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(BDA 31302)
Chapter 1:
HEALTH, SAFETY AND
ENVIRONMENTAL MANAGEMENT
Prepared by:
Sub topics
1
1.1 Introduction to Occupational Safety and Health
(OSH)
Safety is the state of being "safe", 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.
2
1.1 Introduction to Occupational Safety and Health
(OSH)
Indirect costs may include costs of replacement for
injured workers and costs arising from loss of
commitment and motivation of workers involved in the
accidents.
If a safe and conducive environment is created by
implementing safety and health at work, there will be
an indirect cost saving as the workers efficiency and
productivity will be enhanced under such favorable
environment [1].
3
1.1 Introduction to Occupational Safety and Health
(OSH)
Obviously the safety and health aspects involving
the workers cannot be disregarded as the law
requires the employers to implement safety and health
at work.
The duty has been imposed by the law and the breach
of the duties shall invite legal sanctions. The statute
makes it an offence for an employer who fails to
discharge their statutory duties prescribed under it.
4
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514 [2]
A piece of Malaysian legislation which was gazetted on
the 25th February 1994 by the Malaysian Parliament.
An Act to make further provision for securing that
safety, health and welfare of persons at work, for
protecting others against risks to safety or health in
connection with the activities of persons at work, to
establish the National Council for Occupational Safety
and Health and for matters connected therewith.
Scope: Person at work in all economic activities
including public and statutory authorities, except on
board ships or the Armed Forces.
Divided into 15 parts and 67 Sections [2].
5
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Part 4: General Duties of Employers and PART 5: General Duties of Designers,
Self-Employed Persons Manufacturers and Suppliers
Section 15. General duties of employers Section 20. General duties of manufacturers,
and self-employed persons to their etc., as regards plant for use at work.
employees. Section 21. General duties of manufacturers,
Section 16. Duty to formulate safety and etc., as regards substances for use at work.
health policy. Section 22. Explanations to sections 20 and 21.
Section 17. General duties of employers Section 23. Penalty for an offence under
and self-employed persons to persons section 20 or 21.
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.
6
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
PART 11 - ENFORCEMENT AND INVESTIGATION
PART 9: Prohibition against Use of Plant or
Section 39. Powers of entry, inspection,
Substance
examination, seizure, etc.
Section 35. Power to prohibit the use of
Section 40. Entry into premises with search
plant or substance.
warrant and power of seizure.
Section 36. Aggrieved person may appeal.
Section 41. Entry into premises without search
warrant and power of seizure.
Section 42. Power of forceful entry and service
on occupier of signed copy of list of things
PART 10 - INDUSTRY CODES OF PRACTICE seized from premises.
Section 37. Approval of industry codes of Section 43. Further provisions in relation to
practice. inspection.
Section 38. Use of industry codes of Section 44. Power of investigation.
practice in proceedings. Section 45. Power to examine witnesses.
Section 46. Employer, etc., to assist officer.
Section 47. Offences in relation to inspection.
Section 48. Improvement notice and
prohibition notice.
Section 49. Penalty for failure to comply with
notice.
Section 50. Aggrieved person may appeal.
7
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Objectives of Acts:
To secure the safety, health and welfare of persons at
work
To protect person (other than person at work) at a place
of work against hazard
To promote the occupational environment adaptable to
the persons physiological and psychological needs
To provide the means towards a legislative system
based on regulations and industry codes of practice in
combination with the provisions of the Act.
8
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
General duties of employers and self-employed persons:
provide and maintain plant and system of work
make arrangements for the safe use, operation,
handling, storage and transportation of substances and
plant
provide information, instruction, training and
supervision
provide and maintain place of work and means of
access to and egress from any place of work
provide and maintain working environment that is safe
and without health risk and adequate welfare facilities.
9
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
General duties of designers, manufacturers and suppliers
(plant and substance):
to ensure plant/substance is designed and constructed
to be safe and without risk to health when properly
used
arrange for carrying out testing and examination
adequate information
arrange for research to eliminate or minimize hazards
safe erection and installation.
10
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
11
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Qualifications (to be registered as a Safety and Health
Officer):
Holds a diploma in OSH or equivalent;
Successfully completed a course of training in OSH and
passed any examination for that course or equivalent;
Has been working in the area of OSH at least for a
period of ten years; or
Holds such other qualification or has received such
training as prescribed from time to time by the Minister
pursuant to subsection 29(4) of the Act
12
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
A safety and health committee shall consist of :
(a) a chairman (employer or his authorized manager)
(b) a secretary
(c) representatives of employer (management)
(d) representative of employees (workers)
CHAIRMAN
SECRETARY
MANAGEMENT WORKERS
REPRESENTATIVES REPRESENTATIVES
MANAGEMENT WORKERS
REPRESENTATIVES REPRESENTATIVES
13
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Chairman :
Employer or his authorised
manager
Secretary :
Safety & Health Officer
Management Representatives:
Manager/Director/Supervisors
Workers Representatives:
From section or process
Appointment
Chairman
Employer or Authorized Manager shall be
chairman.
Secretary
Person employed as Safety & Health Officer
If no SHO, chairman may appoint another
person
or SHC may appoint by ballots from
members.
14
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Appointment
Management Representatives :
Appointed by Employer
Min 2 persons ( < 100 employees )
Min 4 persons ( > 100 employees )
Workers Representatives :
Selected by workers
Appointed by employer
Min 2 persons ( < 100 employees )
Min 4 persons ( > 100 employees )
Appointment
Employees Representatives
Nominated from employees
If number exceeded the vacancies. ballot
If no representatives, employer shall appoint
Shall represent various section of work place
Any vacancy shall be replaced in the same manner
as the previous member.
Do not penalise workers who absent due to their
duties as SHC members
SA F E T Y & H E A LT H C O M M I T T E E
15
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Removal of Committee member
Fail to attend 3 consecutive meetings
Unsound mind
Bankrupt
No longer employed (employee rep)
Convicted on a charge of:
Fraud, dishonesty or moral turpitude
offence under law relating to OSH
Other criminal offence
Incapable to carry duty as member
16
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
The Health and Safety Committee should be established
for the following purposes (cont):
To provide an opportunity for the free discussion of
health and safety problems and possible solutions.
To inform and educate employees and supervisors
about health and safety issues, new standards, research
findings, etc.
To help reduce the risk of workplace injuries and
illnesses.
To help insure compliance with federal and state health
and safety standards
17
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
18
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Reporting of accidents, dangerous occurrences,
occupational poisoning and diseases:
Employer to report to the nearest OSH officers of
accidents, dangerous occurrence, occupational
poisoning and diseases
Medical officers to report on scheduled diseases in
FMA.
19
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Enforcement and investigation (Cont.):
All persons must assist the officer with entry,
inspection, examination and enquiry.
Contravention can lead to prosecution and / or issue of
either an : IMPROVEMENT NOTICES or PROHIBITION
NOTICES
Offence Penalty
Duty of employers and self employed Maximum RM50,000 or 2 years imprisonment
Duty of occupier to non employees Maximum RM50,000 and/or 2 years imprisonment
Duty of designer / manufacturers Maximum RM20,000 and/or 2 years imprisonment
Failure to comply to notice Maximum RM50,000; daily fine of RM500; or 5
years imprisonment
Duty of employee (general) Maximum RM1,000 and/or 3 months imprisonment
Duty of employee (interference/misuse) Maximum RM20,000 and/or 2 years imprisonment
Discrimination towards workers and Maximum RM10,000 or 1 year imprisonment
others
20
1.2 Occupational Safety and Health Act (OSHA)
1994 Act 514
Table 1.1: OSHA liabilities (Cont.)
Offence Penalty
Related to inspection Maximum RM10,000 or 1 year imprisonment
Medical surveillance regulation Maximum RM5,000 and/or 6 months
imprisonment
Duty of occupier to employ SHO Maximum RM5,000 or 6 months
imprisonment
Duty of employer to create/consult Maximum RM5,000 and/or 6 months
SHC imprisonment
Disclosure of business secret Maximum RM20,000 and/or 2 years
imprisonment
Failure to comply with any other part Maximum RM10,000; RM1,000 day after
of the Act or any of the regulation conviction; and/or 1 year imprisonment
21
1.3 Factories and Machinery Act (FMA) 1967
Act 139 [4]
An Act to protect the safety, health and welfare of the
people inside factories as well as registration and
inspection of machinery and related items.
First enacted in 1967 (Act No. 64 of 1967) and revised in
1974 (Act 139).
Divided into 6 parts, 59 sections and 3 schedules [4].
22
1.3 Factories and Machinery Act (FMA) 1967
Act 139
23
1.3 Factories and Machinery Act (FMA) 1967
Act 139
24
1.3 Factories and Machinery Act (FMA) 1967
Act 139
Regulations Under Factories and Machinery Act 1967 (Act 139) [5]:
1. Factories and Machinery (Special Scheme of Inspection) (Risk-
Based Inspection) Regulations 2014
2. Factories and Machinery (Mineral Dust) Regulations, 1989
3. Factories and Machinery (Noise Exposure) Regulations, 1989
4. Factories and Machinery (Building Operations and Works of
Engineering Construction) (Safety) Regulations, 1986
5. Factories and Machinery (Asbestos) Regulations, 1986
6. Factories and Machinery (Leads) Regulations, 1984
7. Factories and Machinery (Compoundable Offences) Regulations,
1978
8. Factories and Machinery (Compounding of Offences) Rules, 1978
25
1.4 Occupational Health, Safety and Environment
Management System
There are three sub-topics under this section:
1.4.1 Overview of Management System
1.4.2 Occupational Health and Safety Management
System (OHSMS)
1.4.3 Environmental Management System (EMS)
26
1.4.1 Overview of Management system
A system can also be defined as a complex whole the
functioning of which depends on its parts and the
interactions between those parts *10+.
27
1.4.1 Overview of Management system
Several management systems that are parts of the
business system (see Figure 1.2). This section only
discussed about the OHSMS and EMS.
28
1.4.1 Overview of Management system
The certification of the management system standards
such as ISO9000, QS9000 and ISO/TS16949 for Quality
Management System (QMS), ISO14000 for
Environmental Management System (EMS) and
OHSAS18000 for Occupational Health and Safety
Management System (OHSMS) are also conducted
separately.
However, the business trend nowadays requires the
related management systems to be integrated in order
to reduce paperwork, minimize costs, eliminate
redundancies and eventually improve system efficiency
and effectiveness [6,7].
29
1.4.2 Occupational Health and Safety Management
System (OHSMS)
To be effective, they need to be conducted within a
structured management system that is integrated
within the organization [14].
An Occupational Health and Safety Management
System (OHSMS) is a system to manage the
occupational health and safety risk faced by the
workers, employees, or collaborators through good
working conditions [15].
30
1.4.2 Occupational Health and Safety Management
System (OHSMS)
The OHSAS Standard specifies requirements for an
OH&S management system to enable an organization to
develop and implement a policy and objectives which
take into account legal requirements and information
about OH&S risks.
It is intended to apply to all types and sizes of
organizations and to accommodate diverse
geographical, cultural and social conditions. The basis of
the approach is shown in Figure 1.3.
31
1.4.2 Occupational Health and Safety Management
System (OHSMS)
The success of the system depends on commitment
from all levels and functions of the organization, and
especially from top management.
A system of this kind enables an organization to develop
an OH&S policy, establish objectives and processes to
achieve the policy commitments, take action as needed
to improve its performance and demonstrate the
conformity of the system to the requirements of this
OHSAS Standard [14].
32
1.4.2 Occupational Health and Safety Management
System (OHSMS)
The second edition of this OHSAS Standard is focused
on clarification of the first edition, and has taken due
consideration of the provisions of ISO 9001, ISO14001,
ILO-OSH, and other OH&S management system
standards or publications to enhance the compatibility
of these standards for the benefit of the user
community.
As shown in Figure 1.3, OHSAS 18001:2007 Standard
consists of five major clauses which are: (1)
Occupational Health and Safety policy, (2) planning, (3)
implementation and operation, (4) checking and
corrective action, and (5) management review [14].
33
1.4.2 Occupational Health and Safety Management
System (OHSMS)
This OHSAS Standard is based on the methodology known
as Plan-Do-Check-Act (PDCA). PDCA can be briefly
described as follows [14]:
Plan: establish the objectives and processes necessary to
deliver results in accordance with the organizations
OH&S policy.
Do: implement the processes.
Check: monitor and measure processes against OH&S
policy, objectives, legal and other requirements, and
report the results.
Act: take actions to continually improve OH&S
performance.
34
1.4.2 Occupational Health and Safety Management
System (OHSMS)
In Malaysia, there is a guideline on OHSMS. This
guideline has been developed to guide and assist
organizations on the implementation of the MS1722:
Occupational Safety and Health Management Systems -
Requirements standard.
It is developed in replacement of the MS 1722:
Part 2:2003 - Occupational Safety and Health
Management Systems - Guidelines standard which has
been withdrawn by Standards Malaysia.
35
1.4.2 Occupational Health and Safety Management
System (OHSMS)
36
1.4.2 Occupational Health and Safety Management
System (OHSMS)
Planning & Implementing: Addresses those activities
associated with the fulfillment of the principles
expressed in the OSH policy statement. These
activities include the initial assessment of the OSH
arrangement that then support the actual system
planning, development and implementation functions.
Evaluation: Addresses those functions associated with
measuring the management systems performance. This
involves the development of performance
monitoring and measurement protocols, investigation
practices for accidents, auditing methods and
management review arrangement.
37
1.4.2 Occupational Health and Safety Management
System (OHSMS)
38
1.4.3 Environmental Management System (EMS)
39
1.4.3 Environmental Management System (EMS)
Discussion
40
Group Activity
References
41
References
References
12. Willborn, W.O. and Cheng, T.C.E. (1994). Global Management of Quality Assurance
Systems. New York: McGraw-Hill.
13. Karapetrovic, S. and Willborn, W. (1998). Integration of quality and environmental
management systems. TQM Magazines, 10 (3), pp. 204-213.
14. OHSAS Project Group (2007). OHSAS 18001:2007 Occupational health and safety
management systems Requirements. London: OHSAS Secretariat.
15. Matias, J.C.D.O. and Coelho, D.A. (2002). The integration of the standards systems of
quality management, environmental management and occupational health and safety
management. International Journal of Production Research, 40 (15), pp. 3857-3866.
16. Department of Occupational Safety and Health (DOSH) (2011). Guidelines on
occupational safety and health management systems. Cheras: DOSH.
17. Jorgensen, T.H., Remmen, A., Mellado, M.D. (2005). Integrated management systems
three different levels of integration. Journal of Cleaner Production, pp. 1-10.
18. International Organization for Standardization (ISO) (2004). ISO 14001:2004
Environmental Management Systems Requirements with guidance for use.
Switzerland: ISO
42