PART 1 30 MINUTES DISCUSSION

1. Roles of OSH legal requirements in business management.

a) Why OSH is important for a business management?

In difficult economic times, it is essential to remember that poor workplace health and
safety costs money. In addition, case studies demonstrate that strong OSH
management in an organisation is associated with enhanced performance and
profitability. Everyone, from individual employees to national health systems, suffers
when occupational safety and health is disregarded. However, this implies that
everyone may gain from improved rules and practises.
Countries with inadequate occupational safety and health systems waste significant
resources on accidents and illnesses that might have been prevented. A successful
national strategy results in various advantages, including:

 Increased productivity due to fewer sick days

 reducing healthcare expenses
 Keeping elderly employees in employment
 Promoting more productive work practises and technology
 Reducing the number of individuals who must reduce their work hours to care
for a family member.
b) Who are responsible in OSH legal requirements?
Employers and business owners have the greatest responsibility for workplace health
and safety. Employer is defined as any person who has engaged into a service contract
to employ another person as an employee, including the agent, manager, or factor of
such first-mentioned person, and employ, together with its grammatical variants and
comparable terms, must be interpreted accordingly under Employment Act of 1955,
Section 2(1).

They are obligated by law to protect their employees and anybody whose safety may
be impacted by their company, including consumers, visitors to the workplace,
temporary workers, and independent contractors. Employers must do the following
tasks to fulfil their safety and health obligations:
  Conduct risk analyses and method declarations. There are 5 procedures for
risk evaluation which are Appropriate checks have been conducted. Identified
are the parties and persons who may be impacted by dangers. You have
handled the obvious severe dangers and compensated for the potential number
of persons impacted. You have taken reasonable precautions to avoid injury,
and the leftover risk is acceptable. Your employees (and suppliers, if any) or
other agents have participated in the process of risk assessment.
 Consult with workers on health and safety.
 Select appropriate contractors.
 Create health and safety rules in writing
 Spread safety and health information.
 Deliver safety equipment and PPE.
 Provide personnel with adequate health and safety education.

c) Who has the most influence on occupational safety and health law in corporate
management?

Studies indicate that managers have such a significant impact on accomplishing

occupational safety and health goals by making OSH a distinct priority, presenting an
example of a caring, action-oriented person, and promoting involvement in a honest,
non-blaming environment. Various management techniques are outlined.

Autocratic decision-making. Orders are given. This may demotivate workers, lower
their self-confidence, and create obstacles that require more force to overcome. As
with all dictators, authoritarian leadership is immature and yields only visible gains.

Democracy style. Subordinates in decision-making. Implementation methods are

described. This method uses staff's deep knowledge of issues to solicit suggestions.
Participatory or consultative style is this method.

Laissez faire style. The leader is a passive team member. Participation is usually
voluntary. It suits creative work, small teams, and start-ups. Unofficial leaders may
divert attention from common goals to identity verification and (re)grouping staff.
d) How the OSH legal is being managed?

e) Strategies for enhancing the effectiveness of occupational safety and health

management?

Inadequate responsiveness to new and growing threats in the workplace is among the
most prevalent blunders. Even if they are now the most significant OSH risk factors,
the problem of psychosocial and organisational hazards is the most notable example.
There are indications that the administration of psychosocial hazards remains an
unaddressed problem in both occupational safety and health management and
certification audits. Additional common instances of noncompliance with legal rules
include:

 Concentrating primarily on accident prevention as opposed to illness

prevention in general.
 Excluding outside service providers (e.g., maintenance workers or cleaners)
 Small or excluding workplaces for temporary employees.
 Not conforming to "formalities" (e.g., documentation of risk assessments)
 Having no workers or any representatives involved.
2. Occupational Safety and Health Act in Malaysia and its salient features.

a) Define legal compliance assessment of Occupational Safety and Health (OSH)

The Occupational Safety and Health Act of 1994 (OSHA 1994) and the Factories and
Machinery Act of 1967 are the two most important safety and health legislation in
Malaysia. OSH is also a law that establishes further safeguards for the safety, health,
and welfare of employees, protects people from threats to their safety or health
presented by workers, and establishes the National Council for Occupational Safety
and Health, among other objectives. Effective OSHA enforcement requires
management leadership, worker involvement, and a methodical strategy to identifying
and eliminating risks.

b) What is the intent of the Occupational Safety and Health Act of 1994?

The aim is to prevent and protect employees from dangers and risks associated with
their job activities. It requires all businesses to establish and record such as

 Health and safety policies

 Responsibilities of the employer, workers, and safety and health officials
 The company's safety and health committee
 Safety and health at work inspections and officers

c) Can someone provide an example of an OSHA-related organisation in Malaysia?

The Department of Occupational Safety and Health (DOSH) is the government

agency primarily responsible for administering, managing, and enforcing legislation
pertaining to occupational safety and health (OSH) in this country, with the vision of
cultivating an OSH culture in every workplace and making every job and task safe
and healthy for workers. DOSH is responsible for guaranteeing the safety, health, and
welfare of workers, as well as protecting other individuals and the general public from
safety and health risks originating from workplace activities.

d) What are some instances of the industry being implemented?

 Forestry, Agriculture, and Fishing
 Construction
 Manufacturing
  Exploration and Quarrying
 Services include Electricity, Gas, Water, and Sanitation
 Transmission, Storage, and Transport
 The Wholesale and Retail Sectors
 Hotels and Restaurants
 Financial, Insurance, Property, and Business Service
 Public Services and Regulatory Agencies
e) The core concepts upon which the Occupational Safety and Health Act of 1994?
 Self-regulation. Employers must build a well-organized management structure
to tackle concerns connected to occupational safety and health. Beginning
with the formulation of a safety and health policy, companies must create the
necessary measures for its implementation.
 Consultation. Employers, workers, and the government must negotiate to
resolve concerns and difficulties with occupational safety and health.
 Cooperation. Employers and workers must work together to maintain and
improve the quality of occupational safety and health in the workplace.
Without employer and employee cooperation, none of the occupational safety
and health programmes implemented would be successful.

f) Where can anyone learn about OSHA?

OSHA provides training and educational materials to assist companies and

workers comply with its rules and obligations. The Occupational Safety and
Health Administration (OSHA) is mandated to explain the methods, equipment,
and training that employers and employees must use to prevent dangers and
guarantee safety in the workplace and on the job.

g) What is the punishment for people who violated OSHA regulations?

In addition to training and teaching, the punishment will be given depends on

what laws they have broken. OSHA is responsible for enforcement. OSHA
authorities may impose penalties in the tens of thousands of dollars for breaches,
and they can send offenders for criminal prosecution if they feel it necessary.
 h) How does OSHA aid businesses?

Countries with inadequate occupational safety and health systems, for example,
spend significant resources treating preventable accidents and diseases. A
successful national strategy results in various advantages, including:

 Increased production due to fewer sick days

 Reducing medical expenses
 Keeping elderly employees in employment
 Promoting more productive work practises and technology
 Reducing the number of individuals who must reduce their work hours to
provide treatment for a family member.

References

Arntz-Gray, J. (2016). Plan, Do, Check, Act: The need for independent audit of the internal
responsibility system in occupational health and safety. Safety Science, 84, 12-23.

Beck-Krala, E., & Klimkiewicz, K. (2016). Occupational safety and health as an element of
a complex compensation system evaluation within an organization. International Journal of
Occupational Safety and Ergonomics, 22(4), 523-531.

Department of Occupational Safety and Health, Ministry of Human Resources, Malaysia.

(1994). Laws of Malaysia. Act 514. Occupational Safety and Health Act 1994.

Kim, Y., Park, J., & Park, M. (2016). Creating a culture of prevention in occupational safety
and health practice. Safety and health at work, 7(2), 89-96.

LaDou, J. (2003). International occupational health. International journal of hygiene and

environmental health, 206(4-5), 303-313.

Nunes, I. L. (2013). Occupational safety and health risk assessment methodologies. OSH
Wiki networking knowledge, EU-OSHA—European Agency for Safety and Health at Work
(http://oshwiki.eu/wiki/Occupational_safety_and_health_risk_assessment_ methodologies).
Skład, A. (2019). Assessing the impact of processes on the Occupational Safety and Health
Management System’s effectiveness using the fuzzy cognitive maps approach. Safety science,
117, 71-80.