DMCD 2512: Occupational Safety & Health Week 02: Safety Legislation

DMCD 2512
OCCUPATIONAL SAFETY & HEALTH

WEEK 02: SAFETY LEGISLATION(OSHA 1994)
DMCD 2512 | OCCUPATIONAL SAFETY & HEALTH | MOHAMED HAFIZ BIN MD ISA 1
LEARNING OUTCOME
At the end of this lecture, students will be able to:
i. State the differences between Statutory Law and Common Law.
ii. Explain the employer's liability in Duty of Care.
iii. List a short history of the Occupational Safety and Health regulations in Malaysia.
iv. Understand the Occupational Safety & Health Act 1994.
Why we need legislation?
1. Recognition of occupational diseases.
2. Emergence of industrial accidents.
3. Emergence of women and children worked as heavy laborer's under unsafe and
unhealthy workplace.
4. To provide compensation for accidents.
5. To control causes of the accidents.
6. Emergence of safety management.
7. Emergence of self-regulatory legislation.
8. Emergence of quality management movement.
Self-Regulation Legislation
Lord Robens, Chairman of a Royal Safety Commission Report
noted that:
1. there was too many OSH legislation,
2. was fragmented,
3. limited in coverage (specific hazards & workplace),
4. out of date and difficult to update,
5. inflexible (prescriptive), and
6. people thought that safety was what government inspectors
enforced.
Therefore, Lord Robens recommended self regulations. It’s
resulted Health and Safety of Workers at Work Act in the UK in
1974.
Similar legislation enacted in Australia in 1984.
Enacted in Malaysia in 1994 after 1992 Bright Sparkler accident
in Sungai Buloh.
Features of Robens Style Legislation
– General duties of care by:
Employer, employee, manufacturer, designer, supplier; and
Duty of employer to make the workplace safe.
– Consultation with employees through Safety and Health Committees.
– Safety and Health Officer as advisor and coordinator.
– Improvement and prohibition notices.
Statutory Law
Consists of Acts and Regulations:
 Formulated by the Government.
 Non-compliance is a crime.
 Punishment - fines and imprisonment.
 Prosecution by Government Officer (such as Deputy Public Prosecutor in Criminal
Court).
Common Law
Result of decision made by Judge and Civil Court.
Allows the injured party to make a claim on the party that is responsible for the injury.
The application for trail is done by a Lawyer appointed by the injured party.
If convicted – compensation in the form of money.
HISTORY OF OSH LEGISLATION
IN MALAYSIA
1. The Selangor Boiler Enactment 1892.
2. The Perak Boiler Enactment 1903.
3. The Pahang Boiler Enactment 1908.
4. The Negeri Sembilan Boiler Enactment 1908.
5. Federal Machinery Enactment 1913.
6. Machinery Ordinance 1953.
7. Factories and Machinery Act 1967 (FMA 1967).
8. Occupational Safety and Health Act 1994 (OSHA 1994).
SCOPE OF OSH LEGISLATION
1. Boiler Safety before 1914.
2. Machinery Safety before 1914 – 1952.
3. Industrial Safety 1953 – 1967.
4. Industrial Safety and Health 1970 – 1994.
5. Occupational Safety and Health after 1994.
Boiler Safety before 1914
1. The Selangor Boiler Enactment 1892.
2. The Perak Boiler Enactment 1903.
3. The Pahang Boiler Enactment 1908.
4. The Negeri Sembilan Boiler Enactment 1908.
Scope of enactment:
Boiler Safety; and
Inspection on boiler workers.
MACHINERY SAFETY 1914 - 1952
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
Machinery Ordinance 1953
 Scope of legislation:
 Machinery and boiler safety; and
 Safety of Workers in places using machinery.
INDUSTRIAL SAFETY AND
HEALTH 1968 - 1994
FA C TO R I E S A N D M A C H I N E R Y ACT 1 9 6 7
 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; and
 Lack of health-related provisions.
FACTORIES AND MACHINERY
ACT 1967
APPROACH
1. Machinery controls;
2. Internal environment controls; and
3. Human controls.
OCCUPATIONAL SAFETY AND
HEALTH AFTER 1994
 Occupational Safety and Control of industrial activities and use of specific
Health Act 1994 (OSHA materials/chemicals
1994). Mineral Enactment.
 Scope of legislation: Atomic Licensing Act 1984.
Protect safety and health of
Pesticides Act 1974.

workers in all sectors of the

economy; and Petroleum (Safety Measures) Act 1984.
 Element of Duty of Care. Electricity Supply Act 1990.
Factories and Machinery Act 1967.
Occupational Safety and Health Act 1994.
Environmental Quality Act 1974.
ENFORCEMENT UNDERTAKE REVIEW OF
OF FMA 1967 & OSH EXISTING
OSHA 1994 PROMOTIONS LEGISLATIONS
DEPARTMENT ACTIVITIES
OF SAFETY AND
HEALTH (DOSH)
PROVIDE ACT AS A SECRETARIAT FOR THE

CONSULTATION NATIONAL COUNCIL FOR
AND GUIDANCE OCCUPATIONAL SAFETY AND
HEALTH
OSHA 1994: Introduction
OSHA is an Act which provides the regulations to secure the safety, health and welfare
among all Malaysian workforce.
OSHA protects workforce against risks to safety or health, related to jobs or activities at
workplace.
Responsibility to ensure safety and health at the workplace is on those who create the
risk, and those who work with the risk.
Concept
1. Self Regulation.
2. Consultation.
3. Cooperation and worker participation.
OSHA 1994: Objectives
To ensure the safety, health and welfare of the people at work.
To protect others against risks to safety or health in connecting with the activities of
persons at work.
To establish of the National Council for OSH.
Other related matters.
OSHA 1994: How to read the Act?
How to read the Book/ Act?
Act
Part
Provision
Section
Sub-Section
OSHA 1994: Content
1. Preliminary. 8. Notification of Accidents, Dangerous
Occurrence, Occupational Poisoning and
2. Appointment of Officers. Occupational Diseases and Inquiry.
3. National Council for OSH. 9. Prohibition Against Use of Plant or
4. General Duties of Employers and Substance.
Self-Employed Persons. 10. Industry Codes of Practice.
5. General Duties of Designers, 11. Enforcement and Investigation.
Manufacturers and Suppliers.
12. Liability for Offences.
6. General Duties of Employees.
13. Appeals.
7. Safety and Health Organizations.
14. Regulations.
15. Miscellaneous.
OSHA 1994: Part I: Preliminary
Section 1(2)&(3) - SHORT TITLE & APPLICATION
Persons at work.
In all sectors of the economy as in the First Schedule including public services and
authoritative bodies.
Exceptions: work on board ships govern by the Merchant Shipping Ordinance 1952
(Peninsular), the Merchant Shipping Ordinance 1960 of Sabah and Sarawak or the
Armed Forces.
1st Schedule, Subsection 1(2)
i. Manufacturing Mining and quarrying iv. Transportation, storage and
Construction. communications.
ii. Agriculture, forestry and fisheries. v. Commercial – wholesale and retail.
iii. Utilities: vi. Hotel and restaurant.
i. Electricity, Gas, Water & Cleaning vii. Financial, insurance, properties and
services. business services.
viii. Public services and authoritative
bodies.
Section 2 - PREVAILING LAWS
Additional provisions to any other written law related to OSH.
The OSHA provisions will supersede any conflict or inconsistencies with other written
law.
Section 3 - INTERPRETATION
Industry – public service, or local authorities, or any activities in the First Schedule.
Plant – any machinery, equipment, appliance, implement or tool, any component
thereof and anything fitted, connect to it.
Employer – the immediate employer or the principle employer or both.
– Immediate employer – employer that employs the employee directly, by or
through him.
– Principle employer - the owner of an industry including manager, the occupier,
the legal representative, government, local authority or statutory body.
Employee - a person who is employed for wages under a contract of service.
Occupier - a person who has the management or control of the place of work.
Place of work- premises where persons work, or premises used for the storage of
plant or substance.
Premise – includes any:
land, building or part of any building.
vehicle, vessel or aircraft.
installation on land, offshores, or whether on the bed of or floating on any way.
tent or mobile structure.
Risk arising - the risk that may come due to activities of persons at work including:
the work processes.
the plant or substances used.
the condition of premises used.
Work – Work as an employee or as a self-employed person:
An employee is deemed to be at work throughout the time when he is at his place of
work.
A self-employed is at work throughout such time as he devoted to work as a self-
employed person.
Practicable should consider:
the severity of the risk or hazard or risk,
the state of knowledge about the hazard or risk and any way of removing or mitigate
the hazards or risk,
the availability and suitability of methods to remove or mitigate the hazard or risk, and
the cost of removing or mitigating the hazard or risk.
Section 4 – OBJECTIVES OF THE ACT
To secure 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.
OSHA 1994: Part II Appointment of
Officers
Section 5 – APPOINTMENT OF OFFICERS
Appointment of public officer by Minister.
Appointment of an independent inspecting body by Director General.
Certification of authorization.
OSHA 1994: Part III: National
Council for OSH
Section 9 – NATIONAL COUNCIL FOR OSH
Membership – between 12 – 15 persons.
Appointed by Minister.
Shall have power to do all things expedient or reasonably necessary for carrying out
the objectives of the Act.
Functions:
To study and review.
OSH Legislations.
Improvement of the administration and enforcement of OSH legislations.
Fostering of a co-operative consultative.
Relationship between management and labor.
OSHA 1994: Part III: National
Council for OSH
Section 9 – NATIONAL COUNCIL FOR OSH
Specific OSH problems and issues related to women and disabled employees as well
as other members of the community.
Establishment of adequate methods of control of industrial chemicals.
Statistical analysis of occupationally related deaths and injuries.
Provisions of health care facilities.
Development of rehabilitation plans and facilities and adoption by law of industry codes
of practice.
Development of plans and facilities for disabled employees.
Chairman of Appeal Committee.
OSHA 1994: Part IV: General Duties of
Employers and Self-employed Persons
Section 15 – SO FAR AS IS PRACTICABLE
Ensure the safety, health and welfare of all workers while at work.
This includes:
To provide and maintenance of safe plants and safe systems of work.
Planning for the safe use or operation, handling, storage and transportation of the
plant and substances.
To provide of information, instruction, training and supervision.
To provide and maintain safe workplace and safe access egress.
To provide and maintain safe working environment with adequate welfare facilities.
Maintenance
Should take into consideration:
A system of regular inspection of machinery / equipment's to identify and report
defects to the person in-charge.
Improvement/upgrading works by repair or by replacement.
Safe System of Work
Safe premises and plant.
Effective preventive maintenance.
Adequate lighting and ventilation.
Selection, instruction and training for workers.
Competent supervision and enforcement of rules and regulations.
Additional protection for disabled persons.
SAFETY AND HEALTH ARRANGEMENTS
Provision of proper personal protective equipment and tools.
Safe handling arrangements considering:
Weight overloads.
Enclosure of dangerous substances.
Protection from hazardous contaminations.
Safe and adequate storage facilities.
Safe transportation arrangements:
Load is secured and stable.
Load is packaged safely.
Section 15 – ADDITIONAL PROVISION (EMPLOYEE INTEPRETATION)
Includes: Independent contractor engaged by an employer or a self- employed person
and any employee of the independent contractor.
Other Duties:
Formulate a written Safety and Health policy Section 16;
Conduct undertaking in such manner not to affect other persons (not his employee)
including the public Section 17(1).
Provide information to persons on way his undertaking may affect them Section 17(2).
Section 15 – ADDITIONAL PROVISION  Statement of intent:
(EMPLOYEE INTEPRETATION) Written Statement of Company’s policy
on OSH.
Importance of a safety and health policy:
Long term objective.  Organization:
Continuous commitment at all levels of Who is doing what?
management. Responsibility, accountability and
Delegation of tasks at lower authorities.
management levels.
 Arrangements:
Procedures, methods, means, ways of
doing work safely.
i.e SOP, PTW and LOTO.
Section 15 – 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.
Section 18 – STATEMENT OF INTENT
Duties of an occupier of a non-domestic premise.
To ensure safe means of access and egress for use by persons other than his
employees.
To ensure the safe and absence of risk in connection with the use of plant and
substances provided for use by other persons.
OSHA 1994: Part V: General Duties Of
Designers, Manufacturers And Suppliers
Section 20 – PLANT FOR USE AT WORK
So far as is practicable:
 To ensure plant Is designed a constructed to be safe and without risk to health
when properly used.
 Arrange for testing and examination.
 Provide adequate information.
 Arrange for research to eliminate or minimize hazards.
 Safe erection and installation.
OSHA 1994: Part V: General Duties Of
Designers, Manufacturers And Suppliers
Section 21 – PLANT & SUBSTANCES FOR USE AT WORK
So far as is practicable:
 To ensure substance is safe and without risk to health when properly used.
 Arrange for testing and examination.
 Provide adequate information.
OSHA 1994: Part VI: General Duties
Of Employees
Section 24
Reasonable care for safety and health of himself and others.
Cooperate with employer and others.
Wear and use PPE that are provided.
Comply with instructions on OSH.
Section 25
A person:
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.
OSHA 1994: Part VI: General Duties
Of Employees
Section 26
The employer shall not charge employees for things done or provided.
Section 27
Employer/ trade union shall not discriminate (dismiss, injure employment or change
position of any employee).
OSHA 1994: Part VII: Safety &
Health Organizations
Section 28 – Medical Surveillance
The Minister may issue additional Regulations under certain circumstances such as:
Cases of diseases.
Use of hazardous processes or substances.
Workers below 16 years of age.
Work involves specific risks to health.
Detailed regulations for medical surveillance not inclusive of medical treatment.
Registration of a Medical Officer.
Section 29 – Safety & Health Officer Section 30 – Safety & Health Committee
Duties of occupier to employed SHO. To be established if:
Specific industries gazette (SHO Order). There are 40 or more workers.
Directed by Director General.
Specific responsibilities to ensure
compliance to the Act and promotion of Membership, selection and appointment
safe work. as prescribed in regulation.
Qualification and training requirements. Consultation with employer.
Section 31 – Safety & Health Committee Function
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.
OSHA 1994: Part VIII: Notification Of Accidents,
Dangerous Occurrence, Occupational Poisoning &
Diseases & Inquiry
Section 32
Employers shall notify the nearest Department of Safety and Health office (DOSH).
Registered Medical Practitioners should report to the Director General of any of the
diseases listed in the Third Schedule of FMA 1967 or occupational poisoning.
OSHA 1994: Part IX: Prohibition
Against Use of Plant or Substance
Section 35
Powers of the Director General to make order.
Obtain advice and recommendations from relevant government departments before
issuing an order.
Section 36
Aggrieved person may appeal.
OSHA 1994: Part X: Industry Code
of Practice
Section 37
Approved by the Minister.
May be amended.
Includes codes, standards, rule, specification or requirements related to safety and
health.
Section 38
May be used in court proceedings.
OSHA 1994: Part XI: Enforcement &
Investigation
Section 39
Director General.
Occupational Safety and Health Officer.
Certificate of Authorization.
Power to enter, inspect, enquire and take samples and other.
Section 48
Power of Officer to issue Notice of Prohibition and Improvement.
OSHA 1994: Part XII: Liability for
Offences
Section 52 Section 55
Body corporate including Company Defense in Proceedings:
Directors, Directors, Managers, Secretary No knowledge of the offence.
and others. Conducted without consent/connivance.
Section 53 Efforts have been taken to avoid any
offence.
Trade Union.
Section 54
Agents.
OSHA 1994: Penalties
Offences Penalty
Failure to comply to notice Maximum RM50,000 @ 5 years prison @ RM500 per day
General duties of employers and self- Maximum RM50,000 @ 2 years prison
employed
General duties of manufacturer in relation to Maximum RM20,000 @ 2 years prison @ BOTH
plant/material
Duty not to obstruct/misuse facilities provided Maximum RM20,000 @ 2 years prison @ BOTH
Discrimination towards workers and others Maximum RM10,000 @ 1-year prison
Related to inspection Maximum RM10,000 @ 1-year prison
Safety and health organization Maximum RM5,000 @ 6 months prison
General duties of employee Maximum RM1,000 @ 3 months prison @ BOTH
Duty to keep secret Maximum penalty: RM20,000 @ 2 years imprisonment @ both
OSHA 1994: Part XIII: Appeals
Section 63
Appeal Committee is appointed by Minister.
Chairman – National OSH Council member.
Two other persons.
Appeals on Section 36 or 50.
OSHA 1994: Part XIV: Regulations
Section 66
Ministers has the authority to make Regulations.
Objective to control and prohibit:
Example: Manufacturing, supplying or use of plant or substances.
Ensure the adequacy of welfare equipment.
OSHA 1994: Part XV: Miscellaneous
Section 67
Duty to keep secret.
A person may not disclose trade secrets (manufacturing or commercial) which has
come to his knowledge while at work.
OSHA 1994: Regulations
Occupational Safety and Health (Employers’ Safety and Health General Policy
Statements (Exception) Regulations 1995.
Occupational Safety and Health (Control of Industrial Major Accident Hazards)
Regulations 1996.
Occupational Safety and Health (Safety and Health Committee) Regulations 1996.
Occupational Safety and Health (Classification, Packaging and Labeling of Hazardous
Chemicals) Regulations 1997 (Revoked to 2013).
Occupational Safety and Health (Safety and Health Officer) Regulations 1997.
Occupational Safety and Health (Safety and Health Officer) Order 1997.
OSHA 1994: Regulations
Occupational Safety and Health (Prohibition of Use of Substances) Order 1999.
Occupational Safety and Health (Use and Standards of Exposure of Chemicals
Hazardous to Health) Regulations 2000.
Occupational Safety and Health (Notification of Accidents, Dangerous Occurrence,
Occupational Poisoning and Occupational Diseases) Regulations 2004.
Occupational Safety and Health (Classification, Labeling and Safety Data Sheet of
Hazardous Chemicals) Regulations 2013.
THANK YOU
mohamedhafiz@utem.edu.my | 011-1579 7932

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DMCD 2512

OCCUPATIONAL SAFETY & HEALTH

 Safety of Workers in places using machinery.

 Lack of health-related provisions.

workers in all sectors of the

PROVIDE ACT AS A SECRETARIAT FOR THE

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