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Phy520 1 PDF
Phy520 1 PDF
TOPIC I: LECTURE 1
OBJECTIVES:
1. To describe the discipline and scope of
Occupational Safety and Health
2. To define the basic common terms and
concepts in Occupational Safety and Health.
3. To state the functions and roles of DOSH and
NIOSH
4. To recount the development of Malaysian
OSH History and OSH Law
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TOPIC 1:
DESCRIBE OSH
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WHY DOES OSH IS A CROSS-
DISCIPLINARY AREA?
• Occupational safety and health may involve interaction
among many cognate disciplines, including;
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HOW DO YOU DEFINE HEALTH?
• is a state;
– of complete physical, mental and social well-being
– the absence of disease or infirmity (physical
weakness, ailment, lack of strength)
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WHAT IS WELFARE?
• It is the quality of life is the degree of well-
being felt by an individual or group of people.
• It consists of two components:
– physical
• The physical aspect includes such things as health, diet,
and protection against pain and disease.
– psychological
• The psychological aspect includes stress, worry,
pleasure and other positive or negative emotional
states.
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TOPIC 1:
COMMON BASIC TERMS / WORDS
IN OSH
• Hazard
• Risk
• Danger
• Accident
• Near miss
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OSH GOLDEN WORDS!
1. HAZARD
• Anything that can cause harm (e.g. chemicals,
electricity, working from a ladder. etc)
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CATEGORY OF HAZARD
TYPE HAZARD
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OSH GOLDEN WORDS!
2. RISK
• Is the chance, likelihood or probability of harm
actually being done
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OSH GOLDEN WORDS!
3. DANGER
• Is the relative exposure to hazard.
• It may show the magnitude of the risk or
hazard.
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OSH GOLDEN WORDS!
5. A NEAR MISS
• an event which did not result in injury or
damage to property but had the potential to
do so
• shares the same root causes as an accident. It
is only because of chance that no harm or
damage occurred
• needs similar attention as an accident
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TEST QUESTIONS
• Hazards can be classified into physical,
biological, chemical, ergonomically and
psychosocial. Could you list ONLY the physical
hazards associated with machineries?
• Provide at least 10 examples of machinery
hazards.
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TOPIC 1:
ROLES AND FUNCTIONS OF DOSH:
DEPARTMENT OF OCCUPATIONAL
SAFETY AND HEALTH
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DOSH
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FUNCTION OF DOSH
• To study and review the policies and legislations of OSH
• To enforce the 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.
• To conduct research and technical analysis on OSH issues.
• To carry out promotional and publicity programs to
employers, workers and the general public to foster and
increase the awareness of OSH.
• As secretariat for the National Council regarding OSH.
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DOSH ORGANIZATION
• DOSH PROFILE: 10 SECTORS OF INDUSTRIES
• 2 MAIN AREA:
– OCCUPATIONAL SAFETY : 4 DIVISIONS
– OCCUPATIONAL HEALTH: 4 DIVISIONS
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DOSH SERVICES
• STANDARD SETTINGS
• ENFORCEMENT
• PROMOTIONAL ACTIVITIES
• OTHER ACTIVITIES
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COMPARISON FMA 1967 VS OSHA
1994
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STATUTORY LAW
a. Consist of Acts and Regulations (Parliament)
b. Formulated by the government (Gov. Dept.)
c. Breaching the law is a criminal offence
d. Penalty: Monetary and/or prison sentence
e. Prosecution is only by Government Servants
(e.g. District Attorney/Pendakwaraya) in Criminal
Court (Mahkamah Jenayah)
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COMMON LAW
a. Resulted from the decisions of court and judges
in a civil court (Mahkahmah Sivil)
b. Injured worker/party allow the to sue the party
that is responsible causing the harm
c. Injured worker/party could request a lawyer
(peguam) for law suit proceedings
d. If plaintiff (yang mendakwa) wins, the
settlement is through monetary fines.
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LAW OF TORT
– An action that is wrong but can be dealt with in a
civil court rather than a criminal court
– The legal effect of a wrongful act of one party
causing harm to the person, property, reputation
or economic interest of another.
– Tort are civil offences.
• Classification of Tort;
» Nuisance (Gangguan)
» Negligence (Kecuaian) – Tort of Negligence
» Defamation (Fitnah)
» Trespassing (Pencerobohan)
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VICARIOUS LIABILITY
Tort of Negligence:
– The duty owned by an employer to his employees
is that he must take such care as is reasonable for
the safety of his employees.
Vicarious Liability:
– Arises where an employee or an agent of the
employer has acted negligently and caused injury
to another employee.
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COMPETENCIES & SERVICES
• LIST OF COMPETENT PERSON
• LIST OF COMPETENT FIRM
• LIST OF COMPETENT TRAINING CENTERS
• 19 ON LINE SERVICES;
– http://mykkp.dosh.gov.my
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TOPIC 1:
ROLES AND FUNCTIONS OF NIOSH:
NATIONAL INSTITUTE OF
OCCUPATIONAL SAFETY AND HEALTH
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FUNCTIONS OF DOSH
• To study and review the policies and legislations of OSH
• 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.
• To conduct research and technical analysis on issues related
to OSH at the workplace.
• To carry out promotional and publicity programs to
employers, workers and the general public to foster and
increase the awareness of OSH.
• To become a secretariat for the National Council of OSH
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SERVICE PROVIDER
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NIOSH BACKGROUND
a. Established in 1992 to enhance OSH in Malaysia under Human Resource
Ministry.
b. Established as a Company Limited by Guarantee under the Malaysian
Companies Act 1965.
c. mainly through:
i. Training and curriculum development in OSH. Examination for Competency Certificate
ii. Consultation in OSH;
iii. Research and Development; and
iv. Information dissemination in OSH.
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TOPIC 1
ROLE & FUNCTION OF SOCSO
(PERKESO);
SOCIAL SECURITY ORGANISATION
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SOCSO (PERKESO)
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FUNCTIONS OF SOCSO
• Registration of employers and employees
• Collection of contribution from employers and
employees
• Payment of benefits to workers and/or their
dependents when tragedy strikes
• Provision of physical and vocational
rehabilitation benefits
• Promotion of awareness in OSH
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Enforcement DOSH
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TEST QUESTIONS
• What are the differences between the role of
National Institute of Occupation Safety (NIOSH) in
Bangi and the Department of Occupational Safety
and Health (DOSH) in Putra Jaya.
• What are the differences between the role of
National Institute of Occupation Safety (NIOSH) in
Bangi and the Department of Occupational Safety
and Health (DOSH) in Putra Jaya.
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TOPIC 1:
HISTORY & DEVELOPMENT OF OSH
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HISTORICAL DEVELOPMENT OF OSH
MANAGEMENT
• OSH before and during the industrial
revolution
• Development in OSH management between
the 1930’s and 1970’s
• Development of self-regulation legislation
• Modern OSH management
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TEST QUESTIONS
• Lord Robben has been appointed as the chairman for the Royal
Commission on Safety and Health in the United Kingdom to review
the laws and regulations on safety, health and welfare of workers in
a workplace. Identify the features of Lord Robben Style of
legislation.
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HISTORICAL DEVELOPMENT OF OSH
MANAGEMENT-UK
• Lord Robens, Chairman of a Royal Safety
Commission Report noted that:
– there was too many OSH legislation,
– was fragmented,
– limited in coverage (specific hazards & workplace),
– out of date and difficult to update,
– Inflexible (prescriptive),
– People thought that safety was what government
inspectors enforced
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HISTORICAL DEVELOPMENT OF OSH
MANAGEMENT: MALAYSIA
• Lord Robens recommend “Self regulation”
• Report resulted in the Health and Safety of
Workers At Work Act in the UK in 1974
• Similar legislation was enacted in Australia in
1984
• Enacted in Malaysia in 1994 after the 1992
Bright Sparkler accident in Sungai Buloh.
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CATEGORIES OF THE LAW AT PRESENT:
SECOND CATEGORY
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TEST QUESTIONS
• Define and provide and example for each;
• a. Hazard:
• b. Risk:
• c. Danger:
• Define and provide an example for each in the case of a construction worker
crossing a wooden plank while working on a bridge maintenance project.
• Define the terms below and identify appropriately each type of hazard, risk and
danger for the scenario of a glass bottle of concentrated sulphuric acid placed at a
corner of a student’s desk
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