NIOSH SHO 01-Introduction To OSH Legislation

Introduction to OSH
Legislations
Safety and Health Officer

Certificate Course
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
2 © 2014 NIOSH Malaysia. All rights reserved. No part of this document shall be
reproduced without written consent of NIOSH 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
Comprises of Acts, Regulations, Order,
Rule, Ordinance and Enactment :
– 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)
(for existing application act, regulation and
order only)
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 only
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 not to

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 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 of duty resulted in
damage/injury
The Burden of Proof is on the plaintiff

(injured party)
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)
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
– Scope of legislation:
• 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
• Control of Machine
operation
• Control of work
environment
• Control of human
OCCUPATIONAL SAFETY
AND HEALTH 1994
• Occupational Safety and Health Act
1994 (OSHA 1994)
• Scope of legislation:
– Protect safety and health of workers in
all sectors of the economy
– Provision on elements of Duty of Care
– Philosophy of legislation through self-
regulation
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
Petroleum (Safety Measures) Act 1984
Electricity Supply Act 1990
Mineral Enactment
Atomic Licensing Act 1984
Pesticides Act 1974
CATEGORIES OF
LEGISLATIONS
• Basic and general statutory
requirements
Factories and Machinery Act 1967 and
regulation
Occupational Safety and Health Act 1994
and regulation
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
– Statutory Law
• Acts and Regulations
• Formulated and enforced by the Government
– Common Law
• Law of Tort
• Result of the Judge and Court decisions
• The injured party is to make a claim on the
responsible party
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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Introduction to OSH

Safety and Health Officer

• Explain the employers liability in Duty of

• List a short history of the Occupational

• History of OSH Legislations in Malaysia

– Result of decision made by Judge and Civil

Tort is a Civil Wrong Doing such as:

– Offence on the duty of care not to

“The employer is still liable for duty of care

Wilsons and Clyde Coal Co Versus English

– Other workers due to negligence of

Smith Versus Crossley Bros Ltd

Example: Two apprentices injecting

The Burden of Proof is on the plaintiff

 The Selangor Boiler Enactment 1892

• Registration and inspection of machine

• 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

There are two (2) categories of

If convicted, may be fined or imprisoned

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