ONLINE SEMINAR

OSH IN CONSTRUCTION
COMPLIANCE TO LAGISTLATION

23rd February 2021

 OSH in Construction

Commonly known as ……………..

Work place
Dirty, Difficult & Dangerous
2
 OSH in Construction
 Due to high no. of fatalities, should be
known as . . . .

Work place
Dirty, Difficult & Dangerous +
Death
6
 CONTENT
1 OSHA 1994, Regulations & Order

2 FMA 1967, Regulations

3 Accident and Court Cases

OSHA 1994, Regulations & Order
Related to Construction
 PHILOSOPHY AND GUIDING
PRINCIPLE

 “Responsibilities to ensure safety and

health at the workplace lies with those who
create the risk and those who work with
the risk.” by Lord Alfred Robens

 Self-regulation
 Consultation; and
 Workers cooperation and participation.
 PHILOSOPHY AND GUIDING
PRINCIPLE

W
h
ri s o w
s k .
ri
e • k. or
e t h kw
a t
c re y e r em ith
h o p lo plo th
W em pier e
• c u ye
oc n e r r e
i g r e
• des ufactu
• a n
m plier
• sup
•
 SCOPE OF APPLICATION

 throughout Malaysia to all economic activities

specified in the First Schedule of the Act.
 Manufacturing
 Mining and quarry
 Construction (BO and WEC)
 Agriculture, forestry and fishing
 Utilities –electric, gas, water and sanitary service
 Transport, storage and communication
 Whole sale and retail traders
 Hotel and restaurant
 Finance, insurance, real estate and business services
 Public services and statutory authorities
 SCOPE OF APPLICATION

 Exceptions :

 On board ships governed by

Merchant Shipping Ordinance 1952 –
Peninsular and 1960 –Sabah &
Sarawak;

and

 Armed Forces.
 GENERAL DUTIES
EMPLOYERS & SELF-EMPLOYED
PERSONS
Section 15(1)

It shall be the duty of every employer and self

employed person to ensure so far as is
practicable, the safety, health and welfare of
all his employees
 GENERAL DUTIES
EMPLOYERS & SELF-EMPLOYED
PERSONS
“so far as is practicable”

 Provide and maintain safe plant and safe

system of work and without risk to health–
Section 15(2)(a).

 Make arrangements for safe use, operation,

handling, storage and transportation of
substances and plant – Section 15(2)(b).
 GENERAL DUTIES
EMPLOYERS & SELF-EMPLOYED
PERSONS
“so far as is practicable”

 Provide information, instruction, training and

supervision – Section 15(2)(c).

 Provide and maintain safe place of work and

safe access and egress – Section 15(2)(d);
and

 Provide and maintain working environment

that is safe and without health risk and with
adequate welfare facilities – Section 15(2)
(e).
 OTHER DUTIES
EMPLOYERS & SELF-EMPLOYED
PERSONS
 Formulate written statement of OSH policy,
organisaton and arrangement for carrying out
the policy
 Bring the statement to the notice of his
employees – Section 16
Exemption under Occupational Safety & Health
(Employers’ Safety & Health General Policy Statement)
Regulations 1995;
 Self Employed Person
 Employer with less then 5 employees
 OTHER DUTIES
EMPLOYERS & SELF-EMPLOYED
PERSONS
 Conduct undertaking in such manner not to
affect other persons, including the public -
Section 17(1);

 Provide information to other persons on

way his undertaking may affect them –
Section 17(2); and
 OTHER DUTIES
EMPLOYERS
 Establish safety and health committee at
the place of work – Section 30

 40 or more workers or directed by Dosh

 Detail requirements specified in SHC
Regulations 1996
 GENERAL DUTIES
OCCUPIER OF PLACE OF WORK
 safe means of access & egress for use by persons other
than his employees – Section 18.

 ensure the safe and absence of risk in connection with

the use of plant and substances provided for use by
persons other than his employees – Section 18.

 employ a competent person as safety & health officer -

Section 29
 Detail in the Occupational Safety & Health (Safety &
Health Officer) Regulations 1997
 Occupational Safety & Health (Safety & Health Officer) &
Orders 1997.
 GENERAL DUTIES
DESIGNERS, MANUFACTURERS &
SUPPLIERS OF PLANT - Section 20
“So far as is practicable”
 To ensure plant is designed and constructed to be safe
and without risk to health when properly used

 Arrange for testing and examination;

 Provide adequate information;

 Arrange for research to eliminate or minimise

hazards; and

 Safe erection and installation.

 GENERAL DUTIES
MANUFACTURERS & SUPPLIERS OF
SUBSTANCE- Section 21
“So far as is practicable”

 To ensure that substance is safe and

without risk to health when properly used

 Arrange for testing and examination;

 Provide adequate information;

 Arrange for research to eliminate or minimise

risk
 GENERAL DUTIES
EMPLOYEES – SECTION 24
 Reasonably care for safety and
health of himself and others;

 Cooperate with employer and others;

 Wear and use PPE; and

 Comply with instructions on OSH.

 OTHER DUTIES
NOT TO INTERFERE, CHARGE,
DISCRIMINATE
 Person shall not interfere or misuse
anything provided for the interest of
safety and health- Sect.25

 Employer not to levy charge on

employees for anything done or

x
provided for safety and health – Sect.26
 OTHER DUTIES
NOT TO INTERFERE, CHARGE,
DISCRIMINATE

 Employer/Trade Union not to discriminate

(dismiss, injure or alter position of any
employee by reason; - Sect. 27

Makes complaint about OSH

Being a member/exercise his function as a

committee member
 SAFETY AND HEALTH ORGANISATION

Safety and Health Officer- Sect. 29

 Detail in SHO Regulation & Order 1997

Safety and Health Committee- Sect. 30

Detail in SHC Regulations 1996
 OTHER DUTIES
NOTIFICATION OF ACCIDENTS,
DANGEROUS OCCURANCES, POISONING &
DISEASES –Sect. 32
 Employer to notify nearest DOSH
office; and

 Medical Officer to report on

scheduled diseases in FMA 1967.
 Detail in the NADOPOD Regulation
2004
 REGULATIONS
Occupational Safety & Health (Safety &
Health Committee) Regulations 1996;
 Requirement;
 Workplace with 40 or more workers
 Directed by DG of DOSH

 Objectives:
 To promote consultation and cooperation between
management and workers
 To provide a two-way communication channel for
dissemination of information on safety and health issues
 To enhance interest and motivation of management and
workers in safety and health
 REGULATIONS

Occupational Safety & Health (Safety &

Health Committee) Regulations 1996;
 Compositions
 Chairman
 Owner of industry or authorized manager
 Secretary
 SHO or other person appointed by employer
 Member
 Management Representatives
 Workers Representatives
 At least 2 from each side if 100 workers or
less
 At least 4 from each side if more than 100
workers
 REGULATIONS

Occupational Safety & Health (Safety &

Health Committee) Regulations 1996;
 Functions:
 Assist in development of rules and safe systems
of works
 Assist in development and review the
effectiveness of programmes
 Carry out studies and analysis of incident
trends and statistic
 Report unsafe condition and unsafe practices
and make recommendation for improvement
 REGULATIONS

Occupational Safety & Health (Safety &

Health Committee) Regulations 1996;
 Functions:
 Review and recommend amendments to safety
and health policy
 Inspect the workplace and recommend
preventive and corrective measures
 Carry out incident/accident investigation
 Assist to organise promotional activities
 REGULATIONS

Occupational Safety & Health (Safety &

Health Committee) Regulations 1996;
 Meeting:
 At least one in 3 months
 In the event of accident, near misses or
dangerous occurrences
 Quorum
 Chairman
 Secretary
 Haft of the members
 REGULATIONS

Occupational Safety & Health (Safety &

Health Officer) Regulations 1997;

 Objectives;
 To improve the level of OSH in the high
risk industries
 Create an effective and systematic of OSH
management system
 Facilitate the employer to conduct all work
activities safely
 REGULATIONS

Occupational Safety & Health (Safety &

Health Officer) Regulations 1997;
 Qualifications;
 Diploma, degree, master or PhD. in OSH

 Attended approved course and pass the examination

and 3 years experience in OSH

 10 or more years practicing OSH or

 Other qualification approved by Minister

 REGULATIONS

Occupational Safety & Health (Safety &

Health Officer) Orders 1997;
 Employer of the following class or description of
industries shall employ a SHO

 building operation : contract price exceeds RM20

million

 work of engineering construction : contract price

exceeds RM20 million
 REGULATIONS

Occupational Safety & Health (Use and Standards

of Exposure of Chemicals Hazardous To Health)
Regulations 2000
 Objectives
 To prevent the occurrence of Occupational Diseases
and Poisoning

 Duties of an employer
 prepare Chemical Register
 conduct CHRA –by Assessor
 control the exposure
 Medical surveillance
 REGULATIONS
Occupational Safety & Health (Notification of
Accident Dangerous Occurrence, Occupational
Poisoning and Occupational Diseases)
Regulations 2004 (NADOPOD)

What to notify?
 Accident (Fatal & or serious injury as per
Schedule I and cause the person cannot perform
his/her normal duty more than 4 calendar days)
 Dangerous Occurrence – Schedule II
 Occupational Poisoning & Disease –Schedule III
 REGULATIONS
Occupational Safety & Health (Notification of Accident
Dangerous Occurrence, Occupational Poisoning and
Occupational Diseases) Regulations 2004

 How to notify?
 Accident and Dangerous Occurrence
 by quickest means available (i.e telephone) to DOSH state
office.
 within 7 days send Form JKKP 6
 Poisoning and Disease
 Get conformation from doctor
 Within 7 days send Form JKKP 7
 All accidents, Dangerous Occurrences,
Poisonings and diseases
 Before 31st January send form JKKP 8 to DOSH HQ
 REGULATIONS
Occupational Safety & Health (Notification of
Accident Dangerous Occurrence, Occupational
Poisoning and Occupational Diseases)
Regulations 2004

 Not to disturb the scene, except;

 to save lives, prevent injury or relieve
suffering of persons

 To maintain the access of general public

 To prevent further damage or serious loss of

property
 REGULATIONS

 Occupational Safety & Health (Noise

Exposure) Regulations 2019

 define Action Level and Permissible

Exposure Limit

 conduct Noise Risk Assessment

 arrangements to be taken in Noise

controlling exposures.
 ?
Any question