Chapter 2

OCCUPATIONAL
SAFETY AND
HEALTH
LEGISLATION

1
2.1 Understand
the OSH
legislation

2
HEALTH MANAGEMENT

O.S.H.A
ACT

SAFETY EMPLOYEES
 OSHA
To prevent stepping into the
trap!
 Definition OSHA

Occupational safety the protection of people

from physical injury

Occupational health the protection of the

bodies and minds of people from illness
 contd.
To assure every working person in the
nation safe and healthy working conditions
Act establishes the Occupational Health & Safety
Administration (OSHA)
General Duty Clause- safety- net, is that it is overriding
obligation of employers to provide a safe and healthy
workplace
OSHA Standards take two (2) forms, specific standards &
performance standards
 Specific & Performance
Standards
Specific standards:
Explain to employer how to specifically
comply with regulation

Performance standard:
Lists ultimate goal of compliance, but does
not explain how to accomplish the goal, up to
employer to determine how they wish to
comply with goal
 OSH Act
Promulgated in 1994.
Emphasis on the Occupational Health
and Safety of employees.
 OSH Act
This legislation was made considering the fact that the Factory and
Machinery Act 1967 only covers occupational safety and health in the
manufacturing, mining, quarrying and construction industries, whereas
the other industries are not covered.

The purpose of Occupational Safety and Health Act 1994 is to promote

and encourage occupational safety and health awareness among
workers and to create organization along with effective safety and
health measures.
 Articles
Substances
Equipment
Plant
Workplaces
To provide for the health and safety of
persons at work

The health and safety of persons in

connection with the use of machinery

The protection of persons, other than

persons at work
 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

 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 1

Guidelines Code of practice

15
2.2 Understand
the OSHA 1994

16
OSHA 1994 objectives
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
 OSHA 1994
Control Of Industrial Major
Accident Hazard Regulations
1996
Guidelines
Classification, Packaging
& Labeling Regulations
1997
Use & Standards Of
Exposure Of Chemicals
Hazardous To Health
Regulations 2000
Control of hazardous chemicals
Labeling of hazardous
chemicals Monitoring of
airborne contaminants
CHRA
Classification of hazardous
chemicals Medical
surveillance
MSDS formulation
Preparation chemical register
PPE against
chemical hazards
HIRARC
 Application of OSHA 94
Manufacturing
Mining and Quarrying
Construction
Finance, Insurance
Agriculture, Forestry & Real Estate
Fishing Public Services &
Transport, Storage & Statutory Authorities
Communication
Wholesale & Retail Trade
Hotels & Restaurants
Utilities
Electricity Except:
Gas
Water onboard ships &
Sanitary Services armed forces
 Who is responsible for
health and safety?
Employers:
Head contractors
Contractors
Sub contractors
Labour hire companies
Group schemes
Self employed people

20
 Who is responsible for
OHS on site?

Head contractors
Sub contractors

21
 Who else is responsible for
OHS?
Others:
Self employed
People in control of work premises, plant or
substances(e.g. building owners)
Suppliers
Designers
Manufacturers
Installers

22
Who is responsible for OHS in
construction?

23
 OSHA 1994 :
Employers Responsibilities
Section 15-19
Safe systems and working environment
Information
Instruction
Training
Supervision
Safe Plant and Substances
Safe Access and Exit
Safe premises & Housekeeping
Facilities & Amenities

24
 OSHA 1994 :
Employees Responsibilities
Section 24-27
Take reasonable care of self and others
Cooperate with employer to comply with OHS
requirements:
- Follow instructions
- Follow work procedures
- Follow safety rules
- Participate in safety training
- Wear personal protective equipment

Not to interfere or misuse any plant or process

provided for OH&S

25
Responsibilities to Non-Employees
Persons other than employees

Other contractor workers

Visitors to site

General public

School students on work experience or

placement

26
Managers & Supervisors
Responsibilities

Directly responsible for areas they

control

Influence management to improve

an area outside their control to:
- eliminate where possible
- control risk

27
Other Persons in Control
Controllers of premises used as
workplaces or sites and plant or
substances used by people at
work

Designers of plant and equipment

or substances used at work

Manufacturers and suppliers of

plant & equipment and
substances used at work
28
 WorkCovers Role:
Inspectors Responsibilities

Enter sites to ensure safety

Conduct inspections
Check plant & equipment
Check systems of work
Observe workplace procedures
Assist employer to solve OHS
problems

29
 contd.

Provides advice and information

Enforce OHS laws
Issue notices
Issue fines
Investigate incidents/accidents &
dangerous acts
Gather evidence and recommend
prosecution

30
 Maximum Penalties under
the OHS Act
Corporation Individual Employee
(not employee)
2nd Offence $825 000 $82 500+2 Yrs $4 950
Gaol
1 Offence
st

$550 000 $55 000 $3 300

Failure to
comply with $110 000 $55 000 $3 300
prohibition
notice
Failure to comply $55 000 or
with an $1 500 on $27 500 $1 650
improvement thespot
notice
Onthespot Fine On the spot fines vary from $200 to
31
$1 500.
 Factory & Machinery
Act 1967
In the year 1967, the Factory and Machinery Act
was approved by the Parliament of Malaysia.
In 1970, the Factory and Machinery Act and eight
regulations under the act were enforced.
This act was legislated to overcome the
weaknesses in the Machinery Ordinance 1953:
They were not protected if they are working in
a workplace that doesnt use machinery.

32
FMA 1997 vs OSHA 1994

33
 DIFFERENT ROLE OF SAFETY AND
HEALTH ORGANISATIONS IN MALAYSIA

34
 Department of Occupational
Safety and Health (DOSH)
Functions of DOSH

1. To study and review the policies and legislations of occupational safety and health.
2. To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its regulations
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its regulations.

3. To conduct research and technical analysis on issues related to occupational safety

and health at the workplace
4. To carry out promotional and publicity programs to employers, workers and the
general public to foster and increase the awareness of occupational safety and health
5. To provide advisory service and information to government and private agencies
pertaining to management and technical aspects of occupational safety and health
6. To become a secretariat for the National Council regarding occupational safety and
health

35
National Institute of Occupational
Safety and Health (NIOSH)

36
contd.

37
Questions

???