AGR255

OCCUPATIONAL
OCCUPATIONAL SAFETY
SAFETYAND
AND HEALTH
HEALTH ACT
ACT (OSHA)
(OSHA)1994
1994
 COURSE LEARNING OUTCOMES
At the end of the chapter, students should be able to:

• describe the regulation of OSHA 1994

• explain the objectives of OSHA 1994
• discuss the types of accidents at work
• describe the steps to ensure safety workplace
• discuss the ways to health of employees
 CHAPTER OUTLINE
4.1 - Introduction and Objective
4.2 - OSH Structure Function and Organizations in
Malaysia
4.3 - Occupational Diseases and Other Health Issues
4.4 - Accidents at Work
4.5 - Ensuring a Safe Workplace
4.6 - Improving the Health of Employee
 PART I

INTRODUCTION &
OCCUPATIONAL SAFETY
ANDOBJECTIVE
HEALTH ACT
(OSHA) 1994
 OCCUPATIONAL SAFETY
AND HEALTH IN MALAYSIA
 Department of
Occupational Safety
and Health (DOSH)
 LAWS ENFORCED BY DOSH

1. Factories & Machinery Act 1967(FMA 1967)

2. Occupational Safety and Health Act 1994 (OSHA 1994)
3. Petroleum (Safety Measures) Act 1984
 OSH LEGISLATION

This Act may be cited as the Occupational Safety and Health Act 1994.

This Occupational Safety and Health Act 1994 (Act 514) was approved by the Parliament in 1993 and
was gazette on February 1994.

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.

With the approval of this Act, starting from April 1994 the Department of Factory and Machinery has been
renamed as the Department of Occupational Safety and Health (DOSH) and the Inspectors are called
Occupational Safety and Health Officers.

It cover nearly all sectors except person working on board ships and the armed forces.
 CONT.
This Act also provide for….

 The appointments of enforcement officers,

 Establishment of National Council for
Occupational Safety and Health (NIOSH),
 Formation of policy and arrangement of
measures to protect safety, health and welfare
of people at work and others who might be
endangered by the activities of people at work.
COVERAGE OF TYPES OF INDUSTRY UNDER
THE ACT

The First Schedule of the Act enumerates the types of industry that will
come under the ambit of this legislation, and they are:
 Manufacturing  Transport, Storage and
 Mining and Quarrying Communication 
 Construction  Wholesale and Retail Traders 
 Agriculture, Forestry and  Hotels and Restaurants
Fishing  Finance, Insurance, Real
 Utilities - gas, electric, water Estate, Business Service
and sanitary services   Public Services and Statutory
Authorities
 SIGNIFICANCE OF COMPLIANCE WITH
THE SAFETY LAWS
• There are very good reasons why employers should put effort into providing a safe
system of work and insisting that employees implement the system.
• It may be difficult to accurately calculate the costs of industrial accidents but clearly they
are high, not only in financial terms, but also in relation to the suffering of those involved
in the accidents.

Some of these costs include:

 cost of wages paid to an injured worker who is on medical leave;
 cost of medical bills;
 cost of transporting injured worker to clinic or hospital;
 time cost of those involved in investigating and reporting the accidents;
 cost of repairs to machinery or goods damaged in the accident;
 cost of damage to the company image when media publicizes the accident;
 cost of lost production if the DOSH conducts an investigation into the accident; and
 cost of lowered morale amongst staff.
 OBJECTIVES OF OSHA
To secure the safety, health and welfare of persons at work;

To protect persons at a place of work;

To promote an occupational environment for persons at work which is adapted to their physiological and
psychological needs;
To provide the means (method) whereby the occupational safety and health legislations may be replaced by a
system of regulations and approved industry codes of practice operating;
To maintain or improve the standards of safety and health.

To promote and encourage occupational safety and health awareness among workers and to create organization
along with effective safety and health measures.

It measures any conflict in existing occupational safety and health laws such as the Factory and Machinery
Act 1967 and will overcome it.
 3 PRINCIPLES OF OSHA
There are three main principles that had been taken as the foundation
in the drafting of this Act.
 The first principle is self-regulation. To handle issues relating to occupational safety and health,
employers must develop a good and orderly management system. Starting with formation of a
safety and health policy and consequently employers have to make the proper arrangements to be
carried out.
 The second principle is consultation, where employers, employees and the government must
negotiate to settle issues and problems relating to occupational safety and health at the workplace.
 The third principle is co-operation, where employers and employees must co-operate to take
care, nurture and to increase the quality of occupational safety and health at the workplace.

Without co-operation between employers and employees, none of the occupational

safety and health programmes carried out would succeed.
 PART II
OSHOCCUPATIONAL SAFETY
STRUCTURE FUNCTION
AND IN
& ORGANIZATION HEALTH ACT
MALAYSIA
(OSHA) 1994
4.2
 THE ROLES OF SAFETY & HEALTH
ORGANIZATIONS IN MALAYSIA
There are several national bodies with occupational safety
and health implementation responsibilities in Malaysia,
including:

1. Department of Occupational 2. National Institute for 3. Social Security

Safety and Health (DOSH) Occupational Safety and Organization (SOCSO)
Health (NIOSH) or PERKESO
 DEPARTMENT OF OCCUPATIONAL SAFETY
AND HEALTH (DOSH)

It is also known as Jabatan Keselamatan & Kesihatan Pekerjaan (JKKP) and is a

department under the Ministry of Human Resources

This department is responsible for ensuring the safety, health and welfare of
people at work as well as protecting other people from the safety and health
hazards arising from the activities sectors which include:
 Manufacturing  Transport, Storage and Communication 
 Mining and Quarrying  Wholesale and Retail Traders 
 Construction  Hotels and Restaurants
 Agriculture, Forestry and Fishing  Finance, Insurance, Real
 Utilities - gas, electric, water and Estate, Business Service
sanitary services   Public Services and Statutory Authorities
 DEPARTMENT OF OCCUPATIONAL SAFETY
AND HEALTH (DOSH)

As a government agency, the department is responsible for the

administration and enforcement of legislations related to
occupational safety and health of the country, with a vision of
becoming an organisation which leads the nation in creating a safe
and healthy work culture that contributes towards enhancing the
quality of working life.
 ROLES OF DOSH

To prepare and preserve a workplace with a safe and health

working system
To investigate all accidents, poisonous or
dangerous occurrences in the workplace
To study and review the policies and legislations of occupational
safety and health (OSH). To carry out promotional and publicity
programs to employers, workers and the
To enforce the following legislations : general public to increase the awareness
- Occupational Safety and Health Act 199 of OSH by:
and its regulations. - Giving talks and explanations as well
- Factories and Machinery Act 1967 and as training on OSH;
its regulations. - Organising campaigns and
- Part of Petroleum Act 1984 (Safety exhibitions on OSH;
Measures) and its regulations.
To become a secretariat for the National
To conduct research and technical analysis on issues related to Council regarding OSH.
OSH at the workplace.
 NATIONAL INSTITUTE FOR OCCUPATIONAL
SAFETY AND HEALTH (NIOSH)

 On 1 December 1992, the National Institute of Occupational Safety

and Health (NIOSH) was established as a Company Limited by
Guarantee under the Malaysian Companies Act 1965.

 The role of NIOSH is to provide training and consultation services,

to disseminate information and to conduct research in the field of
occupational safety and health.

 NIOSH is committed to ensuring a safe and healthy work

environment conserve for all employees and those involved or
affected by its operations and conserve the environment based on
relevant legislations and standards.
NATIONAL INSTITUTE FOR OCCUPATIONAL
SAFETY AND HEALTH (NIOSH)

Core activities of NIOSH are:

• Training
• Consultation
• Research & Development
• Information dissemination
• Examination
NIOSH- Institut Keselamatan dan Kesihatan Pekerjaan Negara
 ROLES OF NIOSH

 To contribute towards efforts in upgrading occupational safety and

health through developing curriculum and training programmes for
workers and employees, employers and those who are responsible,
either directly or indirectly for occupational safety and health.

 To assist industry, commerce and others in solving problems

related to occupational safety and health.

 To assist those who are responsible for occupational safety and

health with the latest information in the field of occupational safety
and health in the country and overseas.
 ROLES OF NIOSH

 To conduct short-term and long-term research in occupational

safety and health related areas that will benefit and bring
advantages to the country.

 To disseminate information on research findings and to become the

centre of reference in the field of occupational safety and health.

 To prevent work-related illness, injury, disability, and death by

gathering information, conducting scientific research, and
translating the knowledge gained into products and services for
improving safety and health.
SOCIAL SECURITY ORGANIZATION (SOCSO)

 SOCSO officially known as Pertubuhan Keselamatan Sosial

(PERKESO) was mandated to administer and enforce the
Employee Social Security Act 1969 and Employee Social
Security General Rules 1971.

 Employees with a monthly income of RM3000 and below, along

with their employees are required to make contributions.

 Objective: To provide social security protection to all employees

and their dependants through social security schemes base on
the concept of caring society in line with the National
Development Policy and Vision 2020
 ROLES OF SOCSO

 SOCSO is able to provide free medical treatment, facility for

physical or vocational rehabilitation, and financial assistance to
employees if they have loss their abilities due to accidents or
diseases that have reduced their abilities to work or rendered
them incapacitated.

 If an employee has died, their dependants are provided for

financially through pensions.
 CONCLUSION

DOSH Provide a safe and health work environment for

all its employees and to protect other who may be
affected by its activities
NIOSH Responsible for conducting research and making
recommendations for the prevention of work-
related injury and illness
SOCSO Provide social security protection by social
insurance
 PART III
OCCUPATIONAL
OCCUPATIONAL SAFETY
DISEASES
AND
& OTHER HEALTH
HEALTH ACT
ISSUES
(OSHA) 1994
In the third edition of the ILO’s Encyclopedia of Occupational Health
and Safety, a distinction was made among the pathological conditions
that could affect workers in which diseases due to occupation
(occupational diseases) and diseases aggravated by work or having a
higher incidence owing to conditions of work (work-related diseases)
were separated from conditions having no connection with work.
However, in some countries work-related diseases are treated the
same as work-caused diseases, which are in fact occupational
diseases. The concepts of work-related diseases and occupational
diseases have always been a matter of discussion.
 CATEGORIES OF WORK AND DISEASE
 Many of these diseases with a
multifactorial etiology may be work-
related only under certain conditions.
 The subject was discussed at an
international symposium on work-
related diseases organized by the ILO
in Linz, Austria, in October 1992 (ILO
1993).
 The relationship between work and
disease could be identified in the
following categories:
Occupational diseases, having a specific or
a strong relation to occupation, generally
with only one causal agent, and recognized
as such
Work-related diseases, with multiple causal
agents, where factors in the work
environment may play a role, together with
other risk factors, in the development of such
diseases, which have a complex aetiology
Diseases affecting working populations,
without causal relationship with work but
which may be aggravated by occupational
hazards to health
CRITERIA FOR IDENTIFICATION OF OCCUPATIONAL
DISEASES IN GENERAL

Two main elements are

present in the definition of
occupational diseases:

The fact that these diseases

The exposure-effect
occur among the group of
relationship between a
persons concerned with a
specific working
frequency above the average
environment and/or activity
morbidity of the rest of the
and a specific disease effect
population.
DECIDING ON THE CAUSE OF A DISEASE IS NOT AN EXACT SCIENCE BUT
RATHER A QUESTION OF JUDGEMENT BASED ON A CRITICAL REVIEW OF ALL
THE AVAILABLE EVIDENCE, WHICH SHOULD INCLUDE A CONSIDERATION OF:

Strength of association. An occupational disease is one where there is an obvious and real increase in disease in
association with exposure to the risk.

Consistency. The various research reports have generally similar results and conclusions.

Specificity. The risk exposure results in a clearly defined pattern of disease or of diseases and not simply in an
increasing number of causes of morbidity or mortality.

Appropriate time relationship. The disease follows after the exposure and with an appropriate time interval.

Biological gradient. The greater the level of exposure, the greater the prevalence of severity of diseases.

Biological plausibility. From what is known of toxicology, chemistry, physical properties or other attributes of the
studied risk, it does really make biological sense to suggest that the exposure leads to a certain disorder.

Coherence. A general synthesis of all the evidence (human epidemiology, animal studies and so on) leads to the
conclusion that there is a causative effect in its broad sense and in terms of general common sense.
 PROPOSED ILO
LIST OF OCCUPATIONAL DISEASES
 1. Diseases caused by agents
  1.1 Diseases caused by chemical agents
    1.1.1 Diseases caused by beryllium or its toxic compounds
    1.1.2 Diseases caused by cadmium or its toxic compounds
    1.1.3 Diseases caused by phosphorus or its toxic compounds
    1.1.4 Diseases caused by chromium or its toxic compounds
    1.1.5 Diseases caused by manganese or its toxic compounds
    1.1.6 Diseases caused by arsenic or its toxic compounds
    1.1.7 Diseases caused by mercury or its toxic compounds
    1.1.8 Diseases caused by lead or its toxic compounds
    1.1.9 Diseases caused by fluorine or its toxic compounds
    1.1.10 Diseases caused by carbon disulphide
    1.1.11 Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydrocarbons
    1.1.12 Diseases caused by benzene or its toxic homologues
    1.1.13 Diseases caused by toxic nitro- and amino-derivatives of benzene or its homologues
    1.1.14 Diseases caused by nitroglycerin or other nitric acid esters
    1.1.15 Diseases caused by alcohols glycols or ketones
    1.1.16 Diseases caused by asphyxiants: carbon monoxide hydrogen cyanide or its toxic derivatives hydrogen sulphide
    1.1.17 Diseases caused by acrylonitrite
    1.1.18 Diseases caused by oxides of nitrogen
    1.1.19 Diseases caused by vanadium or its toxic compounds
    1.1.20 Diseases caused by antimony or its toxic compounds
    1.1.21 Diseases caused by hexane
    1.1.22 Diseases of teeth due to mineral acids
    1.1.23 Diseases due to pharmaceutical agents
    1.1.24 Diseases due to thallium or its compounds
    1.1.25 Diseases due to osmium or its compounds
    1.1.26 Diseases due to selenium or its toxic compounds
    1.1.27 Diseases due to copper or its compounds
    1.1.28 Diseases due to tin or its compounds
    1.1.29 Diseases due to zinc or its toxic compounds
    1.1.30 Diseases due to ozone, phosgene
    1.1.31 Diseases due to irritants: benzoquinone and other corneal irritants
    1.1.32 Diseases caused by any other chemical agents not mentioned in the preceding items 1.1.1 to 1.1.31 where a link between the exposure of a
worker to this chemical agent and the disease suffered is established.
 1. Diseases caused by agents

  1.2 Diseases caused by physical agents

    1.2.1 Hearing impairment caused by noise
    1.2.2 Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral
blood vessels or peripheral nerves)
    1.2.3 Diseases caused by work in compressed air
    1.2.4 Diseases caused by ionizing radiation
    1.2.5 Diseases caused by heat radiation
    1.2.6 Diseases caused by ultra violet radiation
    1.2.7 Diseases due to extreme temperature (e.g., sunstroke, frostbite)
    1.2.8 Diseases caused by any other physical agents not mentioned in the preceding items 1.2.1
to 1.2.7 where a direct link between the exposure of a worker to this physical agent and the
disease suffered is established.

  1.3 Biological agents

    1.3.1 Infections or parasitic diseases contracted in an occupation where there is a particular risk
of contamination
 2. Diseases by target organ systems
  2.1 Occupational respiratory diseases
    2.1.1 Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silicotubercolosis, provided
that silicosis is an essential factor in causing the resultant incapacity or death
    2.1.2 Bronchopulmonary diseases caused by hard-metal dust
    2.1.3 Bronchopulmonary diseases caused by cotton, flax, hemp or sisal dust (byssinosis)
    2.1.4 Occupational asthma caused by recognized sensitizing agents or irritants inherent to the work process
    2.1.5 Extrinsic allergic alveolitis caused by the inhalation of organic dusts as prescribed by national legislation
    2.1.6 Siderosis
    2.1.7 Chronic obstructive pulmonary diseases
    2.1.8 Diseases of lung due to aluminium
    2.1.9 Upper airways disorders caused by recognized sensitizing agents or irritants inherent to the work process
    2.1.10 Any other respiratory disease not mentioned in the preceding items 2.1.1 to 2.1.9 caused by an agent where a direct link
between the exposure of a worker to this agent and the disease suffered is established

  2.2 Occupational skin diseases

    2.2.1 Skin diseases caused by physical, chemical, or biological agents not included under other items
    2.2.2 Occupational vitiligo

  2.3 Occupational musculo-skeletal disorders

    2.3.1 Musculo-skeletal diseases caused by specific work activities or work environment where particular risk factors are present.
Examples of such activities or environment include:
(a) Rapid or repetitive motion
(b) Forceful exertions
(c) Excessive mechanical force concentrations
(d) Awkward or non-neutral postures
(e) Vibration
Local or environmental cold may potentiate risk.
    2.3.2 Miner’s nystagmus
 3. Occupational cancer
  3.1 Cancer caused by the following agents:
    3.1.1 Asbestos
    3.1.2 Benzidine and salts
    3.1.3 Bichloromethyl ether (BCME)
    3.1.4 Chromium and chromium compounds
    3.1.5 Coal tars and coal tar pitches; soot
    3.1.6 Beta-naphthylamine
    3.1.7 Vinyl chloride
    3.1.8 Benzene or its toxic homologues
    3.1.9 Toxic nitro- and amino-derivatives of benzene or its homologues
    3.1.10 Ionizing radiation
    3.1.11 Tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances
    3.1.12 Coke oven emissions
    3.1.13 Compounds of nickel
    3.1.14 Dust from wood
    3.1.15 Cancer caused by any other agents not mentioned in the preceding items 3.1.1 to 3.1.14 where a direct link
between the exposure of a worker to this agent and the cancer suffered is established.
 PART IV
OCCUPATIONAL
ACCIDENTS ATSAFETY
WORK
AND HEALTH ACT
(OSHA) 1994
Incident prevention looks into developing a safe workplace to
minimize the possibility of being injured at the workplace. NO
INCIDENT means NO ACCIDENT; and when no accidents happens, it
means zero injuries. Malaysia recorded an average of 4 workers
injured hourly in 2013 (SOCSO 2014).

This shows that ensuring safety at the workplace is to avoid incidents

or accidents from happening more commonly known as incident
prevention.
 CONCEPTS OF INCIDENT
Click to edit Master text styles - Standard (4:3)
An incident is the description of an individual or combined
series of causal events and the effect of an action or
actions that creates unwanted situations towards human
beings, objects or substances.

It is a condition that starts with unexpected and unplanned

events due to single cause or combination of causes.

These causes are mostly identified as occurring by

themselves and imply no blame or responsibilities.
 CONCEPTS OF INCIDENT
Click to edit Master text styles - Standard (4:3)
 Unfortunately, most of the occurrences are identified as
human errors or unsafe acts and unsafe conditions of the
environment.

When the combined occurrences cause reactions, it could

cause physical harm to workers or loss of property, known
as an accident.

 The chains of events can also create near misses – an

event happens, but does not create any harm to workers
or property.
 INCIDENTS & ACCIDENTS

Accident
Losses
Physical harm to property and
material destroyed or combination of Injuries
Unexpected Events occur
and both Death
(single/ multiple Property
unplanned
events combination of Time
events) Near miss Money

Figure 4.1: Concept of incident Near miss: unsafe accurance or events

happened, created an incidents but no harm,
ill health or fatality and no damages to
property or environment
 DEFINITION OF ACCIDENT

Heinrich (1959): An unplanned and uncontrolled event in which the action

or reaction of an object, substance, person or radiation results in personal
injury or the probability thereof

Bird & Germain (1966): An un desired event that results in harm people,
damage to property or loss to process

Based on these definitions, a general definition for accidents is incidents

which occur and result to harm a person and even cause death, damage
to equipment or property, and could be the combination of both
 EIGHT (8) ELEMENTS OF
ACCIDENT PREVENTION PLANNING

In order to develop effective accident prevention program, effective

planning is required.

It usually contains eight elements:

 Management commitment
 Employee involvement
 Safe work practices
 Workplace hazard assessment
 Hazard control
 Accident investigation
 Training
 Record keeping
 ACCIDENT PREVENTION PLANNING
Management Commitment: Management is committed to ensure the workplace is safe and
support incident prevention planning and programs by allocating time and resources

Employee commitment: Employees should be the ‘eyes’ to report hazards, unsafe conditions
and behaviors. This will help management to solve and come out with solutions for preventing
unwanted incidents from happening. They should also be the ones following the planned program

Safe work practices: Procedure of implementing work

Workplace hazard assessment: Hazard assessment and identification from HIRARC is used to
identify unsafe acts and conditions at the workplace. This data will be used to plan the hazard
controls to be used
Hazard control: used to minimize hazards as far as it can practically be applied. Six steps of
hazard control; elimination, substitution, isolation, engineering control, administration control and
PPE control
 CONT.
Accident investigation: used to determine the weaknesses of incident
prevention measures already in place. The results of the investigation will have a
cause and effect and recommendation of correction is recorded too.

Training: newly employed workers should undergo orientation and induction

training to learn processes and basic safety procedures. New equipment and
processes will require knowledge and competency training.

Record Keeping: a legal requirement and should be kept for seven years. All
safety activities, such as training, auditing, accident investigation, safety
committee meeting, medical surveillance, implemented accident prevention
programs and so on must be documented for reference and records. Data for
any unsafe acts can be obtained and analyzed to develop better incident
prevention programs.
 PART V
OCCUPATIONAL
ENSURING ASAFETY
SAFE
AND HEALTH ACT
WORKPLACE
(OSHA) 1994
 Managing occupational safety and health (OSH) at the workplace is crucial as
accidents have both immediate and unforeseen costs to the organization.

 Immediate costs include loss of time, damage to property or equipment, loss

of efficiency and cost of substitution goods and services. Unforeseen costs
may include costs of substitution for injured workers and loss of commitment
and self-assurance of employees involved in accidents.

 For detailed information about the implementation of Occupational Safety and

Health Management Systems (OSHMS), the standard requirement MS1722
guideline for OSH Management Systems published by the Department of
Occupational Safety and Health, Malaysia can be referred to.
 OSH MANAGEMENT SYSTEM

 Everyone is responsible for safety and health in the workplace, but management in
particular has substantially more responsibility than employees. The Occupational
Safety and Health Management System (OSHMS) establishes control and maintains
day-to-day safety and health issues.
 OSHMS is defined as a set of interrelated or interacting elements to establish and
implement OSH policy and objectives, and to achieve those objectives.

 The commitment and concerns about safety and health at the top level of the
management system will directly affect the safety performance in the organization as a
whole. Managers have direct control and can give instructions on safety and health at
the workplace. The managers must take proactive approach in determining
responsibility and accountability in controlling safety and health issues in the
organization.
 MANAGERS CAN INFLUENCE SAFETY
PERFORMANCE BY:

Setting policies that require high safety performance

Providing resources to achieve the aims of all policies

Encouraging and supporting local managers, supervisors, and senior employees

for efforts to achieve high standards of safety performance

Demonstrating high commitment towards the development of a safety culture in

the workplace
 Five Components of Typical
OSH-MS1722

It is a basic duty for an employer to follow the Malaysian Occupational Safety and
Health standard OSH-MS1722:2011.
The establishment is a requirement adapted from the International Labour
Organization components (ILO-OSH 2001) and based on the quality management
system elements of the Deming Wheel (Plan, Do, Check and Act).
The primary components of OSH-MS1722 are:

Policy
Organizing
Planning & Implementation
Evaluation
Action for Improvement
 1. POLICY
Every organization should have clear policy for the management of safety and
health to unsure that everyone in the organization is aware about safety and
health aims and objectives.
A good policy will enhance the performance of the organization, which will in
turn boost the individual’s safety development and will reduce financial losses.

The policy should be:

• Be a clear written statement of the organization’s position regarding safety,
health and environment
• Identify who is responsible for safety and health performance
• Identify the sources of experts competent with safety and health knowledge
• Be signed by the most senior persons in the organization
• Be prominently displayed and up-to-date
• Be clear and concise terms to everyone within the organization
 2. ORGANIZING

The employer should have overall responsibility and accountability towards the
protection of worker’s safety and health and organizing OSH activities.

Structures and processes of safety and health must be well established.

Necessary competence and training should be provided among the workers and
all occupational safety and health works documented.

The element of communication is included in the organizing requirement to

ensure that information, ideas, documents and any relevant matters are
received, considered and given response
 3. PLANNING & IMPLEMENTATION

A policy will only remain as words on paper until organization sets up the plan
and monitors the requirements.

The plan begins with initial review carried out by competent persons or
consultants and will become the basis for making decisions regarding the
implementation of the OSH management system.

Hazard prevention and protective measures should be implemented to

minimize risks, change the working management environment and identify any
potential accidents to provide necessary prevention, preparedness and
response.
 4. EVALUATION
Consists of three main component:
• Performance monitoring and measurement
• Audit
• Management review

• Monitoring activities should be developed, established and reviewed at all levels

in the management structure. Proper investigation of work-related injuries, ill
health, diseases and incidents needs to be carried out and recorded for
continual improvement activities.

• The audit includes an evaluation of the organization’s OSH management system

elements-whether its elements are in place, if it is adequate and effective in
protecting the workers, and if it prevents accidents or incidents.
 5. ACTION FOR IMPROVEMENT

The arrangement of preventive and correction action should be established and

maintained. These arrangement should include:
• Identifying and analysing the root causes of any non-conformities with relevant
OSH regulations or management arrangements
• Initiating, planning, implementing, checking the effectiveness of corrective and
preventive action, including changes to the OSH management itself

Continual improvement of the relevant elements of the OSH management should

cover the whole system of the organization. The safety and health performance
of the organization should be compared with others in order to improve the safety
and health conditions.
 SAFETY AND HEALTH COMMITTEE

“Section 30 of OSHA 1994 stated that every employer shall establish a safety and health committee in the workplace”.
(OSHA, 1994)

All industries with equal or more than 40 employees must have a safety and health
committee. The safety and health committee provides a link between the employees and
employers.
An effective safety and health committee is important for the following reasons:
• Accidents rates are reduced
• Safety and health awareness is improved
• A broad range of safety and health expertise and experience is available for solving
problems
• Cooperation is encouraged through better communications
• All employees have a way to express concerns have them expressed

A person who violates the provisions of Section 30 OSH 1994 shall be guilty of an offence
and shall on conviction be liable to a maximum fine of RM5,000 or maximum
imprisonment of 6 months, or both.
 SAFETY AND HEALTH COMMITTEE COMPOSITION

A clear composition of the safety and health committee is best

described in the Safety and Health Committee Regulations 1996.
The committee must have at least six members:

A chairman (employer or authorized manager)

A secretary

Two representatives of the employer

Two representatives of the employees

 PART VI
OCCUPATIONAL
IMPROVING SAFETY
THE HEALTH
AND HEALTH ACT
OF EMPLOYEES
(OSHA) 1994
OSHA 1994 Part IV, Section 15-19 describe the general duties of
employers and self-employed persons.
The duties include:
• Providing and maintaining plant and system work
• Arranging safe use in any relation to operation, handling, storage
and transport of plant and substances
• Providing information, instruction, training and supervision to
employees
• Providing and maintaining a safe condition by means of access
to and egress from any place of work
• Providing and maintaining the safety of the working environment
for the employees and adequate welfare facilities at work
• Providing a safe, healthy and adequate working environment
 CONT.
• Section 16 states that employers and self employed person must
have a written, up-to-date safety and health policy for the organization.

• Section 17 describes the duties of the employer to ensure the safety,

health and welfare of other who may be affected by the company’s
activities.

• Section 18 the duties of an occupier of a workplace include

providing safe access to and from workplace and ensuring safe use of
plant and substances.

• Section 19 describes the penalty for disobeying the provisions of

Section 15, 16, 17 or 18 with a maximum fine not exceeding RM50,000
or imprisonment for a term not exceeding 2 years, or both.
 EMPLOYEE’S RESPONSIBILITIES
(OSHA 1994 PART IV, SECTIONS 24-27)
According to Section 24 (1):
• Taking reasonable care for the safety and health of self and other persons while
at work
• Co-operating with employer and any other person in the discharge of any duty or
requirement imposed on the employee
• Wearing or using any protective equipment or clothing provided by the employer
for the purpose of preventing risks at all times
• Complying with any instruction or measure on occupational safety and health
instituted by the employer or any other person under OSH

According to Section 24 (2), a person who disobeys the provisions of this section
shall be guilty of an offence and is liable to a fine not exceeding RM1,000 or to
imprisonment for a term not exceeding 3 months, or both.
 CONT.
Section 25 describes the duty of an employee to not interfere with or misuse
things provided for safety, welfare and health. A maximum penalty of RM20,000, or
imprisonment for a term not exceeding 2 years, or both can be imposed on those
who disobey this section.

Section 26 states that no employer shall charge employees for things done or
provided.

Section 27(1) asks that no employer shall dismiss an employee, injure him in his
employment, or alter his position, if the employee;
• Makes a complaint about the matter which he considers is not safe or is a risk to health
• Is a member of a safety and health committee established pursuant to OSH 1994
• Exercises any of his function as a member of the safety and health committee
 CONT.
Section 27 (2) describes that no trade union shall take any action on any of its
members who, being an employee at a place of work;
• Makes a complaint about a matter which he considers is not safe or is a risk to
health
• Is a member of a safety and health committee established pursuant to OSH
1994
• Exercises any of his functions as a member of the safety and health
committee.

According to Section 27 (3), an employer or a trade union which contravenes

the provisions of this section is liable to a maximum penalty of RM 10,000 or to
term of imprisonment not exceeding 1 year, or both.