INTRODUCTION TO OCCUPATIONAL

SAFETY AND HEALTH LEGISLATION

Safety And Health Officer

Certificate Course

B.E.A.T Consultancy Sdn. Bhd.

OBJECTIVE:

Statutory law and common law

Explain employers liability and
responsibility.

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 SCOPE

OSHA Legislation

Employer responsibilities

OSHA legislation in Malaysia

Categories of legislation

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OSH legislation

◦ OSH legislation is a mixture of

statutory and common laws.

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Statutory Law:
◦ A statute is a written law passed by a legislature
on the Federal or State level.

◦ Government Legislation on OSH comprises of

relevant Acts and Regulations.

◦ Violation is a crime →penalty or imprisonment/or

both.

◦ Prosecution by Government officer (e.g. Deputy

attorney General) in a criminal court.

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COMMON LAW:
• Common law refers to law and the corresponding legal
system developed through decisions of civil courts and
similar tribunals (called case law)

• Common law is law created and refined by judges:

• a decision in a currently pending legal case depends
on decisions in previous cases and affects the law to
be applied in future cases.
• When there is no authoritative statement of the law,
judges have the authority and duty to make law by
creating precedent.
• The body of precedent is called "common law" and it
binds future decisions.

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Common Law Application

1. Enables the injured party to make claims

against the defaulting party.

2. Application for trial is made by the lawyer

appointed by the injured person.

3. Judgments made by judges and the civil

courts.

4. Upon conviction – monetary compensation.

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 Common Law
• Law of Torts is the name given to a body of law
that addresses, and provides remedies for, civil
wrongs not arising out of contractual obligations.

• Tort is a civil wrong.

• A tort law allows the injured party to make

a claim against the party committing the
wrongly act.

• Classification of Torts
i. Nuisance
ii. Negligence
iii. Defamation
iv. Trespassing
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 EMPLOYER LIABILITY
An employer owes his duty of care
under Common Law for the safety of
his individual employee.

“Employers are not exempted from the

responsibility under duty of care even
though he has assigned a competent
person to execute the task.”
Wilsons and Clyde Coal Co Vs English

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Employers’ Liability under the
Duty of Care

Injuries sustained at work:

1. Injuries on individual employees;

2. A worker or an agent who undertakes the
task on behalf of the employer and caused
injury to another worker (Vicarious liability).

“Employers are not responsible for any actions by the worker

which do not fall within the scope of his job such as
horseplay while at work”. Smith Vs Crossley Bros Ltd

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Burden of Proof in Common Law Cases

3 elements are necessary to establish a Case

of Negligence:

1. That there is a duty of care owed by one party

(employer) to the other (employee);

2. That there has been a breach of duty;

3. That the breach of duty has resulted in injuries/

or damages.

The burden of Proof is on the plaintiff (the injured party).

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Brief History of OSH
LEGISLATION in Malaysia

Boiler Safety before 1914

Machinery Safety 1914-1952

Industry Safety 1952-1970

Industrial Safety & Industrial Hygiene 1970-1994

Occupational Safety & Health after 1994

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BOILER SAFETY BEFORE 1914

Enactments

The Selangor Boiler Enactment 1892

The Perak Boiler Enactment 1903

The Pahang Boiler Enactment 1908

The Negeri Sembilan Boiler Enactment 1908

Scope covered:
1. Boiler safety
2. Inspection of boiler workers

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MACHINERY SAFETY 1914 - 1952

Federal Machinery Enactment 1913 which

superseded all preceding Boiler Safety
Enactments
Legislation Scope
 Machinery inspections.
 Registration & inspection of machinery
installations.

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SAFETY INDUSTRY 1952-
1952- 1970

Machinery Ordinance 1953 which

replaced the Federal Machinery
Enactment 1913.

LEGISLATION SCOPE:
◦ Boiler & Machinery Safety
◦ Worker Safety at factories where machineries
were used

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Industrial Safety & Industrial Hygiene
1970 - 1994

Factory & Machinery Acts 1967

a. Further developed and expanded the provisions

of Machinery safety

b. Rectified the following weaknesses in the

Machinery Ordinance 1953 which did not cover:
i. Workplaces where there were no machine operations;
ii. Health and welfare provisions

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 Factory & Machinery Act 1967
Approaches of the Act

a. Control of machine operations on high risk

machineries
◦ Register all steam boilers and lifts
b. Control of work environment
◦ Indoor Environment Control
◦ Noise control; and
◦ Emissions of hazardous contaminants
c. Control of Personnel
◦ Register and approve competent persons to
operate steam boilers.

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 OSH AFTER 1994

OSHA 1994
◦ Superimposes over existing safety and health legislation such as the
FMA 1967. In the event of any conflict, provisions of OSHA 1994 shall
prevail.

Legislation Scope
◦ Protects and ensures the safety, health and welfare of
workers in all economic sectors.
◦ Defines the general duties of employers, self-employed
persons, manufacturers, designers, importers, suppliers and
employees.
◦ The Philosophy of the legislation is through self-regulation.

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OSH Legislation Categories

Two(2) categories:
a. Regulating industry activities and Specific
Chemical substances.

b. General provisions and principles.

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OSH Legislation Categories
a. Regulating industry activities and Specific
Chemical substances.
i. Atomic Energy Licensing Act 1984 (Act 304)
 Radiation Protection (Licensing) Regulations 1986
 Radiation Protection (Basic Safety Standards) Regulations
1988
ii. Pesticides Act 1974 (Act 149)

The Pesticides Control (Approval of Pesticides) Regulations 1974

The Pesticides Control (Labelling of Pesticides) Regulations1976

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OSH Legislation Categories
a. Regulating industry activities and Specific
Chemical substances.

iii. Petroleum (Safety Measures) Act 1984 (Act 312)

iv. Mineral Development Act 1994
 State Mineral Enactment 2002
v. Electricity Supply Act 1990 (Act 447)

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Legislation Categories

b. General Provisions and Principles

◦ FMA 1967
◦ OSHA 1994
◦ Enforcement
◦ Both FMA 1967 and OSHA 1994 are enforced by
the Occupational Safety and Health Officers from
the Department of Occupational Safety & Health
(DOSH), Ministry of Human Resources.

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Other Duties of DOSH
1. Conduct awareness and promotional
activities.
2. Study and review of the existing legislations.
3. Provide advisory and expert services.
4. Act as the secretariat to the National
Occupational Safety and Health Council.

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Thank you.

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