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OSH
LEARNING OUTCOME
SAFETY
OCCUPATIONAL HEALTH
OSH
OSH : WHAT?
NIOSH
SOCSO
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
FUNCTION OF DOSH
4. To carry out
3. To conduct promotional and
5. To become a
research and publicity programs to
secretariat for
technical analysis on employers, workers and
the National
issues related to the general public to
Council regarding
occupational safety foster and increase the
occupational
and health at the awareness of
safety and health
workplace. occupational safety and
health.
NIOSH (National Institute of
Occupational Safety and Health) was
established on 24 June 1992 as a
Company Limited by Guarantee, under
the Malaysian Companies Act, 1965.
FUNCTION
1. To provide
OF NIOSH 4. Support
training and industries in
education of their safety and
Safety and health campaign
Health activities
IMPORTANT???
OSH : WHY?
1) LEGAL ARGUMENTS
Legal responsibilities under both the statute laws and common laws
- Statute Laws main statute provisions: OSHA 1994, FMA 1967
- Both the Acts are enforced by DOSH
- Non-compliance and upon conviction- fined, or imprisoned or
both:
> OSHA 1994 max 50K fine, or max 2 years imprisonment, or both
> FMA 1967 max 250K fine, or max 5 years imprisonment, or both.
- Imposed with improvement or prohibition notices
- Offences are compoundable
Common Laws: common duty of care, negligence, nuisance,
trespassing, Tort (upon conviction, the court will determine amount of
compensation)
OSH : WHY?
2) ECONOMIC ARGUMENTS
Cost of an accident: insured costs, uninsured costs/hidden cost
Affected parties: country, employer/organization, victims and family
members
Economic implications to the country
- invested on education, training and other welfare needs
- lost of trained and skilled workers
- high compensation and medical cost
Economic implications to employer/organisation
- legal proceedings time and fees involved
- cost of investigations, replacement of workers and training of new
workers
- interrupted work activities (low productivity)
- low morale of workers (low productivity and quality)
Economic implications to victims and family members:
- no or less income depending on compensation, if any
- dependents survival at stake
OSH : WHY?
3) HUMANITARIAN ARGUMENTS
Sufferings and trauma experienced by the victims, family members and
close friends.
Loosing intimate relationships with family members and friends.
OSH : WHY?
Formation and
implementation of
Employees can
safety programs
remain motivated Violence at
that are meant to
if they feel safe workplace
teach the
and happy
employees to
handle risks
OSH : HOW?
Accident prevention
is an essential part
of good
management and
workmanship
Management
Best available
and workers
knowledge
must
and methods
cooperate
OSH
CONCEPT
Organization Top
and resources management
to achieve must take the
policy lead
A define and
known safety
and health
policy
OSH : HOW?
Statutory
Law
OSH
Legislation
Common
Law
OSH : HOW?
Statutory Law
Written law of a country consisting of Acts of
Parliament, regulations and orders made within the
parameters of a relevant subject in focus.
Set out a framework of principles in the areas or issues
involved.
Regulations and orders are not necessarily written at
the time the Acts were introduced. They are sometimes
added in after the Acts are established to accommodate
new requirements.
OSH : HOW?
Common Law
Evolved as a result of decisions by courts and
judges.
Common law related to OSH issues is known as
tort of negligence (or Law of Tort).
A tort is defined as a type of civil offence. This
is where the common principles fill the gap if
and when a statutory law does not supply any
specific requirements.
OSH : HOW?
Minerals Enactment