OSHA – ASSIGMENT 2

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GROUP MEMBER

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Section 15

1 It shall be the duty of every employer
and every self-employed person to
ensure, so far as is practicable, the
safety, health and welfare at work of
all his employees.
It is the responsibility of every employer and
every person who self-employed to ensure the
safety, health and welfare of the employees
while working.

2 Without prejudice to the generality of

subsection (1), the matters to which
the duty extends include in particular-

2(a) the provision and maintenance of The supplement and maintenance of plant and
plant and systems of work that are, so system in the working area must be safe and
far as is practicable, safe and without without harming the health of employees.
risks to health

2(b) the making of arrangements for
ensuring, so far as is practicable,
safety and absence of risks to health
in connection with the use or
operation, handling, storage and
transport of plant and substances
Calculate the risk in the use, operation,
handling and storage and measurement of the
plant and substances to ensure safety of
employees.

2(c) the provision of such information, Providing of information, instructions training

instruction training and supervision as and supervision is a must to ensure the safety
is necessary to ensure, so far as is and health of employees at the work place.
practicable, the safety and health at
work of his employees;

2(d) so far as is practicable, as regards any It is the responsibility of an employer or self-

place of work under the control of the employed person to create an entrance for the
employer or self-employed person, employees to make sure the safety and health
the maintenance of it in a condition of the employees.
that is safe and without risks to health
and the provision and maintenance of
the means of access to and egress
from it that are safe and without such
risks;

2(e) the provision and maintenance of a The needs of providing and maintenance the
working environment for his facilities to the employees as their welfare
employees that is, so far as is without affecting the safety and health.
practicable, safe, without risks to
health, and adequate as regards
facilities for their welfare at work
3(a) For the purposes of subsections (1)
and (2), "employee" includes an
independent contractor engaged by
an employer or a self-employed
person and any employee of the
independent contractor.
The meaning of employee in subsection (1)
and (2) is included an independent
contractor or a contractor that provide
service to employers or a self-employed
person.

3(b) For the purposes of subsections (1)

and (2), the duties of an employer or a
self-employed person under
subsections (1) and (2) extend to such
an independent contractor and the
independent contractor's employees
in relation to matters over which the
employer or self-employed person

(i) has control; or

(ii) would have had control but for any

agreement between the employer or
selfemployed person and the
independent contractor to the
contrary.
Section 16

Except in such cases as may be It is the duty of employers and self-

prescribed, it be the duty of every employed person to provide general
employer and every self-employed policies regarding the safety and health of
person to prepare and as often as the workers that is in force in the
may be appropriate revise a written organization and to inform workers of such
statement of his general policy with policies.
respect to the safety and health at
work of his employees and the
organisation and arrangements for
the time being in force for carrying
out that policy, and to bring the
statement and any revision of it to the
notice of all of his employees

Section 17

(1) It shall be the duty of every employer It is the responsibility of every employers
and every self-employed person to and self-employed person to inform the
conduct his undertaking in such a risk of safety and health other than their
manner as to ensure, so far as is employees.
practicable, that he and other
persons, not being his employees,
who may be affected thereby are not
thereby exposed to risks to their
safety or health.

(2) It shall be the duty of every employer It is the responsibility of every employers
and every self-employed person, in and self-employed person to expose and
the prescribed circumstances and in inform the risk of safety and health to
the prescribed manner, to give to other person that might contact with
persons, not being his employees, operation of the company/organization.
who may be affected by the manner
in which he conducts his undertaking,
the prescribed information on such
aspects of the manner in which he
conducts his undertaking as might
affect their safety or health.
Section 18

(1) An occupier of non-domestic premises

which has been made available to
persons, not being his employees, as a
place of work, or as a place where
they may use a plant or substance
provided for their use there, shall take
such measures as are practicable to
ensure that the premises, all means of
access thereto and egress therefrom
available for use by persons using the
premises, and any plant or substance
in the premises or provided for use
there, is or are safe and without risks
to health

(2a) A person who has, by virtue of a

contract or lease or otherwise, an
obligation of any extent in relation to
the maintenance or repair of a place
of work or any means of access there
to or egress therefrom shall for the
purpose of subsection (1) be deemed
to have control of the matters to
which his obligation extends.

A person who has, by virtue of a

contract or lease or otherwise, an
obligation of any extent in relation to
the prevention of risks to safety and
health that may arise from the use of
any plant or substance in the place of
work shall for the purpose of
subsection (1) be deemed to have
control of the matters to which his
obligation extends.

Section 19

A person who contravenes the
provisions of section 15, 16, 17 or 18
shall be guilty of an offence and shall,
on conviction, be liable to a fine not
exceeding fifty thousand ringgit or to
imprisonment for a term not
Anyone that has been charged under
section 15,16, 17, or 18 should be imposed
to a fine of not more not fifty thousand
ringgit or sentenced not more than two
years or both.
exceeding two years or to both