Executive Master In Safety, Health And Enviroment

Universiti Malaysia Pahang

OSH ACT LEGAL REGISTER

( MODULE: OSH LEGISLATION )

( LECTURER: MR. MUHAMMAD ARIF NAUFAL BIN ABD KADIR)

Prepared by:
Mohd Rashidi Bin Awang Jaman
(EDOSH – 122280)
8 November 2009
ASSIGNMENT 1:

OSH Act Legal Register

INTRODUCTION

Occupational health and safety is a discipline with a broad scope involving many

specialized fields. In its broadest sense, it should aim at:

 the promotion and maintenance of the highest degree of physical, mental and

social well-being of workers in all occupations;

 the prevention among workers of adverse effects on health caused by their

working conditions;

 the protection of workers in their employment from risks resulting from

factors adverse to health;

 the placing and maintenance of workers in an occupational environment

adapted to physical and mental needs;

 the adaptation of work to humans.

In other words, occupational health and safety encompasses the social, mental and

physical well-being of workers, that is the “whole person”.

Successful occupational health and safety practice requires the collaboration and

participation of both employers and workers in health and safety programmes, and

involves the consideration of issues relating to occupational medicine, industrial

hygiene, toxicology, education, engineering safety, ergonomics, psychology, etc.

1
Occupational health issues are often given less attention than

occupational safety issues because the former are generally more difficult to confront.

However, when health is addressed, so is safety, because a healthy workplace is by

definition also a safe workplace. The converse, though, may not be true - a so-called

safe workplace is not necessarily also a healthy workplace. The important point is

that issues of both health and safety must be addressed in every workplace. By

and large, the definition of occupational health and safety given above

encompasses both health and safety in their broadest contexts.

Poor working conditions affect worker health and safety

 Poor working conditions of any type have the potential to affect a worker's

health and safety.

 Unhealthy or unsafe working conditions are not limited to factories — they

can be found anywhere, whether the workplace is indoors or outdoors. For

many workers, such as agricultural workers or miners, the workplace is

“outdoors” and can pose many health and safety hazards.

 Poor working conditions can also affect the environment workers live in, since

the working and living environments are the same for many workers. This

means that occupational hazards can have harmful effects on workers, their

families, and other people in the community, as well as on the physical

environment around the workplace. A classic example is the use of pesticides

in agricultural work. Workers can be exposed to toxic chemicals in a number

of ways when spraying pesticides: they can inhale the chemicals during and

after spraying, the chemicals can be absorbed through the skin, and the

workers can ingest the chemicals if they eat, drink, or smoke without first

2
 washing their hands, or if drinking water has become contaminated with the

chemicals. The workers' families can also be exposed in a number of ways:

they can inhale the pesticides which may linger in the air, they can drink

contaminated water, or they can be exposed to residues which may be on the

worker's clothes. Other people in the community can all be exposed in the

same ways as well. When the chemicals get absorbed into the soil or leach into

groundwater supplies, the adverse effects on the natural environment can be

permanent.

Overall, efforts in occupational health and safety must aim to prevent industrial

accidents and diseases, and at the same time recognize the connection between worker

health and safety, the workplace, and the environment outside the workplace.

Why is occupational health and safety important?

Work plays a central role in people's lives, since most workers spend at least eight

hours a day in the workplace, whether it is on a plantation, in an office, factory, etc.

Therefore, work environments should be safe and healthy. Yet this is not the case for

many workers. Every day workers all over the world are faced with a multitude of

health hazards, such as:

 dusts;

 gases;

 noise;

 vibration;

 extreme temperatures.

3
Unfortunately some employers assume little responsibility for the protection of

workers' health and safety. In fact, some employers do not even know that they have

the moral and often legal responsibility to protect workers. As a result of the hazards

and a lack of attention given to health and safety, work-related accidents and diseases

are common in all parts of the world.

Occupational health and safety (OSH) at the workplace is very important in business.

It influences company’s productivity in order to maintain competitiveness in business

world. Unhealthy and unsafe working conditions will contribute to the unwelcomed

accidents which can cause loss in man hours and increase indirect company cost.

The reasons for establishing good occupational safety and health standards at a

workplace are:

 An employee should not have to risk injury or death at work, nor should others

associated with the work environment.

 Poor occupational safety and health performance results in cost to the

government (e.g. through social security payments to the incapacitated, costs

for medical treatment, and the loss of the "employability" of the worker).

Organizations also sustain costs in the event of an incident at work (such as

legal fees, fines, compensatory damages, investigation time, lost production,

lost goodwill from the workforce, from customers and from the wider

community).

 Occupational safety and health requirements may be reinforced in civil law

and/or criminal law; it is accepted that without the extra "encouragement" of

4
potential regulatory action or litigation, many organisations would not act

upon their implied moral obligations.

5
MY COMPANY’S PROFILE

Asian Supply Company Sdn. Bhd. (Asc) is a private company established in 2005.

The main business of the company is providing consultancy and training services in

the field of engineering and environmental health aspects mainly in the healthcare

sector. The company conducts inspection and audit to evaluate all aspects of service

performance at the facilities including safety and health requirements and

compliances.

Currently, there are eleven (11) staff working in the company lead by Managing

Director (MD). Others are 4 Specialist Consultants, 4 Senior Consultants, 1 Secretary

to the MD and 1 clerk.

Organisation Chart

Managing
Director

Secretary Clerk

Specialist Specialist Senior Senior Senior

Consultants Consultants Consultants Consultants Consultants
(FEMS) (BEMS) (CLS) (LLS) (CWMS)

The company does not use any machinery equipment, electrical tools or other raw

materials during audit and inspection activities at site except a writing tools, checklist

and camera. However, the management had requested all our consultants to take

necessary precaution during audit and inspection especially on the health and safety

requirements at audited site.

6
Staff are spending about 75% of the working time at office and 25% at site doing

auditing, inspection and consultancy. As such, it is vital for the employer to provide

safe, healthy and comfortable working environment at the office. Since established in

2005, there is no health and safety policy being set-up and developed by the company.

However, the aspects of safety and health are the main concerned of employer during

conducting the audit and inspection.

7
OSH Act Legal Register
No Laws & License/Permit/ Act/Regulation Title Spec Area PIC Remarks
Regulations Approval
Part Sect. Sub-
section
1. OSH Act 1994 -NA- IV 16 - Duty to formulate  Prepare general Office Safety Safety rep
safety and health statement of intent Representat to discuss
policy. (policy) including ive with MD.
management’s
commitment.
 Provide list of goals
and objectives.
 List of responsibilities
and accountabilities
for achieving those
goals and objectives
including those of
management,
supervisors and
workers;
 Prepare an outline of
the safety program and
procedures;
 Identify the method of
review the policy.
2. OSH Act 1994 -NA- IV 15 (1), (2) General duties of  Provide and maintain a Office MD and Safety rep
and (3). employers and self- safe and healthy Safety rep to assist
employed persons to working environment MD to
their employees. in the office. identify
 Provide adequate suitable
training in related to trainer.
the safety and health to Safety rep
all workers. to assist

8
  Prepare safety and MD of
health procedures or document
manuals. preparation
 Provide and maintain .
adequate facilities and
welfare for the
workers.
3. OSH Act 1994 -NA- VI 24 (1) and General duties of  Co-operate with Office Safety All
(2). employees at work. employer in Representat employees
maintaining safety and ive to attend
health requirements. training.
 Wear any PPE
provided by employer.
 Comply with any
instruction on OSH
imposed by employer.
4. OSH Act 1994 -NA- VIII 32 (1) and Notification of  Notify DOSH office Office MD Safety rep
(2). accidents, dangerous on occupational to assist
occurrence, accident, dangerous MD
occupational poisoning occurrence, poisoning
and occupational and disease at
diseases, and inquiry. workplace using
approved form.
5. OSH -NA- II 5 (1) Notification and  Send report to DOSH Office MD Safety rep
(NADOPOD) reporting of accident office in 7 days in to assist
Regulations and dangerous which any staff MD
2004 occurrence. involved in accident
absent from work for 4
calendar days.
 Write to DOSH within
1 year in the event of
accident causing death.

9
ASSIGNMENT 2:

Differentiate between OSH Act 1994 and FMA 1967

INTRODUCTION

The Occupational Safety and Health Act 1994 covers a wide range of basic safety,

health and welfare issues and apply to most workplaces (with the exception of those

workplaces on board ships or armed forces). Employers have a general duty under

Section 15 of the Occupational Safety and Health Act 1994 to ensure, so far as is

practicable, the safety, health and welfare at work of all his employees. It is also the

duty of employers under Section 17 of the same Act that

other persons of not being his employees may be affected

are not exposed to risks. The Act expands on these duties

and is intended to protect the health and safety of everyone

in the workplace, and ensure that adequate welfare facilities

are provided for people at work.

TYPE OF HAZARDS AT THE WORKPLACE

1. Office environment

Poor elements of temperature, lighting and air quality inside the office can cause

headaches, eyesore, nose and throat problems, stress etc to the workers. Correct

setting and combination of these elements should be maintained to ensure healthy

and comfortable working environment. To prevent such ill-health in the office

employers shall ensure the following that:

10
  A comfortable temperature must be maintained. Most people work

comfortably at temperature between 20 - 26 degree Celsius. Almost all

office in Malaysia use air-conditioning system to maintain the comfortable

temperature.

 Adequate lighting must be provided. Where possible offices should have

natural lighting. When artificial lighting is used it should be sufficient so

as to avoid visual fatigue and prevent glare or reflection into the workers

eyes.

 Ventilation must be adequate. Office should be ventilated either naturally

or artificially. For most office opening windows or doors will provide

adequate ventilation. Where mechanical ventilation or air-conditioning is

provided make sure the system is regularly checked, kept clean and well

maintained to prevent a growth of organisms.

2. Work equipment

Work equipment covers many types of machinery ranged from photocopy,

shredder, computers, scanners, vacuum, hand tools and ladders. Employers have a

duty when selecting and providing employees with equipment. The important

points for selecting equipment are:

 Selecting the right equipment for the job;

 Making sure the equipment is safe to use;

 Keeping equipment safe through regular maintenance, inspection and, if

appropriate, thorough examination;

 Training employees to use equipment safely and follow manufacturers or

suppliers instructions.

11
3. Manual handling

Manual handling is transporting or supporting loads by hand or using bodily

force. Many people hurt their back, arms, hands or feet lifting everyday loads and

not just when the load is too heavy. Upper limb disorders such as those relating

to the neck, shoulders, arms, wrists, hands and fingers can happen in almost any

workplace where people do repetitive, or forceful manual activities in awkward

postures, for prolonged periods of time. These can cause muscular aches and

pains, which may, at first, be temporary. However, if such work is not properly

managed and the early symptoms are not recognized and treated, they can

progress to a chronic and disabling disorder.

4. Slips, trips and falls

Slips, trips and falls are the most common cause of major injuries at work. Its can

caused serious injury or illness such as broken bones, sprains, strains of joints,

adjacent muscles and fractures. Almost all slips happen when floors are wet or

dirty (for example contaminated with water, oil, food debris, dust etc). If the floor

has a smooth surface (for example the surfaces of standard vinyl, glazed ceramic

tiles, varnished wood and some metal floors are all often very smooth) even a tiny

amount of contamination can present a real slip problem.

Trips generally take place on damaged, uneven and badly laid floors or because

obstacles have been left where people do not expect to find them. People rarely

slip on clean dry floors. Employer shall provide and maintain good condition and

housekeeping in avoiding most trip and fall injuries at work.

5. Electrical hazards

12
According to the Albert Einstein College of Medicine, an average of one worker

is electrocuted on the job every day of every year. Electrocution is the cause of

12% of all workplace deaths among young workers. One might be exposed to

electrical hazards due to:

 Touching two wires that are at different voltages at the same time

 Touching both live wires of a 240 volt cable

 Wearing wet clothing, the presence of water, perspiration & high humidity

 Touching exposed wires

 Touching defective electrical equipment which is energized

The dangers from electrical shock depend on amount of electric current, duration

of electric current and path of electric current. High voltages can cause additional

injuries such as violent muscular contractions, falls, internal bleeding and

destruction of tissue, nerves and muscles.

Electrical hazards at workplace can be found at:

 Inadequate wiring

 Exposed electrical parts

 Overhead power lines

 Wires with bad insulation

 Electrical systems and tools that are not grounded or double-insulated

 Overloaded circuits

 Improper grounding or lack of grounding

 Damaged power tools and equipment

13
  Using the wrong tool

 Using the wrong PPE

 Defective ladders and scaffolding

 Ladders that conduct electricity

 Wet location, equipment, or worker

REQUIREMENTS OF ACTS, REGULATIONS, GUIDELINES AND CODE

OF PRACTICES

The Occupational Safety and Health Act 1994 (Act

514) Section 15 and Section 17 require employers and

self-employed persons to ensure so far as is practicable,

the safety, health and welfare of their employees and other persons not being their

employees who may be affected by their work activity. These shall include:

1. Provision and maintenance of workplace and systems that are safe and

without risks to health;

2. Making such arrangements to ensure safety during operation, handling,

storage and transportation;

3. Provision of information, instruction, training and supervision to ensure safety

and health at the workplace;

4. Provision and maintenance of safe and healthy working environment at the

workplace.

14
The employees also have a duty under the Section 24 while at work:

1. To take reasonable care of the safety and health of one-self and other persons;

2. To cooperate with his employers or others persons in the discharge of any

duty;

3. To wear any protective equipment provided by the employer;

4. To comply with any instruction and measure on safety and health.

Specific requirements and guidance on OSH at a workplace can be found in the

Guidelines on Occupational Safety and Health in the Office, 1996.

EMPLOYER’S INTERVENTION TO ENSURE SAFETY AND HEALTH AT

THE WORKPLACE

Safety and Health Policy

The employer must prepare a written statement of his general

policy with respect to the safety and health at work of his

employees and the arrangement for managing safety and health

in the workplace. It should begin with a policy statement on

how the employer intends to comply with the law. The statement should be based on

an identification of the hazards and an assessment of the risks in the office.

Employees should be informed of the policy. The risks assessment results should be

incorporated into the safety and health policy where appropriate.

In preparing the statement it is useful to review the most common causes of office

accidents and if these hazards exist in your office, deal with them in the statement.

15
The statement should name those people in the office who are responsible for

ensuring that safety controls are put and retained in place.

First Aid

A first-aid box should be available in the office and kept fully stocked. Someone

should be appointed to look after it, take charge in an emergency and call an

ambulance. The smaller office might not need a trained first-aider but the bigger

office should have an appropriate number of trained first-aiders, depending on the

risk involved, the accidents likely to arise, the size and location of the office, the

distribution of employees and the distance from external medical services. For more

details please refer to The Guide on First-aid Facilities in the Workplace 1996.

Accident Reporting

The Occupational Safety and Health Act 1994 require an employer to notify the

nearest occupational safety and health office of any accident, dangerous occurrence,

occupational poisoning or occupational disease which has occurred or is likely to

occur at the place of work. For further detail please refer to the Occupational Safety

and Health (Reporting of Accident, Dangerous Occurrences, Occupational Poisoning

and Occupational Diseases) Regulations.

Safety and Health Training

The types of training required for office workers include;

Induction - so that new entrants get to know the basics

such as fire evacuation, good housekeeping, electricity

and VDU safety and the safety and health policy.

16
Skill - so that staff who have specific responsibilities under the safety and health

policy can undertake them in a competent manner e.g. manual handling training,

VDU assessment, office inspections and accident investigations.

Management training - which gives a good overview of the law including guidance

and need for risk assessment and preparing safety management programmes.

CONCLUSION

For a well organised office the safety and health policy should spell out the training

programme and commitment to provide resources to implement it. The key to

induction and skill training is that office workers require the knowledge to do what is

expected of them. Management training involved in particular understanding the

process of risk assessment and their legal obligations. The

training can be based on the accident trends for the office

environment such as slips, trips and fall, back injuries from

manual handling, upper limb disorders etc.

17