CHAPTER 2

OCCUPATIONAL SAFETY &

HEALTH MANAGEMENT SYSTEM
 2.1
OSH Management
System
 2.1 OSH Management System

What is an OSH Management System?

• A part of the process of management concerned with rules, policies and procedures governing
the recruitment, selection, training, promotion and working conditions of the employees of an
organization.

• Helping employees to become better and more responsible persons. Just as people are
important to the survival, security and achievement of the goals and objectives of the
organization
 WHY DO WE
NEED OSH
MANAGEMENT
SYSTEM?
OCCUPATIONAL ACCIDENT STATISTICS BY SECTOR UNTIL NOVEMBER 2020 (REPORTED TO DOSH
ONLY)
OCCUPATIONAL ACCIDENT STATISTICS BY STATE JANUARY TO JULY 2020
(REPORTED TO DOSH ONLY)
 2.1.1 OSH-MS 1722

q MS 1722:2011 – Occupational Safety and Health Management Systems is a Malaysian

Standard that provides requirements on Occupational Safety and Health Management
Systems (OSHMS) and basis for the development OSH systems in an organisation.
q The MS 1722 standard enable an organization to manage its OHS risks and improve its OHS
performance.
q The requirements of the standard are intended to address OHS for employees, temporary
employees, contractors and other personnel on site rather than the safety of products
and services.
q The standards provide a more effective method of protecting employees and others from
workplace injuries and illnesses and demonstrate management commitment in meeting
OHS requirements.
The overall objectives of human resource management are to study and develop
new ways to:

Utilize human resource efficiently

Promote desirable working relationships

among employees

Encourage employees to develop to their

maximum potential

Help the organization in achieving its goals

The basic principles used in Management System consists of
five main elements, which is:
´ Policy – include activities related to the development of the organization's OSH policy statement and
structures and practices that insure active and meaningful worker participation in OSH arrangement.
´ Organizing – focuses on the establishment of OSH responsibilities and accountabilities structures, a training
system, competency definitions, documentation practices and a communication system.
´ Planning and implementation – addresses the activities associated with the fulfilment of the principles
expressed in the OSH policy statement. These activities include the initial assessment of the OSH
arrangement that then support the actual system planning, development and implementation functions.
´ Evaluation – describes those functions associated with measuring the management system's performance
which involves the development of performance monitoring and measurement protocols, investigation
practices for accidents, auditing methods and management review arrangement.
´ Action for Improvement – addresses issues associated with preventive/corrective actions and continual
improvement. Investigations, audits, and management review, appropriate prevention/corrective and
continual improvement actions can be taken with the information obtained from performance monitoring
and measurement.
 2.1.2 OCCUPATIONAL SAFETY AND HEALTH ACT
1994 (Act 514)

• An Act to make further provisions for securing the safety,

ACT health and welfare of persons at work.

• For protecting others against risks to safety or health in
connection with the activities of persons at work.

514 • To establish the National Council for Occupational Safety

and Health, and for matters connected therewith.

• This Act shall apply throughout Malaysia to the industries

SCOPE
specified in the First Schedule.
• This Act shall not apply for:
• Work on board of ship

OF ACT • Armed Forces

 FIRST SCHEDULE
´ Manufacturing
´ Mining and Quarrying
´ Construction
´ Agriculture, Forestry and Fishing
´ Utilities (Electricity, Gas, Water, Sanitary Services)
´ Transport, Storage and Communication
´ Wholesale and Retail Trades
´ Hotels and Restaurants
´ Finance, Insurance, Real Estate and Business Services
´ Public services and Statutory Authorities
 SECTION 2: PREVAILING LAWS

(1) The provisions of this Act shall be in addition to, and not in derogation of, the
provisions of any other written law relating to occupational safety and health.
(2) In the event of any conflict or inconsistency between the provisions of this Act and
that of any other written law pertaining to occupational safety and health, the
provisions of this Act shall prevail and the conflicting or inconsistent provisions of such
other written law shall, to the extent of the conflict or inconsistency, be construed as
superseded.
 SECTION 3: INTERPRETATION

“Practicable” means practicable having regard to—

(a) the severity of the hazard or risk in question;
(b) the state of knowledge about the hazard or risk and any way of removing
or mitigating the hazard or risk;
(c) the availability and suitability of ways to remove or mitigate the hazard or
risk; and
(d) the cost of removing or mitigating the hazard or risk;
 SECTION 3: INTERPRETATION
“premises” include—
(a) any land, building or part of any building;
(b) any vehicle, vessel or aircraft;
(c) any installation on land, offshore installation or other installation whether on the bed of
or floating on any water; and
(d) any tent or movable structure;

“self-employed person” means an individual who works for gain or reward otherwise than
under a contract of employment, whether or not he himself employs others;

“substance” means any natural or artificial substance, whether in solid or liquid form or in
the form of a gas or vapour or any combination thereof;
 PHILOSOPHY AND GUIDING PRINCIPLES

“Responsibilities to ensure safety and health at

the workplace lies with those who create the
risk and with those who work with the risk”
´Self-regulation
´Consultation
´Workers cooperation and participation
 OBJECTIVES OF OSHA 1994
þ to secure the safety, health and welfare of persons at work
against risks out of the activities at work;

þ to protect person at a place of work other than persons at

work against risks out of the activities at work;

þ to promote an occupational environment for persons at work

which is adapted to their physiological and psychological
needs

þ to provide the means to be progressively replaced by a

system of regulations and approved industry codes. To
maintain or improve the standards of safety and health.
 OSH REGULATIONS UNDER OSHA 1994

1. OSH (EMPLOYERS SAFETY AND HEALTH GENERAL POLICY STATEMENTS) (EXCEPTION)

REGULATIONS 1995
2. OSH (CONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARDS) REGULATIONS 1996
3. OSH (SAFETY AND HEALTH COMMITTEE) REGULATIONS 1996
4. OSH (CLASSIFICATION, PACKAGING AND LABELLING OF HAZARDOUS’ CHEMICALS)
REGULATIONS 1997
5. OSH (SAFETY AND HEALTH OFFICER) REGULATIONS 1997
6. OSH (USE AND STANDARDS OF EXPOSURE OF CHEMICALS HAZARDOUS TO HEALTH)
REGULATIONS 2000
7. OSH (NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL
POISONING AND OCCUPATIONAL DISEASE) REGULATIONS 2004
 CONSEQUENCES OF NON-COMPLIANCE
OF OSHA 1994
TO THE EMPLOYER (SECTION 15):
•Penalty: RM 50,000 / 2 years jail or both

TO THE EMPLOYEE (SECTION 24):

•Penalty: RM1,000 / 3 months jail or both
 2.2
Functions of Safety
and Health Committee
WHAT IS SAFETY AND HEALTH?

WHAT IS SAFETY AND HEALTH?

 DEFINITION

SAFETY • A control of accidental loss that includes injury, illness and

damage to anything in the occupational or external environment

• The potential to cause harm including illness and injury,

HAZARD damage in property, plant, product or environment, production
losses or liabilities.

• Likelihood that a specified undesired event will occur due to

RISK the realization of hazard by or during work activities or by
the products and services created by work activities.

ACCIDENT • Unplanned, unwanted event or occurrence which may results in

injury to persons and/or damage to property.

INCIDENT • An event which could or does result in unintended harm or

damage.
DO WE REALLY NEED A
SAFETY & HEALTH
COMMITTEE ?
WHY???
 Why Safety and Health Committees
important?
´Safety and Health Committees provide a way
for management and worker to meet regularly
to discuss workplace safety and health issues.
´They are to bring together workers practical
knowledge of jobs and managements overview
the workplace and work organization.
 OBJECTIVE OF THE COMMITTEE

To foster
cooperation and To enhance interest
consultation and motivation of all
An effective channel
between groups of
of communication to
management and management and
exchange ideas to
worker in identifying, workers at place of
solve OSH problems
evaluating and work in Safety and
controlling hazards Health
at workplace
 FUNTIONS OF SAFETY AND HEALTH COMMITTEE

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 the trends of accident, near-miss accident, dangerous occurrence, occupational poisoning/deseases which occurs at
workplace and shall report to the employer of any unsafe or unhealthy condition/practices at the workplace together with
recommendations for corrective actions

Review the safety and health policies at the workplace and make recommendations to the employer for any revision of such policies

Inspect the workplace at least once every three month and recommend preventive and corrective measure

Discuss reports and matters from safety officer, enforcement officer, etc

Assis to organize promotional activities

 COMPOSITION OF COMMITTEE

CHAIRMAN
[Employer]

SECRETARY MANAGEMENT REPRESENTATIVES WORKERS REPRESENTATIVES

[Safety&Health Officer] [Manager/Director/Supervisor] [From section or process]
 APPOINTMENT

➲ Chairman
§ Employer or Authorised Manager shall be chairman.

➲ Secretary
§ Person employed as Safety & Health Officer
§ If no SHO, chairman may appoint another person
§ or SHC may appoint by ballots ( sulit ) from
members.
➲ Management Representatives :
§ Appointed by Employer
§ Min 2 persons ( < 100 employees )
§ Min 4 persons ( > 100 employees )

➲ Workers Representatives :
§ Selected by workers
§ Appointed by employer
§ Min 2 persons ( < 100 employees )
§ Min 4 persons ( > 100 employees )
➲ Employees Representatives
§ Nominated from employees
§ If number exceeded the vacancies…. ballot
§ If no representatives, employer shall appoint
§ Shall represent various section of work place
§ Any vacancy shall be replaced in the same manner as the
previous member.
§ Do not penalise workers who absent due to their duties as
SHC members
REMOVAL OF COMMITTEE MEMBER

Ü Fail to attend 3 consecutive meetings

Ü Unsound mind
Ü Bankrupt
Ü No longer employed (employee rep)
Ü Convicted on a charge of:
§ Fraud, dishonesty or moral turpitude
§ offence under law relating to OSH
§ Other criminal offence
Ü Incapable to carry duty as member
 INSPECTION OF WORKPLACE

N Inspect at least once in every three months

N Discuss the observation of the members during inspection

N Record the details of such circumstances in a report kept for such

purpose

N Make recommendations to the employer on the remedial measures to

be taken on any matter.

N Record the recommendations in the report

 INVESTIGATION INTO ANY ACCIDENT

In the meeting, the

Chairman/secretary
committee shall
Chairman shall as shall ASAP after the
If no SHO, employer discuss the cause of
SHO shall furnish the soon as practicable committee has
To inspect the place or authorized accident and make
chairman of (ASAP) convene a inspected the place
of work as soon as it manager shall recommendations
committee with a meeting of the of work convene a
is safe to do so. inform the chairman to the employer to
report of his findings. committee to meeting to
or the secretary. prevent the
discuss the report. investigate into such
reoccurrence of
incident.
such incident
 Continue..

SHO or Chairman Employer or

authorised SHO or Chairman Employer or
( if no SHO ) shall Employer shall
manager shall shall record the authorised
furnish the keep a copy of the
ASAP discuss the decision of the manager shall
employer or his report for a
report or employer or his direct any person
authorised minimum period of
recommendations authorised employed to take
manager on the SEVEN years.
with SHO or manager such action
recommendations. Chairman.
 CONDUCT OF MEETING
Ø Formulate own meeting procedures and terms of references

Ø Frequency of meetings:
§ Depends on nature of risk at workplace
§ At least once a month for high risk workplace
§ Once in three month for other workplaces
§ More frequent meetings during initial period of formation.

Ø In the event of an accident or any other situations which calls for immediate
attentions, meeting should be held immediately.

Ø Agenda and minutes :

§ Early notice in writing and circulation of agenda attached.
§ Only matters pertaining to Safety & Health to be discussed.
§ Minutes circulated soon, not later than two weeks after meeting
Ø Quorum
§ Half of total number of members

Ø Non member may attend

§ May invite any person to discuss pertaining to OSH matters or related to
any accident occurred in the plant.

Ø Safety and Health matters only

§ Strictly for Safety & Health matters in workplace .

Ø Minutes
§ Copy of every meeting shall be furnished to every member and the
employer within TWO WEEKS after the meeting.
§ Shall be kept at place of work for minimum period of SEVEN years.
§ The employer should furnished the DOSH with a copy of minutes if required.
 TRAINING & INFORMATION

Ø Employer to ensure
§ Committee members have basic understanding and knowledge
on the function of the committee.

§ Provide training to the committee member.

§ Availability of an adequate document & information for SHC

´ Act & Legislation
´ Code of Practices
´ Technical Information
´ Operational Information
´ EMPLOYER SHOULD NOT :
q Disclose any information which would be prejudicial to national security.

q Disclosure of information which contravene with any law

q Disclose individual matters unless consented to its disclosure

q Provide any information other than for Safety & Health or welfare at work.

q Any information obtained by the employer for legal matters.

 PENALTY

Any person who contravene any of the provision of these

regulation shall be guilty of an offence and shall be liable
to a fine not exceeding FIVE THOUSAND RINGGIT
or imprisonment for a term not exceeding
SIX MONTHS or to BOTH
 STRUCTURE OF COMMITEE

Ø Joint management-worker committee at workplace

Ø Company may form other committee to supplement work of joint

committee such as :
§ Management committee to oversee work of joint committee or
subcommittee (permanent or ad-hoc)
§ Must have clear communication channel between joint committee
and other committee.
ENSURING EFFECTIVE COMMITEE

´ Basic knowledge and interest of members

´ On going training and education of members
´ Availability of relevant information to members
´ Regularity and frequency of meetings
´ Fast decision making and follow-up action
´ Wide publicity of committee activities
´ Recognition of members
´ Leadership of chairman
´ Stick to safety and health only
 2.2.1 ROLES OF THE MANAGEMENT

´ There are a number of strategies that can be used by organizations to ensure a healthy
and safe workplace and ensure compliance with legal requirements.
´ For Example :
 2.2.2 POLICY, STANDARD AND
SAFETY GUIDELINES
´ Policy
This is a statement of the principles governing decision-making. They can only be
changed by the Management and are mandatory.
´ Procedure
Describes the functional steps used to implement policies. Examples are those used
by Safety & Health to promote adherence to management policy and are
mandatory.
´ Guidelines
Describe specific aspects of working to the requirements of procedures where
extended explanation is required and provided by Safety and Health. They contain
recommended methods and statements with the objective of achieving certain
standards or outcomes.
´ Safety Handbooks and Manuals
These documents can provide both procedural instructions and guidance on a specific
subject. They are intended to describe a generic approach (e.g. Contractor Safety
Handbook) and may describe activities which are routinely carried out as part of the
normal functioning of the area (e.g. Laboratory or Workshop manuals).
´ Safety Management
This is a summary of the appropriate Safety and Health policies, procedures and
guidelines which govern all aspects of task planning. It provides a framework within
which tasks or activities can occur.
´ Job Safety
The area supervisor ensures that all task planning accords with a Safety Management
Plan detailing applicable Safety and Health Policies, Procedures and Guidelines
(including Handbooks and Manuals).
Enforcement the safety procedure
´ The action plan must be implemented in a way that is compatible with
professional rules and practices as well as with existing procedures.

Follow-up the safety management system

´ The effectiveness of the system implemented must be checked and follow-
up, and if a new risk or hazard factor is identified there must be a response.
Audits must be systematically carried out and analysed in order to select
corrective actions.