CHAPTER 1

INTRODUCTION TO
SAFETY, HEALTH AND ENVIRONMENTAL MANAGEMENT
Contents
• Definitions and Concepts: Occupational Safety, Health and Environmental
(OSHE) Management
• History of OSHE In Malaysia
• Objectives of OSHE In Organization
• Importance of OSHE In Organization
• Implementation of OSHE In Organization
• OSHE Issues
Definition

Security is a protection from threats, danger or harm, equipment from

authorized access and use or potential damage or loss, avoidance of workplace
violance and preparedness for emergency situation or crisis.
Safety is defined as free absent from danger.
Health is defined as the state of physical, socially and mentally wellbeing of a
worker.
Definition
Accident / Incident is an unexpected, unplanned event in a
sequence of events that occurs through a combination of causes
which result in physical harm to an individual, damage to property,
near-miss, a loss or any combination of these effect.
Injury refers to the inflictions or resulting effects onto a human body
resulting from an accident/incident.
Near miss accident is defined as an accident at a place of work
which has the potential to cause injury to any person or damage to
any property.
Dangerous Occurrence refer to occurrence arising out of or in
connection with work activity stipulated in Second Schedule, FMA
(1967).
Definition
Danger is a relative exposure to hazard.
Hazard is a source or situation with a potential for harm in terms of human
injury or ill-health, damage to property, damage to the environment or a
combination of these.
Risk a combination of the likelihood of an occurrence of a hazardous event with
specific period or in specified circumstances and the severity of injury or
damage to the health of people, property, environment or any combination of
these caused by the event.
Environment - air, land, water, flora & fauna, natural resources, human,
surroundings & its interaction

ENVIRONMENT
Historical perspectives of OSHE in
Malaysia
1972
◦ ROBENS Committee, UK was formed to investigate the high rate of industrial accidents, diseases and deaths at work
place.
1994
◦ UK Health and Safety Commission revamped their piecemeal regulations and published the new OSH regulations.
Malaysia was part of the committee and therefore adopted the ROBEN Report’s recommendations:
◦ a single comprehensive Act dealing with OSH which contains clear statements of responsibilities of
employer/employees
◦ self regulations by employers and employees
◦ the Act shall be supported by regulations and codes of practices
1999
◦ Government start enforcing OSH Act 1994 and directs all organizations to comply
2000
◦ Government make it mandatory for all construction workers in construction industry to undergo compulsory safety
training and issuance of Green Card to permit entry and work at the work site.
◦ Government enforce all organizations to have registered OSH Officer in organizations through enforcement checks.
History of OSHE in Malaysia

Industrial Occupational
Steam Boiler Machinery Industrial
Safety and Safety and
Safety Safety ( 1914- Safety (1953-
Hygiene Health (1994
(before 1914) 1952) 1967)
(1970-1994) - onwards)
Accident Cases

Bhopal Disaster, India

chemical leak in 1984 in the city of Bhopal, Madhya Pradesh. India At the time, it was called the worst industrial
accident in history.
On December 3, 1984, about 45 tons of the dangerous gas methyl isocyanate escaped from an insecticide plant that
was owned by the Indian subsidiary of the American firm Union Carbide Corporation. The gas drifted over the densely
populated neighborhoods around the plant, killing thousands of people immediately and creating a panic as tens of
thousands of others attempted to flee Bhopal.
The final death toll was estimated to be between 15,000 and 20,000. Some half a million survivors suffered
respiratory problems, eye irritation or blindness, and other maladies resulting from exposure to the toxic gas;
many were awarded compensation of a few hundred dollars.
Investigations later established that substandard operating and safety procedures at the understaffed plant had led to
the tragedy. In 1998 the former factory site was turned over to the state of Madhya Pradesh.
(https://www.britannica.com/event/Bhopal-disaster)
 Minamata Disease, Japan
It started with the town cats. In the mid-1950s, the people of Minamata, Japan began to notice their cats were going crazy and
falling into the sea. Some people thought the cats were committing suicide. Soon after, a strange illness appeared to be going
around town.
The people of Minamata reported numbness in their limbs and lips. Some had difficulty hearing or seeing. Others developed
shaking (shakes) in their arms and legs, difficulty walking, and even brain damage. And, like the cats, some people seemed to be
going crazy, shouting uncontrollably. Something was affecting their nervous system.
Finally, in July 1959, researchers from Kumamoto University discovered the source of the illness –– high levels of mercury
poisoning –– which they then named Minamata disease.
A large petrochemical plant in Minamata, run by Chisso Corporation, was suspected immediately. Chisso denied the
allegations and continued its manufacturing without changing its method of production. Chisso continued to deny its
involvement or that its mercury waste was causing any illness. (It was later discovered that Chisso Corporation had dumped an
estimated 27 tons of mercury compounds into Minamata Bay.)
Mercury dumping continued, poisoned women gave birth to poisoned babies. These children were born with severe
deformities including gnarled limbs, mental retardation, deafness, and blindness.
Chisso finally quit poisoning Minimata's waters in 1968. According to the Japanese government, 2,955 people contracted
Minamata disease and 1,784 people have since died. Researchers believe, however, that the criteria the government uses to
diagnose Minamata disease is too strict, and that anyone showing any level of sensory impairment should be considered a
victim. To date, Chisso has financially compensated over 10,000 people and continues to be involved in suits regarding the
matter.
https://www.verywellhealth.com/minamata-disease-2860856
 Deep Water Horizon
also called Gulf of Mexico oil spill, largest
marine oil spill in history, caused by an April 20,
2010, explosion on the Deepwater Horizon oil rig—
located in the Gulf of Mexico, approximately 41
miles (66 km) off the coast of Louisiana—and its
subsequent sinking on April 22.

-due to a blowout is the uncontrolled release of crude oil

and/or natural gas from an oil well or gas well after
pressure control systems have failed. Modern wells have
blowout preventers intended to prevent such an
occurrence. An accidental spark during a blowout can lead
to a catastrophic oil or gas fire.
-the deaths of 11 workers; 17 others were injured
https://www.britannica.com/event/Deepwater-Horizon-oil-spill
Bright Sparkle, Malaysia
-Fireworks factory and fire – happened in Sungai
Buloh, Malaysia (7th May 1991)
- Huge explosion, deemed one of the nation’s
worst industrial disasters.
- 26 died , over 100 injured, the explosion had
ripped the roofs of some local houses and
damaged more than 200 residential properties.
- It had been triggered by explosive chemicals
spilt during an experiment in the canteen of the
facility.
- Bright Sparklers Sdn.Bhd, violated many laws to
carry out dangerous operation( construction,
maintenance and operations were
Objectives of OSHE in Organization
• To manage OSH and welfare matters of workers at a workplace and work
environment
• To protect lives and well being of the workers in an organization through
minimizing risks, hazards, dangers arising from the work activities and
preventing accidents at work
• To comply with all related government and national law regulations, codes
of practices, world and international standard, industry standard and others
requirements
• To minimise the OSHE impacts on efficiency, productivity and business
performance
Importance of OSHE in Organization
• Helping organization creates safer work environment
• To minimize OSHE hazards at workplace and surroundings
• To avoid many investigations of workplace accidents and environmental
accidents
• Reducing injuries and injuries related costs
• Minimize losses to organization: productivity, delays, interruptions, miss
schedule and delivery, energy conservation, preservation of natural resources.
• Improving business opportunities because customer are favored to purchased
product or services from companies with an OSHMS
• Providing measurable system to verify the OSH performance in the companies
• Demonstrate the companies is meeting a legal requirements
• Enhancing the organization’s reputation
 Benefits of OSHE implementation
▪Improves workers’ productivity
▪Cuts down on absenteeism
▪Reduce compensation payments
▪Improves company’s image and reputation
▪Cuts down healthcare and insurance costs
▪Minimizes penalties and fines lawsuits
▪Creates confidence from public, investors and government
Implementation of OSHE in Organization
Top management to formulate OSHE policies, OSHE Top Management
targets, establish OSHE system, provide resources Planning and Commitment
Management to lead, set up OSHE Organizational
chart, establish safe work culture, provide Middle Management
directions, and compliance to OSH regulations Leading and Compliance to OSHE Laws
Organize OSEH programs, education, trainings,
activities to achieve OSH Objectives Employees Involvement
Organizing OSHE programs
Coordinate efforts to implement OSHE
inspections,audits,promotions, investigations,
documentations Coordinate OSHE programs,
documentations, investigations
Controls to monitor OSHE programs, prevention
programs to minimize accidents, safety controls Management and Employees
system, SHC review effectiveness of programs, Control and Monitor
accidents statistics all OSHE programs
OSHE Issues

• Fire at Bitumen Factory, Kemaman – gas explosion that destroyed 2 oil tanks

• Fire at Pusat Tahfiz Darul Quran Ittifaqiyah, Jalan Keramat Ujung

-killed 23 (21 pupils and 2 teachers) - the fire started out in one of the
bedrooms at the top floor of the three-storey religious school.

• Fire at Hospital Sultanah Aminah, Johor Bahru

- due to short-circuit- a fire which broke out on the second floor of the
Intensive Care Unit (ICU) of Hospital Sultanah Aminah killed at least six
patients and triggered the evacuation of hundreds of others

• COVID-19 ???
https://www.dosh.gov.my
 Occupational Safety, Health,
and Environmental Management
System

Chapter 2
Contents

▪ OSH Management System and requirements

▪ Environmental Management System and requirements

▪ Overview of the OSH Standards (OHSAS 18000 and MS1722)

▪ Overview on the Environmental Standards (ISO14001)

▪ OSHE Certifications
OSH Management System

 OSH Management System is an integral part of the

overall management system of an organization to
manage the risks associates with the business of the
organization.

 http://www.jsm.gov.my/ms-1722#.W1_bY_ZuI2w
 - requirement
 - objectives / scope
Overview of the OSH Standards (MS1722
)
 This Malaysian Std. provides requirements on OSH management system and a
basis for the development of a sustainable safety and health culture in an
organization.
 This Standard is intended to address OSH rather than product and services
safety.
 Purpose of Standard:
 to provide a system to protect employees from hazards and elimination of work
related injuries, disabilities, ill health, diseases, near misses and fatalities.
 to establish a framework for OSH management system.
 to provide requirements on OSH management system with integration of OSH
elements with policy and management.
 to provide a means to motivate employers, management staff, employees and their
representatives in implementing OSH management principles with continual
improvement in OSH performance.
 Overview On MS 1722: 2011
1 Scope and Purpose
2 Terms and Definitions
3 OSH Management system (Process)
3.1 Policy
3.1.1 OSH Policy
3.1.2 Employee Participation
3.2 Organizing
3.2.1 Responsibility and Accountability
3.2.2 Competence and Training
3.2.3 OSH Management system documentation
3.2.4 Communication
3.3 Planning and Implementation
3.3.1 Initial Review
3.3.2 System Planning, Development and Implementation
3.3.3 OSH Objectives
3.3.4 Hazard Prevention
3.4 Evaluation
3.4.1 Performance Monitoring and Measurement
3.4.2 Investigation of Work related Injuries, Disabilities, Ill heath, Disease
Near misses and Impacts on Safety and Health Performance
3.4.3 Audit
3.4.4 Management Review
5
3.5 Action for Improvement
3.5.1 Prevention and Corrective Actions
Process of
OSH Management System
 Objectives of
OSH Management System
▪ OSHMS is a coordinated and systematic approach to managing
health and safety risks.

▪ OSHMS helps organization to continually improved their safety

performances and compliance to health and safety legislation
and standard.
 Benefit of
OSH Management System
▪ Helping organization creates safer work environment
▪ Reducing injuries and injuries related costs
▪ Improving business opportunities because customer are favored
to purchased product or services from companies with an
OSHMS
▪ Providing measurable system to verify the OSH performance in
the companies
▪ Demonstrate the companies is meeting a legal requirements
▪ Enhancing the organization’s reputation
OHSAS 18000

 The aim of the OHSAS 18000 standard is to support and promote

good occupational health and safety practices, including self
regulation, in balance with organization’s and socio economic
need.

 OHSAS 18000 has publications:

▪ OHSAS 18001 Occupational Health and Safety Management
System – Requirements
▪ OHSAS 18002 Occupational Health and Safety Management
Systems – Guidelines for the Implementation of OHSAS: 2007

A clause-by-clause summary of OHSAS 18001:2007 standard

 Overview of the OSH Standards (OHSAS
18001)
 Title: Occupational Health and Safety Management Systems: Specification

 This OHSAS Specification is to be used to develop a recognizable OHS

management system which can be assessed and certified.

 OHSAS 18001 is developed to be compatible with ISO 9001: 2008 (QMS) and ISO
14001: 2004 (EMS) standards to facilitate the integration of quality, environmental
and occupational health and safety management system.
 Latest ISO 45001 update – June 2018
 The highly anticipated ISO 45001, the first global Occupational Health and Safety
(OHS) management system, has now been published.

ISO 45001 replaces BS OHSAS 18001 and organizations will need to migrate to ISO
45001 in the next three years.
Objective of OHSAS 18000

▪ Developing an occupational health and safety policy for the organization.

▪ Establishing an occupational health and safety management system
▪ Identifying the hazard, assessment of risks and risk control.
▪ Clarifying the legal and other requirement and evaluating compliances with
them.
▪ Setting the occupational health and safety objectives and targets.
▪ Establishing programs for achieving the occupational health and safety
objectives targets
▪ Implementing and operation of the occupational health and safety
management system
▪ Evaluation of the occupational health and safety management system
Benefits of OHSAS 18001

▪ Compliance with legal and other requirements

▪ Employee satisfaction
▪ Reducing of absenteeism
▪ Reducing of work-related accidents and illness
▪ Reducing of costs associated with accident and
illness
▪ Increasing of control of regulatory issues
▪ Potentially reducing of insurance costs
OHSAS 18001
 ISO 45001 (New)

▪ Latest ISO 45001 update – June 2018

▪ The highly anticipated ISO 45001, the first global Occupational Health and
Safety (OHS) management system, has now been published.

▪ ISO 45001 replaces BS OHSAS 18001 and organizations will need to migrate
to ISO 45001 in the next three years.

▪ http://www.jsm.gov.my/
Environmental Management System

 EMS is a system comprising of an organizational structure

with its responsibilities, practices, procedures, processes
and resources for implementing and maintaining the
system relating to management of the environment.
Environmental Standards (ISO 14000)

 ISO 14000 is a set of standard designed to help organization

to establish and objectively evaluate the EMS and to
manage environmental impacts of their activities

 Two main standard used to establish EMS:

▪ ISO 14001:2004 Environmental Management System with
Guidance for Use
▪ ISO 14004:2000, General Guidelines on Principles, System
and SupportingTechniques

▪ http://www.jsm.gov.my/ms-iso-14001#.W1_dZPZuI2w
ISO 14001
- Std. specifies requirements to establish an environmental management system with policy and
objectives which takes into account legal and other requirements which the organization subscribes
and its significant environmental aspects.

- used to certify an organization with an established Environmental Management System.

http://www.jsm.gov.my/ms-iso-14001#.Xls-
5U8zbcu

 Clause 4 – EMS Requirements

 4.1 Establish Environmental Management Systems based on the standard, document,

implement, maintain and improve
 4.2 Establish Environmental Policy, communicate to all staff, contractors or any other
person working on behalf of the organisation and public
 4.3 Plan your EMS by:
 -identifying, document, implement environmental aspects Establish procedure on
identifying environmental aspects
 -identifying, document, implement legal and other requirements. Establish procedure
on identifying legal and other requirements
 - establishing environmental objectives and targets and establish programmes to
achieve those targets and objectives

4.4 Manage implementation and operations of EMS by :
1) identifying roles, responsibilities and authorities. Document and communicate to them
2) providing adequate resources to implement the systems
3) appointing management representative
4) providing relevant training and awareness programs
5) Establish procedure to control internal and external communication with regards to EMS
6) and environmental aspects
7) documenting your EMS which include:
8) environmental policy, objectives and targets
9) scope of EMS
10) describe main elements of the EMS and how they interact with each other
11) establish procedure to control your EMS documents
12) providing operational control by with identifying significant environmental aspect and establish
procedure to manage and control operational situation that have environmental impacts. Establish
procedures to control the significant environmental aspects of the goods and services provided by your
suppliers and contractors.
 4.5 Check your EMS by :
1) establishing procedures to monitor and measure the key operational
characteristics that could have a significant impact on the environment
2) ensuring that environmental monitoring and measuring equipment are
calibrated and verified, maintained and records are retained
3) establishing a procedure to periodically evaluate compliance with all relevant
legal environmental requirements
4) establishing procedure on managing actual and potential non-conformity and
the corrective and preventive actions
5) establishing record control procedure for the EMS
6) establishing internal audit procedure, conduct internal audit and report result to
management
 4.6 Perform management review of the suitability, adequacy, and effectiveness of
your EMS by review inputs such as internal audits, feedbacks from external parties and
achievements of objectives and targets. The output of management review to
include conclusion on the EMS and decisions and actions required continual
improvement
 A Comparison on MS 1722: 2011 , OHSAS 18001:2007 and ISO 14001:2004

MS 1722:212011 OHSAS 18001: 2007 ISO 14001:2004

1 Scope and Purpose 1 Scope

2 Terms and Definitions
3 OSH Management system
3.1 Policy
2 Reference Publications
3 Terms and Definitions Clauses Description
4 OH& S management system elements
4.1 General requirements 4.1 General Requirements

3.2 Organizing
4.2 Environmental Policy
4.2 OH & S policy

3.3 Planning and Implementation 4.3 Planning

4.3 Planning

3.4 Evaluation 4.4 Implementation and

4.4 Implementation and operation Operation

3.5 Action for Improvement 4.5 Checking and corrective action

4.5 Checking

4.6 Management review

4.6 Management Review
 EMS Legal and Other Requirements

▪ Environmental Quality Act 1974 (Act 127) –to prevent, abatement, control
of pollution and env. For any purposes related with that

▪ Environmental Protection Act 1994 – to preserve env.

▪ Occupational Safety and Health Act 1994 – to deal with OSH at workplace
▪ Factory and Machinery Act (Act 139) – handling accident / diseases
▪ Local Town Councils Regulations – local planning
 Benefits of OSH Certification
▪ Comply with legal requirements as specified in Occupational Safety and Health Act and other
relevant regulations
▪ Fulfilling the business and social responsibility on environment management
▪ Eliminate or minimize the risks to the employees and other people who may be
exposed to OSH risks associated with its activities.
▪ Safeguarding the business and provide the customer, supplier and stakeholders
with confidence because able to manage the OSH issues.
▪ Save more money because costs of preventing the OSH accidents are lesser
than costs of handling and corrective action after accidents occurs.
▪ Provide the competitive edge in market place because the system provide the
continuous improvement.
▪ Increase the staff morale and commitments because the system needs into the
needs of human resource.
▪ Increase probability and business security
Malaysian Occupational
Safety, Health and
Environmental Laws
CHAPTER 3
Malaysian Occupational Safety,
Health and Environmental Laws
• ORGANIZATION/ BODIES/ AGENCIES RELATED TO OCCUPATIONAL
SAFETY AND HEALTH AND ENVIRONMENTAL MANAGEMENT
• OCCUPATIONAL SAFETY AND HEALTH ACT, 1994 AND REGULATIONS
• OVERVIEW OF THE FACTORY AND MACHINERY ACT, 1967 AND
REGULATIONS
• OVERVIEW ON ENVIRONMENTAL QUALITY ACT, 1974 AND
REGULATIONS
 Organization/ Bodies/ agencies
related to Occupational Safety and
Health and Environmental
management
 MHR
 DOSH(ENFORCEMENT)
 NCOSH (ADVISOR)
 NIOSH (TRAINING AND EDUCATION)
 BOMBA
 MOH
 SOCSO
Occupational Safety and Health Act,
1994 and Regulations
 http://www.dosh.gov.my/index.php/en/legislation/acts/23-02-
occupational-safety-and-health-act-1994-act-514/file
 EMPLOYER
 EMPLOYEE
 SHO (Regulations)
 SHC (Regulations)
 Occupational Safety and Health Act, 1994 (Act 514)
5

 This Act provides a comprehensive system of law on how

to deal with OSH of employees at work place in
organizations. :
 http://www.dosh.gov.my/index.php/en/legislation/acts/23-
02-occupational-safety-and-health-act-1994-act-514/file
 http://www.dosh.gov.my/index.php/en/legislation/regulatio
ns-1/osha-1994-act-154
 http://www.dosh.gov.my/index.php/en/legislation/order/occ
upational-safety-and-health
 Occupational Safety and Health Act, 1994 (Act 514)
6
APPLIES TO TEN INDUSTRIES:

I. MANUFACTURING
II. MINING AND QUARRYING
III. CONSTRUCTION
IV. AGRICULTURE, FORESTRY AND FISHING
V. UTILITIES: ELECTRICITY, GAS, WATER, AND SANITARY SERVICES
VI. TRANSPORT, STORAGE AND COMMUNICATION
VII. WHOLESALE AND RETAIL TRADES
VIII. HOTELS AND RESTAURANTS
IX. FINANCE, INSURANCE, REAL ESTATE AND BUSINESS SERVICES
X. PUBLIC SERVICES AND STATUTORY AUTHORITIES

THE OSH ACT (ACT 514) DOES NOT APPLY TO:

1. MILITARY AND ARMED FORCES
2. ON BOARD SHIPS OR MOVING VESSELS IN INTERNATIONAL WATERS
 7

Occupational Safety and Health Act, 1994 (Act 514)

 Section 1. Short an Title
 Section 3. Interpretation of term
 Section 4. Objectives of the Act.
 Section 15. General duties of employers and self-employed persons to their
employees.
 Section 16. Duty to formulate safety and health policy.
 Section 17. General duties of employers and self-employed persons to
persons other than their employees.
 Section 24. General duties of employees at work
 Section 29. Safety and health officer.
 Section 30. Establishment of safety and health committee at place of work.
 Section 31. Functions of safety and health committee.
Section 4: Objective of the Act 8

 Section 4: Objective of the Act

 To secure the SHW of persons at work against risk to SH arising out of the
activities of persons at work
 To protect persons at a place of work other than persons at work against risks
 To promote an occupational environment for persons adapted to physiological
and psychological needs
 To provide the means whereby the OSH legislations may be progressively
replace by a system of procedures and codes of practice
 Section 15. General duties of employers and
self-employed persons to their employees. 9
EMPLOYERS

Principal Employer
-the owner
-person who give/sign Immediate Employer
the contract of service -your supervisor
-manager who pays the
-branch manager
Salary
-the occupier of -Dean
place of work -An employee under
legal representative Principal Employer
of deceased owner
-any government of
Malaysia. Local
authority
 Duties of the Employer & Self Employed Person
10
 To ensure SHW of all employees at work place
 To provide and maintain safe systems of works
 To ensure all operation, handling, storage, transport of
substances, plant are safe for the employees
 To provide information, instruction, training and
supervision to ensure SHW of employees at work
 To ensure and maintain a safe access to and egress from
the place of work
 To provide and maintain safe working environment and
adequate facilities for their welfare at work
 Duty to formulate SH policy
 Duty to ensure safety of other persons not being his
employees at work place
 Duties of the Employer & Self Employed Person
11
 To ensure design, manufactures, imports, supplies plant or
substance that are safe to use
 Duty not to charge employees for things relating to OSH
implementations
 Not to discriminate against employees who may make complaints on
OSH matters
 To carry out medical surveillance on cases of illness arise form
works
 To employ a SHO, exclusively for OSH matters in organization
 To establish a SHC at place of work if there are 40 or more
employees at work
 To notify the nearest DOSH office of any accident, dangerous
occurrence, poisoning
 To provide, maintain a system of communications for OSH matters
and complaints
 To prepare and promote SHW rules and procedures
 To provide a suitable place for SHC to hold its meetings
Section 16. Duty to formulate safety and health 12
policy.

 Section 16 of the Act shall apply to every employer and every self-
employed person EXCEPT those who carry on an undertaking with
not more than five employees.- OCCUPATIONAL SAFETY AND
HEALTH (EMPLOYERS' SAFETY AND HEALTH GENERAL POLICY
STATEMENTS) (EXCEPTION) REGULATIONS 1995
 it be the duty of every employer and every self-employed person to
prepare SH policy
 As often as may be appropriate revise a written statement of his
general policy with respect to the safety and health at work
 to bring the statement and any revision of it to the notice of all of his
employees.
 Section 24. General duties of employees at work
13
EMPLOYEES

 a person who is employed for wages under a contract of

service
 a person directly employed by principal employer
 a person employed by or through an immediate
employer
 a person whose services are temporary lent, hire,
entered into a contract of service
 an independent contractor engaged by an employer and
any employees of the independent contractor
 Duties of Employees
14
 To take reasonable care for the SHW of himself and his
colleagues
 To cooperate with his employer on OSH requirements
 To wear or use at all times any PPE provided by the employer to
prevent risks to his SH
 To comply with any instructions on OSH matters and OSH Act
regulations
 If employee contravenes, the penalty imposed is fine not more
than RM1000 or three months imprisonment
 Intentionally misuse, abuse, interfere things or PPE, the penalty
imposed is fine not more than RM20,000 or 2 years
imprisonment.
 Section 29. Safety and health officer.
15
SAFETY HEALTH OFFICER

 Refers to the DOSH officers appointed by the D-G.

 SHO registered with DOSH but working in respective
organizations. They are the “eyes” for DOSH department.
 A normal executive who is given the responsibilities for OSH
matters, HR or Training Officer that acts as SHO.
 http://www.dosh.gov.my/index.php/en/oyk-sho
 DUTIES OF SHO 16
- OSH (SHO) Regulations 1997
 To advise employer on SHW matters and actions at place of work
 to inspect the place of work, machines, plant, equipment, substance
pertaining to SHW
 To investigate any accident, near miss, dangerous occurrence,
occupational disease
 To assist employer and SHC on formulating OSH programs at place
of work
 To become secretary for SHC
 To assist the SHC in inspections of place of work and to review its
effectiveness and efficacy of actions takes
 To collect, analyze, maintain statistics of any accidents, near miss
 To assist the DOSH officer in his visit
 To carry out instructions made by his employer on OSH matters
 To submit monthly report to the employer
 17
DUTIES OF SHO
 Powers of SHO:
 to administer oaths and affirmations in court or conducts inquiry
 power to prohibit the use of plant, substance
 power to examine witnesses
 make examination and investigation of any plant, substance, article in
an organization in pursuant to this Act.
 take measurement, photographs, recordings in investigations
 takes samples of any article, substance at work place.
 instruct any person to be medically examined for certain jobs.
 enter into premises with or without search warrants and power to
seize
 power to forceful entry and service an occupier of signed copy of list
of things seized from premises
 Class or description of industries required to employ SHO
(a) any building operation where the total contract price of the project exceeds twenty 18
million ringgit;
(b) any work of engineering construction where the total contract price of the project
exceeds twenty million ringgit;
(c) any ship building employing at peak of the work more than a hundred employees;
(d) any gas processing activity or petrochemical industries employing more than a
hundred employees;
(e) any chemical or allied industry employing more than a hundred employees
(f) any boiler or pressure vessel manufacturing
! "" # activity employing more than a
hundred employees;
(g) any metal industry where there is canning or stamping or blanking or shearing or
bending operations and employing more than a hundred employees;
(h) any wood working industry where there is cutting or sawing or planning or
moulding or sanding or peeling or any combination of the above, and employing more
than a hundred employees;
(i) any cement manufacturing activity employing more than a hundred employees;
and
(j) any other manufacturing activity other than the manufacturing activity specified in
subparagraphs (f) to (i), employing more than five hundred employees
 Section 30. Establishment of safety and health
committee at place of work. 19
 Section 30 of the Act:
 every employer shall establish a SHC at place of work if there are 40 or
more employees; or when the D-G directs an organization.

SHC Organization Chart

Chairman
-one top management
staff
Secretary
- SHO or SHM
Representatives Representatives
of employer of employees

Managers of Supervisors/ Technicians/ Staff

HRD, QC, PRODUCTION, STORE HRD, QC, PRODUCTION, STORE
 Section 31. Functions of safety and health committee.
Duties of SHC 20
 to assist in the development of safety and health rules and safe systems of work
 review the effectiveness of safety and health programs
 carry out studies on trends of accidents, near miss, dangerous occurrence,
occupational diseases
 review safety and health policies at place of work and make recommendations to
employer
 inspect the place of work at least once in 3 months
 discuss observations made in inspections
 make recommendations to employer on action place
 inspect the place of work soon as any accidents, near miss
 to keep a copy of OSH report for a period of 7 years
 to assist employer in any safety and health programs, tasks
 together with employer to prepare and promote SHW rules
 to conduct SHC meetings once in 3 months
 duty to provide trainings to employees, and employer to provide trainings to SHC
 to ensure employer make available relevant documents and Acts
PENALTIES UNDER THE OSH Act 21

Section 19. Penalty for an offence under section 15, 16, 17 or 18.
(employer)

Section 23. Penalty for an offence under section 20 or 21. (manufacturer)

Section 49. Penalty for failure to comply with notice
Section 51. General penalty.
 PENALTIES UNDER THE OSH Act

Section Offences Penalty and/or imprisonment

15 Failure of employer to ensure SHW at place of work: RM50,000 ; 2 years or both

general duties of employers

16 Failure of employer to formulate OSH Policy RM50,000 ; 2 years or both

17 Failure of employer to protect persons other than their RM50,000 ; 2 years or both
employees

18 Failure to occupier of a place of work to protect persons RM50,000 ; 2 years or both

19 Penalty for the Section 15 -18 RM50000 ; 2 years or both

23 Failure of manufacturers, plants, substances that are RM20,000 ; 2 years or both

safe to use, Sections 20-21
28 Failure to conduct medical surveillance RM5000; or 6 months or both
29 Failure to employ a SHO RM5000 ;or 6 months or both
30 Failure to form a SHC RM5000; or 6 months or both
47 Failure of employer to cooperate with DOSH Officer RM10000; or 1 year of both
48/49 Failure to comply with Improvement / Prohibition Notices RM50,000; 5 years or both.
Additional fine of RM500 per day 22
Overview of the Factory and Machinery
Act, 1967 and Regulations
An Act to provide for the control of factories with respect to matters relating to the
safety, health and welfare of person therein, the registration and inspection of
machinery and for matters connected therewith.

Objective of this Act:

 To provide for the control of factories with respect to matters relating to the safety,
health and welfare of persons,
 The registration and inspection of machinery.
 Applies only to premises defined within it, factories and construction sites.
 Factories and Machinery Act, 1967
24

Part 1:Preliminary
Part 2:Safety, Health and Welfare
Part 3:Persons in Charge and Certificates of Competency
Part 4:Notifications of Accident, Dangerous Occurrence
and Dangerous Diseases
Part 5:Notice of Occupation of Factory, and Registration
and Use of Factory
Part 6:General
Schedules:
First Schedule: Dangerous Occurrence
Second Schedule: Serious Bodily Injury
Third Schedule: Notifiable Industrial Disease
 SCHEDULE

 http://www.dosh.gov.my/index.php/en/legislation/acts/26-03-
factories-and-machinery-act-1967-revised-1974-acts-139/file
-page 37 -39
 Overview on Environmental Quality
Act, 1974 and Regulations
 An Act relating to the prevention, abatement, control of pollution and enhancement
of the environment, and for purposes connected therewith.
 Section 22 - 30
 http://www.env.go.jp/en/recycle/asian_net/Country_Information/Law_N_Regulation/
Malaysia/Malaysia_mal13278.pdf
 22. Restrictions on pollution of the atmosphere.
 23. Restrictions on noise pollution.
 24. Restrictions on pollution of the soil.
 25. Restrictions on pollution of inland waters.
 27. Prohibition of discharge of oil into Malaysian waters.
 28. Special defenses.
 29. Prohibition of discharge of wastes into Malaysian waters.
 30. Power to prohibit use of any material or equipment.