OCCUPATIONAL SAFETY AND

HEALTH ACT 1994

(OSHA 1994)

Workshop on Introductory to Occupational Health

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 OBJECTIVES
1. To discuss the prescriptive versus self-regulated
approach of OSH legislations;
2. To highlight the salient provisions of a typical
self-regulated approached legislations.
3. To highlight the regulations made under OSHA

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 CONTENTS

❖ Overview of OSH legislations

❖ Philosophy of OSHA
❖ Prescriptive versus self-regulation approach
❖ Salient provisions of OSHA
❖ Regulations made under OSHA

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 DEVELOPMENT OF OSH
LEGISLATIONS - SUMMARY
❖ <1913 ❖ High risk machinery – boilers
❖ 1913-1953 ❖ Machinery safety
❖ 1953-1970 ❖ Machinery and industrial safety

❖ 1970-1994 ❖ Machinery, industrial safety,

industrial hygiene and health
❖ >1994 ❖ Occupational safety and health of
persons at work

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

❖ A typical self regulated approach legislations

❖ Philosophy: responsibilities to do something on
OSH is on those who created the risk and on
those who work with the risk
❖ Based on Duty of Care under common law
❖ Worker cooperation and participation
❖ Tripartite responsibilities – employer, workers and
government

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 SELF-REGULATION APPROACH
CHARACTERISTICS REMARKS
❖ Responsibility is on ❖ In-line with duties of
employers to regulate care
OSH ❖ Encourage motivation
❖ Employer knows on and innovation to
workers, materials and improve OSH
processes used ❖ OSH matters regarded
❖ Program initiation and at par with other
performance oriented management functions
❖ Workers cooperation ❖ Workers participation on
OSH matters

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 OSH Act 1994 vs Factories and
Machinery Act 1967
OSH Act 1994
SCOPE Cover all industries except for
armed forces & work on board
ships
APPROACH ◼ Self regulation
◼ Supported by codes of
practice, guidelines etc
◼ Tripartite responsibilities
◼ Workers cooperation and
participation
OBJECTS To safeguard safety, health
and welfare of persons at work
and those at the place of work
e.g visitor, contractor etc.
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FMA 1967
Covers only manufacturing,
construction, mining & quarrying
industries only
◼ Prescriptive
◼ Too dependant on regulations
and orders
◼ Dependent on inspection by
regulatory agencies
◼ Control of factories and
machinery
◼ Registration and inspection of
factories and machinery
 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994
SALIENT PROVISIONS
❖ Formation of Council on OSH
❖ Formulation of OSH policy
❖ General duties of employers
❖ General duties of workers
❖ General duties of designers, manufacturer and suppliers
❖ Protection against discrimination
❖ Formation of safety and health committees
❖ Safety and health officer
❖ Medical surveillance
❖ Notification of accident and diseases

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

FORMATION OF COUNCIL ON OSH

◼ Representatives of employers, employees,
government and NGOs (15 members)
◼ Chairman (appointed among the members)
◼ Functions – power to ensure meeting objects of
the law
◼ Investigate, report and recommend to the
Minister

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

FORMULATION OF OSH POLICY

❖ Duty of employer (including self employed) to
prepare and as often revise a written policy
statement on OSH of his workers
❖ Organization and arrangement to implement policy
❖ Notify all workers

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994
GENERAL DUTIES OF EMPLOYERS
❖ Ensure, as far as is practicable, safety, health
and welfare at work of his employees
❖ Duties include –
– Provision and maintenance of plants and system
of work
– Arrangement for use or operation, handling,
storage and transport of plant and substance
– Provisions of information, instruction, training
and supervision
– Maintenance of place of work and safe access
and egress
– Working environment and welfare facilities
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12 Colour coded disposal container for contaminated items.
 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994
GENERAL DUTIES OF WORKERS
❖ Reasonable care for himself and other persons
❖ Cooperate with employers in compliance with the
law
❖ Wear/use protective equipment and clothing
provided
❖ Comply with instructions and measures on OSH

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

GENERAL DUTIES OF DESIGNERS, MANUFACTURER

AND SUPPLIERS – PLANTS AND SUBSTANCE

▪ Design, constructed/formulate to be safe and

without risk to health
▪ Carry out testing and examination to ensure above
▪ Adequate information on the use as design, test
results and any other conditions

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

PROTECTION AGAINST DISCRIMINATION

❖ Not to dismiss, injure or alter position to the

worker’s detriment –
– Complaints about matter which he considers no
safe
– A member of the safety and health committee
– Exercise function as safety and health committee
members

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994
SAFETY AND HEALTH COMMITTEES
❖ Committees to be formed –
– If there are more than 40 workers
– Instructed by the Director General
❖ Separate regulations on establishment and
functions of S&H committees –
– Assist develop rules and safe system of work
– Review effectiveness of program
– Studies on trend and report on unsafe conditions and practices
– Review policy and make recommendation
❖ Employer to consult the committees in developing
measures and ensuring effectivenes

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

SAFETY AND HEALTH OFFICER

❖ Certain industry to engage full time safety and

health officer
❖ Type of industries spelt in an Order e.g.
– Manufacturing with more than 500 workers
– Chemical, timber, metal work etc. with more than 100 workers
❖ Function – ensure compliance with the laws and
regulations and promote the safe conduct of work

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 OCCUPATIONAL SAFETY AND
HEALTH ACT 1994

❖ Medical surveillance

❖ Notification of accident and diseases

❖ Penalty
Maximum fine of RM 50,000 or
Jail sentence of maximum 5 years or both

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 Regulations and Orders
❖ Regulations
– Safety and health policy exception
– Control of industrial major accident hazards
– Safety and health committee
– Safety and health officer
– Classification, packaging and labelling
– Use and standard of exposure to chemicals
hazardous to health
❖ Orders
– Prohibition of substance
– Industries to employ safety and health officer

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 Control of Industrial Major
Accident Hazards (CIMAH)
❖ Define major hazard installation
- an industrial activity which produces, processes,
handles, uses, disposes of or stores one or more
hazardous substance listed in the schedule
❖ Responsibility of manufacturer to identify his
industrial activity establish good management
system for controlling any major accidents
❖ Employees shall act safely and notify employee or
(officers) of potential hazard.
❖ Responsibilty of manufacturer to provide information
to the public
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 Installation Under CIMAH

0 (2) 2 (8) 1 (21)

9 (12)
2 (1)
14 (17) WP Labuan
18 (10)

8 (24)
11 (17)
5 (13)
14 (26)
36
2 (20) (79)

5 (13)
24(37) MHI = 149
NMHI = (301)
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Last Updated: May 2001
 Safety and Health Committee
❖ Committee members
– chairman, a secretary,
– representatives of employer and employees (nominate own).
❖Duty of employer
– prepare and promote rules on safety and health
– furnish each employee with a copy of rules
– ensure meetings take place at least once in three months
– members of committee understand functions of the committee
– effectively and provide the necessary training.
❖Functions of committee
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 Safety and Health Committee
Functions of committee
❖ Assist in develop of OSH rules and safe systems of
work
❖ Review effectiveness of OSH programmes
❖ Study trend of accidents, near-miss accidents,
dangerous occurrences, occupational poisonings or
diseases at work
❖ Inspect of workplace shall be done at minimum 3
monthly, or as soon as possible after any ‘ incident’ has
occurred in the place of work and remedial action
needs to be taken.
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 Safety and Health Officer
❖ Registration
❖ Continuous education – at least once in a year
❖ Employer support
❖ SHO duties
– To advise & assist employer &carry out instructions
pertaining OSH.
– conduct workplace inspections and investigations
– collect, analyse and maintain relevant statistics
– become secretary of Safety and Health Committee

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 Classification, Packaging and Labelling
of Hazardous Chemicals
Duty of supplier
❖ classify hazardous material
❖ good packaging
❖ proper labelling
1) name of hazardous material
2) the name, address and telephone number of supplier
3) danger symbol (schedule2)
4) nature of special risk (schedule 3) and
5) safety measures (schedule 4).
❖ Chemical Safety Data Sheet

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 Classification, Packaging and
Labelling of Hazardous Chemicals
CATEGORIES OF HAZARD

PART A: BASED ON PART B: BASED ON

PHYSICOCHEMICAL HEALTH EFFECTS
PROPERTIES – Very Toxic
– Explosive – Toxic
– Oxidising – Corrosive
– Extremely Flammable – Harmful
– Irritant
– Highly Flammable
– Flammable

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 Classification, Packaging and
Labelling of Hazardous Chemicals

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 Classification, Packaging and
Labelling of Hazardous Chemicals
CHEMICAL SAFETY DATA SHEET (CSDS)

1) Chemical product 8) Physical and chemical

2) Composition properties
9) Stability and reactivity
3) Hazard identification 10) Toxicological information
4) First aid measures 11) Ecological information
5) Accidental release measures 12) Disposal information
6) Handling and storage 13) Transport information
7) Exposure controls and PPE 14) Date of preparation of the
CSDS

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 THANK YOU

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