OSH legislation in Malaysia

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Why the OSHA 1994
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Prior to the OSHA 1994, the FMA 1967 was the primary legislation on occupational safety and health matter. However, the FMA 1967 has the following disadvantages:
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Scope is limited to only the manufacturing sector Prescriptive, detailed regulations Too dependent on the government

And hence, the formulation of the OSHA 1994, which covers all aspects of the economy including the public services and government bodies.

Occupational Safety and Health Act 1994    OSHA 1974 was gazetted in Feb 1994 based on intensive study of 1988 -1992 accident statistic Covers all sectors of the economy EXCEPT the armed forces and those on board ships (who are subjected to the Merchant Shipping Ordinance 1952. Administered and enforced by the Department of Occupational Safety & Health (DOSH) under the Ministry of Human Resources. 3 . and Merchant Shipping Ordinance 1960 of Sabah and Sarawak).

To promote an occupational environment at the workplace that is adapted to their physiological and psychological needs. 4 .Objectives of OSHA 1994     To ensure the safety. To provide means of developing regulative system and industry codes of practice to maintain/improve OSH standards. To protect non-employees at a workplace from risks to safety and health arising from workplace activities. health and welfare of persons at work against risks to safety and health arising from workplace activities.

suppliers 5 .Philosophy and Guiding Principles  “Responsibilities to ensure safety and health at workplaces lies with those who create the risk and with those who work with the risk. designers. workers   Self regulation Tripartite approach: government. manufacturers.” Employees. employer and employees at workplace Employers.

equipment. including the operation of machineries and handling of toxic substances.-Section 19 6 . formulate a written policy on OSH matters and inform all employees regarding the policy. Provide information. are carried out safely and without health risk.General Duties of an Employer/self employed (P IV)      Provide and maintain systems of work including machineries. –Section 16 Penalty for failure to comply: RM 100. instruction. training and supervision to ensure that all activities. For employers with more than five employees. –Section 15 Provide a safe workplace for both employees and visitors. tools. and storage and transportation facilities that are safe and without health risk.000 or two years imprisonment or both. with adequate means of access and exit and welfare facilities.

Penalty for failure to comply: RM 20. 7 .000 or two years imprisonment or both. To provide sufficient information and training to ensure the safe use of machineries or substances supplied.-Section 20 To ensure the safe installation of machineries supplied. To carry out necessary research to minimize any risk to safety or health that may arise from machineries and substances supplied. To arrange for necessary testing of machineries or substances supplied.General Duties of a Designer /Manufacturer /Supplier (P V)       To ensure that machineries or substances supplied are safe and without health risks when properly used.

at all times.000 or three months imprisonment or both. 8 .General Duties of an Employee (P VI)      To take care to ensure the safety of himself and other persons. To wear or use. any protective equipment or clothing provided by the employer. recklessly or negligently interfere with or misuse any item provided or activity carried out in the interest of OSH in pursuance of the OSHA 1994.Section 25 Penalty for failure to comply: RM 1. To provide full cooperation to the employer and other persons in complying with the requirements of OSHA 1994.-Section 24 Not to intentionally.

accidents. Among the committee’s functions are  review OSH measures undertaken.  recommend corrective action. assessing and controlling workplace hazards.Safety and Health Organisation (P VII)      An employer with 40 or more employees must establish an OSH committee. The committee provides a path for consultation and cooperation between management and workers in identifying. near-misses.000 or six months imprisonment or both 9 .  investigate possible hazards. -Section 30 Both management and workers must have adequate and equal representation in the committee. Penalty for failure to comply: RM 5.  inspect the workplace.

 investigate possible hazards.Safety and Health Officer    Employers in certain high-risk industries. have experience in the area of OSH of at least 10 years. must appoint a qualified Safety and Health Officer. with greater than a given number of employees.  advise on and assist in OSH measures to be taken. 10 . accidents.  inspect the workplace to identify and correct potential hazards. –Section 29 The officer must have completed a training course in OSH and passed all required examination. near-misses. Among the officer’s functions are:  prepare & submit monthly reports on OSH matters.  act as the secretary to the safety and health committee.  collect and analyze OSH statistics. and be registered with the Director General of OSH.

Other factors such as machinery breakdown. 11 .Factors contribute to Workplace Accidents      Lack or no training on the job Absence of clear safe working procedures. Lack of on-the-job supervision. Act of negligence on the part of the workers. poor plant/machinery maintenance etc.

Regulations under the OSHA 1994      OSH (Control of Industrial Major Accident Hazards) Regulations 1996 OSH (Safety and Health Committee) Regulations 1996 OSH (Safety and Health Officer) Regulations 1997 OSH (Classification. Packaging and Labeling of Hazardous Chemicals) Regulations 1997 OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 12 .

(Regulation 14(c)). the client can ask for the advice of the planning supervisor who must be in a position to give it. clients‟ duties have to be pointed out to them by designers (Regulation 13(1))-applies to all who design. In the engagement of designers and contractors and in the formal appointment of the principal contractor.Roles & Duties   Under CDM.Construction (Design & Management) Regulations (CDM) . 13 .

  The client has to provide the planning supervisor with information about the site or premises relevant to his functions. including matters that designers must take into account. (R13)   Take reasonable steps to ensure that the client for the project is aware of his duties under the Regulations Ensure that the design they prepare includes adequate regard to:  Avoiding foreseeable risks to the health and safety of anyone carrying out construction or cleaning work. (Regulation 11. or persons who may be affected by such work.50) Designers have to. ACoP Para.  Giving priority to measures which protect all persons carrying out the work or persons affected by the protection of the individual person carrying out the work 14 .

  Designer is only responsible for including within the design matters which were reasonably foreseeable at the time the design was prepared. buildability. Designers have to. including cost. (ACoP Para. Designer also make clear that health and safety is only one of the balance of consideration to be taken into account. 57) 15 . aesthetics and environment impact. (R13) (cont’d)   Ensure that the design includes adequate information about the affect on health and safety of any aspects of the project Co-operate with the planning supervisor and with any other designer. fitness for purpose.

The client must see that the plan has been developed to an appropriate degree (Regulation 10. (Regulation 15(1)and(3)). 16 . Planning supervisor ensures that the file is started which will contain information relevant to construction. The plan is produced to manage the risks that appear from the design process. so that the residual risks are clear. and to enable reliable performance by a competent contractor. maintenance and repair work on the completed structure (Regulation 14(d)).    Designers’ intention and assumptions about health and safety must be stated. (Regulation 13(2)(b)). ACoP 48).

Concept and feasibility:    Can the footprint of the structures be arranged so as to assist traffic circulation and safe access to the street on an awkward site? Can major services be avoided or diverted? Can areas of contamination be avoided? 17 .The role of the designer considered   The designer is concern greatly with risk avoidance and reduction in design.

 Scheme and detail design:     Will precast construction reduce exposure in potentially dangerous locations? Can ground level prefabrication be adopted? Could work below the steel erectors be completed first? Can work at heights be assisted by jointing detail? 18 .

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320.  „Construction (Design and Management) Regulations 2007 (CDM). 2007 No.Thank you References  „Occupational Safety and Health Act 1994 (Act 514). 2004 Kuala Lumpur on behalf of Malaysian Government. 20 . PNMB.

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