CHAPTER 1

OCCUPATIONAL
SAFETY & HEALTH
MANAGEMENT
PART 2
LESSON OUTCOME

Outline the legal framework for the regulation of safety and

health in Malaysia

Describe the important sections and related penalties in OSH

in construction industry
TODAY'S HIGHLIGHT

TOPIC OUTLINE
01. OSHA 1994
02. FMA 1967
OSHA 1994

The Occupational Safety and Health

Act 1994(Act 514) is a piece of
Malaysian legislation which has
been gazettedon the 25 February
1994 by the Malaysian Parliament.
 15 PARTS
•is a measure that supersedes any conflict in
existing occupational safety and health laws

Content of REGULATION and LEGISLATION

OSHA 1994
ROLES & RESPONSIBILITIES
•The responsibilities of employers,
manufacturer, employees, self-employed
workers, designers, importers and vendors
OBJECTIVES OF OSHA 1994

SECURE THE PROTECT PROVIDE THE

SAFETY, PERSONS AT PROMOTE AN MEANS TOWARDS
HEALTH AND A PLACE OF OCCUPATIONAL A LEGISLATIVE
WELFARE WORK OTHER ENVIRONMENT SYSTEM
of persons at work than persons at work for persons at work which based on regulations and
against risks to safety or against risks to safety or is adapted to their industry codes of practice
health arising out of the health arising out of the physiological and in combination with the
activities of persons at activities of persons at psychological needs provisions of the Act.
work work
REGULATIONS Occupational Safety and Health (Employers’ Safety and Health General
Policy Statement)(Exception) Regulations 1995

& ORDERS Occupational Safety and Health (Control of Industrial Major Accident
Hazards) Regulations 1996
Occupational Safety and Health (Safety and Health Committee)
UNDER OSHA 1994 (ACT 514) Regulations 1996
Occupational Safety and Health (Classification, Packaging and Labeling of
Hazardous Chemicals) Regulations 1997
Occupational Safety and Health (Safety and Health Officer) Regulations 1997

Occupational Safety and Health (Safety and Health Officer) Orders 1997

Occupational Safety and Health (Prohibition of Use of Substances)

Orders 1999

Occupational Safety and Health (Use and Standard of Exposure of Chemicals

Hazardous to Health) Regulations 2000

Occupational Safety and Health (Notification of Accident, dangerous Occurrence,

Occupational Poisoning and Occupation Disesases) Regulations 2004
GENERAL DUTIES OF EMPLOYERS
& SELF-EMPLOYED PERSONS

GENERAL DUTIES OF
EMPLOYEES

GENERAL DUTIES
OF EMPLOYERS &
SELF-EMPLOYED
PERSONS
Section 15 - General duties of employers and self-
employed persons to their employees.
1. ENSURE THE SAFETY, HEALTH AND WELFARE OF ALL WORKERS
WHILE AT WORK

2. THIS INCLUDES:
a) Making arrangements and maintenance of plants and work system
b) Making arrangements for the use, handling, storage and transportation of the plant and
substances (materials).
c) Provision of information, instruction, training and supervision.
d) Provide and maintain workplace / access routes to and from work areas.
e) Provide and maintain work environment with adequate welfare facilities.

3. ADDITIONAL PROVISION
Employee includes independent contractor engaged by an employer or a self employed person
and any employees of the independent contractor.
Section 16 - Formulate a written Safety and Health
Policy
Section 17(1) - Conduct operations without endangering
the safety of others – non-workers and public.
Section 17(2) - Provide information to others on business operations.

Section 18 - An occupier of non-domestic premises shall take

measures to ensure that the place of work is/are safe and without
risks to health to the persons other than his employees.
 Section 19 - Penalties
A PERSON WHO CONTRAVENES THE PROVISIONS OF SECTION 15, 16, 17
AND 18 SHALL BE GUILTY OF AN OFFENCE AND SHALL ON CONVICTION
BE LIABLE TO:

Maximum Fine RM50,000;

or Max Imprisonment
2 Years; or Both
 Section 19 - Penalties
A PERSON WHO CONTRAVENES THE PROVISIONS OF SECTION 15, 16, 17
AND 18 SHALL BE GUILTY OF AN OFFENCE AND SHALL ON CONVICTION
BE LIABLE TO:

Maximum Fine RM50,000;

or Max Imprisonment
2 Years; or Both
Section 26 - Duty not to charge employees for things
done or provided
THE EMPLOYER MAY NOT CHARGE EMPLOYEES FOR THINGS DONE
OR PROVIDED IN PURSUANCE OF THIS ACT.
 ◦ Section 27 - Discrimination against employee, etc.
EMPLOYER /TRADE UNION MAY NOT DISCRIMINATE – DISMISS, INJURE OR
CHANGE POSITION OF ANY EMPLOYEE WHO MAKES COMPLAINT THAT HE
IS NOT SAFE OR IS RISK TO HEALTH AND ALSO EXERCISES HIS
FUNCTIONS AS A MEMBER OF THE SAFETY AND HEALTH COMMITTEE.

Maximum Fine RM10,000;

or Max Imprisonment
1 Years; or Both
Section 30 - Establishment of safety and health committee at
place of work.

TO BE ESTABLISHED IF:
A. THERE ARE 40 OR MORE WORKERS.
B. INSTRUCTED BY DIRECTOR GENERAL
MEMBERSHIP, SELECTION AND APPOINTMENT AS PRESCRIBED.
CONSULTATION WITH EMPLOYER

Maximum Fine RM5,000; or

Max Imprisonment
6 months; or Both
Section 31 - Functions of safety and health committee

REVIEW
all safety and health measures
that have been taken

INVESTIGATE OTHER FUNCTIONS

issues concerning occupational may be determined.
safety and health and bring to
attention of employer.
Section 32 - Notification of Accidents, Dangerous
Occurrence Occupational Poisoning and Occupational
Diseases and Inquiry

EMPLOYERS TO INFORM THE NEAREST DEPARTMENT OF SAFETY

AND HEALTH OFFICE (DOSH).

REGISTERED MEDICAL PRACTITIONERS SHOULD REPORT TO THE

DIRECTOR GENERAL.
 What are the citeria and
responsibilities of SHO that
must be provided by an

HOMEWORK employer?

SAFETY & HEALTH OFFICER (SHO) What is the implication if an

employer fails to provide a
competent SHO?

Which section of OSHA 1994

you are referring to?
GENERAL DUTIES
OF EMPLOYEES
Section 24 - General duties of employees at work

Ensure personal safety and that of others.

Cooperate with employer and others.

Properly wear and /or use personal protective

equipment that are provided.
Maximum Fine RM1,000;
Comply to any safety instructions.
or Max Imprisonment
3 months; or Both
 Section 25 - Duty not to interfere with or misuse things
provided pursuant to certain provisions
AN EMPLOYEE WHO INTENTIONALLY, RECKLESSLY OR NEGLIGENTLY
INTERFERE OF MISUSE ANYTHING PROVIDED OR DONE IN THE INTEREST OF
SAFETY, HEALTH AND WELFARE IN PURSUANCE OF THE ACT SHALL BE
GUILTY OF AN OFFENCE.

Maximum Fine RM20,000;

or Max Imprisonment
2 years; or Both
FMA
FACTORIES AND MACHINERIES ACT 1967 (ACT 139)

FMA 1967 was the sole OSH legislative reference

pertaining to industries’ activities.

Factory and Machinery Act 1967 only covers

occupational safety and health in the manufacturing,
mining, quarrying and construction industries,
whereas the other industries are not covered.
OBJECTIVES OF FMA 1967
TO PROVIDE FOR THE CONTROL OF FACTORIES WITH
RESPECT TO:

matters relating to the safety, health and welfare of persons therein;

the registration and inspection of machinery; and

matters connected therewith.

 DID YOU KNOW?

Workers that are covered by Factory

and Machinery Act 1967 consists only of
24% of the nation’s total man power,
while Occupational Safety and Health
Act (OSHA) 1994 would cover 90% of the
nation’s total man power.
 Factories & Machinery (Certificate of Competency –Examinations)
Regulations 1970
Factories & Machinery (Electric Passenger and Goods Lift) Regulations 1970

Factories & Machinery (Fencing of Machinery & Safety) Regulations 1970

Factories & Machinery (Notification, Certificate of Fitness and Inspection )
Regulations 1970
Factories & Machinery (Person-In-charge) Regulations 1970
Factories & Machinery (Safety, Health and Welfare) Regulations 1970

Factories & Machinery (Steam Boiler and Unfired Pressure Vessel)

Regulations 1970
Factories & Machinery (Administration) Regulations 1970

REGULATIONS
Factories & Machinery (Compounding Offences) Rules 1978 & Factories &
Machinery (Compoundable Offences) Regulations 1978

& ORDERS
Factories & Machinery (Lead Regulations 1984
Factories & Machinery (Asbestos Process)

Factories & Machinery (Noise Exposure) Regulations 1989

UNDER FMA 1967 (ACT 139)
Factories & Machinery (Mineral Dust) Regulations 1989

Factories & Machinery (Building Operations and Works of Engineering

Construction) Regulations 1986
BOWECS 1986
BUILDING OPERATIONS AND
WORKS OF ENGINEERING
CONSTRUCTION (BOWECS) 1986
1st Oct 1986
Building operations and works of
engineering construction only.
Building operations
Construction, structural alteration, repair
& maintenance, demolition of an
intended building.
Works of Engineering Construction
Construction, extension, installation,
repair, maintenance, renewal, removal,
renovation, alteration, dismantling and
demolition.
Part I : Peliminary
Part II : General Provision
Part III : Concrete Works
Part IV : Structural Steel and Precast Concrete Assembly
Part V: Cleaning, Repairing & Maintenance of Roof, Gutters,
Windows, Louvers and Ventilation
Part VI: Catch Platforms
Part VIII: Runways and Ramps
Part IX: Ladders & Step-Ladders
Part X: Scaffolds
Part XI: Demolition
Part XII: Excavation Work
Part XIII: Materials Handling & Storage and Use & Disposal
Part XIV: Piling
Part XV: Blasting and Use of Explosive
Part XVI: Hand and Power Tools
Part XVII: Miscellaneous
 Part XVII: Miscellaneous
FAILURE TO COMPLY PROVISIONS MADE UNDER THESE REGULATIONS SHALL
LIABLE THE OFFENDER TO A FINE NOT EXCEEDING RM2,000.00.

THANK YOU
FOR YOUR COMMITMENT