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COURSE: DUW10022 & DUW10012

Chapter 1:
Introduction To Occupational Safety And
Health Legislations
COURSE LEARNING OUTCOME (CLO)
LEARNING OUTCOMES:

• The concept of Occupational Safety

and Health (OSH)

• The importance of safety in workplace

• Statutory requirements
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Cost of Accidents at
Workplace

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Direct Costs:
Compensation premiums
Medical fees, etc.

Indirect Costs:
Replacement labor
Overtime
Lost production, productivity, quality
Damaged equipment and goods
Missed shipments
Time required of management

7
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Concept of Occupational Safety and
Health (OSH)

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 Self- regulations
 Consultations
 Negotiations
 Discussions
DUTY OF CARE

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 “The employer is still liable for duty of care even
though he has competent persons under his
employment”

Wilsons and Clyde Coal Co Versus English

EMPLOYER LIABILITY IN THE
DUTY OF CARE

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Injury on:
 Each individual worker

 Injuries caused by one worker to another worker

due to mistakes or negligence of workers or
agents appointed to do the job. (Vicarious
Liability)
EMPLOYER LIABILITY IN THE
DUTY OF CARE

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The employer is not responsible if the worker
acts on his own accord such as horseplay
while at work.”
Smith Versus Crossley Bros Ltd

Example: Two apprentices injecting

compressed air to a third party as a joke
ELEMENTS THAT DETERMINE
NEGLIGENCE

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 There is the duty of care of one party onto
another party
 There is a violation of that duty
 The violation resulted in damage/injury

The responsibility to prove the

violation is on
the plaintiff (the injured party)
HISTORY OF OSH LEGISLATION
IN MALAYSIA

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 The Selangor Boiler Enactment 1892
 The Perak Boiler Enactment 1903
 The Pahang Boiler Enactment 1908
 The Negeri Sembilan Boiler Enactment 1908
 Federal Machinery Enactment 1913
 Machinery Ordinance 1953
 Factories and Machinery Act 1967 (FMA 1967)
 Occupational Safety and Health Act 1994
(OSHA 1994)
SCOPE OF OSH
LEGISLATION

introduction of osh legislation/aab/ppd

 Boiler Safety before 1914
 Machinery Safety before 1914 - 1952
 Industrial Safety 1953 - 1967
 Industrial Safety and Health 1970 - 1994
 Occupational Safety and Health after 1994
BOILER SAFETY BEFORE
1914

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 The Selangor Boiler Enactment 1892
 The Perak Boiler Enactment 1903
 The Pahang Boiler Enactment 1908
 The Negeri Sembilan Boiler Enactment 1908

Scope of enactment:
Boiler Safety and
Inspection on boiler workers
MACHINERY SAFETY
1914 - 1952

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Federal Machinery Enactment 1913
Scope of legislation:
Machine inspections such as:
 Internal combustion engine Water turbine and
Machines that are attached together
Registration and inspection of machine installation
INDUSTRIAL SAFETY
1953 - 1967

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 Machinery Ordinance 1953
Scope of legislation:
 Machinery and boiler safety
 Safety of Workers in places using machinery
INDUSTRIAL SAFETY AND
HEALTH 1968 - 1994

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 FACTORIES AND MACHINERY ACT 1967
 Amend the provisions related to safety of
machinery
 Improvises on the weaknesses of the Machinery

Ordinance 1953 where:

 Scope does not cover
workplaces that do not use
Machines
 Lack of health related provisions
Please download at:

http://www.dosh.gov.my/
(Untuk mendapatkan rujukan akta dan peraturan)
FACTORIES AND
MACHINERY

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ACT 1967
APPROACH
 Machinery controls
 Internal environment controls
 Human controls
FACTORIES AND
MACHINERY ACT 1967

Control of the factory with the aim to protect the safety,

health and welfare of the people inside

Registration and inspection of machinery and related

items
FACTORIES AND
MACHINERY ACT 1967

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BACKGROUND
 Act 64 in the year 1967

 Became Act 139 on 1st April 1970

CONTENT

SIX (6) PARTS OF FMA 1967

- Introduction
- Safety, Health and Welfare
- Persons in Charge and Certificates of Competency
- Notification of Accidents, Dangerous Occurrences
and Dangerous Diseases
- Notice of Occupation of Factory, and Registration
and Use of Machinery
- General
CONTENT

THE THREE (3) SCHEDULES

FIRST SCHEDULE:
Dangerous Occurrence

SECOND SCHEDULE:
Serious Bodily Injury

THIRD SCHEDULE:
Notifiable Industrial Diseases
FACTORIES AND MACHINERY
ACT 1967

- 6 bahagian
- 59 seksyen
- 15 peraturan
- 4 peraturan kesihatan
FACTORIES AND MACHINERY
ACT 1967

- Cover 24 % of occupational
- Industry - Quary
- Mining
- Factory
- Construction
FACTORIES AND MACHINERY
ACT 1967
- Suatu akta untuk mengadakan peruntukan bagi kawalan
kilang yang berkenaan dengan perkara-perkara yang
berhubungan dengan keselamatan, kesihatan dan kebajikan
orang yang berada di dalam kilang, pendaftaran dan
pemeriksaan jentera dan bagi perkara-perkara yang
berkaitan dengannya.
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 OCCUPATIONAL SAFETY
AND HEALTH AFTER 1994

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Occupational Safety and Health Act
1994 (OSHA 1994)
Scope of legislation:
 Protect safety and health of workers in all
sectors of the economy
 Element of Duty of Care
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CATEGORIES OF
LEGISLATIONS

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Control of industrial activities and use of
specific materials/chemicals
 Mineral Enactment
 Atomic Licensing Act 1984
 Pesticides Act 1974
 Petroleum (Safety Measures) Act 1984
 Electricity Supply Act 1990
CATEGORIES OF
LEGISLATIONS

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Basic and general statutory requirements
 Factories and Machinery Act 1967
 Occupational Safety and Health Act 1994
ENFORCEMENT

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Department of Occupational Safety and
Health (DOSH)
Among the functions are:
 Enforcement of FMA 1967 & OSHA 1994
 Undertake OSH promotions activities
 Review of existing legislations
 Provide consultation and guidance
 Act as a secretariat for the National Council
for Occupational Safety and Health
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OBJECTIVES OF THE ACT

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Section 4 –
 To ensure the safety, health and welfare of
persons at work.

 To protect person at a place of work other than

persons at work.
OBJECTIVES OF THE ACT

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Section 4 –
 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 IV –
GENERAL DUTIES OF EMPLOYERS AND
SELF – EMPLOYED PERRSON

SECTION
15,16, 17, 18 and 19
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS

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 Section 15 - As far as practicable
(1) Ensure the safety, health and welfare of all
workers while at work
This includes:
(2) 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.
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PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
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
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS

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MAINTENANCE
Should take into consideration:

A system of regular inspection of machinery /

equipments to identify and report defects to the
person in-charge.

Improvement/upgrading works by repair or by

Replacement.
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS

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 SAFE SYSTEM OF WORK
 Safe premises and plant.
 Effective preventive maintenance.
 Adequate lighting and ventilation.
 Selection, instruction and training for workers.
 Compentent supervision and enforcement of
rules and regulations.
 Additional protection for disabled persons.
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS)

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SAFETY AND HEALTH ARRANGEMENTS
 Provision of proper personal protective equipment
and tools
 Safe handling arrangements taking into
account:

 Weight overloads
 Enclosure of dangerous substances
 Protection from hazardous
contaminations
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS

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SAFETY AND HEALTH ARRANGEMENTS
 Safe and adequate storage facilities
 Safe transportation arrangements

 Load is secured and stable

 Load is packaged safely
WORKER INTEPRETATION

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Section 15 - Additional Provision
 Includes: Independent contractor engaged by
an employer or a self-employed person and any
employee of the independent contractor.
PART IV:
GENERAL DUTIES OF EMPLOYERS AND
SELF-EMPLOYED PERSONS

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OTHER DUTIES
 Formulate a written Safety and Health policy
Section 16 PART IV

 Conduct operations without endangering

the safety of others – non-workers and publics
Section 17(1)

 Provide information to others on business

operations Section 17(2)
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS

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SAFETY AND HEALTH POLICY
 Statement of intent
 Organization
 Arrangements
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PPD OSH
POLICY??????
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS

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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 outmost

priority

 The company will do anything in its power to

avoid and prevent accidents
PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS

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Section 18
 Responsibility of an occupier of a non domestic
premise is to ensure the place of work is free from
risks to the safety and health of those other than
his workers.
Section 19 –
penalty ……????
PART VI –
GENERAL DUTIES OF
EMPLOYEES

SECTION –
24, 25, 26 and 27
PART VI:
GENERAL DUTIES OF

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EMPLOYEES
Section 24
 Ensure personal safety and that of others

 Cooperate with employer and others

 Properly wear and/or use personal protective equipment that

are provided

 Comply to any safety instructions

PART VI:
GENERAL DUTIES OF

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EMPLOYEES
Section 25
 An employee:
May not intentionally, recklessly or negligently
interfere or misuse anything provided or done in
the interests of safety, health and welfare in
pursuance of the Act
PART VI:
GENERAL DUTIES OF

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EMPLOYEES
Section 26
 The employer may not charge employees
for things done or provided

Section 27
 Employer / trade union may not discriminate -
dismiss, injure or change position of any
employee
AKTA KUALITI ALAM
SEKELILING 1974
 6 Bahagian
 51 seksyen

Suatu akta berhubungan dengan

mencegah, menghapus, mengawal
pencemaran dan membaiki alam sekeliling,
dan bagi maksud yang berkaitan
dengannya.
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