WEEK 3

PMS 2243 :OSH MANAGEMENT

CHAPTER 3
INTRODUCTION TO
OSH ACT 1994
AND REGULATIONS 1
At the end of this class:-
You should be able to:-
◦ State the objective of OSHA 1994
◦ Identify regulations states under OSHA 1994
◦ Describe the functions, duties and responsibilities of
employer, employees, safety officer and safety
committees.
◦ Elaborate how to implement the Act in order to
develop a safe and healthy working environment.

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Introduction
◦ Occupational Safety and Health Act 1994
-was enacted 24 Feb 1994. This act provides the
legislative framework to promote, stimulate and
encourage high standards of safety and health at work
and workplace.
◦ The act provides regulations that are formulated by
National Council for OSH & Director General of
OSH.
◦ Consist of 9 regulations( refer page 91).
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 History of OSHA 1994
◦ Dredge Acts ( before 1914)
◦ Boiler Safety (1914 – 1952)
◦ Industrial Safety (1953-67):Machinery Ordinance 1953
◦ Industrial Safety and Industrial Health (1970 – 1993) :
Factory and Machinery Act 1967. This Act was enacted on
1st Feb 1970. To control of factories matter relating safety,
health and welfare of person, registration and inspection of
machine. Limited to manufacturing, mining, quarrying and
construction.
◦ Occupational Safety and Health Act 1994
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OBJECTIVES of OSH ACT 1994(Act 514)

1. To secure the safety, health and welfare of workers against

risk to safety or health arising out of the activities of
workers.
2. To protect persons at workplace other than the workers
against risk to safety or health arising out of the activities
of workers.

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OBJECTIVES of OSH ACT 1994(Act 514)
3. To promote an occupational environment for workers.
4. To provide the means using a system of regulations and
industry codes in combination with the provisions of
this Act designed to maintain or improved the standards
of safety and health.

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SCOPE OF OSH ACT 1994
Manufacturing
Mining and Quarrying
Construction
Agriculture, Forestry and Fishing
Utilities: Electricity, Gas, Water and Sanitary services
Transport, Storage and Communications
Wholesale and Retail Trades
Hotels and Restaurants
Finance, Insurance, Real Estate and Business Services
Public Services and Statutory Authorities
EXCEPT
Armed forces and military
Crew of merchant ships
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 SECTION 15
General Duties of Employers and Self
Employed Persons to their Employees

It shall be the duty of

every employer and self
employed person to ensure
that the safety, health and
welfare at work for all the
employees.
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 SECTION 16 : FORMULATE OSH POLICY

• Prepare written
statement
• Enforce the
implementation of
policy
• Revision of policy
• Notify the employee
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Examples of Safety Policy

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SECTION 17 – Duties of Employers
Responsibility to others

• Duties of employers to
ensure other person,
not being his employees
who may be affected or
exposed to risks to their
safety and health.
• To provide adequate
information.

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SECTION 18 – Duties of an Occupier
An occupier of non-domestic premises which
has been made as a place of work to persons,
not being his employees, shall take measures as
far as practicable to ensure the premises, all
means of access and egress, the use of plant or
substances are safe and without risks to health.

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 SECTION 19
Penalty for offence under Section 15-18
FINE
NOT EXCEEDING RM 50,000
IMPRISONMENT
NOT EXCEEDING 2 YEARS
OR BOTH

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 SECTION 29 & 30
– Safety and Health Officer & Committee
◦ SHO shall be employed to promote the safe conduct of work at the
workplace.
◦ SHC must be establish if there are 40 or more employees at the
workplace. Consist of chairman, secretary, management
representatives and employees representatives.

Contravenes/Disobey Section 30 (4)

FINE RM5,000 or imprisonment 6 months or both.

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 SECTION 24 – Duties of Employees
General duties of employees at work
Duty of every employee while at work:
◦ To take reasonable care for the safety and health of himself
and other who may be affected by his act at work.
◦ To cooperate with either his employer or person to
compliance with OSHA 1994
◦ To wear and use PPE provided by employer
◦ To comply with any instructions on OSH instituted by
employer.

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 SECTION 24 (2)– Duties of Employees
If employee contravenes:-
◦ FINE : not exceeding RM1,000 or PRISON not exceeding 3
months or both.

◦ Section 25:
An employee who intentionally, recklessly or negligently interferes
with or misuses anything provided or done in pursuance of the Act, shall be
guilty of an offence and shall be liable to fine not exceeding RM20,000 or
prison not exceeding 2 years or both.

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Employees safety is important
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 SECTION 46– Employer to Assist a
DOSH Officer
◦ The owner or employer or employee shall assist the
DOSH officer in any entry, inspection, examination
of inquiry under this Act.

◦ SECTION 47: Offences

FINE not exceeding RM10,000 or
IMPRISONMENT not exceeding 1 year, or both

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 SECTION 48: Power to serve
Improvement and Prohibition Notice
◦ DOSH officer shall serve IMPROVEMENT
NOTICE to the employer if the workplace is likely to
be a danger or a risk to the health of any person.

◦ DOSH officer shall serve PROHIBITION NOTICE

to the employer if the workplace is likely to cause
immediate danger to life or property to prohibit the use
or operation of the workplace until the danger is
removed or the defect is rectified to the satisfaction of
the officer.
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 SECTION 49 : PENALTY
◦ A person to whom an improvement or a prohibition
notice is issued under Section 48 fails to comply,
shall be guilty of an offence and if convicted, shall
be liable to FINE not exceeding RM50,000 or
IMPRISONMENT not exceeding 5 years or both;
and a further fine of RM500 for each day during
which the offence continues.

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REFERENCES
◦ S. M Shariff, 2010. Occupational Safety and Health
Management 3rd Edition. UiTM Press

END

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