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• This legislation was made considering the fact that the Factory and Machinery Act 1967 only

covers OSH in manufacturing, mining, quarrying and construction industries, whereas the other industries are not covered 0 • is a piece of Malaysian Legislation which has been gazette on the 25 February 1994 by the Malaysian Parliament.

• Covers all industries

OSH Act 1994
Occupational Safety & Health Act 1994

The Act applies throughout Malaysia to the industries specified in the First Schedule, nothing in this act shall apply to: • Aboard ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak. • Armed Forces.

OSH Act 1994
Occupational Safety & Health Act 1994

First Schedule

• • • • •

• • • • •

Manufacturing Mining and Quarrying Construction Agriculture, Forestry and Fishing Utilities: - Electricity; - Gas; - Water; and - Sanitary Services Transport, Storage and Communication Wholesale and Retail Trades Hotel and Restaurants Finance, Insurance, Real Estate and Business Services Public Services and Statutory Authorities

OSH Act 1994
Occupational Safety & Health Act 1994

Objectives of Act :
• for securing the safety, health and welfare of persons at work; • protect persons at a place of work other than employees • promote a suitable environment for persons at work;

• enable previous legislation to be replaced by regulations and approved industry codes of practice operating in combination with the OSH Act 1994

• Occupational Safety and Health (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995 • Occupational Safety and Health (Control of Industry Major Accident Hazards) Regulations 1996 • Occupational Safety and Health (Safety and Health Committee) Regulations 1996 • Occupational Safety and Health (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations 1997 • Occupational Safety and Heath (Safety and Health Officer) Regulations 1997 • Occupational Safety and Health (Prohibition of Use of Substance) Order 1999 • Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 • Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004

Regulations under Act

What is the difference between OSH Acts and Regulations? An OSH Act sets out requirements to ensure that workplaces are safe and healthy. Regulations explain the duties to be enforced in order to control the risks associated with workplace hazards.

Direct employer / the owner of an industry / a person with whom an employee has contract and services Manager, agent, occupant , representatives, Government Departments, Local Authorities (PBT), Statutory Bodies (Badan Berkanun)

Employer

Employer’s responsibilities :

(Part IV, Section 15-19)

• ensure the safety, health and welfare at work of all his employees and visitors;

• the provision and maintenance of plant and systems of work to ensure safety and without risks to health;
• make arrangements for safety and absence of risk to health in the use of plant and substances; • provide information, instructions, training and supervision to ensure safety and health; • maintenance of place of work and working environment to ensure safety and without risk to health

Penalty

(Part IV, Section 15-19)

Penalty For Non Compliance : • A fine not exceeding RM50,000 or • Imprisonment not exceeding 2 years • Or both Other Penalty / Fine • Common Law : Affected person (employee or public) may take legal action against the organization under the Civil Law (Common Law).

• A person who is employed and be paid under the contract on or in connection with the industry • Employed directly by the employer

• Employed by the employer under the supervision of the employer or his agent
• The services are lent or hired by the employer

Employee

Employee’s responsibilities :

(Part VI, Section 24-27)

• take reasonable care of his own safety and health and others that may be affected by his actions; • cooperate with his employer to comply by the Act and its regulations; • wear or use protective equipment provided by the employer; • comply with instructions instituted by the employer on occupational safety and health

Penalty

(Part VI, Section 24-27)

Penalty for non compliance : • A fine not exceeding RM1,000 or • Imprisonment not exceeding 3 months • Or both

“Responsibilities to ensure the safety and health at the workplace lies with those who create the risk and with those work with the risk”

FMA 1967
Factory & Machinery Act 1967 • This legislation was made considering the fact that the 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. • Enacted on February 1994 • Covers all industries

• take reasonable care of his own safety and health and others that may be affected by his actions; • cooperate with his employer to comply by the Act and its regulations; • wear or use protective equipment provided by the employer; • comply with instructions instituted by the employer on occupational safety and health

Safety & Health ORGANISATIONS

• DOSH
HUMAN RESOURCE MINISTRY • NIOSH • SOCSO
Safety & Health ORGANISATIONS

• To study and review the policies and legislations of occupational safety and health. • To enforce the following legislations : a) Occupational Safety and Health Act 1994 and its regulations. b) Factories and Machinery Act 1967 and its regulations. c) Part of Petroleum Act 1984 (Safety Measures) and its regulations.

DOSH Department of Safety and Health

• To conduct research and technical analysis on issues related to occupational safety and health at the workplace. • To carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health. • To carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health. • To become a secretariat for the National Council regarding occupational safety and health

DOSH Department of Safety and Health

• is committed to ensure a safe and healthy working environment to all employees and others involved in or affected by its operation taking into account statutory requirement and relevant national and international standards and codes of practices. • implementation and effectiveness of this policy is a line management responsibility together with the participation and involvement of all employees. • will ensure that adequate resources, training and time are made available.

• OSH matter will be given equal priority with other major business objectives

NIOSH
National Institute of Occupational Safety and Health

• an organization set up to administer, enforce and implement the Employees' Social Security Act, 1969 and the Employees' Social Security (General) Regulations 1971. • provides social security protection by social insurance including medical and cash benefits, provision of artificial aids and rehabilitation to employees to reduce the sufferings and to provide financial guarantees and protection to the family. • SOCSO is the abbreviation for Social Security Organization. It is commonly known in the Malay term as PERKESO or Pertubuhan Keselamatan Sosial.

SOCSO Social Security Organization