Todays Lesson

Occupational Safety and Health Act 1994 (OSHA)

Lesson learning outcome

At the end of this lesson students should be

able to:

Understand the philosophy of OSHA 1994. State the objectives of OSHA 1994. Identify the duties of the Employer or SelfEmployed persons as required by OSHA 1994. Identify the duties of the Employees as required by OSHA 1994.

The Occupational Safety and Health Act 1994

The Occupational Safety and Health Act 1994 (Act 514) is a piece of Malaysian legislation which has been gazetted on the 25 February 1994 by the Malaysian Parliament.

OSHA 1994 (ACT 514) - Contents

PART I PRELIMINARY PART II APPOINTMENT OF OFFICERS PART III NATIONAL COUNCIL FOR OCCUPATIONAL

SAFETY AND HEALTH PART IV GENERAL DUTIES OF EMPLOYERS AND SELFEMPLOYED PERSONS PART V GENERAL DUTIES OF DESIGNERS, MANUFACTURER AND SUPLIERS PART VI GENERAL DUTIES OF EMPLOYERS PART VII SAFETY AND HEALTH ORGANISATIONS PART VIII NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES AND INQUIRY

OSHA 1994 (ACT 514) - Contents (Continued)

PART IX PROHIBITION AGAINST USE OF PLANT OR

SUBSTANCE PART X INDUSTRY CODES OF PRACTICE PART XI EFORCEMENT AND INVESTIGATION PART XII LIABILITY FOR OFFENCES PART XIII APPEALS PART XVI REGULATIONS PART XV MICELLANEOUS

First Schedule (OSHA)

Manufacturing Mining and Quarrying Construction Agriculture, Forestry and Fishing Utilities:

Electricity; Gas; Water; and Sanitary Services

First Schedule (OSHA)-contd.

Transport, Storage and Communication Wholesale and Retail Trades Hotel and Restaurants Finance, Insurance, Real Estate and Business Services Public Services and Statutory Authorities

The Factory and Machinery Act 1967 The Factory and Machinery Act 1967 (Act 139) is a piece of Malaysian legislation which was enacted in 1967 as Act No. 64 of 1967 and revised on April 1, 1974 as Laws of Malaysia Act 139. The Act was gazette on February 1, 1970.

The Factory and Machinery Act 1967 The principle of the act is "An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of the machinery and for matters connected therewith".

The Factory and Machinery Act 1967 The jurisdiction of the Act only covers less than 20 percent of all working areas in Malaysia, the Malaysia government has enacted the Occupational Safety and Health Act 1994 which covers almost all areas of work within Malaysia.

The list of regulations under this Act are:

1. Occupational Safety and Health (Employers' Safety

and Health General Policy Statements)(Exception) Regulations 1995 2. Occupational Safety and Health (Control of Industry Major Accident Hazards) Regulations 1996 3. Occupational Safety and Health (Safety and Health Committee) Regulations 1996 4. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997

The list of regulations under this Act are:

5. Occupational Safety and Heath (Safety and Health

Officer) Regulations 1997 6. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999 7. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 8. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004

The Occupational Safety and Health Act 1994

The principle of the Act is "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 H and for matters connected therewith"

The Occupational Safety and Health Act 1994

The Act apply through out Malaysia to the industries specified in the First Schedule, nothing in this act shall apply to work on board ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak or the armed forces.

Interpretation.
Section 3 Contract of service any agreement whether in oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract. Council the National Council for Occupational Safety and Health established under Section 8. Industry the public services, statutory authorities or any of the economic activities listed in the First Schedule. Employer means the immediate employer or the principal employer or both. Occupier in relation to a place of work, means a person who has the management or control the place of work. Place of work means premises where persons work or premises used for the storage of plant or substance.

Interpretation - continued
Section 3 Premises includes any land, building or part of any building; any vehicle, vessel or aircraft; any installation on land, offshore installation or other installation whether on the bed of or floating on any water and any tent or moveable structure. Self-employed person an individual who works for gain or reward otherwise than under a contract of employment or not he himself employs others. Plant includes any machinery, equipment, appliance, implement or tool, any component thereof and anything fitted, connected or appurtenant . Substance any natural or artificial subtance whether in solid or liquid form or in the form of a gas and vapour or any combination. Trade union any association or combination of workmen or employers within the meaning of the Trade Unions Act 1959.

Objectives of the Act.

Section 4 Objects of the Act:To ensure the safety, health and welfare of persons at work. To protect person at a place of work other than persons at work. To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs. To provide the means towards a system of regulations and approved industry codes of practice.

Part 4: General Duties of Employers and Self-Employed Persons

Section 15 As far as practicable

(1) Ensure the safety, health and welfare of all workers while at work (2) This includes:

a) Making arrangements and maintenance of plants and work system b) Making arrangements for the use, handling, storage and transportation of the plant and substances (materials). c) Provision of information, instruction, training and supervision. d) Provide and maintain workplace / access routes to and from work areas. e) Provide and maintain work environment with adequate welfare facilities.

Worker Interpretation
Section 15 Additional Provision.

Includes: Independent contractor engaged by an employer or a self employed person and any employees of the independent contractor.

Part 4: General Duties of Employers and Self-Employed Persons

Other duties Section 16 - Formulate a written Safety and Health Policy Section 17(1) - Conduct operations without endangering the safety of others non-workers and public. Section 17(2) - Provide information to others on business operations. Section 18 - An occupier of non-domestic premises shall take measures to ensure that the place of work is/are safe and without risks to health to the persons other than his employees. Section 19 A person who contravenes the above section shall be guilty of an offence and shall on conviction be liable to fine not exceeding RM 50K or imprisonment for a term not exceeding 2 years or to both.

Part 4: General Duties of Employers and Self-Employed Persons

Importance of a Safety and Health Policy

Long term objective Continuous commitment at all levels of management. Delegation of task at lower management levels.

Part 4: General Duties of Employers and Self-Employed Persons

Safety and Health Policy

Statement of intent Organization Arrangements

Part 4: General Duties of Employers and Self-Employed Persons

Statement of intent Safety must be given priority in all daily work activities. Safety is to be integrated into all daily work activities. Safety of workers and others (visitors, guests, outsiders) are of utmost priority. The company will do anything in its power to avoid and prevent accidents.

Part 4: General Duties of Employees

Section 24

Ensure personal safety and that of others. Cooperate with employer and others. Properly wear and /or use personal protective equipments that are provided. Comply to any safety instructions.

Part 4: General Duties of Employees

Section 25

An Employee:

Who intentionally, recklessly or negligently interfere of misuse anything provided or done in the interest of safety, health and welfare in pursuance of the Act shall be guilty of an offence.

Part 4: General Duties of Employees

Section 26

The employer may not charge employees for things done or provided in pursuance of this Act.

Section 27

Employer /Trade Union may not discriminate dismiss, injure or change position of any employee who makes complaint that he is not safe or is risk to health and also exercises his functions as a member of the Safety and Health Committee.

Safety and Health Officer

Section 29 Specific industries gazzetted.

Employ a competent person to act as a safety and health officer. Specific responsibilities to ensure compliance to the Act and promotion of safe work. Qualification and training requirements.

Safety and Health Committee

Section 30 To be established if: There are 40 or more workers. Instructed by Director General

Membership, selection and appointment as prescribed. Consultation with employer

Safety and Health Committee Functions

Section 31 To review all safety and health measures that have been taken.

Investigate issues concerning occupational safety and health and bring to attention of employer. Other functions may be determined.

Part 8: Notification of accidents, dangerous occurrence, occupational poisoning & diseases & inquiry.
Section 32

Employers to inform the nearest Department of Safety and Health office (DOSH). Registered Medical Practitioners should report to the Director General.

Todays Lesson

An Introduction to CIDB, NIOSH & DOSH

The National Institute of Occupational Safety and Health (NIOSH) was launched in December 1, 1992 and marked a new era in the promotion of Occupational Safety and Health in Malaysia NIOSH was established as a Company Limited by Guarantee, under the Malaysian Companies Act, 1965. As a company, NIOSH is expected to operate efficiently and with minimal administrative bureaucracy. The NIOSH Board of Directors comprises of 15 Board members, ten of which are appointed by the Government while the remaining are elected by NIOSH members during the Annual General Meeting (AGM). This makes NIOSH different from similar institutions in other countries. NIOSH was set up with a RM1 million Launching Grant from the Government and a further RM50 million Endowment Fund (RM40 million from the Social Security Organization (SOCSO) of Malaysia and a further RM 10 million from the Malaysian Government), which will be invested, and the return of investment will be used to partly finance the operation of NIOSH.

Services provided by NIOSH

Training by NIOSH
To ensure the success of any OSH programme at the

workplace, adequate and effective training must be implemented for all those responsible for OSH. Training enables managers, supervisors and workers to understand the workings of safety management systems and the legal compliance required. They will then understand their own responsibilities and the necessary actions to be taken towards upgrading safety and health at their respective workplaces.

Training by NIOSH
Programmes for OSH Practitioners Higher Education & Training Development - Accident Investigation & Reporting Workshop, Hazard Identification, Risk Assessment & Risk Control (HIRARC), Occupational Safety & Health Act 1994 and Safety & Health Committee. Occupational Safety Division - Crisis Management, Emergency Response Plan & Preparedness, Occupational Safety & Health Management System, OSH for Supervisor OSH Motivation for Employees and Working at Height

Training by NIOSH
Programmes for OSH Practitioners - continued Occupational Health Division - Hearing Loss Prevention & Audiometric testing Programme, Lung Function Testing & Analysis and Managing Emerging Health Relates Programme at Work Occupational Hygiene Division - Safety in the Use of Chemicals, Monitoring of Noise Exposure and Use & Standard of Exposure of Chemicals Hazardous to Health Reg. 2000. Ergonomics Division Ergonomics in the Office, Ergonomics & Manual Handling and Back Protection Programme

OSH competency is essential towards ensuring proper OSH Management. Certification in various areas is thus a crucial contributing factor towards a safe and healthy job environment. Certifications include: Safety and Health Officer Occupational Health Doctor Occupational Health Nurse Occupational First Aider Industrial Hygiene Technician Chemical Health Risk Assessor Authorised Gas Tester Crane Operator Scaffolding Erecter Forklift Driver

Examination conducted by NIOSH

EDOSH & MOSH

Executive Diploma in Occupational Safety & Health - the course aims to provide an individual the necessary skills for managing occupational safety and health. Managing OSH will provide a safe working conditions as well as enhancing productivity, operational effectiveness and good morale. Master in Occupational Safety & Health - UUM-NIOSH's Master in Occupational Safety and Health Management (MOSH) is designed for mid-career professionals who seek to expand their management options. The strength of MOSH is it blends both technical issues in OSH with human resource management in managing OSH at the workplace.

The Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 [ACT 520]
The enactment of the ACT 520 [Lembaga Pembangunan

Industri Pembinaan Malaysia Act 1994] has paved the way for the empowerment of CIDB Malaysia to:

Create a climate for a more vigorous development in the Construction Industry Carry out its functions as the enabling authority to help Construction Industry Players overcome bureaucratic obstacles Play the role of facilitator by addressing the current and future needs of the Construction Industry

The Empowerment Of CIDB

Under Part II, Subsection [2] of the ACT 520, CIDB is

empowered to do all things expedient or reasonably necessary for or incidental to, the performance of its functions?. In particular, the roles and responsibilities of CIDB Malaysia include:

Carrying out all activities in respect of the Construction Industry Awarding certificates of proficiency Establishing, expanding, promoting the establishment or expansion of companies, corporations or other bodies to carry out activities deemed requisite, advantageous or convenient for or in connection with the performance of its functions

The Empowerment Of CIDB

Under Part II, Subsection [2] of the ACT 520, CIDB is

empowered to do all things expedient or reasonably necessary for or incidental to, the performance of its functions?. In particular, the roles and responsibilities of CIDB Malaysia include:

Providing financial assistance in the form of loans or otherwise, to persons engaged in the Construction Industry for the purpose of promoting the Industry and providing any guarantees on their behalf Imposing fees or any other charges as deemed fit for giving effect to any of its functions or powers Receiving commission or payments in consideration of any services that may be rendered

The Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 [ACT 520]
In short, the ACT 520 serves to encompass and

embody the roles and functions of CIDB Malaysia as well as an instrument to monitor the development of the Construction Industry via CIDBs initiatives that are focused on charting a planned and systematic growth of the Industry.

CIDB FUNCTION
To promote and stimulate the development, improvement

and expansion of the construction industry; To advise and make recommendations to the Federal Government and the State Government on matters affecting or connected with the construction industry; To promote, stimulate and undertake research into any matter relating to the construction industry; To promote, stimulate and assist in the export of service relating to the construction industry; To provide consultancy and advisory services with respect to the construction industry; To promote quality assurance in the construction industry; To encourage the standardization and improvement of construction techniques and materials.

CIDB FUNCTION
To initiate and maintain a construction industry

information system; To provide promote, review and coordinate training programs organized by public and private construction training centres for skilled construction. To accredit and register contractors and to cancel, suspend or reinstate the registration of any registered contractor; and To accredit and certify skilled construction workers and construction site supervisors.

CIDB Activities
Program Latihan Pegawai Keselamatan dan

Kesihatan Pembinaan (CSHO) - Layak mendapat 5 jam CPD sehari dan di iktiraf sebagai CEP oleh DOSH. Green Card program - The Green Card Program is a safety program which require all construction personnel to undergo "Safety Induction Course and Health for Construction Personnel" for one-day training. The participants will be registered with CIDB and given the Green Card. Apart from that, participant will be provided with safety guidelines book and Takaful Insurance for free.

DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH) MALAYSIA

 The Department of Occupational Safety and Health (DOSH) is a

department under the Ministry of Human Resources. This department is responsible for ensuring the safety, health and welfare of people at work as well as protecting other people from the safety and health hazards arising from the activities sectors which include:

Manufacturing Mining and Quarrying Construction Hotels and Restaurants Agriculture, Forestry and Fishing Transport, Storage and Communication Public Services and Statutory Authorities Utilities - Gas, Electricity, Water and Sanitary Services Finance, Insurance, Real Estate and Business Svs Wholesale and Retail Trades

 As a government agency, the department

is responsible for the administration and enforcement of legislations related to occupational safety and health of the country, with a vision of becoming an organisation which leads the nation in creating a safe and healthy work culture that contributes towards enhancing the quality of working life.

 It is the policy of the Department of Occupational Safety and Health to

provide a safe and healthy work environment for all its employees and protect others who may be affected by its activities.. Specifically, the department policy comprises the following objectives: To prepare and preserve a workplace with a safe and healthy working system; To ensure that all staff are provided with the relevant information, instruction, training and supervision regarding methods to carry out their duties in a safe manner and without causing any risk to health; To investigate all accidents, diseases, poisonous and/or dangerous occurrences, and to have action taken to ensure that these occurrences will not be repeated; To comply with all the requirements of legislations related to safety and health as stated in the Occupational Safety And Health Act 1994, as well as regulations and codes of practice which have been approved; To provide basic welfare facilities to all workers; and To revise and improve on this policy whenever necessary

Acts Being Enforced By DOSH

Factories And Machinery Act 1967 (Act 139)

Occupational Safety And Health Act 1994 (Act Petroleum Act (Safety Measures) 1984 (Act 302

DOSH Objectives
To prepare and preserve a workplace with a safe and healthy

working system; To ensure that all staff are provided with the relevant information, instruction, training and supervision regarding methods to carry out their duties in a safe manner and without causing any risk to health; To investigate all accidents, diseases, poisonous and/or dangerous occurrences, and to have action taken to ensure that these occurrences will not be repeated; To comply with all the requirements of legislations related to safety and health as stated in the Occupational Safety And Health Act 1994, as well as regulations and codes of practice which have been approved; To provide basic welfare facilities to all workers