Week1 - 1.1,1.2 - Introduction To OSH Legislation

INTRODUCTION TO
OCCUPATIONAL
SAFETY AND HEALTH
LEGISLATIONS
SAFETY AND HEALTH OFFICER

CERTIFICATE PROGRAMME
Copyright@NIOSH 2005 1
LEARNING OBJECTIVES
State the difference between Statutory
Law and Common Law
Explain the employers liability in Duty of

Care
List a short history of the Occupational

Safety and Health regulations in
Malaysia
SCOPE
OSH Legislations
Duty of Care
History of OSH Legislations in Malaysia
Categories of Law
Conclusion
OSH LEGISLATIONS
Statutory Law
Common Law
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
LAW OF TORT
Tort is a Civil Wrong Doing such as:

A person’s misdeeds that give the right to
the injured party to make a claim in Civil
Court
Classification of Tort
Nuisance
Negligence
Defamation
Trespassing
LAW OF TORT
Tort of Negligence
Offence on the duty of care to not cause

damage or injury to others
DUTY OF CARE
“The employer is still liable for duty of care even

though he has competent persons under his
employment”
Wilsons and Clyde Coal Co Versus English
EMPLOYER LIABILITY IN THE
DUTY OF CARE
Injury on:
Each individual worker
Other workers due to mistakes or negligence

of workers or agents appointed to do the
job. (Vicarious Liability)
EMPLOYER LIABILITY IN THE
DUTY OF CARE
“ The employer is not responsible if the worker
acts on his own accord such as horseplay
while at work.”
Smith Versus Crossley Bros Ltd
Example: Two apprentices injecting

compressed air to a third party as a joke
ELEMENTS THAT DETERMINE
NEGLIGENCE
There is the duty of care of one party onto

another party
There is a violation of that duty
The violation resulted in damage/injury
The responsibility to prove the violation is on

the plaintiff (the injured party)
COMBINATION OF THE TWO
LAWS
Common Law
Statutory Law
HISTORY OF OSH LEGISLATION
IN MALAYSIA
The Selangor Boiler Enactment 1892
The Perak Boiler Enactment 1903
The Pahang Boiler Enactment 1908
The Negeri Sembilan Boiler Enactment 1908
Federal Machinery Enactment 1913
Machinery Ordinance 1953
Factories and Machinery Act 1967 (FMA 1967)
Occupational Safety and Health Act 1994
(OSHA 1994)
SCOPE OF OSH LEGISLATION
Boiler Safety before 1914

Machinery Safety before 1914 - 1952
Industrial Safety 1953 - 1967
Industrial Safety and Health 1970 - 1994
Occupational Safety and Health after 1994
BOILER SAFETY BEFORE 1914
The Selangor Boiler Enactment 1892

The Perak Boiler Enactment 1903
The Pahang Boiler Enactment 1908
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
Machinery and boiler safety
Safety of Workers in places using machinery
INDUSTRIAL SAFETY AND
HEALTH 1968 - 1994
FACTORIES AND MACHINERY ACT 1967
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
Lack of health related provisions
FACTORIES AND MACHINERY
ACT 1967
APPROACH
Machinery controls
Internal environment
controls
Human controls
OCCUPATIONAL SAFETY AND
HEALTH AFTER 1994
Occupational Safety and Health Act
1994 (OSHA 1994)
Protect safety and health of workers in all
sectors of the economy
Element of Duty of Care
CATEGORIES OF
LEGISLATIONS
There are two (2) categories of

legislations:
Control of industrial activities or use of
specific materials/chemicals
Basic and general statutory
requirements
CATEGORIES OF
LEGISLATIONS
Control of industrial activities and use of
specific materials/chemicals
Mineral Enactment
Atomic Licensing Act 1984
Pesticides Act 1974
Petroleum (Safety Measures) Act 1984
Electricity Supply Act 1990
CATEGORIES OF
LEGISLATIONS
Basic and general statutory requirements
Factories and Machinery Act 1967
Occupational Safety and Health Act 1994
ENFORCEMENT
Department of Occupational Safety and
Health (DOSH)
Among the functions are:
Enforcement of FMA 1967 & OSHA 1994
Undertake OSH promotions activities
Review of existing legislations
Provide consultation and guidance
Act as a secretariat for the National Council
for Occupational Safety and Health
CONCLUSION
Common Law
Law of Tort
Result of the Judge and Court decisions
The injured party is to make a claim on the
responsible party
Statutory Law
Acts and Regulations
Formulated and enforced by the Government
If convicted, may be fined or imprisoned
CONCLUSION
HISTORY OF OSH
Boiler Safety before 1914
Machinery Safety before 1914 - 1952
Industrial Safety 1953 - 1967
Industrial Safety and Health 1970 - 1994
Occupational Safety and Health after 1994

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Week1 - 1.1,1.2 - Introduction To OSH Legislation

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INTRODUCTION TO

SAFETY AND HEALTH OFFICER

Explain the employers liability in Duty of

List a short history of the Occupational

History of OSH Legislations in Malaysia

Formulated by the Government

Tort is a Civil Wrong Doing such as:

Offence on the duty of care to not cause

“The employer is still liable for duty of care even

Wilsons and Clyde Coal Co Versus English

Other workers due to mistakes or negligence

Smith Versus Crossley Bros Ltd

Example: Two apprentices injecting

There is the duty of care of one party onto

The responsibility to prove the violation is on

Boiler Safety before 1914

The Selangor Boiler Enactment 1892

Machine inspections such as:

Registration and inspection of machine installation

Machinery and boiler safety

Safety of Workers in places using machinery

Improvises on the weaknesses of the Machinery

Scope does not cover workplaces that do not use

Lack of health related provisions

There are two (2) categories of

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