OSH LEGISLATION

Mohd Sallehuddin bin Yazid

Introduction
The Act
Defines the scope and boundary, and the basic provisions

Approved by Parliament
The are 2 act in OSH

1.
2.

ACT 139 FMA 1967 ACT 514 OSHA 1994

Regulation Detailed specific requirements of the Acts Approved by the Minister

Code of Practice/Guidelines Complying with ACT May be written by industries associations and endorsed by DOSH Not the Law

Work with the risk Employees

OCCUPATIONAL SAFETY & HEALTH ACT

OSHA 1994 (ACT 514)

Categories of Legislation
There are 2 categories of legislations:
1.

Control of industrial activities or use of specific materials/chemicals

Mineral Enactment Atomic Licensing Act 1984 Pesticides Act 1974 Petroleum (safety measure) Act 1984 Electricity Supply Act 1990

2.

Basic and general statutory requirements

Act 139 FMA 1967 Act 514 OSHA 1994

OSHA 1994
To provides legislative framework for promotion, simulation,

and encouraging high standard safety and health at work. Aim:

To promote health and safety awareness and establish effective

safety and health organization and performance through selfregulation scheme which is designed to suit the particular industry or organization.
Long term goal:
To create a health and safe working culture among Malaysian

employers and employees.

Scope of Application
In all economic activity including public services and

statutory authorities. Except:

On Board ships
Armed Force

OSH Philosophies
RESPONSIBILITIES TO ENSURE SAFETY AND HEALTH AT THE WORKPLACE LIES WITH THOSE WHO CREATE THE RISK AND THOSE WHO WORK WITH THE RISK
Lord Alfred Robens OSHA ARE FOR YOURSELF AND OTHER PEOPLE

OSHA
Cooperation between other worker are involved too and it important.

(Self-regulation)

OSH 1994
Occupational Safety & Health Act 1994 (OSHA 1994)
Scope of Legislation
Protect safety and health of worker in all sectors of the

economy (1st schedule OSHA) Element of Duty of Care

Objective the Act

To secure the safety, health & welfare of person at work
To protect person (other than persons at work) at places of

work against hazard To promote occupational environment adaptable to the persons physiological and psychological needs To provide the means toward a legislative system based on regulations and industry codes of practice in combination with the provisions of the Act.

OSHA 1994 Content

PART I Preliminary
PART II Appointment of Officers PART III National Council for Occupational Safety &

Health PART IV General Duties of Employers & Self-Employed PART V General Duties of Designers, Manufactures & Suppliers PART VI General Duties of Employees PART VII Safety & Health Organizations

OSHA 1994 Content

PART VIII Notification of Accidents, Dangerous

Occurrence, Occupational Poisoning and Occupational Disease, and Inquiry PART IX Prohibition Against Use Plant or Substance PART X Industry Codes of Practice PART XI Enforcement and Investigation PART XII Liability For Offences PART XIII Appeals PART XIV Regulation PART XV Miscellaneous

Definition
Employees
A person who is employed for wages under a contract of services

in industries to which this Act applies and

Directly employed by principle employer; Employed by immediate employer; and Whose services temporarily lent to principle employer.
Self-employed person
An individual who work for gain or reward

Definition
Immediate Employer: A person who has undertaken the execution at the place of work where the principal employer is carrying out his trade or business Section 3.
Principal Employer Immediate Employer

Employee

Pricincipat Employer: The owner of the industry or a person whom an employee has entered into contract of services Include manager, agent, or person responsible for payment of salary to an employee Include occupier of place work, legal representative of deceased owner, state government departments, local authority or statutory body

Definition
OCCUPIER OF PLACE OF WORK Person who has the management or control of the place of work Section 3.
PLACE OF WORK Premises where persons work or premises used for storage of plant or substance Section 3. Premises Land or Building Vehicle, vessel or aircraft Installation on land, offshore and floating Tent or moveable structure

Definition

ALAT @ PERALATAN

KELENGKAPAN

LOJI (TEMPAT KERJA) RUJUK SEKSYEN 3 JENTERA

PERKAKASAN

KOMPONEN

General Duties
EMPLOYERS & SELF-EMPLOYED PERSONS

So far as is practicable
Provide and maintain safe plant and safe system of work Section 15(2)(a).

Make arrangements for safe use, operation, handling, storage and transportation of substances and plant Section 15(2)(b). Provide information, instruction, training and supervision Section 15(2)(c). Provide and maintain safe place of work and safe access and egress Section 15(2)(d); and Provide and maintain working environment that is safe and without health risk and with adequate welfare facilities Section 15(2)(e).

General Duties
as far as is practicable means having regard to (Section 3): the severity of hazard or risk in question; the state of knowledge about hazard or risk and way of removing or mitigating the hazards or 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

Practicable??

Other Duties
Employers & Self-Employed Person
Formulate written statement of OSH policy (SECTION 16) Conduct undertaking in such manner not to affect other person, including the public (SECTION 17(1))

Employers
Provide information to other person on way his undertaking may affect them Establish safety and health committee at the place of work

General Duties
Employee
Reasonable care for safety and health of himself and others Cooperate with employer and others Wear and use PPE Comply with instructions on OSH

Other Duties
Employee
Person shall not interface or misuse anything provided for interest of safety and health Employer not to levy charge on employee Employers/ trade union not discriminate (dismiss, injure or alter position).

FACTORIES & MACHINERY ACT

FMA 1967 (ACT 139)

Introduction
ACT 64 in the year 1967 Became Act 139 1 Feb 1970

Objective Of FMA 1967 Control of the factory With the aim to protect the safety and welfare of the people inside Registration and Inspection Of machinery and related items

Content
Six Part Of FMA 1967
PART I Preliminary PART II Safety, Health & Welfare PART III Person In Charge and Certificates of Competency PART IV Notification of Accident, Dangerous Occurrence and Dangerous Diseases PART V Notice of Occupation of Factory, And Registration and Use of Machinery PART VI - General

Three Scedules
1. 2. 3. First Schedule: Dangerous Occurrence Second Schedule: Serious Bodily Injury Third Schedule: Notifiable Occupational Diseases

Interpretation
Factory
Any Premises Where persons are employed in manual labour in any process of the making, altering, repairing, ornamenting, sorting, finishing, cleaning, washing, breaking, demolishing, constructing, fitting adjusting of any article. The said work is carrier on by way of trade for purpose of gain

Premises Including any building, place or floating structure. Article Mean any solid, liquid, or gas or any combination thereof, and include electricity.

Interpretation
But Does Not Include: oAny premises used as garage fir locomotive or vehicle where only cleaning, washing and mirror repair are carried out oAny premises where less than 5 persons working and no machinery is use.

FMA 1967 Applicable to oAll work places defined as factory by Act oAccept: Factory or machinery operated by Arm Forcers Factory or machinery operated by any force lawfully present in Malaysia Machinery which subject to the Law relating to Merchant Shipping (1952 Peninsular & 1960 Sabah & Sarawak)

Interpretation
Machinery Includes: Steam Boiler Fired Pressure Vessel Unfired Pressure Vessel Hoisting Machine Material Handling Equipment Prime movers Transmission machinery Driven machinery Welding Electroplating.

Interpretation
Machinery But not includes: Machinery used for driving force of vehicle Machinery driven by manual power Machinery used for private and domestic purpose Office machine

Role of OSH Organization In Malaysia

JKKP JABATAN KESELAMATAN DAN KESIHATAN PEKERJA (DOSH) legislation, standard, enforcement, promotion NIOSH NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH Promotion, Training

SOCSO SOCIAL SECURITY ORGANISATION Compensation and promotion