Guide to OCCUPATIONAL SAFETY AND HEALTH ACT (Malaysia)

Source: Lawyerment.com.my

http://www.lawyerment.com.my/library/doc/empl/osha/

The Occupational Safety and Health Act 1994 is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforce and to protect others against risks to safety or health in connection with the activities of persons at work. It is a practical tool superimposed on existing safety and health legislation. required written safety and health policy of all companies, duties of the employer, employee and the safety and health officer, the safety and health committee of companies and occupational safety and health inspections and officers.

The aims of this Act are

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

to protect person 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

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 legislation 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.

The provision of the Occupational Safety and Health Act 1994 are based on the self-regulation scheme. Its primary responsibility is to ensure safety and health of work lies with those who create the risks and those who work with the risks.

Through self-regulating scheme that is designed to suit the particular industry or organization, this Act also aims to establish effective safety and health organization and performance.

The concept of self-regulation encourages cooperation, consultation and participation of employees and management in efforts to upgrade the standards of safety and health at the workplace.

The Occupational Safety and Health Act 1994 is enforced by the Department of Occupational Safety and Health (DOSH), a government department under the Ministry of Human Resources Malaysia.

Department of Occupational Safety and Health (DOSH) will ensure through enforcement and promotional works that employers, self-employed persons, manufacturers, designers, importers, suppliers and employees always practise safe and health work culture, and always comply with existing legislation, guidelines and codes of practice.

Department of Occupational Safety and Health (DOSH) will also formulate and review legislation, policies, guidelines and codes of practice pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at work.

Department of Occupational Safety and Health (DOSH) is also the secretariat to National Council for Occupational Safety and Health, a council established under section 8 of the Occupational Safety and Health Act 1994.

The National Council for Occupational Safety and Health shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.

HOW DOES THE ACT AFFECT ME ?

All employers with more than 5 employees are required by the legislation to formulate a written Safety and Health Policy.

The object of the Safety and Health Policy is to demonstrates the company's commitment and concern to ensure safety and health at place of work. When making decision or performing work activities of the organization, issues on safety and health stated in the policy must be taken into account.

The Occupational Safety and Health Act 1994 specifies the general duties of employers, selfemployed persons, manufacturers, designers, suppliers and employees.

Among the provisions of the Act is the establishment of the safety and health committee, the appointment of a safety and health officer and the enforcement, investigation and offenses.

WHAT SHOULD BE INCLUDED IN THE WRITTEN SAFETY AND HEALTH POLICY ?

The following describes the essential ingredients for the written Safety and Health Policy as required by law.

The written policy is divided into 3 main parts, namely :

General Policy Statement

Organization

Arrangements

The General Policy Statement concerns with the overall intent of the employer to look after the safety and health of the workforce. This statement can be simple and brief. Essentially it should :

point out that the management accept responsibility for safety and health of the employees and others who may be affected by the work activities

a summary of the policy's goals

emphasize the importance of safety and health to overall business performance

include a reference to other parts of the policy document which go into more details and

be dated and signed by the person at the top management in the organization such as the Chairman or Managing Director.

The second part of the policy on Organization should describe the safety and health responsibilities. This is primarily about the role of each person. Among others it should include :

the list of safety and health responsibilities of all levels of management

the role of employees in the implementation of the policy. It is the duty of each employee not to endanger himself or others by his actions or omissions, and to cooperate in all measures provided for his safety and health.

the structure and role of safety and health committees and other in-house safety and health organization, if any.

The Arrangements or final part of the written policy concerns with practical systems and procedures. It deals mainly with potential hazards and measures to be taken to solve the problem. Essentially it should specify detailed arrangements for ensuring that the policy is being implemented including :

the arrangement for training and instructions

information about hazards that may be in certain processes, the control measures and the ways in which employees should cooperate for their own safety and health

explain the company's safe system of work including procedures and rules

scheme for the issuance, use and maintenance of personal protective equipment (P.P.E.)

the procedure for investigation and reporting of accidents and

emergency measures such as first aid and fire arrangements.

It is important that contents of the policy be made known to employees during induction course and job training.

The policy statement should be displayed at strategic locations in the workplace.

WHAT ARE MY DUTIES AS AN EMPLOYER ?

As an employer, you have duties to your employees and to persons other than your employees.

The general duties of employers and self-employed persons are stated in Part IV of the Occupational Safety and Health Act 1994.

If you contravene this provision of the Act, you will be liable to a fine not exceeding RM50,000 or 2 years imprisonment or to both.

Among others, you have a duty to ensure, so far as is practicable, the safety, health and welfare at work for all your employees.

You have the obligation to ensure that existing plant is up to the necessary standards with respect to safety and risk to health and that, when new plant is installed, latest practice in safety and health are taken into account.

You must ensure a safe system at the workplace and minimize operations that present danger of injury or health impairment. This may require special systems of work, such as the "permit to work" system.

You should regularly monitor the work environment to ensure that, where known health hazards are present, protection conforms to current health standards, including medical surveillance of workers.

You should make arrangement for ensuring safety and health in connection with the use or operation, handling, storage and transportation of plants and substances.

You should ensure that no charge is levied on any employee for anything done or provided to meet any specific requirement for safety and health at work.

You should prepare a written statement of general policy, organization and arrangements for safety and health at work, keep it up-to-date by revision and inform all employees of the notice and revision to the policy where applicable. This policy must be implemented at workplace.

You need to provide information, instruction, training and supervision in safe work practices and consider specific training needs of your organization with particular reference to processes with special hazards.

Additionally, you must conduct your activities, so as to ensure that people other than your employees are not exposed to risks to safety and health.

You shall notify the nearest Department of Occupational Safety and Health office of any accident, dangerous occurrence, occupational poisoning or occupational disease which has occurred or is likely to occur at the place of work.

You shall provide the Safety an Health Officer adequate facilities including appropriate information and training equipment to enable Safety and Health Officer to conduct his duties.

In any investigation conducted by the Safety and Health Officer, you shall direct one ore more supervisor to assist.

You cannot discriminate against your employee or dismiss an employee, injure him in his employment or alter his position to his detriment by reason only that the employee makes a complaint about a matter which he considers is not safe or is a risk to health.

If you contravenes the above provisions of the Act, you shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM10,000 or to a term of imprisonment not exceeding 1 year or to both.

WHAT ARE MY DUTIES AS AN EMPLOYEE ?

It shall be your duty as an employee while at work :

to take reasonable care at work for the safety of yourself and other persons

to cooperate with your employer or any other person in the discharge of any duty, under the Act or Regulations

to wear or use at all times any protective equipment and clothing provided by your employer for the purpose of preventing risks to your safety and health

to comply with any instruction or measure on occupational safety and health as required under the Act or Regulations

If you contravene this provision of the Act, you shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM1,000 or to imprisonment for a term not exceeding 3 months or to both.

If you intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interests of safety, health and welfare in pursuance of the Act, you shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM20,000 or to imprisonment for a term not exceeding 2 years or to both.

WHAT ARE MY DUTIES AS A DESIGNER, FORMULATOR, MANUFACTURER, IMPORTER OR SUPPLIER ?

It shall be your duty as a designer, formulator, manufacturer, importer or supplier :

to ensure, as far as is practicable, that the plant or substances is safe and without risks to health when properly used

to carry out or arrange for carrying of such testing and examination as may be necessary for the performance of the duty imposed on you

provide adequate information about the use of such plant or substance so that it will be safe and without risk to health when properly used

designers or manufacturers of plant, and manufacturers or supplier of substance for use at work shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is practicable, the elimination or minimization of any risk to safety or health to which the design or plant may give rise

erectors or installers of plant to ensure so far as is practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used by persons at work

If you contravene this provision of the Act, you shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM20,000 or to imprisonment for a term not exceeding 2 years or to both.

WHAT ARE THE DUTIES OF A SAFETY AND HEALTH OFFICER ?

A safety and health officer shall advise employer on the measures to be taken in the interests of safety and health at place of work.

Safety and health officer shall inspect place of work to determine any hazard liable to cause bodily injury and to investigate any accident, near miss, dangerous occurrence, occupational poisoning or disease.

It is also the duty of a safety and health officer to assist employer or safety and health committee in organizing and implementing Occupational Safety and Health programme.

Other duties of a safety and health officer include

to become the secretary of a safety and health committee

to assist the safety and health committee in inspections

to collect, analyze and maintain statistics

to assist any officer in carrying his duty under the Act and regulations and

to carry out any other instruction made by the employer on any matters pertaining to safety and health at workplace.

IS IT COMPULSORY TO ESTABLISH A SAFETY AND HEALTH COMMITTEE AT WORKPLACE ?

Pursuant to section 30 of the Occupational Safety and Health Act 1994, every employer shall establish a safety and health committee at workplace if there are 40 or more persons employed at the place of work.

A person who contravenes the above provisions shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM5,000 or imprisonment for a term not exceeding 6 months or to both.

The functions of the safety and health committee include :

to keep under review the measures taken to ensure the safety and health of persons at the place of work

investigate any matter at the place of work which a member of the committee or a person employed thereat considers is not safe or is a risk to health and which has been brought to the attention of the employer

attempt to resolve any matter referred to and if it is unable to do so, shall request the Director General of Occupational Safety and Health to undertake an inspection of the place of work for that purpose.

WHAT ARE THE DUTIES OF AN OCCUPATIONAL SAFETY AND HEALTH OFFICER IF HE IS TO CONDUCT AN INSPECTION AT A WORKPLACE ?

An occupational safety and health officer shall take all reasonable steps to notify the employer and the safety and health committee of the entry.

The occupational safety and health officer shall be produced on demand to the employer or any person in charge of a place of work a certificate of authorization issued by the Director General of the Occupational Safety and Health.

Upon concluding an inspection, an officer shall give to the employer and the safety and health committee information with respect to his observations and any action he proposes to take in relation to the place of work.

Where an officer proposes to take and remove a sample from a place of work for the purposes of analysis, he shall notify the employer and the safety and health committee and after having taken the sample he shall where possible

divide the sample taken into as many parts as are necessary and mark and seal or mark and fasten up each part in such a manner as its nature will permit

if required by the employer or the safety and health committee, deliver one part each to the employer and the safety and health committee

retain one part for future comparison and

if an analysis of the sample is to be made, submit another part to an analyst for analysis.

CAN AN OCCUPATIONAL SAFETY AND HEALTH OFFICER ENTER A PLACE OF WORK WITHOUT SEARCH WARRANT ?

Where an officer is satisfied upon information received that he has reasonable grounds for believing that, by reason of delay in obtaining a search warrant, any article or part thereof in a place of work or residential place used to commit or intended to be used to commit an offence under the Occupational Safety and Health Act 1994 or any regulation made thereunder is likely to be removed or destroyed, he may enter the place of work or residential place without a warrant and seize or seal the article or part thereof found therein.

In exercising his powers, if it is necessary so to do, an officer may

break open any outer or inner door of a place of work or residential place and enter thereinto

forcibly enter the place and every part thereof

remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect and

detain every person found in the place until the place has been searched.

However, an officer seizing any article or part thereof shall prepare a list of the things seized and forthwith, or as soon as is practicable, deliver a copy of the list signed by him to the occupier, or his agent or servant present in the premises, and if the premises are unoccupied the officer shall, whenever possible, post a list of the things seized on the premises.