OSH Legislation

OSH Legislation
a) Statutory Law
i. Comprises of Acts & Regulations
ii. Legislated by Government
iii. Violation of statutory law is a crime
iv. Penalties & Imprisonment
v. Prosecution by Government Officer, e.g. Deputy Attorney General in
criminal court
b) Common Law
i. Law of Torts
 Nuisance
 Negligence
 Defamation
 Trespassing
ii. Law of Contract

Occupational Safety & Health Act 1994

 To overcome the limitations of the FMA 1967 in aspects of:
 Scope of application
 Perspective provisions
 Approach

 Philosophy & Principles

Responsibility to ensure safety and health at the workplace is on those who
create the risk, and those who work with the risk
 Self Regulation
 Consultation
 Cooperation and worker participation
 Ensure the safety, health and welfare of the people at work
 Protect others from the safety and health risks arising from the activities of
people at work
 Establishment of the National Council for OSH
 Other related matters

OSHA 1994 Contents

15 Parts
1. Preliminary
2. Appointment of Officers
3. National Council for OSH
4. General Duties of Employers and Self-Employed Persons
5. General Duties of Designers, Manufacturers and Suppliers
6. General Duties of Employees
7. Safety and Health Organizations
8. Notification of Accidents, Dangerous Occurrence, Occupational Poisoning
and Occupational Diseases and Inquiry
9. Prohibition Against Use of Plant or Substance
10. Industry Codes of Practice
11. Enforcement and Investigation
12. Liability for Offences
13. Appeals
14. Regulations
15. Miscellaneous

Part 1
Persons at work
 In all sectors of the economy as in the First Schedule including public
services and authoritative bodies
 Exceptions: work on board ships, and the Armed Forces
 1st Schedule Sub Section 1(2)
► Manufacturing
► Mining and quarrying
► Construction
► Agriculture, forestry and fisheries
► Utilities
► Electricity, Gas, Water & Cleaning services
► Transportation, storage and communications
► Commercial – wholesale and retail
► Hotel and restaurant
► Financial, insurance, properties and business services
► Public services and authoritative bodies

Section 2 (2) - PREVAILING LAWS

The OSHA provisions will supersede any conflict or inconsistencies with
previous laws

Section 3 – Interpretation
Industry – public service, or local authorities, or any activities in the First
Schedule
Plant – any machinery, equipment, appliance, implement or tool, any
component thereof and anything fitted, connect to it
Employer - the immediate employer or the principle employer or both
Immediate employer – employer that employs the employee directly, by or
through him
Principle employer – the owner of an industry including manager, the occupier,
the legal representative, government, local authority or statutory body
Worker – a person who is employed for wages under a contract of service
Occupier – a person who has the management or control of the place of work
Place of work – premises where persons work or premises used for the
storage of plant or substance
Premise – includes any:
 land, building or part of any building
 vehicle, vessel or aircraft
 installation whether on land, shores, or floating on any water or underwater
 tent or mobile structure
Risk arising - the risk that may come due to activities of persons at work
including:
 the work processes
 the plant or substances used
 the condition of premises used
Work – Work as an employee or as a self-employed person
 An employee is deemed to be at work throughout the time when he is at his
place of work
 A self-employed is at work throughout such time as he devoted to work as a
self-employed person
Practicable should take into account:
 the severity of the risk or hazard or risk
 the state of knowledge about the hazard or risk and any way of removing or
mitigate the hazards or risk
 the availability and suitability of methods to remove or mitigate the hazard or
risk
 the cost of removing or mitigating the hazard or risk

OBJECTIVES