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OCCUPATIONAL SAFETY AND HEALTH ACT

1994
TOWARDS OCCUPATIONAL SAFETY AND
HEALTH CULTURE
Department of
Occupational Safety and
Health,
(Ministry of Human
Resources)


HUMAN RESOURCES MINISTRY

Labour Manpower Trade


Union
Industrial
SOCSo Relations

ITI
Core Activities of DOSH
 Setting of Standards
 Acts and Regulations
 Codes of Practice
 Guidelines

 Promotion
 Seminars, dialogues
 Consultancy

 Enforcement
 Persuasion
 Court Action
Historical Background of
OSH Legislation
 1896
 Era of Boiler Safety
 1914
 Era of Machinery Safety
 1952
 Era of Industrial Safety
 1967
 Era of Industrial Safety and Hygiene
 1994
 Era of Occupational Safety and Health
 now ...
PRE-OSHA ERA

UNDER FMA
 High accident rate ...
 Low level of interest in OSH ...
 Lack of OSH management system
 Low level of OSH training and
education
 Segregation of OSH functions ...
 Too dependent on government to
ensure OSH in workplaces ...
Objectives of OSHA ‘94

 To secure safety & health of


persons at work
 To protect other persons at the
place of work
 To promote appropriate and
suitable environment for
persons at work
 To promote use of industry
codes of practice
Application of OSHA ‘94

 Manufacturing  Utilities
 Mining and  Electricity
Quarrying  Gas
 Construction  Water
 Agriculture,  Sanitary
Forestry & Fishing Services
 Transport, Storage  Finance,
& Communication Insurance Real
 Wholesale & Retail Estate
Trade  Public Services
 Hotels & & Statutory
Restaurants Authorities
Philosophy of OSHA

The responsibility of
doing something about
safety & health lie with
• those who create the
risks and
• those who work with
the risks ….
Lord Alfred Robens
OSHA PROVIDES the
FRAMEWORK
TO PROMOTE, STIMULATE AND
ENCOURAGE HIGH STANDARDS OF SAFETY AND
HEALTH AT WORK

Safety and Health Policy

Safety and Health


Committee
Compliance with the Act,
Regulations, Codes of
Practice, Guidelines ...
JABATAN KESELAMATAN DAN KESIHATAN PEKERJAAN
KEMENTERIAN SUMBER MANUSIA

DASAR KESELAMATAN DAN KESIHATAN PEKERJAAN


JKKP akan menjalankan semua aktiviti dengan memberi keutamaan kepada keselamatan dan
kesihatan anggota-anggotanya dan orang-orang lain yang mungkin terjejas oleh aktiviti
tersebut. Pengurusan keselamatan dan kesihatan menjadi satu fungsi yang penting di semua
peringkat pengurusan di ibu pejabat dan cawangan negeri.
Ke arah mencapai matlamat dan objektif dasar ini, JKKP akan mematuhi semua peruntukan
Akta Keselamatan dan Kesihatan Pekerjaan 1994 dan peraturan-peraturan serta tataamalan-
tataamalan yang dibuat di bawahnya dengan menyediakan organisasi, sumber, sistem kerja dan
latihan yang berkaitan.
Kerjasama yang erat akan dijalin di antara pihak pengurusan dan pekerja untuk menggubal,
melaksana, memantau, menilai semula dan membaiki program-program yang sedia ada atau yang
baru. Skop program-program yang dilaksana dirancang bagi meliputi semua keadaan termasuk
waktu di luar masa bekerja.
Program-program dan sistem pengurusan keselamatan dan kesihatan akan dikaji dari semasa ke
semasa bagi mempastikan pembaikan berterusan. Dengan ini JKKP adalah komited untuk
mengamalkan budaya kerja yang selamat dan sihat.

Dato’ Ir Dr Johari bin Basri


Ketua Pengarah
Jabatan Keselamatan dan Kesihatan Pekerjaan
Malaysia.
17 Julai 2006.
OSHA § 16 : ( > 5 WORKERS)
SAFETY AND HEALTH POLICY

 Statement of Intent
 Safety Organization
 Arrangement - ...

 All
packed into :
“The Safety and
Health Manual”

THE VICIOUS CIRCLE

UNSAFE
ACCIDENT
WORKPLACE

GET DOCTOR
WELL

What can be done to reduce or


eliminate this problem ?

ARRANGEMENTS

 Hazard/incident reporting
 Accident investigation
 Workplace audits
 Risk assessment & control
 First Aid, first aiders
 Emergency preparedness & evacuation
 OSH induction training ++
 Procedures for contractors
 OSH promotion
 Record keeping
 Maintenance of plant & equipment
 Safe system of work, use of ppe, etc.
OSHA : § 15
GENERAL DUTIES OF EMPLOYERS
 Maintain plant and system of work
that are safe and without risk to
health;
 Ensure safe operation, handling,
storage and transportation;
 Provide information, instruction and
training to workers;
 Safe place of work, access &
egress;
 Safe work environment, & facilities.

NO SYSTEM OF WORK : MEDICAL
BLUNDERS in HONG KONG Hospitals

 Dialysis: contaminated fluid used -


3 dead, 3 seriously ill; expensive
private hospital ….
 Asthma patients given N2 ...
 Appendectomy : girl’s fallopian tube
removed ….
 Patient given wrong blood
type; dead ….
 144 toddlers given
mouthwash instead of
cough syrup ….
HISTORY REPEATS ITSELF

Many times, it is just


the same accident
happening over and
over again, but -

to different people,
at different places,
at different times …
UNSAFE SYSTEM OF WORK

 A worker switched on a screw conveyor


while another was doing maintenance :
Palm Oil Mill : one leg had to be
amputated
Wood based factory : one worker killed

 1985 : Acid was introduced into a


sodium hypochlorite tank at an
electronic factory in Petaling Jaya
 Chlorine gas released affected 800
workers
 1999 : Occurred in an electronic factory
in Ipoh; 1,000 people affected
HEALTH EFFECTS OF CHLORINE

Vapour - ppm Time Effect

3-6 - Causes burning feeling which can be


tolerated, up to 1 hour

10 1 minute Coughing

10 - 20 30 minutes Dangerous, immediate irritation to


eye, nose and throat

100 - 150 5 - 10 minutes More vulnerable persons might die

300 - 400 30 minutes Predicted average lethal concentration


for active, healthy people

1,000 A few breaths Likely to be fatal

Note : (1 ppm = 3 mg/m3)


Duties of Designers, Manufacturers,
Importers & Suppliers of Plant

 Ensure that the plant is designed


and constructed to be safe when
properly used
 Do research and minimise risks
 Conduct tests to ensure safety
 Provide information for safe use
 Persons who erect or install
plant must ensure it can be used
safely
Duties of Designers, Manufacturers,
Importers & Suppliers of Plant : cont …

 Can rely on testing, examination or


research by others
 Duties only extend to trade, business
or other undertaking within ones
control
 No duty if reasonable written
undertaking by others to ensure plant
is designed & constructed to be safe
when properly used
 Properly used means following the
information provided with the plant or
substance
OSHA § 24 : GENERAL
DUTIES OF EMPLOYEES

 To take care of himself and


others;
 To cooperate with employer
in meeting statutory
requirements;
 To use P.P.E.
 To comply with instructions
on OSH instituted by this Act
and by his employer : in-
house rules.
OSHA § 26 & 27 :
PROTECTION FOR EMPLOYEES

 No charge to be levied for


anything done or provided
as required by Act

 Protection from
discrimination if employee
reports safety and health
issues or functions as a
member of the safety and
health committee
SAFETY & HEALTH ORG

 Top management commitment


 Steering Committee
 Safety Department
 Safety and Health Committee
 Safety & Health Officer
 Safety Supervisor
 Internal and external Audits
 Maintenance team ...
SAFETY & HEALTH ORG

 Fire Fighting Team


 Search and Rescue Team
 Medical & First Aid Team
 First Response Team
 Emergency Response Team
 Training Division
 External Support : Neighbours,
Police, Hospital, Fire & Rescue
Services ...
INDUSTRIAL SAFETY CODES OF
PRACTICE
 Train all employees to reach and
maintain proficiency in safe
work practices and maintain the
skills and knowledge necessary
to perform their jobs
 Develop and put in place
sufficient layers of protection to
prevent escalation from a single
failure to a catastrophic event
OSHA : § 15
SAFE SYSTEM OF WORK

 Good engineering
practice ....
 Must be tested and
proven ….
 Must be made in
writing ….
 Must be made known
to persons involved ….
 Must be revised from
time to time ….
OSH AUDITS

 Have an ongoing process safety


programme that includes performance
measurements, audits and
implementation of corrective action

 Conduct and document


maintenance and
inspection programme
to ensure facility
integrity
HAZARDOUS WORK …

 Hot work : welding, cutting ….


 Trenching : cables & pipes, cave-in
 Working with
electricity
 Working at
height
 Working with
chemicals, gases
 Working in
confined spaces
CONTROL OF HAZARDS

 Hazard
elimination
 Substitution
 Use Barriers
 Segregation
Place
Time
 Warning
systems  Personal
 Administrative Protective
Control Equipment
TOPI KESELAMATAN KESELAMATAN
KESELAMATAN TELINGA KAKI

KESELAMATAN
MATA

KESELAMATAN KESELAMATAN KESELAMATAN


MATA TANGAN MATA
OSHA § 32 : REPORTING OF
Accidents, Dangerous Occurrence,
Occupational Poisoning and Diseases

 Employers must report


such incidences to the
nearest DOSH office.
 Medical practitioners
treating occupational
diseases must report it
to the Director General
EXAMPLES OF
INDUSTRIAL DISEASES

 Arc Eye
 Dermatoses
 Allergy - sensitization
 Noise Induced Deafness
 Pneumoconioses
 Carpal Tunnel Syndrome
 Exposure to radiation,
extreme temperatures ...
Forms of Hazardous Chemicals
:
 Dusts, Fumes and
Gases
 Solvents

 Metals

 Acids and Bases


 Pesticides

 Others ....
Dusts, Fumes and Gases

 Crystalline Silica dust 2 Silicosis


 Asbestos fibre 2 Asbestosis

 Zinc fumes 2 “Metal fume fever” ...

 Gases 2 may not have a warning odour

Sulphur oxides, nitrogen oxides -


irritates respiratory system
Phosgene - formed when solvents
containing chlorine contacts hot
surfaces or flames - deadly poisonous
HCN - can pass through the skin
Solvents
 Used to dissolve substances : fat, grease
etc.
 Evaporates rapidly at ambient
temperature
 Flammable - easily ignited
 Enters body by inhalation and skin
contact
 Transported to various organs - brain,
liver, kidney, bone marrow, nervous
system
 Narcotic effect - dizziness, headache,
reduced comprehension, tiredness
 May irritate eyes and respiratory tract.
Metals

 Enters body in the form of dust and


fumes (welding and grinding), or
through skin ....
 Lead - battery, glass and cable
manufacturing, foundries, printing
works. Anti-corrosive paint containing
lead may be released during welding
 Mercury - in many pesticides, and baths.
Vaporates at room temperatures. May
accumulate in fish; affects nervous
system.
 Arsenic - pesticides, insecticides,
colouring materials; irritation & damage
to nervous system.
Acids and Bases

 As liquids and mists


 Both are corrosive to human tissue ....

 Water added to H2SO4 - heat generated,


and may splash
 Some acid are explosive when in contact
with organic material e.g. sawdust -
 Phosphoric acid in contact with hot
surface can give off poisonous gases
 Bases penetrate the skin and cause deep
sores.
Pesticides

 To destroy / control pests of all kinds -


e.g. insects, weeds, fungi, rats; wood
impregnation, paint
 Some countries restrict its use, others
ban.
 WHO Classification based on LD50 :

Extremely Hazardous - Parathion


Highly Hazardous - Aldrin, Warfarin
Moderately Hazardous - Cyanofenphos
Slightly Hazardous - Allethrin,
Malathion
How can chemicals enter our
body ?
 Inhalation  : BREATHING IN
 Absorption  : THROUGH SKIN OR EYES
 Ingestion  : EATING, SWALLOWING
 Transfer  : ACROSS PLACENTA OF
PREGNANT WOMAN TO HER
UNBORN BABY ...

 Intravenous : INJECTION INTO THE


VEIN ..
Effect of Chemicals on our
Body
 How harmful ? depends on
 Toxicity of chemical
 Concentration of chemical, and
 Length of exposure

 Danger : Many substances do not


give warning odour even at high
concentrations

 Acute effect : after short time


exposure

 Chronic effect : after repeated


exposures
§ 35 Prohibition Against Use
of Plant or Substance
 Solvent : (for cleaning & degreasing)
 n-Hexane, Carbon Disulphide
 Carbon Tetrachloride

 Benzene - C6H6

 Crocidolite : Blue asbestos


 White phosphorus : in the
manufacture of matches;

 4-Aminodiphenyl;Benzidine; 2-
Napthylamine; 4-Nitrodiphenyl :
only 0.1 % allowed for all purposes
ENFORCEMENT …

 27Enforcement Officers
in PAHANG
 4500registered
Factories
 Annualinspections,
CHRA, CPL, IH, BC, MHI

 Other Sectors : ???
OTHER SECTORS ...

 (Manufacturing...)  Utilities
 (Mining and  Electricity
Quarrying...)  Gas
 (Construction...)  Water
 Agriculture,  Sanitary
Forestry & Fishing Services
 Transport, Storage  Finance,
& Communication Insurance Real
 Wholesale & Retail Estate
Trade  Public Services
 Hotels & & Statutory
Restaurants Authorities
Powers of DOSH Inspector

 Enter & inspect any place of work


 Enter with equipment & authorised
persons
 Take photos, measurements and
samples
 Question any person if necessary
 Require medical examinations if risk
of prescribed disease
 All persons must assist the inspector
with entry, inspection, examination
and enquiry
Notice of Prohibition /
Improvement
 Notice given to person in
control
 Specific time to comply
 Reasons given,
contravention explained
 Must comply, appeal later
 Appeal : within 30 days, to
Committee, Minister
PENALTIES

 Duties of  RM 50,000.00
employer or 2 years
 Duty to others  Same as above
 Duty of
 RM 20,000.00
designers/mfr
or 2 years
 Failure to
comply with  RM 50,000.00
NOP/NOI or 5 years
 Duty of  RM 1,000.00 or
employee 3 months
National Council for OSH

 Fourgroups represented :
employers, employees,
government & OSH professionals
 Functions :
 Recommends Legislative changes
 Reports on improving enforcement
 Consultation
 Statistics
 Foster adoption of industry codes of
practice
 Develop rehabilitation plans
 Industry advisory committee
OSHA § 30 : (> 40 workers)
SAFETY & HEALTH COMMITTEE
 Conduct meetings at least
once in 3 months
 Plan safety & health activites
at least once a week -- :
Investigate any safety and
health matter brought to
attention of employer
Audit unsafe conditions and
acts, rectify the problems ….
Review measures taken to
ensure safety and health at
work  Safe Operating

Procedures.
Ensuring an Effective
Committee
 Basic knowledge and interest of members
 On-going training and education of
members
 Availability of relevant information to
members
 Regularity and frequency of meetings
 Fast decision making and follow-up
actions
 Wide publicity of committee activities
 Recognition of members
 Leadership of chairman
 Stick to Safety and Health issues only
Training for
Committee Members
 How to analyse audits &
inspection reports
 How to analyse accidents and
recognise its trend
 How to review safety policies,
procedures, etc
 How to communicate effectively
 The role of minutes & agendas
 The role of chairperson &
secretary

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