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DIPLOMA IN OCCUPATIONAL SAFETY AND HEALTH

OSH 2434
OSH Organization

CHAPTER 4
• At the end of lecture student should be
able to:
– Explain SHO regulation
– explain safety and health committee

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OSH ORGANIZATION
¤ Compulsory by Sec. 29:
 Build organization
 Appoint officer responsible

¤ Must be lead by top management:


 Have executive power
 Responsible for overall OSH Management

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ORGANIZATION CHART
¤ Under Safety and Health Department:
 Safety and Health Manager
 Senior Safety and Health Officer
 Safety and Health Officer
 Safety and Health Executive
 Industrial Hygienist
 Hygiene Technician
 Risk Assessor
 Radiation Protection Officer
 Other competent officer

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SAFETY AND HEALTH OFFICER
(SHO)

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Who is SHO
¤ Under OSHA 1994:
 Person that registered with Director General,
DOSH
 Competent person that will ensure the safety and
health at workplace
 Person that exclusively appointed to enforce OSHA
1994 and its regulation

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Part VII, Sec. 29, OSHA 1994:
1. “an occupier of a place of work to which this section applies
shall employ a competent person to act as a safety and health
officer at the place of work”
2. “the safety and health officer shall be employed exclusively
for the purpose of ensuring the due observance at the place
of work of the provisions of this Act and any regulation made
there under and the promotion of a safe conduct of work at
the place of work”
3. “the safety and health officer shall possess such qualifications
or have received such trainings the Minister may, by
notification in the gazette, from time to time prescribe”

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Occupational Safety and Health (Safety and
Health Officer) Regulations 1997
Reg 6 (1) Qualification for registration (under part II
SHO Regulation 1997)
a) Holds diploma in OSH/equivalent approved by the Minister on the
recommendation of the DG
b) Completed a course of training in OSH and passed any
examination and has a minimum of three years experience in OSH
c) Work in area of OSH at least 10 years, or
d) Holds other qualification or received training

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Occupational Safety and Health (Safety
and Health Officer) Order 1997
Order 3 Class or description of industries required to employ
SHO.
Employer of the following class shall employ a SHO:
(a) Building operation and engineering construction (contract
exceeds RM20 million)
(b) Any ship building, gas processing or petrochemical industries,
chemical or allied industry, any boiler or PV mfg activity, metal
industry, wood working industry and cement industry with
more than 100 employees
(c) Other manufacturing activity with more than 500 employees

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Duties of employer
Part IV Duties of an employer (under SHO Regulation
1997)
15. Provide the SHO adequate facilities including training
equipment and appropriate information to conduct his duties
16. Permit the SHO at least once a year to attend any
continuous education programme to enhance his knowledge
in OSH
17. Shall direct a supervisor to assist SHO in any investigation of
accident in the place of work

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Duties of SHO
Part V Reg 18 Duties of SHO (under SHO Regulation 1997)
(a) Advise employer on the measures to be taken in the interest
of OSH
(b) Inspect the condition of workplace
(c) Investigate any accident, near-miss, dangerous occurrence
and occupational poisoning or disease
(d) Assist employer in safety and health committee, organising
and implementing OSH programme at workplace

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(d) become secretary to safety and health committee

(e) Collect, analyse and maintain statistic and OSH


documents

(f) To ensure all legal requirements are enforced and


followed

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Monthly Report
Part V Reg 19 SHO to submit report (under SHO Regulation 1997)
(1) Must be submit before tenth of the preceding month
pertaining to his activities to the employer.
(2) Shall contain:
a) matter related to OSH in workplace
b) Method of establishing and maintaining a safety and healthy
working condition in the workplace
c) Number and types of accident, near-miss, dangerous
occurrence, occupational poisoning and disease
d) Any other matters related to safety and health of person
working in the place of work

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Part V Reg 20 action to be taken on report
(under SHO Regulation 1997)
(1) Employer shall not later than two weeks discuss the
report with SHO

(2) Employer shall countersign the report to confirm


that he has received it

(3) Report shall be kept in good condition at least for


period of ten years

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Who is safety committee?
• Committee that was established by employee to
make and maintain arrangements that allows
employer and employee cooperate effectively in
promoting and developing rules and procedures
in ensuring safety and health at workplace.

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Establishment of safety and health committee at place of work
OSHA 1994, Part VII Safety and Health
Organization Sec 30
(1) Every employer shall establish a safety and health
committee at the place of work in accordance with this
section if-

a) there are forty or more persons employed at the place of


work; or
b) the Director General directs the establishment of such a
committee at the place of work”

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Membership of committee
Part II Reg 5 (under Safety and Health Committee
Regulation 1996)
(1) Committee include
 1 = A chairman (employer/ authorised manager)
 1 = A secretary (safety and health officer)
 2 or 4 = Employer representative
 2 or 4 = Employee representative
(2) When there are:
o 100 workers or less (2 representatives each from employees and mgt)
o > 100 workers (4 representatives each from employer and mgt)

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Removal of member of committee
Part II Reg 10 (under Safety and Health Committee Regulation
1996)
a) Failed to attend three consecutive meetings without leave of the
chairman
b) Bankrupt
c) Resigned
d) Convicted of an offence involving fraud, dishonesty or moral turpitude
e) Convicted of an offence under a law relating to OSH
f) Convicted any other criminal offence
g) Unable or incapable to discharging his duties as a member of the
committee

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Part III Functions of Safety and
Health Committee
Reg 11 (under Safety and Health Committee Regulation 1996)
a)Assist in the development of safety and health rules and safe
systems of work
b)Review the effectiveness of safety and health programs
c) Report to employer of any unsafe condition or practices together
with recommendation for corrective actions
d)Review and make recommendation on safety and health policies

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Inspection of place of work
Reg 12 (under Safety and Health Committee Regulation 1996)
A safety and health committee shall;
(a)Inspect the place of work at least once in every three months
(b)Discuss as soon as is practicable the observations of the
committee during the inspection
(c)Make recommendation to the employer pertaining any matter
to the safety and health of person at place of work

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Effective Safety and Health Committee
• Basic knowledge and interest of members
• On-going training and education of members
• Availability of relevant information to members
• Regulatory and frequency of meetings
• Fast decision making and follow-up action
• Wide publicity of committee activities
• Recognition of members
• Leadership of chairman
• Stick to safety and health matters only

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Part IV Meetings of Safety and Health Committee
Reg 21 Frequency of meetings Reg 27 Minutes of meetings
of committee (under Safety (under Safety and Health
and Health Committee Committee Regulation 1996)
Regulation 1996)  Minutes circulated not
 At least once a month for later than two weeks
high risk workplace after meeting
 Once in a three month for  Minutes kept for seven
other workplace years for DOSH inspection
 Immediate in the event of
loss of life or serious
bodily injury

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Part V Provisions of Training and Information
Reg 28 Duty of employer (under Safety and Health
Committee Regulation 1996)
Ensure basic understanding and knowledge of the functions
of the committee under the Act

Reg 29 Duty to provide adequate training (under Safety and


Health Committee Regulation 1996)
Provide adequate training in OSH

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SHC member should receive
training in their functions:
 The terms of reference of the committee, what it does and
what it cannot do
 How to make the most of accident and ill-health statistics and
using them
 How to analyse audits and inspection reports
 How to review safety policies, procedures, etc
 How to communicate effectively
 The role of minutes and agendas
 The role of the chairperson and secretary

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Part VI Penalty

Reg 32 penalty (under Safety and Health Committee


Regulation 1996)
A person who by any act or omission contravenes any of
the provisions of these Regulations shall be guilty of an
offence and shall, on conviction, be liable to a fine not
exceeding five thousand ringgit or imprisonment for a term
not exceeding six months or to both

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1. Ismail Bahari. (2006). Pengurusan Keselamatan dan
Kesihatan Pekerjaan. 2nd. ed. McGraw Hill Education.

2. David L. Getsch. (2008). Occupational Safety and


Health for Technologists, Engineers and Managers. 6th.
ed. Pearson Prentice Hall.

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