Topic 1 - Introduction Osh Legislation

DUW10022 - OCCUPATIONAL SAFETY & HEALTH
TOPIC 1: Introduction to Occupational

Safety and Health Legislation
Topic 1: Introduction to Occupational Safety and Health Legislation
CONTENTS
1.1. Explain the concept of Occupational Safety

and Health (OSH)
1.1.1 OSH Legislation
1.2 Explain the importance of safety in

workplace
1.2.1 duty of care
1.3 Express statutory requirements

1.3.1 Objective of Occupational
Safety and Health 1994 (Act 514)
1.3.2 Employers’ Responsibilities
(Part IV, Section 15-19)
1.3.3 Employees’ Responsibilities
(Part VI, Section 24-27)
1.3.4 Objective of Factory and
Machinery Act 1967
1.3.5 Objective of environment and
quality act 1974 legislation and
What is
Occupational Safety
and Health?
(OSH)
Occupational?
Occupational refer to the everyday activities
that people do as individuals, in families and
with communities to occupy time and bring
meaning and purpose to life
Safety?
The condition of being safe;
freedom from danger, risk, or injury
Health?
The condition of being well or free
from disease or illness
to make workplaces safe for

workers so that they do not
suffer injuries.
to prevent the occurrence

of illnesses among workers
because of exposures at
their place of work.
History of Occupational Safety & Health

The role of OSH in Malaysia has been in existence
since 120 years ago, in the end of the 19 century.
 History, role and development department

• can be explained in five areas
1. Boiler Safety Era - before 1914
2. Machinery Safety Era - 1914 to 1952
3. Industrial Safety Era - 1953 to 1967
4. Industrial Safety and Health Era - 1970 to 1994
5. Occupational Safety and Health Era -after 1994
The OSH LEGISLATION

is an Act which provides the legislative framework
to secure the safety, health and welfare among all
Malaysian workforce and to protect others against
risks to safety or health in connection with the
activities of persons at work.
Why is Safety Important in the Workplace?
 Protects employees and the employer from

death or injury
 Teaches workers how to work in a safe environment
 Helps everyone feel safe and happy
 Teaches the workers to pay attention to their
surroundings.
 Protects companies from law suits, citations and
fines.
1.2.1 Duty of care
a) Each employer
(1) shall furnish a place of employment which are

free from recognized hazards that are causing
or are likely to cause death or serious physical
harm to his employees.
(2) shall comply with occupational safety and

health standards promulgated under this Act.
(b) Each employee
shall comply with occupational safety and health

standards and all rules, regulations and orders
issued pursuant to this Act which are applicable
to his own actions and conduct.
1.3 EXPRESS STATUTORY REQUIREMENTS
OCCUPATIONAL SAFETY AND HEALTH ACT 1994

(OSHA 1994)
An Act to make further provisions for

securing the safety, health and welfare
of persons at work, for protecting
others against risks to safety or health
in connection with the activities of
persons at work
…..About OSHA 1994
 Implemented on 25 February 1994
 As a guideline used by public and private

sectors in preparing the safety and health policy
in their workplace
OSHA 1994 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.
In this OSHA Act,
 The responsibility for OSH at workplace are

shared between employers and employees
 Moved from the era of direct government

supervision to the era of self-help and self-
regulation
 Implying bigger and more active role for

employers and employees
1.3.1 Objectives of OSH 1994 (Act 514)

1. To secure the safety, health and welfare of persons
at work against risks to safety or health arising out
of the activities of persons at work.
2. To protect persons at a place of work other than

persons at work against any risks to safety or health
arising out of the activities of persons at work.
3. To promote an occupational environment for

persons at work which is adapted to their
physiological and psychological needs.
4. To enable previous legislation to be replaced by

regulations and approved industry codes of practice
operating in combination with the OSH Act 1994
Topic 2:Occupational Safety and Health Legislation
Scopes of OSHA
Covers all working people in sectors:
 Manufacturing
 Mining (quarry)
 Construction
 Agriculture, Forestry and Fishery
 Utilities including electricity, gas, water, sanitary
services
 Transportation, storage and communication
 Wholesale and retail trades
 Hotels and restaurants, real estates and business
services
 Finance, insurance, public services and statutory
 Public Services and Statutory authorities
DUW1012- OCCUPATIONAL SAFETY & HEALTH
Topic 2:Occupational Safety and Health Legislation
Scopes not covered by OSHA

 Independent contractors of self-
employed individuals
 Farms employing only family members
and farms employing fewer than 10
employees with no migrant labor
housing
 Armed Forces
 On Board ships – covered by the

Merchant Shipping Ordinance 1952
and Merchant Shipping Ordinance
0f 1960 for Sabah & Sarawak
1.3.2 EMPLOYERS RESPONSIBILITIES

(PART IV, SECTIONS 15-19)
 Section 15 - General duties of employers and self-
employed persons to their employees
 Section 16 - Duty to formulate safety and health policy
 Section 17 - General duties of employers and self-
employed persons to persons other than
their employees
 Section 18 - Duties of an occupier of a place of work
to persons other than his employees
 Section 19 - Penalty for an offence under section 15,
16, 17 or 18.
SECTION 15
General Duties of Employers and Self-employed
persons to their employees
 Establish a safe work system
 Analyze risk at place of work
 Provide instructions, training and relevant
information to workers
 Provide and maintain a safe access and exit
route from work area
 Provide a safe work environment
SECTION 16
Duty to formulate Safety and Health Policy
 To prepare the written statement.

 Appropriately revise the written statement of
the general policy.
 The employee, the organization and arrangement
for the time being in force for carrying out that

policy.
 Revision of policy to notify the employees.
SECTION 17
General duties of employers and self-employed
persons to persons other than their employees
1. Duty of employer to person other than their

employees.
 To conduct his undertaking in safe manner,
as far as practicable.
 To inform about the risks associated with
their undertakings to person other than their
employees at work.
…..continuation
2. To give person, not being his employees, who
may be affected by the manner in which he

conduct his undertakings:
 prescribed information or such aspects of the
manner in which he conduct his undertakings
as might affect their safety/health
SECTION 18
Duties of an occupier of a place of work
to persons other than his employees
Shall take such measures as are practicable to
ensure that the premises, all means of access
there to and egress there from available for use
by persons using the premises, and any plant or
substance in the premises or provided for use
there, is or are safe and without risks to health
SECTION 19
Penalty for offence under Sections 15, 16, 17 & 18
FINE
NOT EXCEEDING RM50,000.00
OR
IMPRISONMENT
for a term not exceeding 2 (two) years
BOTH
SUMMARY
 SECTION 15-19 requires employers to provide and
maintain:
 A safe working environment.
 Safe systems of work.
 Equipment are in a safe condition.
 Information, instruction, training and supervision
are adequate to ensure that each employee is safe
from injury and risk to health.
1.3.3 LIST EMPLOYEES RESPONSIBILITIES

(PART VI, SECTIONS 24-27)
 SECTION 24 – General duties of employees at

 work.
SECTION 25 – Duty not to interfere with or misuse
things provided pursuant to certain
provisions.
 SECTION 26 – Duty not to charge employees for
things done or provided.
 SECTION 27 – Discrimination against employee, etc.

SECTION 24
General Duties of Employees at Work
 Pay attention to own and others’ safety.
 Cooperate with employer in regard to

safety in accordance with Act.
 Wear PPE provided by employer.
 Obey any procedures instituted by

employer concerning safety.
SECTION 25
Duty not to interfere with or misuse things
provided pursuant to certain provisions
A person who intentionally, recklessly or negligently
interferes with or misuses anything provided or done
in the interests of safety, health and welfare in
pursuance of this Act shall be guilty of an offence and
shall, on conviction, be liable to a:
A fine not exceeding twenty thousand Ringgit
or
A term of imprisonment not exceeding two years
or
Both
SECTION 26
Duty not to charge employees for things
done or provided
No employer shall levy or permit to be levied

on any employee of his any charge in respect
of anything done or provided in pursuance of
this Act or regulation made thereafter.
SECTION 27
Discrimination against employee, etc.
 SECTION 27(1)
No employer shall dismiss an employee, injure him
in his employment, or alter his Position to his
detriment by reason only that the employee:
a) makes a complaint about a matter which he
considers is not safe or is a risk to health,
b) is a member of a safety and health committee
established pursuant to this Act, or
c) exercises any of his functions as a member of
the safety and health committee.
….continuation
 SECTION 27(2)
No trade union shall take any action on any of its
members who being an employee at a place of work:
a) makes a complaint about a matter which he

considers is not safe or is a risk to health,
b) is a member of a safety and health committee

established pursuant to this Act,
c) exercises any of his functions as a member of

the safety and health committee.
….continuation
 SECTION 27(3)
An employer who or a trade union which
contravenes the provision of this section shall be
guilty of an offence and shall on conviction, be
liable to:
A fine not exceeding ten thousand Ringgit

or
A term of imprisonment not exceeding one year
or
Both
….continuation
 SECTION 27( 4)
Notwithstanding any written law to the contrary,
where a person is convicted of an offence under
this section the Court may, in addition to imposing
a penalty on the offender, make one or both of the
following orders:
 an order that the offender pays within a specific
period to the person against whom the offender
has discriminated such damages as it thinks fit
to compensate that person
 an order that the employee be reinstated or re-
employed in his former position or, where that
position is not available, in a similar position
SUMMARY
 Section 24 -27 requires employees to:
 Use equipment provided for health
and safety purposes.
 Follow instructions and training related
to health and safety provided by the
employer.
 Comply with health and safety policies
of the work place.
 Report any situation at the workplace

which they believe is hazardous.
1.3.4 OBJECTIVES OF FACTORY & MACHINERY ACT 1967
 The Factory and Machinery Act 1967 is a piece of

Malaysian legislation which was enacted in 1967
as Act No. 64 of 1967.
 Revised on April 1, 1974 as Laws of Malaysia Act
139.
 The Act was gazette on February 1, 1970.
 Control of Machinery/Workers/
Place of work
 Machinery requiring a Certificate of

Approval from DOSH for use:
 Hoisting Equipment/
Steam Boilers/Pressure Vehicles
 Requirement of Certificate of Competency
 Crane Driver (mobile, tower)
 Scaffolding Installer
 Driver (boiler, steam engine, internal
 combustion engine)
 Engineer (boiler, steam engine,
 internal combustion engine)
1.3.5 OBJECTIVES OF ENVIRONMENT AND QUALITY

ACT 1974 LEGISLATION AND ENFORCEMENT
an Act relating to the prevention, abatement, control of

pollution and enhancement of the environment
Role of Safety and Health

Organizations in Malaysia
 Department of Safety and Health (DOSH)

Jabatan Kesihatan dan Keselamatan Pekerjaan (JKKP)
 National Institute of Occupational Safety and Health

(NIOSH)
Institut Keselamatan dan Kesihatan Pekerjaan Negara
 Social Security Organisation (SOCSO)

Pertubuhan Keselamatan Sosial (PERKESO)
FUNCTIONS
 To study and review the policies and legislations

of occupational safety and health.
 To enforce the following legislations:
 Occupational Safety and Health Act 1994 and its
regulations
 Factories and Machinery Act 1967 and its
regulations.
 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.
….continuation
 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.
1.4.2 Explain the role of National Institute of

Occupational Safety & Health (NIOSH)
 NIOSH Malaysia was established on 24 June 1992

as a Company Limited by Guarantee, under the
Malaysian Companies Act, 1965.
 NIOSH was set up with a RM50 million endowment
fund from the government.
VISION
To help create a safe and healthy work culture in
Malaysia.
MISSION
To become the centre of excellence for occupational
safety and health (OSH) in Malaysia.
FOUR CORE BUSINESS:

i. Training
ii. Consultancy
iii. Research and development
iv. Information dissemination
 OSH competency is essential towards ensuring

proper OSH Management
 Certifications in various areas include:
 Safety and Health Officer
 Occupational Health Doctor
 Occupational Health Nurse
 Occupational First Aider
 Industrial Hygiene Technician
 Chemical Health Risk Assessor
 Authorized Gas Tester
 Crane Operator
 Scaffolding Erecter
 Forklift Driver
1.4.3 Explain the role of Social Security

Organization (SOCSO)
SOCSO was established in 1971 under
the Ministry of Human Resources.
VISION
The Premier and Outstanding Leader in Social
Security
MISSION
To provide social security protection to employees and
their dependents through social security schemes and
to increase awareness of occupational safety and
Health for the well-being of employees and their families.
 SOCSO administers, enforce and implement

two types of social security scheme:
i. Employment Injury Insurance Scheme
- provides protection to workers from work
place injury, including occupational
diseases and work-related travel accidents.
ii. Invalidity Pension Scheme.
- provides 24-hour protection to employees
against invalidity or death regardless of the
cause.
THE END OF TOPIC 1

Topic 1 - Introduction Osh Legislation

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DUW10022 - OCCUPATIONAL SAFETY & HEALTH

TOPIC 1: Introduction to Occupational

1.1. Explain the concept of Occupational Safety

1.2 Explain the importance of safety in

1.3 Express statutory requirements

to make workplaces safe for

to prevent the occurrence

History of Occupational Safety & Health

 History, role and development department

The OSH LEGISLATION

Why is Safety Important in the Workplace?

 Protects employees and the employer from

1.2.1 Duty of care

(1) shall furnish a place of employment which are

(2) shall comply with occupational safety and

(b) Each employee

shall comply with occupational safety and health

1.3 EXPRESS STATUTORY REQUIREMENTS

OCCUPATIONAL SAFETY AND HEALTH ACT 1994

An Act to make further provisions for

…..About OSHA 1994

 Implemented on 25 February 1994

 As a guideline used by public and private

OSHA 1994 legislation was made considering the

In this OSHA Act,

 The responsibility for OSH at workplace are

 Moved from the era of direct government

 Implying bigger and more active role for

1.3.1 Objectives of OSH 1994 (Act 514)

2. To protect persons at a place of work other than

3. To promote an occupational environment for

4. To enable previous legislation to be replaced by

Scopes not covered by OSHA

 On Board ships – covered by the

1.3.2 EMPLOYERS RESPONSIBILITIES

 To prepare the written statement.

for the time being in force for carrying out that

1. Duty of employer to person other than their

2. To give person, not being his employees, who

may be affected by the manner in which he

1.3.3 LIST EMPLOYEES RESPONSIBILITIES

 SECTION 24 – General duties of employees at

 SECTION 27 – Discrimination against employee, etc.

 Pay attention to own and others’ safety.

 Cooperate with employer in regard to

 Wear PPE provided by employer.

 Obey any procedures instituted by

No employer shall levy or permit to be levied

a) makes a complaint about a matter which he

b) is a member of a safety and health committee

c) exercises any of his functions as a member of

A fine not exceeding ten thousand Ringgit

 Report any situation at the workplace

1.3.4 OBJECTIVES OF FACTORY & MACHINERY ACT 1967

 The Factory and Machinery Act 1967 is a piece of

 Machinery requiring a Certificate of

1.3.5 OBJECTIVES OF ENVIRONMENT AND QUALITY

an Act relating to the prevention, abatement, control of

Role of Safety and Health

 Department of Safety and Health (DOSH)

 National Institute of Occupational Safety and Health

 Social Security Organisation (SOCSO)

 To study and review the policies and legislations