The Occupational Safety and Health Act

1994
CONTENT

7.1. Introduction of Main Parts of the OSH Act 1994

7.2. OSH Management & Organisation Related Regulations
• Safety and Health Policy
• Safety and Health Officer
• Safety and Health Committee
7.3. OSH Chemical Related Regulations
• Chemical Industrial Major Accident Hazard Regulation, 1996
• Classification, Labelling and Safety Sheet of Hazardous Chemical Regulation, 2012
• Use and Standard of Exposure of Chemical Hazardous to Health Regulation, 2000
7.4. NADOOPOD Regulations
LEARNING OUTCOMES

• To discuss the philosophy and guiding principles of OSHA

• To discuss the responsibilities of an employer / self employed
person / employee / Designer / Manufacturer / Supplier
• List out the regulations under OSHA 1994
• To explain hazardous chemicals management
• To explain the important content under Notification of Accident,
Dangerous Occurrence, Occupational Poisoning and Occupational
Disease (NADOOPOD 2004) (NADOOPOD 2004)
7.1. Introduction of
Main Parts of the
OSH Act 1994
NADOOPOD IAQ?
USECH
2004 H
PUS O
2000
POLICY
1995 1999
OSHA
1994
CIMAH CLASS
CPLHC

1996 1997
2013
SHCo
1996
SHO SHO O
1997 1997
PHILOSOPY AND PRINCIPLES OF OSHA

• Responsibility on safety and health at place of work lies on those who

create the risks and those working with the risks.

• Concept of Self Regulation

• Consultation Instrument
• Workers participation, involvement and cooperation
• [Section 1(2)&(3)] Short Title and Application
• Workers;
• All economic sector as in the FIRST SCHEDULE including the public
services as well as the statutory authorities
• Exception are for those working on Merchant Ships and the Armed
Forces

Q. Who is involve in OSHA 1994?

Q. Who are those excepted from OSHA 1994?
FIRST SCHEDULE: SECTORS COVERED IN OSH

• Manufacturing • Transport, Storage and

• Mining and Quarrying Communication
• Construction • Wholesale and Retail Trades
• Agriculture, Forestry and Fishery • Hotel & Restaurant
• Utilities; • Finance, Insurance, Real Estate
• Electric, Gas, Water & Sanitary Services
and Business Services
• Public Services and Statutory
Authorities

List 10 industries covered by OSHA as in Schedule 1 OSHA 1994

• Section 3 (Interpretation) Tafsiran
• Occupier
• Plant
• Employee, Employer, Self employed person, Principal Employer,
Immediate Employer
• Place of work
• As far as Practicable
• Premises,
• Etc. Q. DEFINE EACH OF THIS CATEGORY OF PEOPLE:
Q. HOW DOES OSHA DESCRIBEs THE USE OF THIS TERM? As far as is practicable
OCCUPIER

• in relation to a place of work, means a person who has;

• the management or;
• the control of the place of work.
PLANT

• Includes;
• any machinery,
• equipment,
• appliance,
• implement or tool,
• any component fitted, connected or appurtenant thereto;
EMPLOYEE

• A person who is employed for wages under a contract of service;

(a) who is directly employed by the principal employer on any work of, or
incidental or preliminary to or connected with the work;
(b) who is employed by or through an immediate employer at the place of
work of the industry or under the supervision of the principal employer
or his agent on work which is ordinarily part of the work of the
industry;
(c) whose services are temporarily lent or let on hire to the principal
employer by the person with whom the person whose services are so lent
or let on hire has entered into a contract of service;
EMPLOYER

• The immediate employer or the principal employer or both;

SELF EMPLOYED PERSON

• Individual who works for gain or reward otherwise than under a

 contract of employment,
 whether or not he himself employs others;
PRINCIPAL EMPLOYER

• Owner of an industry or the person with whom an employee has

entered into a contract of service and includes;
(a) a manager, agent or person responsible for the payment of
salary or wages to an employee;
(b) the occupier of a place of work;
(c) the legal representative of a deceased owner or occupier; and
(d) any government in Malaysia, department of any such
government, local authority or statutory body;
IMMEDIATE
EMPLOYER

• A person who has undertaken the execution at the place of work

where the principal employer is carrying on his trade, business,
profession, vocation, occupation or calling, or under the supervision
of the principal employer or his agent, of the whole
PLACE OF WORK

• means premises where;

• persons work or
• used for the storage of
• plant or
• substance
AS FAR AS PRACTICABLE

• (a) the severity of the hazard or risk in question;

• (b) the state of knowledge about the hazard or risk and any way of
removing or mitigating the hazard or risk;

• (c) the availability and suitability of ways to remove or mitigate

the hazard or risk; and

• (d) the cost of removing or mitigating the hazard or risk;

PREMISES

• Include—
• (a) any land, building or part of any building;

• (b) any vehicle, vessel or aircraft;

• (c) any installation on land, offshore installation or other installation

whether on the bed of or floating on any water; and

• (d) any tent or movable structure;

RISK

• Section 3 (2) Interpretation (Tafsiran): RISK

• Risk arising out of the activities of persons at work shall be treated as;
• The manner of conducting and undertaking
• The plant or substances used
• The condition of the premised used

Q. HOW DOES OSHA DEFINE THE TERM RISK?

WORK

• Section 3 (3) Interpretation (Tafsiran)

• “work” means work as an employee or self-employed person
• An employee is deemed to be at work throught the time when he is
at his place of work but not otherwise
• A self-employed person is at work thought such time as he devotes to
work as a self-employed person.
Section 4 Objects of the Act
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 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 provide the means whereby the associated occupational safety and health legislations
may be progressively replaced by a system of regulations and approved industry codes of
practice operating in combination with the provisions of this Act designed to maintain or
improve the standards of safety and health
Section 5 Appointment of Officers
Appointment of public officers by the minister :
a. Director General
b. Deputy Director General
c. Directors
d. Deputy Directors
e. Assistant Director
f. Occupational Safety and Health Officer
Section 6 Appointment of independent inspecting body by the Director
General (DG)
• DG may, as he deems fit, appoint a person or an independent inspecting body from any
of the industries to.
• A person or an independent inspecting body appointed under subsection (1) shall be
paid such allowance, fee or reimbursement as the Minister may determine.
• An officer appointed under subsection 5(2) and a person or an independent inspecting
body appointed under subsection (1) shall be subject to the control, direction and
supervision of the DG.
• DG and all officers appointed under subsection 5(2), and a person or an independent
inspecting body appointed under subsection (1), shall be deemed to be public servants
within the meaning of the Penal Code[Act574].
• Section 7 Certificate of authorisation (Perakuan pemberian kuasa)
• DG shall issue to every officer appointed under this Act a certificate of
authorization which shall be produced on demand to the occupier or
any person in charge of a place of work which the officer intends to
enter pursuant to this Act.
• In the case of the DG, his certificate of authorization shall be issued
by the Minister.
Section 8 Establishment of the Council
• Establishment of National Council for OSH

Section 9 Membership of the Council

• Members are between 12 – 15 members:
• 3 from organisation representing the employers
• 3 from organisation representing the employees
• 3 or more from Ministries or Departments
• 3 or more of whom at least one (1) shall be a female from organisation or
professional bodies
Section 11 Powers and functions of the Council
• Scope for the Council
• Changes to Legislation
• Improvement of the administration and enforcement of the legislation
• Fostering cooperative consultative relationship between management and labor on OSH
• Special attention to welfare of women, handicapped
• Establishment of adequate methods of control of industrial chemicals at place of work
• Statistical analysis of occupational related disease, death and injuries
• Provision of health care facilities
• Adopting industry code of practice
• Development of rehabilitation plans and facilities to assist person injured at a place of
work
Section 15 (1) General Duties of Employers and Self Employed Persons to
their employees
• The duty of every employer and every self-employed person to ensure, so far as is
practicable (AFAP) the ;
• safety,
• health and
• welfare at work
• of all his employees.
• Guilty of offence:
• RM50,000 or Maximum 2 years imprisonment
• Section 15(2) The duty extend include AFAP the:
• provision and maintenance of plant and system of work
• use or operation, handling, storage and transport of plant and substances
• provision of information, instruction, training and supervision
• place of work is safe to access or egress
• working environment is safe and without risk

Q. WHAT ARE THE FIVE KEY ELEMENT CONCERNING GENERAL DUTIES FOR EMPLOYERS AND SELF
EMPLOYED PERSONS
Q. LIST THE MAIN POINT UNDER DUTY OF CARE FOR EMPLOYERS AND SELF EMPLOYD PERSONS
Q. DESCRIBE THE MAIN ELEMENT WHICH ARE REQUIRED FOR EMPLOYERS AND SELF-EMPLOYED PERSONS
UNDER THEIR GENERAL DUTIES.
Q. STATE THE REQUIREMENT OF SECTION15(2) WITH REGARDS TO GENERAL DUTY OF CARE FOR
EMPLOYERS OR SELF-EMPLOYED PERSONS
Obligations of the employers towards the
employees
• The employer is obligated to protect the employees in
relation to safety, health and welfare through the
following procedures:
1. To provide and maintain a safe plant and working
system;
2. To put in place procedures so as to ensure safety
and health in the usage, handling, storage and
transportation of the plant and supplies;
3. To provide information, instruction, training and
supervision for new and old employees;
4. To provide and maintain a working environment
that is safe and free from health hazards; and
5. To provide the necessary amenities for the
welfare of those who are working.
Section 16 Duty to formulate Safety and Health Policy
• It must be the duty of every
• Employer and self-employed person to prepare
• a written statement of his general policy (Statement of intent)(Kenyataan
berkenaan Hasrat (Organisasi)
• Revise the written general policy
• Make Arrangement (Perkiraan) to enforce the policy
• Inform or give notice on any revision of the policy
• Regulation:
• Shall apply to every employer and every self-employed person except those who
carry on an undertaking with not more than five employees
Q. WHAT ARE THE MINIMUM REQUIREMENT OF PREPARING OR FORMULATING OSH POLICY?
Q. LIST TH E DUTY OF THE EMPLOYER IN FORMULATING OSH POLICY
Q. WHAT ARE THE REQUIREMENT TO BE OBSERVED IN IMPLEMENTING THE OSH POLICY?
Section 17 General duties of employers and self-employed persons to
persons other than their employees
• AFAP are not exposed to risk to safety and health
• Provide the information on such aspects of the manner in which he conducts not
to effect their safety or health

Q. WHAT IS THE GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSON TO PERSONS

OTHER THAN THEIR EMPLOYEES?
RM50,000 OR 2 YEARS IMPRISONMENT FOR EACH SUBSECTION
Section 18 Duties of occupier of a place of work to persons other than
his employees
• AFAP Occupier of non domestic premises must ensure all access and egress is
safe without risk
• person who hold/have the contract or lease;
• do the maintenance or repair or means (way) of access or egress
• Must prevent risk from use of plant or substances

WHAT ARE THE GENERAL DUTIES OF OCCUPIER TO PERSONS OTHER THAN THEIR EMPLOYEES?
RM50,000 OR 2 YEARS IMPRISONMENT FOR EACH SUBSECTION
Section 20 / Section 21 The manufacturers AFAP the plant/substance is to be;

• designed and constructed to be safe without risks to health and property

• carrying out such testing and examination
• make available adequate information of the plant

Q. WHAT ARE THE GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS?

Section 24 General duties of employees at work

• To take reasonable care for the SH of himself and of other persons;

• To cooperate with his employer or any person in the discharge of any duty
• To wear or use at all times PPE or clothing provided
• To comply with any instruction or measure instituted by the employer or the
OSHA

Q. WHAT ARE THE GENERAL DUTIES EMPOLYEES AT WORK?

RM1,000 OR 6 months IMPRISONMENT FOR EACH SUBSECTION

Section 25 Duty Not to interfere, misuses anything provided
Section 26 Duty not to be charge employees for things done or provided
Section 27 Discrimination against employees etc.
• No dismissal, injure him or alter his position
• Make complaints on matters not safe or is a risk to health
• Member of a SHCommittee
• Exercises any of his function of a member of SHCommittee
• No trade union take action on any of its member

Q. WHAT ARE THE GENERAL DUTIES EMPOLYEES AT WORK?

RM10,000 OR 1 YEARS IMPRISONMENT FOR EACH SUBSECTION

• Section 28 Medical Surveillance (Pengawasan Perubatan)
• Cases of illness
• Changes in process or substances used
• Person below 16 years
• Occupation listed in 3rd. Schedule

Caustic Burn
Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A
SAFETY AND HEALTH ORGANIZATION IN A WORK PLACE?

RM5,000 OR 6 months IMPRISONMENT

THIRD SCHEDULE
• Expose to fumes, dust or vapour of silica, asbestos, raw cotton dust, lead,
mecury, arsenic, phosphorus, carbon bisulphate, benzene, organic-phosphate,
nitrous fumes, cadmium, beryllium or pesticides
• Use, handling expose to tar, pitch, bitumen, mineral oil including paraffin,
chromate acid, chromate or bichromate of ammonium, potassium, zinc or
sodium
• Exposure to x-ray, ionising particles, radium, or other radioactive substances or
other forms of radiant energy
• Process carried in compressed air
Section 29 Safety and Health Officer (SHO)
• Class or description of industries as Ordered by the Minister
• Occupier must employ a competent person to act as Safety and Health Officer
(SHO)
• SHO role is to observe the place of work fulfill OSH Act and Regulations
• SHO must posses qualifications or received training

Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A SAFETY AND HEALTH
ORGANIZATION IN A WORK PLACE?

RM5,000 OR 6 months IMPRISONMENT

Section 30(1) Safety and Health Committee (SHCo)
• Employer must establish a Safety and Health Committee when ;
a. there are 40 or more person employed
b. DG direct the establishment of the committee

Section 30(2) Composition SHCo

• Composition and other provision of the SHCo is as in SHCo Regulation

Section 30(3) SHCo Consult

• Employer must consult SHCo in relation to S&H
Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A SAFETY AND HEALTH
ORGANIZATION IN A WORK PLACE?

RM5,000 OR 6 month IMPRISONMENT

Section 31 Function of SHC0
• Review the SH measures
• Investigate;
• a SHCo member or a person employed consider place is not safe or there is a
risk to the health
• matter brought to attention by the employer
• To resolve matter as in b) or inform DG
• Other functions as in SHCo Regulations

Q. HOW DOES OSHA 1994 DESCRIBE FOR THE NEED OF PERFORMING A SAFETY AND HEALTH
ORGANIZATION IN A WORK PLACE?
Section 32 Notification of accidents, dangerous occurrence
poisoning and occupational diseases, and inquiry
• Employer report to the nearest OSH office
• Medical officer must report to the DG

Q. WHAT ARE THE TWO REQURIEMENT S FOR EMPLOYERS TO DO WHEN THERE IS A NEED FOR
NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND
OCCUPATION DISEASES AT A WORKPLACE?
Section 35 Power to prohibit the use of plant or substance
• Power to prohibit only by DG
• DG may consult other government departments before making decisions

Section 36 Aggrieved person may appeal

• A person who is aggrieved by an order made under subsection 35(1) may, within
thirty days of the order, lodge an appeal with the secretary to the Council who
shall transmit the appeal to an appeal committee appointed by the Minister
under section 63
• Section 37 Approval of industry codes of practice
• Only approved by the Minister upon recommendation from the National OSH
Council
• May be amended from time to time
• Consist of any code, standard, rule, specification or provision relating to OSH
• Apply, incorporate or refers to any document formulated or published by any
body or authority
Section 38 Use of industry codes of practices in proceedings
• Admissible in evidence in court proceedings
 Standards and Codes

STANDARD
An operational principle, criterion, or requirement– or a
combination of these.

CODE
Set of standards, rules, or regulations relating to a
specific area.
 Standards and Codes

-Standards and codes play an important role in modern

safety and health management and engineering.

-Written standards and codes that employees carefully

follow can also decrease company’s exposure to costly
litigation.

-Numerous organizations develop standards for

different industries. These organizations can be
categorized as follow:
Government
Professional organizations
Technical/Trade associations
 Eg: Codes

• Code Of Practice On Indoor Air Quality

• Code Of Practice For Safe Working In A Confined Space
• Code Of Practice On Prevention And Management Of HIV/AIDS At The
Work Place
• Code Of Practice On Preventing And Responding To Drug And Alcohol
Problems At Workplace
Eg: Guidelines
Section 39 Power to entry, inspection, examination, seizure
Before entering
• Only OSH Officer
• Produce a certificate of authorization
Upon entering
• Examination and investigate
• Direct anything left undisturbed
• Take measurement / photographs / recordings
• Take samples
• Instruct a person to Medical Health Officer
Q. LIST THE STEPS WHEN AN OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT A PLACE OR A PLACE OF WORK HAS
CONTRAVENE THE LAW?
• Continue...
Section 39 Power to entry, inspection, examination, seizure
• If plant/substance could cause danger
• Dismantled or test the plant
• Take possession of it for the purpose of;
• To examine
• Not to tempered
• Use as evidence
• If he is a medical officer
• Carry out medical examination
Section 40 Entry into premises with search warrant and power
seizure
• Request from a magistrate

Section 41 Entry into premises without search warrant and power of

seizure
• Upon satisfy with information received, having reasonable grounds for believing,
by reason of delay in obtaining a seach warrant, he may enter without a search
warrant
Section 42 Power of forceful entry and service on occupier of signed
copy of list of things seized from premises

• Break open any outer door

• Forcibly enter the place or every part
• Remove by force any obstruction to entry, search , seizure
• Detain every person found in the place
Section 44 Power of investigation
• The power to investigate the commission
• Special powers in relation to police investigation
• Immediately give all information relating to the commission of the offence to an
officer
• Examine orally
• Refuse to answer any question
• Refuse to answer any question the answer criminal charge or penalty
Section 44 Power of investigation
• Legally bound to state the truth
• Inform the person
• Be reduced in to writing and signed by him or affixed with his thumb print
• Any inquiry or requisition to a person made on be half of the officer by the
interpreter shall, for all purposes, be deemed to have been actually made by the
officer
Section 45 Power to examine witness
• Examine orally any person
• The person is legally bound to answer all questions
• A person making a statement legally bound to state the truth
• An officer must first inform the person of the legal provisions in no 2 and no 3 above
• A statement made by a person need to written and signed.
• Officer may use the assistance of an interpreter.

Section 46 Employer etc., to assist officer

• Assistance as the officer

Q. WHAT DOES THE DOSH OFFICER HAS TO BE AWARE OF THE POWER TO EXAMINE THE WITNESS?
Section 47 Offences in relation to inspection
• refuses access to a place of work officer or a person assisting him
• obstructs the officer or induces or attempts person to do so
• fails to produce any document required
• conceals the location or existence of person, plant or substance
• prevents or attempts to prevent any other person from assisting the officer
• hinders, impedes or opposes the officer

Q. What are actions that will be considered to as offences in relation to inspection by dosh officers?
Section 48 Improvement notice and prohibition notice

• Improvement notice: issued when the defect is likely to cause bodily injury or is
a serious risk
• Prohibition notice: issued when the defect is likely to cause immediate danger to
life or property

Q. WHEN OR WHY THE IMPROVEMENT OR PROHIBITION NOTICE IS ISSUED?

Q. EXPLAIN THE CONDITION THAT CAUSE AN IMPROVEMENT OR A PROHIBITION NOTICE IS ISSUED.
Q. WHAT IS THE DIFFERENCE BETWEEN AN IMPROVEMENT NOTICE AND A PROHIBITION NOTICE
OSHA 1994: ITS REGULATIONS AND ORDERS

1. Occupational Safety and Health (Employers’

Safety and Health General Policy Statements
(Exception) Regulations 1995

2. Occupational Safety and Health (Control of

Industrial Major Accident Hazards) Regulations
1996

3. Occupational Safety and Health (Safety and

Health Committee) Regulations 1996
OSHA 1994: ITS REGULATIONS AND ORDERS

4. Occupational Safety and Health (CLASS) 2013

5. Occupational Safety and Health (Safety and

Health Officer) Regulations 1997

6. Occupational Safety and Health (Safety and

Health Officer) Order 1997
OSHA 1994: ITS REGULATIONS AND ORDERS

7. Occupational Safety and Health (Prohibition of

Use of Substances) Order 1999

8. Occupational Safety and Health (Use and

Standards of Exposure of Chemicals Hazardous to
Health) Regulations 2000
OSHA 1994: ITS REGULATIONS AND ORDERS

9. Occupational Safety and Health (Notification of

Accidents, Dangerous Occurrence, Occupational
Poisoning and Occupational Diseases) Regulations
2004