Andrie Agaliksi 1006674010 Tugas 1 K3LL

1. Malaysia
The Occupational Safety and Health Act 1994 (Act 514) is a piece of Malaysian legislation which was gazetted on 25 February 1994 by the Malaysian Parliament. The principle of the Act is "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 Health and for matters connected therewith." The Act applies throughout Malaysia to the industries specified in the First Schedule. Nothing in this act shall apply to work aboard ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak or the armed forces. List of regulations under this Act • Occupational Safety and Health (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995 • Occupational Safety and Health (Control of Industry Major Accident Hazards) Regulations 1996
• • • • • •

Occupational Safety and Health (Safety and Health Committee) Regulations 1996 Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997 Occupational Safety and Heath (Safety and Health Officer) Regulations 1997 Occupational Safety and Health (Prohibition of Use of Substance) Order 1999 Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004

http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994 Enforcement and Investigation ACT 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994 PART XI - ENFORCEMENT AND INVESTIGATION Section 49. Penalty for failure to comply with notice. (1) A person to whom an improvement or a prohibition notice is issued under section 48 must comply with the same notwithstanding that an appeal against its issuance has been lodged. (2) A person who without reasonable excuse fails to comply with any improvement or prohibition notice issued under section 48 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and to a further fine of five hundred ringgit for each day during which the offence continues.

Andrie Agaliksi 1006674010 Tugas 1 K3LL

http://www.dosh.gov.my/doshv2/phocadownload/acts/aktakeselamatan.pdf Liability for Offences PART XII - LIABILITY FOR OFFENCES Section 51. General penalty. A person who by any act or omission contravenes any provision of this Act or any regulation made there under shall be guilty of an offence, and if no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

2. Brunei Darussalam
277A. (1) Notwithstanding any other written law, any person who in any open place and during a prescribed period willfully or negligently starts or keeps any fire or does any act in relation to any fire and, subject to subsection (3), any registered owner and any occupier of any open place in which during a prescribed period any person willfully or negligently starts or keeps any fire or does any act in relation to any fire, is guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (2) Notwithstanding any other written law, any person who in any place and during a prescribed period willfully or negligently starts or keeps any fire or does any act in relation to any fire and, subject to subsection (3) Any registered owner and any occupier of any place in which during a prescribed period any person willfully or negligently starts or keeps any fire or does any act in relation to any fire, in such a manner —(a) as to endanger to be likely to endanger human life to cause the destruction of or damage to any property, or to cause any injury, annoyance or obstruction to; or (b) as to vitiate the atmosphere so as to make it noxious to the health of the public or any section of the public or any persons who may have access to use any public right, is guilty of an offence and shall be liable on conviction to a fine, imprisonment not exceeding 5 years or both. (3) Any such registered owner or occupier is not guilty of an offence under subsection (1) or (2) if he proves to the satisfaction of the court that — (a) it was committed without his knowledge, consent or connivance and was not attributable to any act or default on his part; or (b) he attempted to prevent the commission of the offence. (4) In this section — “Minister” means the Minister designated by His Majesty the Sultan and Yang Di-Pertuan as the Minister responsible for environment; “occupier” means the person in occupation of the open place or places, or having the charge, management or control thereof either on his own account or as agent of another person, and includes a tenant or lodger; “prescribed period” means any period beginning with such date as may be declared by the Minister by order published in the Gazette to be the commencement, and ending with such date as may be so declared to be the termination, of the prescribed period for the purpose of this section. Negligent conduct with respect to poisonous substance. 284. Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is

Andrie Agaliksi 1006674010 Tugas 1 K3LL

sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment for a term which may extend to 5 years and with fine. [S 12/97] Negligent conduct with respect to fire or combustible matter. 285. Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any person, or knowing or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both. [S 12/97; S 4/98; S 5/98] Negligent conduct with respect to explosive substance. 286. Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment for a term which may extend to 5 years and with fine. [S 12/97] Negligent conduct with respect to machinery. 287. Whoever does, with any machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment for a term which may extend to 5 years and with fine. [S 12/97] Negligent conduct with respect to pulling down or repairing building. 288. Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or any part of thereof, shall be punished with imprisonment for a term which may extend to 5 years and with fine.

3. Singapura
The Workplace Safety and Health Act is an essential part of the new framework to cultivate good safety habits in all individuals so as to engender a strong safety culture in our workplace. It requires stakeholders to take reasonably practicable measures to ensure the safety and health of workers and other people that are affected by the work being carried out. The Workplace Safety & Health framework The three guiding principles that underpin the Workplace Safety & Health framework are: • • • Reducing risks at source by requiring all stakeholders to eliminate or minimise the risks they create; Instilling greater ownership of safety and health outcomes by industry; and Preventing accidents through higher penalties for poor safety management

Andrie Agaliksi 1006674010 Tugas 1 K3LL

About the Workplace Safety & Health Act The Workplace Safety and Health Act have four key features: • • • • it places the responsibility for workplace safety on all stakeholders along lines of control at the workplace it focuses on Workplace Safety & Health systems and outcomes, rather than merely on compliance it facilitates effective enforcement through the issuance of remedial orders it imposes higher penalties for non-compliance and risky behaviour.

Enforcement Framework The Commissioner for Workplace Safety and Health, assisted by Deputy Commissioners and appointed (gazetted) inspectors, ensures that workplaces comply with safety and health regulations by taking the following actions: Workplace Inspections Inspectors are empowered to enter, inspect and examine any workplace at any time to ensure workplace safety.
• • • •

An inspector may inspect, examine and make copies of any workplace documents. An inspector may take samples of any material or substance found in, or being discharged from, any workplace for the purpose of analysis or test. An inspector may take photographs and video recordings to record the conditions and the processes carried out in the workplace. He may take into custody any article in the workplace for the purpose of an investigation or inquiry under the Act.

Composition Fines Composition fines are offered for offences at the Commissioner’s discretion. Offences may be compounded to a sum not more than half the maximum fine prescribed for the offence or $5,000, whichever is lower. Prosecution action may be taken if payment is not received within a specified period. Liabilities & Penalties Failure to comply With Remedial Orders or Stop Work Orders Offence Maximum fine Failure to comply Remedial Order with $50,000 Additional fine of $5,000 for each day of continued offence Maximum Conditions Imprisonment 12 months Either or both

Andrie Agaliksi 1006674010 Tugas 1 K3LL

Failure to comply with Stop $500,000 12 months Work Order Additional fine of $20,000 for each day of continued offence

Either both

or

General Penalties (for offences where no penalty is expressly provided by WSHA) Offender category Maximum fine Maximum Conditions Imprisonment 1st 2nd & conviction* subsequent conviction** Individual persons $200,000 $400,000 2 years Either or both Corporate body $500,000 $1 million Persons at work who misused or $1,000 failed to use protective equipment provided http://www.mom.gov.sg/workplace-safety-health/safety-health-managementsystems/Pages/wsh%28risk-management%29-regulations2006.aspx In exercise of the powers conferred by section 65 of the Workplace Safety and Health Act 2006, the Minister for Manpower hereby makes the following Regulations; Arrangement of Provisions 1. Citation and commencement 2. Definitions 3. Risk assessment 4. Elimination and control of risk 5. Records of risk assessment, etc. 6. Provision of information 7. Review of risk assessment 8. Offences Action Provisions 1. Citation and commencement These Regulations may be cited as the Workplace Safety and Health (Risk Management) Regulations 2006 and shall come into operation on 1st September 2006. 2. Definitions In these Regulations; a. "hazard" means anything with the potential to cause bodily injury, and includes any physical, chemical, biological, mechanical, electrical or ergonomic hazard;

Andrie Agaliksi 1006674010 Tugas 1 K3LL

b. "risk" means the likelihood that a hazard will cause a specific bodily injury to any person; c. "risk assessment" means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard, and determining the appropriate measures for risk control. 3. Risk assessment 1. In every workplace, the employer, self-employed person and principal shall conduct a risk assessment in relation to the safety and health risks posed to any person who may be affected by his undertaking in the workplace. 2. The Commissioner may determine the manner in which the risk assessment referred to in paragraph (1) is to be conducted. 2. Elimination and control of risk 1. In every workplace, the employer, self-employed person and principal shall take all reasonably practicable steps to eliminate any foreseeable risk to any person who may be affected by his undertaking in the workplace. 2. Where it is not reasonably practicable to eliminate the risk referred to in paragraph (1), the employer, self-employed person or principal shall implement — a. such reasonably practicable measures to minimise the risk; and b. such safe work procedures to control the risk. 3. The measures referred to in paragraph (2) (a) may include all or any of the following: a. substitution; b. engineering control; c. administrative control; d. provision and use of suitable personal protective equipment. 4. The employer, self-employed person or principal shall specify the roles and responsibilities of persons involved in the implementation of any measure or safe work procedure referred to in paragraph (2). 5. In this regulation; "administrative control" means the implementation of any administrative requirement which includes a permit-to-work system; "engineering control" — a. means the application of any scientific principle for the control of any workplace hazard; and b. includes the application of physical means or measures to any work process, equipment or the work environment such as the installation of any barrier, enclosure, guarding, interlock or ventilation system; "safe work procedure" means any procedure for carrying out work safely, and includes any procedure which is to be taken to protect the safety and health of persons in the event of an emergency; "substitution" means the replacement of any hazardous material, process, operation, equipment or device with less hazardous ones. 3. Records of risk assessment, etc. 1. Every employer, self-employed person and principal shall — a. maintain a record of any risk assessment conducted under regulation 3 (1), and any measure or safe work procedure implemented under regulation 4 (2); and b. submit the record referred to in sub-paragraph (a) to the Commissioner when required by him from time to time.

Andrie Agaliksi 1006674010 Tugas 1 K3LL

2. Every record referred to in paragraph (1) shall be kept by the employer, selfemployed person or principal for a period of not less than 3 years. 4. Provision of information 1. In every workplace, the employer, self-employed person and principal shall take all reasonably practicable steps to ensure that any person in the workplace who may be exposed to a risk to his safety and health is informed of — a. the nature of the risk involved; and b. any measure or safe work procedure implemented under regulation 4 (2). 2. The employer, self-employed person and principal shall comply with paragraph (1) whenever any risk assessment referred to in regulation 3 (1) is revised, or where any measure or safe work procedure implemented under regulation 4 (2) is changed. 5. Review of risk assessment 1. In every workplace, the employer, self-employed person and principal shall review and, if necessary, revise the risk assessment referred to in regulation 3 (1) at least once every 3 years. 2. Notwithstanding paragraph (1), the employer, self-employed person and principal shall review and revise the risk assessment referred to in regulation 3 (1) — a. upon the occurrence of any bodily injury to any person as a result of exposure to a hazard in the workplace; or b. where there is a significant change in work practices or procedures. 6. Offences Any employer, self-employed person or principal who contravenes regulation 3 (1), 4 (1), (2) or (4), 5, 6 or 7 shall be guilty of an offence and shall be liable on conviction — 1. for a first offence, to a fine not exceeding $10,000; and 2. for a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

4. Australia
http://safeworkaustralia.gov.au/AboutSafeWorkAustralia/WhatWeDo/Publications/Pa ges/model-work-health-safety-act-23-June-2011.aspx http://bit.ly/wDyMt4 ) OH&S Regulation 2001 Regulations give details on how certain sections of the Act are to be implemented. The Regulation calls on various Australian Standards and other standards and codes of practice to establish guidelines for particular OHS issues. Everything in the Regulation is law and must be followed. Codes of Practice Codes of practice give practical guidance on how the required standard of health, safety and welfare can be achieved in an area of work. They are approved under the OH&S Act by the Minister for Commerce.

Andrie Agaliksi 1006674010 Tugas 1 K3LL

Sometimes Codes of Practice are ‘called up’ in Regulations and in these circumstances have the same legal force as the Regulation itself. Otherwise, Codes of Practice should be followed, unless there is an alternative course of action which achieves the same or better standard of health in the workplace. They can be used in support of the enforcement provisions of the OH&S Act or as evidence to support a prosecution for failing to comply with or contravening the OH&S Act or OH&S Regulation.

Penalty Penalty notices (on-the-spot fines) under the OHS Regulation 2001 range from $550 to $600 for employers, and from $1,100 to $1,500 for non-compliance with an Improvement Notice. The maximum penalties under the OHS Act 2000 for an offence is: o corporation – 5,000 penalty units (presently $550,000 for first offence) o individual – 500 penalty units (currently $55,000 for first offence) o corporation – 7,500 penalty units (previous offender). o individual – 750 penalty units (previous offender) and/or 2 years imprisonment. The Court can also order offenders to do things, e.g. paying WorkCover costs of the investigation.

KESIMPULAN
Singapura dan Australia menjadi negara yang memberikan sanksi kurungan penjara paling lama atas pelanggaran K3LL yaitu 2 tahun. Disamping itu, Singapura menjadi negara yang memiliki tingkat pemberian denda paling besar atas pelanggaran K3LL sebesar $1 million

Andrie Agaliksi 1006674010 Tugas 1 K3LL

1. Singkatan K3LL? Kesehatan, Keselamatan Kerja dan Lindung Lingkungan 2. Sebutkan tujuan dari adanya hukum&peraturan K3? Menjamin keselamatan tenaga kerja dan orang lain yang berada didalam tempat kerja serta menjamin kelancaran dan kelangsungan produksi.

Sign up to vote on this title
UsefulNot useful