from risks
resulting from factors adverse to health;
 placing and maintenance of workers in an occupational
environment adapted to physical and mental needs;
 the adaptation of work to humans.

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How do you define Safety ?
 is the state of being "safe" (from French sauf) and the
condition of ,
 being protected against:
 physical, social, spiritual, financial, political, emotional,
occupational, psychological, educational or
 other types or consequences of failure, damage, error,
accidents, harm or
 any other event which could be considered non-desirable.
 being protected from :
 the event or from exposure to something that causes health
or economical losses.
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How do you define Health?

 is a state;
 of complete physical, mental and social well-being
and
 not merely the absence of disease or infirmity
(physical weakness, ailment, lack of strength)

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What is Welfare?
 It is the quality of life is the degree of well-being
felt by an individual or group of people.
 It consists of two components:
 physical
 The physical aspect includes such things as health, diet, and
protection against pain and disease.
 and psychological.
 The psychological aspect includes stress, worry, pleasure and
other positive or negative emotional states.

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What is Occupational Hygiene ?
 is the discipline of ;
 anticipating,
 recognising,
 evaluating and
 controlling health hazards
in the working environment
 with the objective of;
 protecting worker health and well-being and
 safeguarding the community at large.

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Wha is Ergonomics?
 is the scientific discipline concerned with
 designing according to the human needs, and
 the profession that applies theory, principles, data and methods to design
in order to optimize human well-being and overall system performance.
 The field is also called human engineering, and human factors
engineering.
 Ergonomic research is primarily performed by ergonomists, who study
human capabilities in relationship to their work demands.
 Information derived from ergonomists contributes to the design and
evaluation of tasks, jobs, products, environments and systems in order
to make them compatible with the needs, abilities and limitations of
people.[

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What are the four basic components or
types of Law?
 Act – Akta:
 pass by the Parliment
 Regulations –Peraturan:
 Pass by the Parliament
 Order – Arahan:
 Issued by the Minister
 Guidelines – Panduan:
 Issed by Director General (Ketua Pengarah)

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Occupational Safety and Health Act
1994 (OSHA) is a mixture of two
main types source of laws?
 Statutory Law (Undang-undang Berkanun)

 Common Law

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STATUTORY LAW
 Consist of Acts and Regulations
 Formulated by the Government
 Breaching the law is a criminal offence
 Monetary and prison sentence
 Prosecution is only by Government Servants
(e.g. District Attorney) in Criminal Court.

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COMMON LAW
 Resulted from the decisions of court and judges in a civil
court
 allows the injured worker to sue the party that is
responsible causing the harm
 The injured party could request a lawyer for law suit
proceedings
 If plaintiff wins, the settlement is through monetary fines.

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LAW OF TORT
Tort are civil offences:
 The legal effect of a wrongful act of one party
causing harm to the person, property,
reputation or economic interest of another.
 Classification of Tort:
 Nuisance (Gangguan)
 Negligence (Kecuaian)
 Defamation (Fitnah)
 Trespassing (Pencerobohan)
Test question:
What is law of tort and how is it being classified?
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THE LAW OF TORT &
VICARIOUS LIABILITY
Tort of Negligence:
The duty owned by an employer to his employees is that
he must take such care as is reasonable for the safety of
his employees.

Vicarious Liability:
Arises where an employee or an agent of the employer
has acted negligently and caused injury to another
employee.

Test question:
Differentiate between term Tort of Negligence and Vicarious Liability
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 DUTY OF CARE
(KEWAJIPAN MENGAMBIL BERAT)

Employers are not excuse from the duty of care

responsibility although he has assigned a
competent person for the task or the job.

Wilsons and Clyde Coal Co vs English

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EMPLOYER’S LIABILITY ON DUTY OF CARE
Injuries on:
 On all individual workers
 Other workers due to wrong act or workers
negligence or agent performing the duty for the
employer (vicarious liability)
“ The employer is not hold accountability if the
workers act on their own such as playing around
while at work”
Smith Vs Crossley Bros Ltd
Test question:
When will the employer be cited as having liability on duty of care to his
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ELEMENT TO DETERMINE
NEGLIGENCE
• That there is a duty of care owed by one party to
the other
• That there has been a breach of that duty
• That the breach of duty has resulted in damage

The burden of proof in common law cases

rests with the plaintiff – the injured party
Test question:
What are the elements associated with in determining that there is a
negligence of one’s duty?

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Historical Development of OSH
Management
 OSH before and during the industrial revolution
 Development in OSH management between the 1930’s
and 1970’s
 Development of self-regulation legislation
 Modern OSH management

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Historical Development of OSH
Management
 In 1833 English Factory Acts was the first effective
industrial safety law.
 It provide compensation for accidents rather than to
control their causes.
 Insurance companies inspected work places and
suggested prevention methods
 Problem:
 Safety became Injury and insurance oriented

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Historical Development of OSH
Management
 Current development of Occupational Safety And Health
management system was driven by two parallel forces:
A.Self-regulatory legislation in the United Kingdom (1974):
based on Lord Robben report.
B. Quality management movement:
• OHSAS 18000 SERIES
• ILO-OHS 2001

Test question:
Explain what are the factors that have assisted in the development of
Occupational Safety and Health law and management system?

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 TEST QUESTIONS
 Lord Robben has been appointed as the chairman for the Royal Commission on
Safety and Health in the United Kingdom to review the laws and regulations on
safety, health and welfare of workers in a workplace. Identify the features of
Lord Robben Style of legislation.

 List some of the features of “Robben style” of OSH legislation.

 Lord Robben, Chairman of the Royal Safety Commission in the UK, found that
OSH law need to be revised. What are the main points of his justification on
why OSH law should be revised so that it is ‘self regulatory’.

 List some of the features of “Robben style” of OSH legislation.

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Historical Development of OSH
Management
 Lord Robens, Chairman of a Royal Safety Commission
Report noted that:
 there was too many OSH legislation,
 was fragmented,
 limited in coverage (specific hazards & workplace),
 out of date and difficult to update,
 Inflexible (prescriptive),
 People thought that safety was what government
inspectors enforced

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Historical Development of OSH
Management
 Lord Robens recommended
 Self regulation
 Report resulted in the Health and Safety of Workers At
Work Act in the UK in 1974
 Similar legislation was enacted in Australia in 1984
 Enacted in Malaysia in 1994 after the 1992 Bright Sparkler
accident in Sungai Buloh.

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Historical Development of OSH
Management
 Features of “Robens style” legislation:
 General duties of care by:
 Employer, employee, self-employed person, manufacturer,
designer, supplier
 Duty of employer to make the workplace safe
 Consultation with employees through Safety
Committees
 Safety Officer as advisor and coordinator
 Improvement and prohibition notices

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Historical Development of OSH
Management
Legislation follow major accidents and reinforce need
for management system

ACCIDENT REGULATION/PROGRAMME
Flixborough (1974), CIMAH regulation
Bhopal (1984) “Responsible Care” /
Process safety,
Piper Alpha (1988) Risk Assessment /
Management system

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CATEGORIES OF THE LAW at
present:
FIRST CATEGORY
To control industrial activity or specific chemical
substances:
 Mineral Enactment
 Atomic Energy Licensing Act 1984
 Pesticides Act 1974
 Petroleum Act (Safety Procedures) 1984
 Electricity Supply Act 1990

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CATEGORIES OF THE LAW
at present:
SECOND CATEGORY

Basic and General Laws:

 Factories and Machinery Act 1967
 Occupational Safety and Health Act
1994

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OSH LAW HISTORY IN
MALAYSIA

 The Selangor Boiler Enactment 1892

 The Perak Boiler Enactment 1903
 The Pahang Boiler Enactment 1908
 The Negeri Sembilan Boiler Enactment 1908
 Federal Machinery Enactment 1913
 Machinery Ordinance 1953
 Factory and Machinery Act 1967
 Occupational Safety and Health Act 1994

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TEST QUESTION
 List the periodical theme in safety beginning from 1914
until 1994

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PERIODICAL THEME IN
SAFETY
 Boiler Safety before 1914
 Machinery Safety 1914 - 1952
 Industrial Safety 1953 - 1967
 Safety and Hygiene in Industry 1970 - 1994
 Occupational Safety and Health 1994

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BOILER SAFETY BEFORE
1914
 The Selangor Boiler Enactment 1892
 The Perak Boiler Enactment 1903
 The Pahang Boiler Enactment 1908
 The N. Sembilan Boiler Enactment 1908
Scope of the enactment:
Boiler Safety and
Examination on Boiler’s Workers

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MACHINERY SAFETY 1914 -
1952
Federal Machinery Enactment 1913
Legislation scope:
 Examination/Inspection of machine
 Internal Combustion Engine

 Water turbine

 Machine assemble together

 Registration and Inspection of

assembled machines

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INDUSTRIAL SAFETY 1953 -
1967
Machinery Ordinance 1953

Legislative scope:
 Safety of Boiler and Machinery
 Workers safety in industry where machinery are
used

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 INDUSTRIAL SAFETY AND
HYGIENE 1968 - 1994
Factory and Machinery Act 1967

 Amend the Machinery Safety provisions

 Improve weaknesses in Machinery Ordinance 1953
Approach:
 Control of machines
 Control of internal environment
 Control on human

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TEST QUESTIONS
Define and provide and example for each;
a. Hazard:
b. Risk:
c. Danger:

Based on the example of a glass bottle of concentrated acid placed at

a corner of laboratory bench, identify the hazard, risk and danger
associated with this situation.

Define and provide an example for each in the case of a construction

worker crossing a wooden plank while working on a bridge
maintenance project.

Define the terms below and identify appropriately each type of

hazard, risk and danger for the scenario of a glass bottle of
concentrated sulphuric acid placed at a corner of a student’s desk

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BASIC TERMS & CONCEPTS
The Golden Words

Hazard
Risk
Danger
Accident
Near miss

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 HAZARD, RISK, DANGER
HAZARD:
 Anything that can cause harm (e.g. chemicals,
electricity, working from a ladder. etc)

RISK:
• Is the chance or probability of harm actually
being done

DANGER:
• Is the relative exposure to hazard. It may show
the magnitude of the risk or hazard.

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TEST QUESTIONS
 Hazards can be classified into physical, biological,
chemical, ergonomically and psychosocial. Could you
list ONLY the physical hazards associated with
machineries?
 Provide at least 10 examples of machinery hazards.

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 TYPE OF MACHINERY
HAZARDS
 Cutting(Memotong )  Friction and Abrasion
 Shearing(Mericih)
(Mengeser dan melelas )
 Crushing (Meremuk )
 Stabbing and
 Drawing In (Menarik ke
Puncturing(Menusuk
dalam )
dan Menembus )
 Ejection (Lentingan)
 Impact(Hentaman)
 Release of Potential
 Entanglement(Membel Energy(Membebaskan
it ) tenaga berpotensi )

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 ENFORCEMENT
Dept. of Occupational Safety and Health
(DOSH), PUTRA JAYA

Functions are:
 Enforce the FMA 1967 & OSHA 1994
 To motivate and promotion of safety
 Review the laws and regulations
 Provide advice and expertise
 The secretariat to the National Council for OSH

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 CARTA ORGANISASI JKKP IBU PEJABAT

KETUA PENGARAH

TIM. K. PENGARAH

BAHAGIAN BAHAGIAN BAHAGIAN

BAHAGIAN BAHAGIAN
PENGURUSAN & KESIHATAN PENYELARASAN &
MAJOR KESELAMATAN
KHIDMAT INDUSTRI PERANCANGAN
HAZARDS INDUSTRI
SOKONGAN

PEJABAT-PEJABAT NEGERI
KEDAH/PERLIS W.P. KUALA LUMPUR PAHANG
PULAU PINANG N. SEMBILAN TERENGGANU
PERAK MELAKA KELANTAN
SELANGOR JOHOR SARAWAK
SABAH / W.P. LABUAN
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SERVICE PROVIDER
National Institute of Occupational Safety and
Health (NIOSH), BANGI

Functions are:
– Provide trainings in OSH disciplines
– Research in OSH

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TEST QUESTIONS
 What are the differences between the role of National
Institute of Occupation Safety (NIOSH) in Bangi and
the Department of Occupational Safety and Health
(DOSH) in Putra Jaya.
 What are the differences between the role of National
Institute of Occupation Safety (NIOSH) in Bangi and
the Department of Occupational Safety and Health
(DOSH) in Putra Jaya.

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