HEALTH, SAFETY AND

ENVIRONMENT
MANAGEMENT

LECTURED BY:
MOHD HADRI MOHAMED NOR
IR. MOHAMAD NORANI MANSOR
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

SUBTOPIC
1.1 Introduction to OSH
1.2 OSHA 1994 (Act 154)
1.3 FMA 1967 (Act 139)
1.4 EQA 1974 (Act 127)
1.5 Occupational Safety and Health Management System
1.6 Safety, Health and Environment Culture
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

1.1 INTRODUCTION TO OSH

What is OSH
Cross-disciplinary area concerned on protecting safety health and welfare
related to work.

Protection of
workers and others

OSH

Interaction of various disciplines

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Reference: Borderless Resources Sdn Bhd

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Some Basic Definition

Protection of bodies and minds of people from illness
Health resulting from materials, processes or procedures
used in workplace
Measures and practices undertaken to prevent and
Safety minimize the risk of loss of life, injury and damage to
property and environment

The provision of facilities to maintain the health and

Welfare
well-being of individuals at workplace

Source or a situation with a potential for harm in terms of

Hazard human injury or ill health, damage to property, damage to
the environment or a combination of these.
Combination of likelihood of an occurrence of hazardous
Risk events and the severity of injury or damage to property or
environment or combination of this.

Danger Relative exposure to hazard

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Hazard Classifications

Mainly hazard that can cause

physical harm

Mechanical Physical Electrical

Psychosocial
Biological
Any factor or situation (stressor)
that may cause distress or HAZARD Anything arising from living
psychological harm and social organisms that poses a threat to
problems human

Ergonomics Chemical
Workplace conditions that pose the Arises from contamination with
risk of injury to the musculoskeletal harmful or potentially harmful
system of the worker chemicals
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

SAFETY vs. HEALTH

Safety and health although closely related are not the same.

Safety Health
is concerned with injured – is concerned with disease –
causing situation causing condition

is concerned hazard to deal with adverse reaction to

humans that result from prolonged expose to
sudden severe condition. dangerous but less intense
hazards
 7
3
6 11

2
10

4 9 1
2

1
8
1
3

8
“hazards = defects on
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

Why Need to Manage OSH

Legal argument Economic argument Humanitarian argument

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Legal Argument

• General framework
• Covers almost industries
• As far as practicable
• Allow prosecution and compound

Penalty for non-compliance

• Max. fine < RM50 000; or
• Max imprisonment < 2 years; or
• Both
• Notice of Improvement & Notice of
Prohibition
• Max. fine RM500 for continuous offence
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Legal Argument
• Covers factory only
• Control factories’ safety, health and welfare
• Registration and inspection of factories and
machineries
• Command and control approach
• Allow prosecution and compound

Penalty for non-compliance

• Max. fine < RM250 000; or
• Max imprisonment < 5 years; or
• Both
• Notice of Improvement & Notice of Prohibition
• Max. fine RM2000 for continuous offence
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Economic Argument
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Humanitarian Argument

• Injury - Effect to workers and family

• Workers - lose their health, income, careers, dreams, future and happiness
• Family – deeply hurt, economically and emotionally
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OSH LEGISLATION

M
A
N
ACTS D
A
T
O
R
REGULATIONS Y

CODE OF PRACTICE
V
O
L
STANDARDS/ U
N
GUIDELINES T
A
R
Y
BEST PRACTICES
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1.2 OSHA 1994 (ACT 154)

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LEGAL STRUCTURE
ACT
• Covers scope and basic provisions
• Approved by Parliament
• Acts which cover Occupational Safety and Health are:
– OSHA 1994, FMA 1967, ABE 1990 and EQA 1974

REGULATIONS
• Contains detailed explanations for each provision under the
Act
• Approved by the Minister

INDUSTRY CODE / GUIDELINE

• Guidelines in fulfilling requirements of the relevant Act
• Drafting of Code of Practice can be initiated by Industry and
approved by DOSH
• Not a part of the laws of the nation
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SCOPE OF OSHA 1994

Wholesale & Retail
Mining & Quarrying
Trade

Transport, Storage
Construction
& Communication

Manufacturing Hotel & Restaurant

Agriculture, Forestry Finance, Insurance,

& Fishing Real Estate & Business

Utilities – Electricity, Public Service &

Water, Sanitary Statutory Authorities
EXCEPT
Armed Forces
&
Crew of Merchant Ship
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OCCUPATIONAL SAFETY AND HEALTH ACT 1994

An Act to make further

provisions for securing
the 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.
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OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Act 514
Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Occupational Safety and Health (Safety and Health Officer) Order 1997
Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

Guidelines Code of practice

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OBJECTIVES OF ACT

Ensure safety of workers

Protect others at place of work

Encourage conducive work environment

(physiological and psychological)

Improve standard of safety

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OSHA 1994 - PHILOSOPHY

Duty to ensure safety and health at place of work lies with:

• Those who create the risk

• Those who work with the risk

This Act stresses on:

• Self-regulation
To handle issues relating to occupational safety and health,
employers must develop a good and orderly management system.
Starting with formation of a safety and health policy and
consequently employers have to make the proper arrangements to be
carried out.

• Consultation
Where employers, employees and the government must negotiate to
settle issues and problems relating to occupational safety and health
at the workplace.
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CONT

• Co-operation and involvement of the workers

Where employers and employees must co-operate to take care,
nurture and to increase the quality of occupational safety and
health at the workplace. Without co-operation between
employers and employees, none of the occupational safety and
health programmes carried out would succeed.
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OSHA 1994 - CONCEPT

Accident prevention is an essential part of

good management and workmanship

Management and workers must cooperate

Top management must take the lead

A define and known safety and health policy

Organization and resources to achieve policy

Best available knowledge and methods

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SALIENT DEFINITION

Employee
A person who is employed for wages under a contract of
service on or:
- who is directly employed by the principal employer; or
- who is employed by or through an immediate employer; or
- whose services are temporarily lent or let on hire to the
principal employer.

Employer
Employer – an employer can be either principal employer or
immediate employer
Immediate employer – an employer who employ an
employee directly, by or through him
Principal employer – is the owner of an industry
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CONT

Occupier
The person who has the management or control of the
place of work.

Place of Work
Premises where persons work, or premises used for storage
of plant or substance.

Premise
Include:
- any land, building or part of any building;
- any vehicle, vessel or aircraft;
- any installation on land, offshore or others
- any tent or movable structure
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CONT

Plant
Including any machinery, equipment, appliance, implement
or tool, any component thereof or anything fitted,
connected or appurtenant thereto.

Practicable
- the severity of the hazard risk in question;
- the state of knowledge about the hazard or risk and
anyway of removing or mitigating the hazard risk;
- the availability and suitability of ways to remove or
mitigate the hazard or risk; and
- the cost of removing or mitigating the hazard or risk.
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MAIN PROVISION - ACT

Part I – Preliminary
Part II – Appointment of Officers
Part III – National Council for Occupational Safety and Health
Part IV – General Duties of Employers and Self-Employed Person
Part V – General Duties of Designers, Manufacturers and Suppliers
Part VI – General Duties of Employee
Part VII – Safety and Health Organization
Part VIII – Notification of Accidents, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease and Inquiry
Part IX – Prohibition Against Use of Plant or Substance
Part X – Industry Codes of Practice
Part XI – Enforcement and Investigation
Part XII – Liability for Offences
Part XIII – Appeals
Part XIV – Regulations
Part XV – Miscellaneous
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MAIN PROVISION - SCHEDULES

i. First Schedule [Subsection 1(2)] – Scope of Application

ii. Second Schedule [Section 10] – Safety and Health Committee

Membership

iii. Third Schedule – [Paragraph 28(1)(d)] – Occupation Involving

Special Risk to Health
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MAIN PROVISION - REGULATIONS

i. OSH (Employers' Safety and Health General Policy Statements)

(Exception) Regulations 1995
ii. OSH (Control of Industrial Major Accident Hazards) Regulations
1996- CIMAH
iii. OSH (Safety and Health Committee) Regulations 1996-SHC
iv. OSH (Classification, Packaging and Labeling of Hazardous
Chemicals) Regulations 1997- CPL
v. OSH (Safety and Health Officer) Regulations 1997-SHO
vi. OSH (Use and Standards of Exposure of Chemicals Hazardous to
Health) Regulations 2000- USECHH
vii. OSH (Notification of Accident, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease) Regulations
2004-NADOOPOD
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MAIN PROVISION - ORDER

i. OSH (Safety and Health Officer) Orders 1997

ii. OSH (Prohibition of Use of Substance) Order 1999

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-

EMPLOYED PERSONS

Section 15 - General duties of employers and self-

employed persons to their employees
To ensure as far as is practicable, the safety, health and welfare at
work of all his employees which include the following : -

• The provision and maintenance of plant and systems of work that

are, so far as is practicable, safe and without risks to health;
• 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;
• 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;
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CONT

• 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;
• 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.

Example
An example on what is to be considered as ‘so far as practicable’
would vary in different excavation work. Excavation work can be of
different depth. It can be deep or shallow. For 3 feet excavation,
benching is sufficient and no shoring required. This is because the
risk to injury is very low. If the excavation is very deep, benching is
not sufficient and shoring is needed to be carried out although cost
for shoring is very high. This is because the risk of injury is high
due to occurrences like collapse or landslide.
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CONT

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 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.

• Employers with less than 5 employees exempted this duty.

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CONT

Section 17 - General duties of employers and self-employed

persons to persons other than their employees
• To conduct his undertaking in safe manner, as far as practicable and
to inform about the risks associated with their undertaking to persons
other than their employees who may be affected.
• To give to persons, not being his employees, who may be affected by
the manner in which he conducts his undertakings, the prescribed
information on such aspects of the manner in which he conducts his
undertaking as might affect their safety/health.
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CONT

Section 18 - Duties of an occupier of a place of work to

persons other than his employees
• 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.
• A person who has an obligation of any extent in relation to :-
~ The maintenance or repair of a place of work.
~ The prevention of risks to safety and health that may arise from the
use of any plant or substance in the place of work.
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Section 19 - PENALTY

DUTY OF EMPLOYER :

RM50,000 OR TWO
FINE

YEARS JAIL OR BOTH

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART VI – GENERAL DUTIES OF EMPLOYEES

This section provides for general duties of

employees at work.

Section 24 - General duties of employees at work

• Duty of every employee while at work: -
~ To take reasonable care for safety and health of himself and of other
persons who may be affected at work;
~ To co-operate with his employer or any other other person in the
discharge of any duty or requirement imposed on the employer or that
other person by this Act or any other regulation made thereafter;
~ To wear or use all times PPE provided by the employer; and
~ To comply with any instruction or measure on occupational safety
and health.
• Penalty - fine not exceeding RM 1,000 or to imprisonment for a term
not more than three months or both.
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PENALTY

General duties of employees at work

RM1,000 OR THREE
FINE

MONTHS JAIL OR BOTH

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CONT

Section 25 - Duty not to interfere or misuse things

provided pursuant to certain provisions
• No one should intentionally, recklessly or negligently interferes
with or misuses anything provided or done in the interests of
safety, health and welfare an offence and shall, on conviction,
• If found guilty, be liable to a fine not exceeding RM20,000 or to
imprisonment for a term not more than two years or both.

Definition
• Intentional: Done on purpose.
• Recklessly: Regardless of consequences or danger
• Negligently: Lack of proper care or culpable carelessness
• Interfere: Meddle, intervene, obstruct or be an obstacle.
• Misuse: Apply to wrong purpose or improper use.
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PENALTY
Duty not to interfere or misuse things provided
pursuant to certain provisions

FINERM20,000 OR TWO
YEARS JAIL OR BOTH
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CONT

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 other regulation made thereafter.
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CONT

Section 27 – Discrimination against employee

• No employer shall dismiss an employee by reason only that the
employee :-
~ makes a complaint about a matter which he considers is not safe or
is a risk to health;
~ is a member or exercises any of his functions as a member of a
safety and health committee.
• No trade union shall take any action on any of its members who,
being an employee at a place of work :-
~ makes a complaint about a matter which he considers is not safe or
is a risk to health;
~ is a member of a safety or exercises any of his functions as a
member of the safety and health committee established pursuant to
this Act; or
• Penalty for person contravenes this section is fine not exceeding RM
10,000 or to imprisonment for a term not more than one year or both.
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PENALTY

Discrimination against employee

RM10,000 OR ONE
FINE

YEAR JAIL OR BOTH

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PART VII – SAFETY AND HEALTH ORGANIZATIONS

Section 28 – Medical surveillance

» Minister may order a medical surveillance if :-
~ cases of illness he has reason to believe may be due to the nature of
the process or other conditions of work;
~ cases of change in process or substance which may cause risk of
injury;
~ persons below age 16 years are about to be employed in work which
may cause risk of injury; or
~ risk of injury to health from Third Schedule of new substance as
result of process changes.
» Penalty for person contravenes this section is fine not exceeding RM
5,000 or to imprisonment for a term not more than six months or
both.
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CONT

Section 29 – Safety and Health Officer

» Safety and health officer shall be appointed to such class of
industries as the Minister may published in the Gazette.
» Shall employ a competent person to act as safety and health
officer.
» Safety and health officer employed for ensuring this Act and
any regulation thereafter is followed.
» The safety and health officer shall possess such qualifications
or have received such training as the Minister may from time to
time prescribe.
» Penalty for person contravenes this section is fine not
exceeding RM 5,000 or to imprisonment for a term not more
than six months or both.
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CONT

Section 30 – Establishment of safety and health

committee at place of work
» Every employer shall establish a safety and health committee at the
place of work in accordance with this section if :-
~ there are 40 or more persons employed at the place of work; or
~ the Director General directs the establishment of such a committee
at the place of work.
» Every employer shall consult the safety and health committee to the
making and maintenance of arrangements which will enable him and
his employees to co-operate in promoting and developing measures to
ensure the safety and health at the place of work and in checking the
effectiveness of such measures.
» Penalty for person contravenes this section is fine not exceeding RM
5,000 or to imprisonment for a term not more than six months or
both.
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CONT

Section 31 – Function of safety and health committee

» The safety and health committee established :-
~ shall keep under review the measures taken to ensure the safety
and health of persons at the place of work;
~ shall investigate any matter at the place of work :-
- which a member of the committee or a person employed
thereat considers is not safe or is a risk to health; and
- which has been brought to the attention of the employer;
~ shall attempt to resolve any matter referred to above and, if it is
unable to do so, shall request the Director General to undertake an
inspection of the place of work for that purpose; and
~ shall have such other functions as may be prescribed.
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART VIII – NOTIFICATION OF ACCIDENTS, DANGEROUS

OCCURRENCE, OCCUPATIONAL POISONING,
OCCUPATIONAL DISEASE, AND INQUIRY

Section 32 - 34
» 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

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART IX – PROHIBITION AGAINST USE OF PLANT OR

SUBSTANCE

Section 35 - 36
» Director General may by order published in the Gazette prohibit the
use of any plant or substance which in his opinion is likely to affect the
safety and health of persons and work. But before making the order, he
should consult any Government department or other body which
appears to him to be appropriate.
» Where the Director General proposes to exercise his power, he shall
consult any Government department or other body which appears to
him to be appropriate.
» A person who is aggrieved by this order may, within thirty days of the
order, lodge an appeal with the secretary to the Council who shall
transmit the appeal to an appeal committee appointed by the Minister.
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART X – INDUSTRY CODES OF PRACTICE

Section 37 - 38
» The Minister may, approve industry codes of practice comprising such
directions as may appear to him to be necessary or proper for the
guidance of persons in complying with the requirements of the
provisions of this Act.
» The Minister may, from time to time revise the industry codes of practice
by amending, deleting, varying or adding to the provision of the industry
codes of practice.
» An industry code of practice may :-
~ consist of any code, standard, rule, specification or provision relating
to occupational safety or health approved by the Minister; or
~ apply, incorporate or refer to any document formulated or published
by any body or authority as in force at the time the industry code of
practice is approved or as amended, formulated or published from time
to time.
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CONT
» The Minister shall cause to be published in the Gazette the approval
of an industry code of practice and the amendment or revocation
thereof.
Use of industry codes of practice in proceedings
» It is alleged that a person has contravened or failed to comply with a
provision of the Act in relation to which an approved industry code of
practice was in effect at the time of the alleged contravention or
failure :-
~ the approved industry code of practice shall be admissible in
evidence in the proceedings; and
~ if the court is satisfied in relation to any matter which it is
necessary for the prosecution to prove in order to establish the alleged
contravention or failure that :-
- a provision of the approved industry code of practice is
relevant to the matter; and
- the person failed at any material time to observe the
provision of the approved industry code of practice.
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART XI – ENFORCEMENT AND INVESTIGATION

Section 39 - 50
» Director General of OSH
» OSH officers
» Certificate of authorization
» Power of DOSH Officer :
- Enter and inspect any place of work
- Enter with equipment and authorized persons
- Take photos, measurements and samples
- Require medical examinations if risk of prescribed disease
- Question any person if necessary
» All persons must assist the officer with entry, inspection, examination
and enquiry
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CONT

» Contravention can lead to prosecution and / or issue of either an :

IMPROVEMENT NOTICES
or
PROHIBITION NOTICES
» Notices to person in control
» Time to comply given (improvement notices)
» Reason given, contravention explained
» Must comply with even if appeal
» Appeal, within 30 days to DG
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PART XII – LIABILITY FOR OFFENCES

OFFEENCE MAXIMUM RM PENALTIES
and/or Imprisonment
Duty of employers/self employed 50,000 2 years
Duty of occupier to non 50,000 2 years
employees
Duty of designer/manufacturers 20,000 2 years
Failure to comply with NOP/NOI 50,000 + daily 5 years
fine of RM500
Duty of employee (general) 1,000 3 months
Duty of employee 20,000 2 years
(interference/misuse)
Discrimination by 10,000 + 1 year
employer/union damages +
reinstatement
order
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CONT

OFFEENCE PENALTIES
MAXIMUM Imprisonment
RM
and/or
Medical surveillance regulation 5,000 6 months
Duty of occupier to employ SHO 5,000 6 months
Duty of employer to 5,000 6 months
create/consult SHC
Disclosure of business secret 20,000 2 years
Failure to comply with any other 10,000 + 1,000 1 year
part of the Act or any of the day after
regulation conviction
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LACK OF OSHA 1994

Does not covers

• Detail on machinery, equipments
• Petroleum
• Environmental
• Detail on electrical work
• Detail on construction work