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INTRODUCTION

OSH
LEARNING OUTCOME

Define the concept of occupational safety and


health.
Explain the history of occupational safety and
health.
Explain the importance of OSH at the workplace.
OSH : WHAT?

SAFETY

OCCUPATIONAL HEALTH

OSH
OSH : WHAT?

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

Occupational safety and health


(OSH) is a basic human right for
safety at workplace.
OSH : WHAT?

The ultimate aim of OSH is:


To prevent workplace accidents and ill-
health.
OSH : WHEN?
Steam Boiler Safety Era- Before 1914
First appointment related to OSH machinery inspector
(William Given)- 1878
System for boiler inspection by individual surveyors in
Perak 1980.
First boiler legislation Selangor Boiler Enactment 1892
Perak first steam boiler law was enforced 1903
Uniform steam boiler legislation enforced by inspectors
of boiler for Allied Malay States 1908.
A boiler is a closed vessel in which water or other fluid is heated. The heated
or vaporized fluid exits the boiler for use in various processes or heating
applications, including water heating, central heating, boiler-based power
generation, cooking, and sanitation.
OSH : WHEN?

Machinery Safety Era- 1914 to 1952


On 1 January 1914, all the steam boiler enactments
was replaced with Machinery Enactment.
The inspector inspects the steam boiler and any
other machinery such as internal combustion
engine, water turbine and any other auxiliary
installation involved
OSH : WHEN?

Industrial Safety Era- 1953 to 1967


All the machinery enactment used before 1953 was then
replaced with Ordinance 1953.
The role of an inspector has expanded from only
inspecting the steam boiler to the safety of workers in
factories that uses machinery.
Factory and Machinery Act was approved by the
Parliament in 1967.
The post of Medical Officer and Surveillance Unit was
created in the Machinery Department 1968.
OSH : WHEN?

Industrial Safety and Hygiene Era- 1970 to 1994


Machinery Ordinance 1953 was abolished and the Factory
and Machinery Act 1967 was enforced in Peninsular and
the establishment of the Factory and Machinery
Department 1970.
To solve all the shortcoming of the Machine Ordinal 1953,
as the workers in a workplace without machine previously
are now being protected under the new Acts.
Petroleum Act (Safety Measures) was enforced 1984.
Suggestion for establishment of National Institute of
Occupational Safety and Health 1985.
Cabinet approved for the establishment of NIOSH- 1991.
Official opening of NIOSH by the Minister of Human
Resource 1992.
Occupational Safety and Health Act 1994 (Act 914) was
approved by the Parliament.
OSH : WHEN?
Occupational Safety and Health Era- 1994 onwards
Occupational Safety and Health Act (OSHA) was enacted
in 1994
Covers all economic sectors
Duty of care element

The OSHMP Era


Occupational Safety and Health Master Plan 2015 was
launched by PM on 2009 with the objective to develop a
safe, healthy and productive human capital by adopting,
promoting and maintaining a safe and healthy work
culture at the workplace
http://www.dosh.gov.my/index.php?option=com_content&view=article&id=84:t
he-role-and-development&catid=39:dosh-profile&Itemid=750&lang=en
OSH : WHO?

The accountability for workplace safety and health falls on the


management (Reese, 2009).

OSH may also protect co-workers, family members,


employers, customers and many others who might be affected
by the workplace environment
OSH : WHO?

SAFETY AND HEALTH


ORGANIZATION
DOSH

NIOSH

SOCSO
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
FUNCTION OF DOSH

2. To enforce the following legislations :


1. To study and A) Occupational Safety and Health Act 1994
review the policies and its regulations.
and legislations of B) Factories and Machinery Act 1967 and its
occupational safety regulations.
and health. C) Part of Petroleum Act 1984 (Safety
Measures) and its regulations.

4. To carry out
3. To conduct promotional and
5. To become a
research and publicity programs to
secretariat for
technical analysis on employers, workers and
the National
issues related to the general public to
Council regarding
occupational safety foster and increase the
occupational
and health at the awareness of
safety and health
workplace. occupational safety and
health.
NIOSH (National Institute of
Occupational Safety and Health) was
established on 24 June 1992 as a
Company Limited by Guarantee, under
the Malaysian Companies Act, 1965.
FUNCTION
1. To provide
OF NIOSH 4. Support
training and industries in
education of their safety and
Safety and health campaign
Health activities

2. Organize and 3. Organize and


participate in participate in
Safety and Safety and
Health Health seminar
exhibition and conferences
SOCSO was established in1971 to implement and
administer the social security scheme under the
Employees Social Security Act 1969 (Act 4)

Under the scheme, worker are protected against


industrial accident including accident occur while
working, occupational diseases, invalidity or death
due to any cause.
FUNCTION OF
SOCSO 3. Provide vocational
and physical
rehabilitation benefits
and enhance
occupational safety
1. Registration of and health awareness
employer and of worker.
employee to SOCSO
Scheme 2. Collecting
contribution,
processing benefit
claim and make
payment to injured
worker and their
dependents.
OSH : WHY?

WHY CONCERN SAFETY &


HEALTH?

IMPORTANT???
OSH : WHY?
1) LEGAL ARGUMENTS
Legal responsibilities under both the statute laws and common laws
- Statute Laws main statute provisions: OSHA 1994, FMA 1967
- Both the Acts are enforced by DOSH
- Non-compliance and upon conviction- fined, or imprisoned or
both:
> OSHA 1994 max 50K fine, or max 2 years imprisonment, or both
> FMA 1967 max 250K fine, or max 5 years imprisonment, or both.
- Imposed with improvement or prohibition notices
- Offences are compoundable
Common Laws: common duty of care, negligence, nuisance,
trespassing, Tort (upon conviction, the court will determine amount of
compensation)
OSH : WHY?
2) ECONOMIC ARGUMENTS
Cost of an accident: insured costs, uninsured costs/hidden cost
Affected parties: country, employer/organization, victims and family
members
Economic implications to the country
- invested on education, training and other welfare needs
- lost of trained and skilled workers
- high compensation and medical cost
Economic implications to employer/organisation
- legal proceedings time and fees involved
- cost of investigations, replacement of workers and training of new
workers
- interrupted work activities (low productivity)
- low morale of workers (low productivity and quality)
Economic implications to victims and family members:
- no or less income depending on compensation, if any
- dependents survival at stake
OSH : WHY?
3) HUMANITARIAN ARGUMENTS
Sufferings and trauma experienced by the victims, family members and
close friends.
Loosing intimate relationships with family members and friends.
OSH : WHY?

The goals of occupational safety and health programs


include to foster a safe and healthy work environment

Formation and
implementation of
Employees can
safety programs
remain motivated Violence at
that are meant to
if they feel safe workplace
teach the
and happy
employees to
handle risks
OSH : HOW?
Accident prevention is
an essential part of
good management
and workmanship

Management
Best available
and workers
knowledge and
must
methods
cooperate

OSH
CONCEPT
Organization Top
and resources management
to achieve must take the
policy lead

A define and
known safety
and health
policy
OSH : HOW?

Statutory
Law

OSH
Legislation

Common
Law
OSH : HOW?

Statutory Law
Written law of a country consisting of Acts of
Parliament, regulations and orders made within the
parameters of a relevant subject in focus.
Set out a framework of principles in the areas or issues
involved.
Regulations and orders are not necessarily written at
the time the Acts were introduced. They are sometimes
added in after the Acts are established to accommodate
new requirements.
OSH : HOW?

Common Law
Evolved as a result of decisions by courts and
judges.
Common law related to OSH issues is known as
tort of negligence (or Law of Tort).
A tort is defined as a type of civil offence. This
is where the common principles fill the gap if
and when a statutory law does not supply any
specific requirements.
OSH : HOW?

Statutory Law Common Law


There is penalty Actions are decided
provided for a breach only if there is damage
regardless whether or loss
damage or loss has
occurred or not
OSH : HOW?

Factories and Machineries Act 1967 (FMA


Basic and 1967)
general
CATEGORY OF OSH

legislation Occupational Safety and Health Act 1994


(OSHA 1994)
LEGISLATION

Electricity Supply Act 1990

Petroleum (Safety Measures) Act 1984


To control
specific
chemical and Atomic Energy Licensing Act 1984
industrial
activities
Pesticide Act 1974

Minerals Enactment