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TABLE OF CONTENT

1.0

lntroduction

l.l OSHA 1994 and Act xxx (2 pages) 1.2 Similarity and Differences Between OSFIA

1994 and Act

XXX

FAJAR INTERNATIONAL COLLEGE

List 5 of similarify: I I
3

(l

page)

OSFI,A 1994

ACT XXX

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5

osH

100

List 5 of difference: I
2 3

(l

page)

Legislation
(Assignement Title)

osFtA 1994

ACT XXX

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5

2.0

Case Study (3 pages)

Prepared For:
Lecturer Name : Jofina Pengiran
3.0

2.1 2.2 2.3

Facts of The Case

Legal Issues Court Judgement

OSHA 1994 (2 pages)

3.1
4.0

Relate with our OSHA 1994

Recommendation (3 pagis;

Prepared By:
Name: xxxxxxxxxxxxx Batch: xx Student ID No: xxxxxxxxxx Telephone No :xxxxxxxxxxx
5.0

Refer to

ourlfregulation,

guidelines, order, code of practise

Conclusion / Summary
References

(l

page)

Appendix

Font: Times New Roman, Spacing: Double spacing


Page Number:

12

Email Address : xxxxxxxxx@xxxxx

Bottom rigbt

EXAMPLE

Walter Roth VS Ok Tedi Mining Limited (1998)


1

788

provide that; "A ladder shall, as far as practicable, be securely fixed so that it cannot move either from the top or from its bottom points of rest, or if it cannot be so securely fixed:

1.1 Facts of the case


In this case, the plaintiff had been erecting speakers in the mill plant of the defendants with two assistants. When the plaintiff was working with the assistants, it was the practice for one of them to hold the ladder at the base as an anchor. On 25 February 1989, day that the accident occurred, the plaintiff's two assistants were taken away by another employee with the consent of the supervisor. When the plaintift protested, he was ordered to get on with the job, and given a further warning that otherwise he would probably have no job. The plaintiff then continued without any assistant holding the ladder as anchor. The ladder was too wide for the outside rail to rest against the column. On the plaintiff's third ascent, the ladder slid from under him. He fell to the floor, with his left knee la nding heavily on one of the rungs. He consequently suffered a fractured knee and severe injuries which ultimately resulted in a permanent disability of 15 percent loss of the use of his left knee.

(a) It shall, when practicable, be securely fixed


at the base; or

(b) If fixing at the base is impracticable, a


person shall be stationed at the base of the ladder to prevent it from slipping."
From the evidence, Jalina J reasoned that the plaintiff had been using the ladder and carrying out the work in safety for as long as the two assistants were with him. There was no evidence from the defendants that the ladder was securely fixed either at the top or the bottom. As long as the assistant stood at the base of the ladder and supported it, the defendants complied with s 11(b) of the Order. As soon as the assistants were taken away, on the other hand, the system of work became inherently dangerous, resulting in the breach of their statutory duty. The defendants were
a

therefore both negligent and liable for breach of


statutory duty.

1.3 Court's Judgment 1.2 Lega! Issues

Industrial Safety (Building Works) Order of the Industrial Safety, Health and Welfare Act (Ch t75)

Damages for the plaintiff were assessed in the amount of AUD$269,976, under the various heads of pain and suffering, loss of amenities, past loss of income, future

loss of income, out of pocket expenses, and interest at B percent from the date of issue of the writ.

L.4 Comment
According to Section 15(1) Occupational Safety and Health Act L994 General duties of employers and selfemployed persons to their employees, it shall be the
self-employed practicable, the safety, person to ensure, so far as is health and welfare at work of all his employees. Under Regulation LZ Factories and Machinery (Safety, Health and Welfare) Regulation 1970, Working at heightsWhere any person is required to work at a place from which he will be liable to fall a distance of more than ten feet, means shall be provided to ensure his safety and such means shall where practicable include the use of safety belt or ropes. In this case, employer not only takes away the assistance to assist the employee but also fail to provide any safety belt or ropes to the employee, It should be under duty of care of employer to provide enough safety equlpment to employee to perform their job.

surfaces on which employees are to work have the strength and structural integrity to suppott employees safely. Each employee on a walking/working suface with an unprotected side or edge which is 2 meters or more to a lower level shall be protected from falling by the use of a guardrail system, safety net system, or personal fall-arrest system
According to Section 4 in Guidelines for the Prevention of Falls at Workplace Temporary Non-fixed Access and Platforms, All ladders, steps, trestles and working

duty of every employer and every

platforms shall comply with the relevant Malaysian Standard or other accepted international Standard. Those that do not have a Standards mark are generally of light construction and not suitable for use in a
workplace. . Ladders and steps used to gain access to a stepoff point should extend 1 meter past the step-off point unless some other form of adequate handhold is provided. . The ladder shall be secured against movement sliding at top and bottom while in use. . The single rung or step of a ladder should not be used to suppoft one end of a plank upon which a person has to work. . Ladders and steps are designed for the use of one person only at any one time.

reaching a point at which a fall can occur. The employer shall determine that all walking/working

Where there is a possibility of serious harm from a fall of less than 2 meters, fall protection is still needed. Consideration should also be given to situations where a person may slide down an inclined suface before

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