INTRODUCTION TO OSH LEGISLATION, INTRODUCTION TO OSH FRAMEWORK, UPDATES OF OSH ACTS, UPDATES OF OSH REGULATIONS, UPDATES OF OSH SUPPORT DOCUMENTS CONCLUSION

1. RAMUNA BINTI MOHAMED
POLICY AND RESEARCH DIVISION
DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH
LATEST UPDATE OF OSH LAW

2. INTRODUCTION TO OSH FRAMEWORK
UPDATES OF OSH ACTS
UPDATES OF OSH REGULATIONS
UPDATES OF OSH SUPPORT DOCUMENTS
CONCLUSION
CONTENT
INTRODUCTION TO OSH LEGISLATION

3. OSH = CROSS-DISCIPLINARY AREA CONCERNED
WITH PROTECTING THE SAFETY, HEALTH AND
WELFARE OF PEOPLE ENGAGED IN WORK OR
EMPLOYMENT
OSH GOAL =
 FOSTER A SAFE WORK ENVIRONMENT
 PROTECT PERSONS (CO-WORKERS, FAMILY
MEMBERS, EMPLOYERS, CUSTOMERS,
SUPPLIERS, NEARBY COMMUNITIES, AND
OTHER MEMBERS OF THE PUBLIC WHO ARE
IMPACTED BY THE WORKPLACE
ENVIRONMENT)
INTRODUCTION :
OSH LEGISLATION

4. INTRODUCTION :
OSH LEGISLATION
 TOOLS : TO ASSIGN
 SCOPE OF APPLICATION
 FORMATION OF OSH COUNCIL
 ROLE & RESPONSABILITIES
 POWER
 COLLECTION OF FEES

5. ACT
REGULATION
INDUSTRY
CODES OF
PRACTICES
CONVENTION
STANDARDS
GUIDANCES
INTRODUCTION :
OSH FRAMEWORK

6. INTRODUCTION :
OSH LEGISLATIVE FRAMEWORK
OCCUPATIONAL SAFETY AND HEALTH LEGISLATIVE FRAMEWORK
CONSTITUTIONAL
PROVISIONS
LAWS RELATED TO
OCCUPATIONAL
SAFETY AND HEALTH
MAJOR LAWS ON
OCCUPATIONAL SAFETY
AND HEALTH

7. Employment Act 1955 (Act 265)
Labor Ordinance of Sarawak (Amendment) Act 2005 (Act A1237)
Labor Ordinance of Sabah (Amendment) Act 2005 (Act A1238)
Children and Young Persons (Employment) Act 1966 (Act 350)
Employees Provident Fund Act 1991 (Act 452)
Employees’ Social Security Act 1969 (Act 4)
Workmen’s Compensation Act 1952 (Act 273)
Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446)
Wages Council Act 1947 (Act 195)
Pembangunan Sumber Manusia Berhad Act 2001 (Act 612)
Industrial Relations Act 1967 (Act 177)
Employment Information Act 1953 (Act 159)
Private Employment Agencies Act 1981 (Act 246)
Environmental Quality Act 1975 (Act 127)
Atomic Energy Licensing Act 1984 (Act 304)
Gas Supply Act 1993 (Act 501)
Fire Services Act 1988 (Act 341)
Uniform Building by Laws 1984
Electricity Supply Act 1990 (Act 447)
Pesticides Act 1974 (Act 149)
CONSTITUTIONAL
PROVISIONS
LAWS RELATED TO OSH
Federal Constitution
INTRODUCTION :
OSH LEGISLATIVE FRAMEWORK

8. o APPROVED BY PARLIMENT
o SETS OUT :
 DUTIES OF EMPLOYERS TOWARDS
 Employees
 Members of the public
 DUTIES OF EMPLOYEES TO
 Themselves
 Others
o QUALIFIED DUTIES BY THE PRINCIPLE
OF ‘SO FAR AS IS PRACTICABLE’
OSH ACT

9. ACT
PSMA 1984 [Act 302]
OSHA 1994 [Act 514]
FMA 1967 [Act 139]
An Act to make further provisions for
securing the safety, health and welfare
of persons at work, for protecting others
against risks to safety or health in
connection with the activities of persons
at work, …
An Act to provide for the control of
factories with respect to matters
relating to the safety, health and
welfare of persons therein, the
registration and inspection of
machinery and for matters connected
therewith.
An Act to consolidate laws relating to
safety in the transportation, storage
and utilization of petroleum and to
provide for matters relating thereto.
OSH ACTS

10. o APPROVED BY MINISTER
o MADE UNDER THE PROVISION OF THE ACT
o MORE EXPLICIT
o GOAL SETTING
o LEAVE EMPLOYERS FREEDOM TO DECIDE
HOW TO CONTROL UNLESS
 RISKS ARE SO GREAT
 PROPER CONTROL MEASURES SO COSTLY
 NOT APPROPRIATE
OSH REGULATIONS

11. OSH REGULATIONSFMA1967[ACT139]
PSMA1984[ACT302]
OSHA1994[ACT514]
 SAFETY & HEALTH
POLICY, 1995
 CIMAH, 1996
 SAFETY & HEALTH
COMMITTEE , 1996
 CPL, 1997
 SHO, 1997
 SHO ORDERS, 1997
 PROHIBITION OF
USE OF SUBSTANCE
ORDER, 1999
 USECHH , 2000
 NADOPOD, 2004
 CERTIFICATE OF
COMPETENCY -
EXAMINATION, 1970
 ELECTRIC PASSENGER &
GOOD LIFTS,1970
 FENCING OF MACHINERY &
SAFETY,1970
 NOTIFICATION OF FITNESS &
INSPECTIONS, 1970
 PERSON –IN-CHARGE, 1970
 SAFETY, HEALTH &
WELFARE, 1970
 STEAM BOILER & UPV, 1970
 ADMINISTRATION, 1970
 COMPOUNDING OF
OFFENCES (REVOCATION),
2009
 COMPONDABLE OFFENCES
(REVOCATION), 2009
 LEAD, 1984
 ASBESTOS PROCESS, 1986
 BOWEC, 1986
 NOISE EXPOSURE, 1989
 MINERAL DUST, 1989
 TRANSPORTATION
OF PETROLEUM BY
PIPELINES, 1985
 TRANSPORTATION
OF PETROLEUM BY
WATER, 1985

12. OSH ICOP
o APPROVED BY MINISTER
o HAVE A SPECIAL LEGAL STATUS
If employers are prosecuted for a breach of OSHA and it is
proved that they have not followed the relevant provisions
of the ICOP, a court can find them at fault unless they can
show that they have complied with the law in some other
way
o OFFER PRACTICAL EXAMPLES OF GOOD
PRACTICE
o GIVE ADVICE ON HOW TO COMPLY WITH
THE LAW
A guide to what is ‘AS FAR AS PRACTICABLE’

13. OSH CONVENTIONS
 OSH CONVENTIONS = A TREATY ADOPTED BY
THE INTERNATIONAL LABOUR CONFERENCE
OF ILO WHICH IS MADE UP OF
GOVERNMENT, WORKER AND EMPLOYER
DELEGATES FROM THE 183 MEMBER STATES
OF THE ILO
 OSH CONVENTION
 MORE THAN 40 CONVENTIONS (STANDARDS)
 40 CODES OF PRACTICE
 NOT COMPULSORY
 COUNTRY’S OBLIGATION

14. OSH STANDARDS
 STANDARD = A DOCUMENT ESTABLISHED
BY CONSENSUS AND APPROVED BY A
RECOGNIZED BODY THAT PROVIDES
FOR COMMON AND REPEATED USE,
RULES, GUIDELINES OR
CHARACTERISTICS FOR ACTIVITIES OR
THEIR RESULTS, AIMED AT THE
ACHIEVEMENT OF THE OPTIMUM
DEGREE OF ORDER IN A GIVEN CONTEXT
Refer : ISO/IEC GUIDE 2:1996
 NOT COMPULSORY

15. OSH GUIDELINES
 COVER WIDE RANGE OF SUBJECTS
 NOT COMPULSORY AND EMPLOYERS
ARE FREE TO TAKE OTHER ACTION
 NORMALLY ENOUGH TO COMPLY WITH
THE LAW
 SPECIFIC TO
 Safety and Health problems of an industry
 Particular process used in the industry

16. OSH GUIDELINES
 THE MAIN PURPOSES OF GUIDANCE
ARE TO:
 Interpret & understand the law
 Help to comply with the law
 Give technical advice

17. UPDATE OF ACT :
PROPOSED NEW ACT
New
Act
Act
514
Act
139

18. UPDATE OF ACT :
PROPOSED NEW ACT
TECHNICAL
SPECIFICATION
POWER OF
DIRECTOR
GENERAL
SECTION 2 :
INTERPRETATION
OF FACTORY
PART III: PERSON
IN CHARGE AND
CERTIFICATES OF
COMPETENCY
PART V : NOTICE
OF OCCUPATION
OF FACTORY,
AND
REGISTRATION
AND USE OF
MACHINERY
 PART I: PRELIMINARY
 PART II: APPOINTMENT OF OFFICER
 PART III: NATIONAL COUNCIL FOR
OCCUPATIONAL SAFETY & HEALTH
 PART IV: GENERAL DUTIES OF
EMPLOYERS & SELF EMPLOYED
PERSONS
 PART V: GENERAL DUTIES OF
DESIGNERS, MANUFACTURERS &
SUPPLIERS
 PART VI: GENERAL DUTIES OF
EMPLOYEES
 PART VII: SAFETY & HEALTH
ORGANIZATIONS
 PART VIII: NOTIFICATION OF
ACCIDENTS, DANGEROUS OCCURRENCE,
OCCUPATIONAL POISONING &
OCCUPATIONAL DISEASES, & INQUIRY
 PART IX: PROHIBITION AGAINST USE OF
PLANT OR SUBSTANCE
 PART X: INDUSTRY CODE OF PRACTICE
 PART XII: LIABILITY FOR OFFENCES
 PART XIII: APPEALS
 PART XIV: REGULATIONS

19. UPDATE OF REGULATIONS :
PROPOSED NEW REGULATION
NO REGULATION PURPOSE STATUS
1 Occupational Safety and
Health (Occupational Safety
and Health Management
System) Regulations 201X
Ensure certain industry
implementing OSH
management system to
manage OSH issues at
place of work
Attorney
General
Chambers
(AGC)
2 Occupational Safety and
Health (Inquiry Procedures)
Regulations 201X
To provide legal inquiry
procedure
Attorney
General
Chambers
(AGC)
3 Occupational Safety and
Health (Chemical Classification
Labeling and Safety Data
Sheets) Regulations 201X
[CLASS]
To align with Globally
Harmonised Systems (GHS)
implementation.
Will replace CPL
Regulations 1997.
Attorney
General
Chambers
(AGC)

20. NO REGULATION PURPOSE STATUS
4 Factories and Machinery
(Special Scheme of
Inspection)(Risk Based
Inspection) 201X
To provide new scheme of
certificate of fitness (CF)
for industry who
implementing RBI
Attorney
General
Chambers
(AGC)
5 Occupational Safety And Health
(Dangerous Machinery)
Regulations 20XX
To provide requirements
and responsibilities to
person dealing with
dangerous machinery
DOSH
UPDATE OF REGULATIONS:
PROPOSED NEW REGULATION

21. NO REGULATION PURPOSE OF AMENDMENT STATUS
1 Factories and Machinery
(Persons in Charge) Regulations
201X
To update new requirement
for steam engineer and
driver tailored with industry
needed
Attorney
General
Chambers
(AGC)
2 Occupational Safety and Health
(Safety and Health Officer)
Regulations 201X
Ensure certain industry
implementing OSH
management system to
manage OSH issues at place
of work
DOSH
3 Occupational Safety and Health
(Safety and Health Officer)
Order 201X
To specify the class or
description of industries that
require to employ safety
and health officer
DOSH
UPDATE OF REGULATIONS:
PROPOSED AMENDMENT

22. NO REGULATION PURPOSE OF AMENDMENT STATUS
4 Occupational Safety and Health
(Safety and Health Committee)
Regulations 201X
To improve and strengthen
the function and
effectiveness of SHC
DOSH
5 Factories and Machinery
(Building Operation and Works
of Engineering
Construction)(Safety) 201X
To update new requirement
tailored with construction
industry needed
DOSH
6 Occupational Safety and Health
(Use and Standards of Exposure
of Chemicals Hazardous to
Health) Regulations 201X
To update new requirement
for the usage and exposure
of hazardous chemicals
DOSH
UPDATE OF REGULATIONS:
PROPOSED AMENDMENT

23. NO ICOP PURPOSE GAZZETTE
NO.
1 Occupational Safety and
Health Industry Code of
Practice on Chemicals
Classification and
Hazard Communication
To provide guidance to employers
and employees on the proper and
effective methods of classifying
chemicals and communicating
hazard of chemicals
P.U.(B)
250/2012
UPDATE : NEW ICOP
NO ICOP REASON GAZZETTE
NO.
1 Occupational Safety and
Health Industry Code of
Practice on Chemicals
Classification and
Hazard Communication
To align with the regulation DOSH
AMENDMENT ICOP

24. NO CONVENTION PURPOSE DATE RATIFIED
1 C187 :
PROMOTIONAL
FRAMEWORK FOR
OSH, 2006
TO PROVIDE FRAMEWORK
FOR OSH
 PROMOTING CONTINUOUS
IMPROVEMENT TO
PREVENT OCCUPATIONAL
INJURIES, DISEASES &
DEATH
 ACHIEVING SAFETY &
HEALTHY WORKING
ENVIRONMENT
JUN 2012
2 C155 :
OCCUPATIONAL
SAFETY & HEALTH
CONVENTION, 1981
TO PROVIDE
FORMULATION,
IMPLEMENTATION &
REVIEW OF NATIONAL OSH
POLICY
CONSIDERING TO
RATIFY
UPDATE OF CONVENTION

25. NO STANDARDS PURPOSE GAZZETTE NO.
1 Occupational Safety and
Health (OSH)
Management Systems –
Requirements (First
Revision)
To provide requirements on
OSHMS and basis for the
development of a sustainable
safety and health culture in the
organisation
Will be made
known later
UPDATE OF STANDARDS
 DOSH = SWO
 COVER WIDE RANGE OF SUBJECTS
 UNDER ISC W
 CURRENTLY : 218 MS DEVELOPED
 163 (ADOPT - ISO) & 55 (INDIGENOUS)
PROPOSE MANDATORY STANDARD

26. NO STANDARDS PURPOSE GAZZETTE NO.
1 Safety Rules For The
Construction And
Installation Of Electric
Lift
To provide requirements
forConstruction And Installation
Of Electric Lifts
2012
2 Safety Rules For The
Construction And
Installation Of Lifts -
Hydraulic Lifts
To provide requirements
forConstruction And Installation
Of Hydraulic Lifts
2012
UPDATE OF STANDARDS
 ALSO UNDER ISC F (MECHANICAL
ENGINEERING )
 CURRENTLY : 334 MS DEVELOPED
 209 (ADOPT - ISO) & 125 (INDIGENOUS)
PROPOSE MANDATORY STANDARD

27. UPDATE OF GUIDELINES
 COVER WIDE RANGE OF SUBJECTS
 CURRENTLY : 55 GUIDELINES DEVELOPED
 AVAILABLE IN DOSH WEB SITE
LATEST STANDARDS
NO GUIDELINES PURPOSE PUBLISHED DATE
1 Guidelines on
Occupational Safety and
Health Management
Systems (OSHMS)
To guide and assist
organizations on the
implementation of the
MS1722: occupational safety
and health management
systems - requirements
standard
Dec 2010

28. UPDATE OF GUIDELINES
LATEST STANDARDS
NO GUIDELINES PURPOSE PUBLISHED DATE
2 Guideline for Media
Professionals
To provide media professionals
with information regarding
safety practices while working.
2011
3 Guidelines on Mercury
Management in Oil and
Gas Industry
To provide information and
recommendations on how to
manage mercury in the Oil &
Gas industry in compliance
with the Occupational Safety
and Health (Use and
Standards of Exposure of
Chemicals Hazardous to
Health) Regulations 2000.
2011

29. CONCLUSION
 DOSH WILL CONTINUE TO REVIEW AND
UPDATE THE OSH LEGISLATION
 ALL PARTIES ARE WELCOME TO GIVE
FEEDBACK FOR FURTHER
IMPROVEMENTOF OSH LEGISLATION

30. THANK YOU
RAMUNA BINTI MOHAMED
DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH
MINISTRY OF HUMAN RESOURCES
LEVEL 2, 3 & 4 BLOCK D3, PARCEL D
FEDERAL GOVERNMENT ADMINISTRATION CENTER
62530 PUTRAJAYA, MALAYSIA
 03-88865078
 03-88892352
 ramuna@mohr.gov.my