AW101 OCCUPATIONAL SAFETY & HEALTH 1

TOPIC 2: OCCUPATIONAL SAFETY & HEALTH LEGISLATION

Contents
OSHA philosophies & objective Objective of OSHA 1994 Employers responsibilities (PART IV, sec. 15-19) Employees responsibilities (Part VI, sec. 24-27) Factory And Machinery Act 1967

Safety and health organisations in Malaysia :

1) DOSH 2) NIOSH

3) SOCSO
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OSHA philosophies & objective

SECURITY

HEALTH PROBLEMS

ENSURE WORKERS RESPECT

WELFARE

SAFETY

OSHA PHILOSOPHIES AND OBJECTIVES

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

OSHA 1994 Objective

to protect the safety, health and welfare in the workplace than those who work activities.
promoting a compatible workplace

environment
to maintain or improve the health and

safety standards
this act including those who work and who receive wages or paid by a party called the employer.
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HISTORY OSH LAWS IN MALAYSIA

EMPLOYERS RESPONSIBILITIES (Part IV, sec. 15-19)

PART IV SECTION 15-19 GENERAL DUTIES OF EMPLOYERS to ensure, so far as is practicable, the safety, health and welfare at work of all his employees.

PART IV SECTION 15-19 GENERAL DUTIES OF EMPLOYERS

Provision & maintenance of plant and system of work

Making of arrangements in connection with the use or operation for ensuring safety and absence

provision of such information, instruction , training

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PART IV SECTION 15-19 GENERAL DUTIES OF EMPLOYERS

Maintenance of the means of access to and egress from work place of work Provision and maintenance of a working environment

Provided adequate facilities & good working environment .

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PART IV SECTION 15-19 GENERAL DUTIES OF EMPLOYERS

prepare and revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization.

Arrangement the time being in force for carrying out that policy.

bring the statement and any revision of it to the notice of all of his employees.
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PART IV SECTION 15-19 GENERAL DUTIES OF EMPLOYERS

PENALTY of an OFFENCE fine not

exceeding RM 50,000.00 or imprisonment not exceeding 2 years or both.

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EMPLOYEES RESPONSIBILITIES PART IV, SEC 24-27

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PART VI SECTION 24-27 GENERAL DUTIES OF EMPLOYEES

(a) to take reasonable care for the safety and health of himself and of other persons
(b) to cooperate with the employer in the

discharge of requirement imposed by this act or any regulations (c) to wear any PPE or clothing at all times provided by the employer (d) to comply with any instruction on OSH instituted by his employer
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PART VI SECTION 24-27 GENERAL DUTIES OF EMPLOYEES

PENALTY FOR AN OFFENCE : fine not exceeding RM1000.00 or to imprisonment for a term not exceeding

three (3) months or both.

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Factory And Machinery Act 1967

OBJECTIVE Control of factories operations OSH & welfare of person Registration & inspection of machinery

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Factory

Premises involved , the boundaries of which can be defined There is labour going on in connection with one of the process specified Process involve making, altering, repairing , ornamenting , finishing , cleaning, washing, breaking up demolition or adapting for sale Process must be carried on by trade or for gain
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Safety , safety & welfare

Structurally premises with safe access to

work area , materials and goods must be safely stacked Machinery must be of sound construction and dangerous parts must be fenced Employees must not misuse safety & health equipment Employees not allowed to act in a way that could endanger the safety of himself or other person
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Part 2 :Safety, health & welfare

Premises must be kept in clean state
Persons must be supplied with adequate

facilities Employees must be trained on the safety of machinery

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Part 3 : Persons in charge and certificates of competency

Adequately trained for machinery operators or under supervision of a trained person
Young person (< 16 years) must not operate

machinery

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Part 4 :Notification of accidents , dangerous occurrence and dangerous diseases

The occupier must notify the nearest

inspector of accidents and diseases Including :a) Loss of life b) Injury to a person who loses > 4 days work (Loss time injury) c) Serious damage to machinery or other property
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Part 5 :Notice of occupation of factory & registration & use of machinery

Notify to DOSH within 3 months of intended

start date. Building operations must be notified if last > than 6 weeks. Inform to DOSH for any changes to use the factory or machinery Fill the standard form together others are needed
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Part 6 : General
General penalty RM 2000.00
Certain sections is RM 5000.00 Schedule machinery , injuries, disease

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Regulations under FMA

1) F & M ( certificates of competency examination)

2) F & M (electrical passenger and good lifts)

3) F & M (fencing of machinery and safety ) 4) F & M (notification of fitness and inspection )

5) F & M (person-in-charge)
6) F & M (safety, health & welfare) 7) F & M (steam boiler and unfired pressure vessel ) 8) F & M (administration)

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9) F & M (compounding the offence) Rules 1978 10) F& M (compounding the offence) Regulations 1978 11) F& M (Lead) Regulations 1984 12) F& M (asbestos process) regulations 1986 13) F& M (building operations & works of engineering construction)-safety regulations, 1986
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14) F & M ( noise exposure), regulation 1989 15) F &M (mineral dust), regulation 1989

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Organization
DOSH enforcement
NIOSH training SOCSO - welfare

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Functions of the DOSH

1. 2. 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. 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 provide advisory service and information to government and private agencies pertaining to management and technical aspects of occupational safety and health To become a secretariat for the National Council regarding occupational safety and health
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3. 4. 5. 6.