OSHA 1994

SAFETY MANAGEMENT
REGULATIONS
a. EXEMPTION OF POLICY REGULATIONS 1995
b. SAFETY AND HEALTH COMMITTEE REGULATION 1996
c. SAFETY AND HEALTH OFFICER ORDER1997
d. SAFETY AND HEALTH OFFICER REGULATION 1997
e. NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND
OCCUPATIONAL DISEASES REGULATION 2004
OSH (Employers’ Safety & Health General Policy
Statements) (Exceptions) Regulations 1995
Employers with than 5 workers are exempted form the duties stipulated
under Section 16, OSHA 1994.
WHY REQUIRED A POLICY STATEMENT
FOR SAFETY AND HEALTH
• The Occupational Safety and Health policy is a written statement
briefly stating the following commitment:
• The employer will provide safety, health and welfare for the employee during
the working hours by implementing the relevant regulations and work
procedures; and
• The employee will comply with the regulations and work procedures so as to
ensure their own safety.
• The policy statement will be displayed in strategic places that will be visible to
the employee.

3
WHAT IS THE MEANING OF HSE
POLICY?
A health and safety policy is;
1. A written statement by an employer.
2. Stating the company's commitment for the protection of the health
and safety of employees and to the public.
3. It is an endorsed commitment by management to its employees
regarding their health and safety.
EXAMPLE OF SAFETY AND HEALTH
POLICY
SAFETY AND HEALTH COMMITTEE
REGULATION 1996
What is a safety and health committee?
• A group of responsible people
• Committed in their all out effort
• To provide a safe and healthy workplace
OBJECTIVES OF A SHCOMMITTEE
a. To promote consultation and cooperation between management
and workers in upgrading safety and health at work

b. To provide a two-way communication channel for dissemination of

information on safety and health issues

c. To enhance interest and motivation of all groups of management

and workers at workplace of work in safety and health
FUNCTION OF SHCOMMITTEE
a. To keep under review measures taken to ensure safety and health at
work
b. To investigate any safety and health matter brought to attention of
employer
SPECIFIC FUNCTION OF
SHCOMMITTEE
1. Assist in development of rules and systems
2. Assist in development and review of programs
3. Perform analysis of incident trends and statistic
4. Review and recommend amendments to safety and health policy
5. Perform inspections and recommend preventive measures
6. Perform immediate investigation of accidents and recommend corrective measure
7. Investigate complains of unsafe practices and recommend corrective measure
8. Assist in development of promotional and education programs
9. Discuss reports and matters from safety officer, enforcement officers, etc
10. Advise employer on safety and health matters
WHO ARE THE MEMBERS? (Reg. 5)
1. CHAIRMAN
•- Employer or his authorized manager
2. SECRETARY
•- Safety and health officer
3. EMPLOYER’S REPRESENTATIVES
•- Division managers / directors
•- Sections supervisors
4. EMPLOYEES’ REPRESENTATIVES
•- Representatives from various section
COMPOSITION & APPOINTMENT (Reg.
6&7)
1. CHAIRMAN
a. - Employer, or
b. - His authorized manager
2. SECRETARY
a. - Appointed by employer, or
b. - Elected by committee
3. MANAGEMENT REPRESENTATIVES
a. - Appointed by employer
b. - Min. 2 persons (less than 100)
c. - Min. 4 persons (greater than 100)
4. WORKERS REPRESENTATIVES
a. - Selected by workers, or
b. - Appointed by employer
c. - Min. 2 persons (less than 100)
d. - Min. 4 persons (greater than 100)
DUTY OF EMPLOYER (Reg. 28)
Duty To Ensure Basic Knowledge and
Functions of Committee
• Employer shall take steps
necessary to ensure members
have basic understanding and
knowledge of the functions of
committee
Duty To Provide Adequate Training
• Employer shall take steps as are
reasonably practicable to
provide the members with
adequate training in
occupational safety and health
so as to enable them to perform
the functions
DUTY TO MAKE AVAILABLE RELEVANT DOCUMENT
AND INFORMATION
Employer shall make available to members :
a) Act and regulations
b) Industry code of practice and guidelines
c) Information about safety plans
d) Technical information about safety and health precautions
e) Operation procedures, system of work, information about
substances used and other relevant data
f) Other information as directed by DG
INVESTIGATION OF COMPLAINT(Reg.
16)
a) Investigation of complaints (5 marks):
i. provide and maintain system of communication for employee to make
complaints
ii. attend to the complaints and take immediate measures/actions
iii. refers complaints to the Safety and Health Committee
iv. The committee must investigate and prepare report and recommendation
to the employer
RESOLUTION OF COMPLAINT(Reg. 17)
b) Resolution of complaints
a. Implement every recommendation
b. Refers to Director General if employer disagree with the committee
c. Send to Director General information;
i. Inspection or investigation report
ii. Recommendation made by the committee
iii. Any other materials or evidence
WHAT IS AN INAUGURAL MEETING
(Reg.23)
• Inaugural meeting of a safety and health committee shall be
convened by the employer of the workplace.

• At the inaugural meeting, the employer shall make known his safety
and health policies, plans and proposals to established a safety and
health working condition at the workplace.
ENSURING EFFECTIVE COMMITTEE
a. Basic knowledge and interest of member
b. On-going training and education of member
c. Availability of relevant information to members
d. Regularity and frequency of meetings
e. Fast decision making and follow-up action
f. Wide publicity of committee activities
g. Recognition of members
h. Leadership of chairman
i. Stick to safety and health only (reg. 26)
OCCUPATIONAL SAFETY AND HEALTH (SAFETY
AND HEALTH OFFICER) ORDER 1997(P.U.(A)316)
CLASS OR DESCRIPTION OF INDUSTRIES
REQUIRED TO EMPLOY SHO
ORDER 3. The employer of the following class or description of industries shall employ a safety and
health officer:
(a) any building operation project exceeds RM20M;
(b) any work of engineering construction project exceeds RM20M;
(c) any ship building employing more than 100 employees;
(d) any gas processing activity or petrochemical industries employing more than 100 employees;
(e) any chemical or allied industry employing more than 100 employees;
(f) any boiler or pressure vessel manufacturing activity employing more than 100 employees;
(g) any metal industry d employing more than 100 employees;
(h) any wood working industry employing more than 100 employees;
(i) any cement manufacturing activity employing more than 100 employees; and
(j) any other manufacturing activity employing more than 500 employees.
OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND
HEALTH OFFICER) REGULATIONS 1997 (P.U.(A)315)
• Date of commencement
• The Regulations shall come into force on 22 August 1997
WHEN TO BE A SHO(Reg.3)?
• a person who acts as a safety and health officer; and
• an employer of the class of industries who are required to employ a
safety and health officer
APPLICATION FOR SHO REGISTRATION
• No person to act as a SHO unless
registered with DG (Reg. 4).
• Application to be registered as a SHO
shall be made in the Form as per
Schedule 1 plus a processing fee of RM
100.00
• Application submitted together with
document and information as specified
in the Form (Reg. 5)
QUALIFICATION FOR
REGISTRATION(Reg 6-1)
a. Diploma in OSH or equivalent
b. Completed a course of training in OSH (SHO Course conducted by
NIOSH is one of the approved course)
i. and passed any examination or equivalent
ii. and has minimum 3 years experience in OSH
c. Has been working in the area of OSH for at least 10 years
d. Holds other qualification or has received training as prescribed by
Minister
QUALIFICATION FOR
REGISTRATION(Reg 6-1)
SHO Course conducted by NIOSH/ other certified training center
i. Certificate of attendance
ii. Certificate of examination
CERTIFICATE OF REGISTRATION &
CEP
a. DG to issue a certificate of registration to applicant
whose application has been approved (Reg. 7).
b. Registered SHO to attend continuous education
programme at least once a year for the purpose of
renewal of registration(Re.g 8).

Continuous Education
Programme (CEP) means
• a course, seminar,
conference or
• other education
programme in OSH or
equivalent ,
• approved by the DG
REFUSAL TO REGISTER, DURATION
AND RENEWAL
• DG may refuse to register any
application if applicant does not
meet the requirement (Reg. 9.)
• Duration of Registration is valid for
3 years duration unless cancelled
earlier(Reg. 10).
• Renewal of Registration in the
prescribed form + RM50.00(Reg.
11).
REFUSAL TO RENEW
REGISTRATION(Reg. 12)
• DG may refuse to renew registration any application if:
• ceased to become a SHO
• a registered SHO who has not been appointed as a SHO
• not met any requirements stipulated
• failed to conduct his duties as stipulated
• not shown any evidence that he has attended any continuous training
programme or equivalent in the last 3 years.
CANCELLATION OF REGISTRATION
(Reg. 13)
• DG may cancel registration any SHO at any time if:
• ceased to become a SHO
• convicted of any offence under OSHA
• not met any requirements stipulated
• obtained registration by fraud
NOTIFICATION OF A SHO (Reg. 14)
• Employer shall notify in writing to DG within 1 month of any :

• appointment of a SHO
• termination or resignation of a SHO
DUTIES OF EMPLOYER
• Employer shall provide the SHO adequate facilities including training
equipment, appropriate information to enable SHO to conduct his
duties (Reg. 15).

• Employer shall permit the SHO at least once a year to attend

continuous education programme on OSH (Reg. 16).

• Employer shall direct one or more supervisor to assist the SHO in any
investigation (Reg/ 17)/
DUTIES OF SHO (Reg 18)

a. to advise employer on the measures to be taken in the interests of safety and health
b. to inspect place of work to determine any hazard liable to cause bodily injury
c. to investigate any accident, near miss, dangerous occurrence, poisoning or disease
d. to assist employer or S&H Committee in organising and implementing OSH programme
e. to become the secretary of a S&H Committee
f. to assist the S&H Committee in inspections
g. to collect, analyse and maintain statistics
h. to assist any officer in carrying his duty under the Act and regulations
i. to carry out any other instruction made by the employer on safety and health at
workplace
SUMMARY OF SHO FUNCTIONS
SHO NEED TO SUBMIT REPORT(Reg. 19)
SHO to submit report to employer by 10th of every month and shall contain

a. any action to be taken by employer in order to comply with the Act and regulations
b. methods of establishing and maintaining a safe and healthy working condition
c. the number and types of accidents including the number of persons injured (LTI and NLTI)
d. any machinery, plant etc or any description of manual labour liable to cause bodily injury
e. any machinery, plant, appliance or PPE required for minimising risk
f. recommend any alteration to be made in the interest of safety and health
g. any work related to safety and health carried out in order to promote safety and health
h. any outstanding matter arising from previous report
i. any other matters related to safety and health
ACTION TO BE TAKEN BY EMPLOYER
ON REPORT (Reg. 20)
• Employer after receiving report from SHO :
• shall discuss the report with SHO within 2 weeks after receipt
• shall countersign the report to confirm receipt
• Report to be kept for a period of 10 years
DEATH, SICKNESS AND ABSENCE OF
SHO (Reg.21)
• DG by certificate in writing may allow work to be carried out for not
more than 3 month without SHO in case of death, sickness or absence
from work
NOTIFICATION OF ACCIDENT, DANGEROUS
OCCURRENCE, OCCUPATIONAL POISONING
AND OCCUPATIONAL DISEASES REGULATION
2004 (P.U.(A) 128/2004)
Objectives;
• Requirement for Notification to DOSH
• All Employer and Self-Employed are responsible to NADOOPOD
• Every medical practitioner or medical officer must report the matter to the
Director General DOSH within 7 days if he attends to, or called in to visit a patient
whom he believes to be suffering from any of the OPOD listed in 3rd. Schedule.
• Requirement for Record Keeping
• All employers and self-employed have to maintain records of all ADOOPOD that
had occurred at their place of work.
INTERPRETATION
Accident: An occurrence arising out of or in the course of work which result in fatal injury or non-
fatal injury.
Fatal Injury: An injury leading to immediate death or death within one year from the
date of the accident
Serious Bodily Injury: Listed in Schedule One.
Dangerous Occurrence: An occurrence, which arises out of or in connection with work as, listed in Schedule Two
and detailed in Table 6 of NADOOPOD GUIDELINES.
Occupational Poisoning or A poisoning or a disease arising out of or in connection with work and is of a class
Disease: specifies in Schedule 3. It includes:
a. acute and chronic poisoning caused by inhalation, absorption, ingestion, or direct
contact
b. Infections
c. Skin diseases
d. Lung Diseases
e. Other Conditions
Lost-time. Lost days (consecutive or not), counted from and including the day following the day of
the accident, includes injury, diagnosis of occupational poisoning and occupational
disease measured in calendar days, the employee was away from work. The injured or ill
employee experiences either days away from work, days of restricted work activity, or
both.
SERIOUS BODILY INJURY (Reg.5)(1st.
Schedule)
a. Emasculation
b. Permanent privation of the sight of either eye
c. Permanent privation of the hearing of either ear
d. Privation of any member or joint
e. Destruction or permanent impairing of the powers of any member or joint
f. Permanent disfiguration of the head or face
g. Fracture or dislocation of the bone
h. Loss of consciousness from lack of oxygen
i. Loss of consciousness or acute illness from absorption, inhalation or ingestion of any
substance, which requires treatment by a registered medical practitioner
j. Any case of acute ill health where there is a reason to believe that this resulted from
occupational exposure to isolated pathogen or infected material
k. Any other work related injury or burns which results in the person injured being admitted
immediately into hospital for more than 24 hours
STEP TO FOLLOW WHEN THERE IS A
CASE
3 JKKP FORMS USED FOR NOTIFYING
AND RECORD KEEPING.
Form JKKP 6 : Form for Notification of Accident and Dangerous Occurrence. Send to DOSH within 7
days from the date of Accident or Dangerous Occurrence.
Form JKKP 7 : Form for Notification of Occupational Poisoning and Occupational Disease. Send to
DOSH within 7 days from the date of Occupational Poisoning or Disease. OMD also use
this form and send to DOSH within 7 days.
Form JKKP 8 : i. Serves as the Register of OADOOPOD on which the occurrence and extent of cases
are recorded during the year;
ii. is used to summarize the records of OADOOPOD, at the end of the year to satisfy
employers’ obligations to submit the register.
REPORTING TO DOSH

A report
submitted by
• by telephone
or fax
• or other means
• and by using
the form JKKP 6
or JKKP 7
REGISTER OF NADOOPOD IN JKKP 8
• This record keeping form is used to list
a. accidents, dangerous occurrence,
occupational poisoning and
occupational disease
b. to note the extent of each case for
each year. The register should contain
the following information:
i. the calendar year covered,
ii. company’s name, establishment
iii. address,
iv. fatality rate,
v. severity rate,
vi. incident rate,
vii. frequency rate,
viii. signature of employer, title, and date.
JKKP 8
JKKP 8