Dengan nama Allah yang maha pemurah lagi maha penyayang..

Ya Tuhanku, lapangkanlah dadaku dalam menjalankan tugasku, bukalah simpulan lidahku supaya muridku memahami setiap perkataanku.

TOPIC 1: INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH (OSH) LEGISLATION

OSH
Occupational Safety and Health is a condition in which an employee needs a work environment that is safe and healthy for themselves and others who may be affected by its activities

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LEGAL HISTORY OF OSH

The Selangor Boiler Enactment 1896 The Perak Boiler Enactment 1903 The Penang Boiler Enactment 1924 The Johor Boiler Enactment 1937 The Machinery Ordinance 1953

Factory & Machinery Act 1967 Occupational Safety And Health Act 1994

Factory & Machinery Act 1967 In the year 1967, the Factory and Machinery Act was approved by the Parliament of Malaysia. In 1970, the Factory and Machinery Act and eight regulations under the act were enforced. This act was legislated to overcome the weaknesses in the Machinery Ordinance 1953, They were not protected if they are working in a workplace that doesnt use machinery.
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Factory and Machinery Act 1967 (ACT 139)

- was enacted in 1967 as Act 64. - was revised on 1 April 1974 and amended to the Law of Malaysia Act 139. Objectives : To provide control on factories to ensure the safety , health and welfare of person therein (workers). For the purpose of registration and inspection of machinery and for matters connected therewith.

OSHA 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. The purpose of Occupational Safety and Health Act 1994 is to promote and encourage occupational safety and health awareness among workers and to create effective safety and health measures in the organization
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OSHA 1994
Main principles that had been taken as the foundation in the drafting of this Act.
1. 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.
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2. Consultation- tri partite where employers, employees and the government must negotiate to settle issues and problems relating to occupational safety and health at the workplace. 3. 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.
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OSHA 1994

Objective of OSHA 1994

1. 2. 3. 4. To secure the safety, health and welfare of persons at work against risks To protect persons at a place of than persons at work against risks work other To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs. 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.

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Duty of care
- An employer has legal responsibilities to ensure the health and safety of its employees and others on the work site. Employers are not exempted from the responsibility under duty of care even though he has assigned a competent person to execute the task
(Wilsons and Clyde Coal vs English)

Employers are however , not responsible for any actions by the worker which do not fall within the scope of his job such as horseplay while at work
(Smith vs Crossley Bros Ltd)

SECTION 15, 514 ACT

Meaning of 'employer (according to 1994 Act) Direct employer / the owner of an industry / a person with whom an employee has contract and services. (Manager, agent, occupant , representatives, Government Departments, Local Authorities (PBT), Statutory Bodies (Badan Berkanun)

SECTION 15, 514 ACT

DUTIES OF EMPLOYER
as far as practicable.. provide and maintain safe plant and work system make arrangement for safe use, operation, handling, storage and transportation of plant and substances provide instruction, supervision information, training and

SECTION 15, 514 ACT

DUTIES OF EMPLOYER (cont.)
as far as practicable provide and maintain safe place of work and means of access to and egress from any place of work provide and maintain safe and healthy working environment and adequate welfare facilities

SECTION 15, 514 ACT

DUTIES OF EMPLOYER (cont.)
Formulate safety and health policy Written Statement OSH Organisation OSH Arrangement

PENALTY FOR SECTION 15

PENALTY RM 50,000.00

OR
BOTH

IMPRISON 2 YRS

SECTION 16, 514 ACT

GENERAL DUTIES OF EMPLOYERS

Employers and the self-employed employers must provide a written statement of the SAFETY AND HEALTH POLICY for employees and the organization

PENALTY FOR SECTION 16

PENALTY RM 50,000.00

OR BOTH

IMPRISON 2 YEARS

SECTION 17, 514 ACT

GENERAL DUTIES OF EMPLOYERS TO OTHER PERSON BESIDES HIS EMPLOYEES To ensure others safety and health from his activities Provide information on his activities to others to ensure safety & health

PENALTY FOR SECTION 17

PENALTY RM 50,000.00

OR
BOTH

IMPRISON 2 YEARS

SECTION 18, 514 ACT

DUTIES OF THE WORKPLACE INMATES TO OTHERS BESIDES THE EMPLOYEE

Plant, materials and in / out access route must be safe & healthy

PENALTY FOR SECTION 18

PENALTY RM 50,000.00

OR
BOTH

IMPRISON 2 YEARS

Employee
A person who is employed and be paid under the contract on or in connection with the industry Employed directly by the employer Employed by the employer under the supervision of the employer or his agent The services are lent or hired by the employer

Duty of employee
Reasonable care for safety and health of himself and others Co-operate with employer and others Wear and use PPE Comply with instruction on OSH

SECTION 24, 514 ACT

GENERAL DUTIES OF EMPLOYEES

Ensure his safety and others Cooperate with employers and others Use Personal Protective Equipment (PPE) Comply to the safety instructions

PENALTY FOR SECTION 24

PENALTY RM 1,000.00

OR
BOTH

IMPRISON 3 MONTH

SECTION 25, 514 ACT

Anyone who purposely or negligently interfere or misuse anything that provided for safety, health and welfare in accordance with this act

PENALTY FOR SECTION 25

PENALTY RM 20,000.00

OR
BOTH

IMPRISON 2 YEARS

SECTION 26, 514 ACT

The employer shall not levy or charge employees on matters that held for the purpose of safety, health and welfare of employee

PENALTY FOR SECTION 26

PENALTY RM 10,000.00

OR
BOTH

IMPRISON 1 YEAR

SECTION 27, 514 ACT

The employer or union can not discriminate workers.

PENALTY FOR SECTION 27

PENALTY RM 10,000.00

OR
BOTH

IMPRISON 1 YEAR

Tambahan: Gantirugi , ambil semula

Occupational Safety and Health Related Organizations in Malaysia Human Resource Ministry

Department of Safety And Health

National Institute of Construction Safety and Health Industry

(DOSH)

(NIOSH)

Development Board

SOCSO

(CIDB)

Who are they ??

Role of DOSH
Department of Safety and Health (DOSH) The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources. responsible for ensuring the safety, health and welfare of people at work.

Role : To study and review the policies and legislations of occupational safety and health. To enforce the following legislations : a) Occupational Safety and Health Act 1994 and its regulations. b) Factories and Machinery Act 1967 and its regulations. c) 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. 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 become a secretariat for the National Council regarding occupational safety and health

National Institute of Occupational Safety and Health (NIOSH)

Role : to disseminate information to the industries as well as the public as whole by the infrastructure development and the information technology software . to organize and participate in various exhibitions, seminar and conferences held nationwide as well as advises and supports industries in their safety and health campaign activities. to consult and to meet the clients request in the effort of elevating OSH in the workplace as the preferred partner in industries.

Social Security Organisation (SOCSO)

Role : Registration of employer and employee collecting contribution processing benefit claims make payment to the injured worker and their dependents. provide vocational and physical rehabilitation benefits enhance occupational safety and health awareness of workers.

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Activity
Explain employers & employees resposibilities according to OSHA

Explain briefly the occupational safety and health ordinance and act in Malaysia

Quiz
1. Who are employers ? (2 pts) 2. State 5 duties of employer. (5 pts) 3. State 3 duties of employee (3 pts)

Ya Tuhanku, berikanlah kefahaman kepada muridku atas setiap apa yang ku sampaikan , semoga mereka dalam kalangan mereka yang bersyukur dan mentaatiMu, yang menjaga auratnya dan terdidik akhlaknya. Amin

Answers
4.1 provide and maintain safe plant and working system 4.2 make arrangement for safe use, operation, handling, storage and transportation of plant and substances 4.3 provide instruction, information, training and supervision 4.4 provide and maintain safe work and means of access to and egress from any place of work 4.5 provide and maintain safe and healthy working environment and adequate welfare facilities

5.1 Ensure his safety and others 5.2 Cooperate with employers and others 5.3 Use Personal Protective Equipment (PPE) 5.4Comply to the safety instructions