Evolution of OSH Legislation

The Factories and Machinery Act 1967

provided the main thrust of OSH
Legislation. But many workplaces fall
outside the definition of a factory!
 RECOMMENDATIONS BY LORD
ROBENS 1972
• 1. More Self Regulation
• 2. A Single Comprehensive Act
• 3. Act supported by Regulations and
Codes.
 SAFE WORK CULTURE
A set of values, beliefs, attitude and
practices that promotes safe behavior

 Understand
 Belief
 Leadership
 SAFE WORK CULTURE
• Prescriptive VS Self-Regulation

• Prescriptive methods ( e.g. FMA 1967 ) is

not the best option.

WHY?
 PRESCRIPTIVE
1. Government tells Industry what to do in
detail
. Experts
. Large staff to enforce
. Very expensive
2. Industry just follows without
understanding
 SELF REGULATION
• Government provides guidelines on what
is needed
• Employer finds the best way of doing it

- Reasonable and practicable

- Meets minimum standards
- Preferably best practice
 SELF REGULATION
To achieve good Safety and Health
Practice
. Safety and Health needs to be managed
like other aspect of business
- Finance
- Human Resource
- Production
- Quality
 SELF REGULATION
Management needs to understand that
good Safety and Health performance is
essential to business

E.g.- Du Pont
- Intel
- CICM-Responsible Care Program
 DUTIES OF EMPLOYERS
• SECTION 15(1)

• Employer to
ensure, so far as
is
practicable,
safety and
health and
welfare of his
workers
 Consequences of S.15(1)
• Duty of care under
common law now
becomes a legal duty
of the employer to
provide the necessary
care to his employees

• Non-compliance is a
crime
DUTIES OF EMPLOYER
SECTION 15(2)
. Provide and maintain
plant and system of
work
. Make arrangements
for the safe use,
operation, handling,
storage and
transportation of
substances and plant
DUTIES OF EMPLOYERS
Section 15(2) (continue)
.Provide information,
instruction, training and
supervision
. Provide and maintain place of
work and means of access
to and egress from any
place of work which is safe
and without risk to health
DUTIES OF EMPLOYER
SECTION 15 (2) (continue)

. Provide and maintain

working environment that is
safe and without health risk
and adequate welfare
facilities
 Consequences of S.15(2)
• Establish programs on the provision,
maintenance and procedure for the safe
use of plant and substances e.g.
purchasing procedure, SOPs, work permit,
maintenance schedule etc.
• Establish training, education and
supervisory programs for new employees
and continuous training and education
programs on existing employees.
 Consequences of S.15(2)
• Establish programs to ensure workplaces
are safe e.g. housekeeping, lighting,
inspection etc.

• Establish industrial hygiene programs to

ensure healthy working environment e.g.
monitoring, PPE, testing LEV etc.
 Duties of Employers
Section 16
Employer to prepare
written safety and
health policy

Set the organization

and arrangements
Consequences of S.16
• Commitment of the employer
• Safety and health will be
integrated within the mission,
goal and objectives of
organization
• Setting up of system to
manage safety and health
• Clarity and transparency in
the conduct of business
 DUTIES OF EMPLOYERS
SECTION 17
. Conduct his undertaking
such that other persons not
his employee are not
affected by it.
. Provide information to others
on the possible effects from
the conduct of his
undertaking.
 Consequences of S.17
• Carry out assessment of risk in carrying out the
undertaking and reducing the risk to acceptable
level (1:1,000,000) e.g. HAZOP, HAZAN, safety
report etc.
• Establish emergency response program.
• Establishing community programs to inform the
neighborhood measures to be taken during
emergencies e.g. Responsible Care Program,
off-site emergency program etc.
 DUTIES OF EMPLOYEES
Section 24(1) It shall be the duty of every
employee while at work –

(a) To take reasonable care for the safety

and health of himself and of other persons
who may be affected by his acts or
omissions at work;
 DUTIES OF EMPLOYEES
Section 24(1)

(b) To co-operate with his employer or any

other person in the discharge of any duty
or requirement imposed on the employer
or that other person by this Act or any
regulation made thereunder;
 DUTIES OF EMPLOYEES
Section 24(1)

(c) To wear or use at all times any protective

equipment or clothing provided by the
employer for the purpose of preventing
risks to his safety and health; and
 DUTIES OF EMPLOYEES
Section24(1)

(d) To comply with any instruction or

measure on occupational safety and
health instituted by his employer or any
other person by or under this Act or any
regulation made thereunder.
 DUTIES OF EMPLOYEES
Section 24(2)

A person who contravenes the provisions of

this section shall be guilty of an offence
and shall, on conviction, be liable to a fine
not exceeding one thousand ringgit or to
imprisonment for a term not exceeding
three months or to both.
Duty not to interfere with or misuse
things provided pursuant to certain
provisions
Section 25. A person who intentionally,
recklessly or negligently interferes with or
misuses anything provided or done in the
interest of safety, health and welfare in
pursuance of this Act shall be guilty of an
offence and shall, on conviction, be liable
to a fine not exceeding twenty thousand
ringgit or to imprisonment for a term not
exceeding two years or both.