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INTRODUCTION TO OCCUPATIONAL SAFETY
AND HEALTH LEGISLATIONS IN MALAYSIA -
ACT 139 - FACTORIES AND MACHINERY ACT, 1967 (FMA...
Exposure to OSH related legislations in
Malaysia
Describe the differences between the
laws
Describe the key elements in bo...
The code of laws of Babylonian King
Hammurabi (circa 2000 B.C.)
Printed the code on a 2.4 height stone
monument and publis...
If a builder built a house for a man and do not make its construction
firm and the house which he has built collapse and c...
Development of OSH in Malaysia very close relates to UK
UK developed their OSH legislation during Industrial Revolution
in...
Selangor Boiler Enactment 1892
Perak Boiler 1903
Machinery Ordinance 1913
Machinery Enactment 1932
Factory and Machinery A...
8
ACT
Describe basic scope and provision of the Act
Gazetted by Parliment
Related OSH laws - AKKP 1994, AKJ 1967, ABE 1990...
Common OSH laws:
Akta Kilang dan Jentera 1967.
Akta Keselamatan dan Kesihatan
Pekerjaan1994.
10
Specific laws e.g.:
Pesticide Act 1984.
Petroleum (Safety Measures) Act 1984.
Atomic Energy Licensing Act 1984.
Electri...
Fire Services Act 1988
Uniform Building By-Law 1984
Petroleum Safety Measures Act 1984
Gas Supply Act 1993
Diesel and Gas ...
Resource : DOSH website
Resource : DOSH website
An Act to provide for the control of factories
with respect to matters relating to the safety,
health and welfare of perso...
Included
SIX Parts with 59 Sections
THREE SCHEDULE
1. FIRST SCHEDULE – Dangerous Occurrence
2. SECOND SCHEDULE – Serious B...
Factory
Terms & definition of;
Chief Inspector/Inspector
Building Operations
Works of Engineering Construction
Lifts/Hoist...
Section 4. Appointment of officers.
Section 5. Supervision of officers.
Section 6. Officers are public servants.
Section 7...
Section 12. Lifting of weights.
No person shall be employed to lift, carry or move
any load so heavy as to be likely to ca...
Section 13. Provisions against fire.
Without prejudice to any law with respect to local
authorities, in every factory ther...
Section 19 and 19A. Certificate of Fitness and
Revoke of certificate due to fraud.
(1) No person shall operate or cause or...
Section 20. Duties of persons employed.
(1) No person employed in any factory or in any place
where any machinery is insta...
Section 24. Personal protective clothing and
appliances.
Where in any factory persons are exposed to a wet or
dusty proces...
Section 25. Provision relating to welfare .
In relating to the factory, the following
provision relating to welfare of the...
Section 26. Training and supervision of
inexperienced workers.
No person shall be employed at any machine or in
any proces...
Section 28. Young persons.
(1) No young person shall carry out work
involving the management of, or attendance
on, or prox...
Section 31. Accidents and dangerous
occurrence to be reported.
causes loss of life to any person;
causes serious bodily in...
Section 31, continue;
or any dangerous occurrence takes place in
any factory or in connection with any
machinery, the occu...
Section 32. Notification of occupational diseases.
(1) Every registered medical practitioner attending on, or called
in to...
Section 34. Operation of factory.
Section 35. Building operations or works of
engineering construction.
Section 36. Instal...
Section 51. Penalties
(1) Any person who contravenes section 31,
subsections 34(1), 36(1), 38(1) and 39(1), shall be
guilt...
Section 51. Penalties
(3) Where the offence of which any person is
convicted is a continuing offence, such person
shall, i...
Section 51. Penalties
(4) Any person who without reasonable excuse
fails to comply with any written order or notice
issued...
Section 51. Exemptions
(1) Nothing contained in this Act shall apply to—
(a) any factory or machinery operated—
(i) by the...
Section 51. Exemptions
(2) Any factory and machinery operated by:
(a) the Government of the Federation and the
Government ...
Section 51. Exemptions
(3) The Minister may, by order, exempt either
conditionally or absolutely any factory or
machinery ...
REGULATIONS UNDER FMA 1967
1. Factories and Machinery (Mineral Dust) Regulations, 1989
2. Factories and Machinery (Noise E...
REGULATIONS UNDER FMA 1967
8. Factories and Machinery (Notification of Fitness and Inspections)
Regulations
9. Factories a...
Building Operations and Works of
Engineering Construction Safety
Regulation 1986 (BOWECS)
Imposes duties on employer to co...
INTRODUCTION TO OCCUPATIONAL
SAFETY AND HEALTH LEGISLATIONS IN
MALAYSIA -
ACT 514 - OCUPATIONAL SAFETY AND HEALTH ACT,
199...
(OCCUPATIONAL SAFETY AND HEALTH
ACT 1994, (ACT 514))
An act to make further provisions for
securing the safety, health and...
Occupational Safety and Health Act 1994
(Act 514)
Was implemented on 25 February 1994
As a guideline used by public or
pri...
In this Act,
-the responsibility for OSH at
workplace are shared between
employers and employees
- moved from the era of d...
Aiming to improve the management and
awareness of health and safety issues
In the long term, it aims to encourage the
safe...
COMMON TERMS:-
Government
Federal, state or local government
Immediate employers
Employee directly employed by or
through ...
COMMON TERMS:-
Employee/Workers
Directly employed by principal
Employed by or through immediate
employer
Temporary engage ...
COMMON TERMS:-
So far as is practicable – execute any
action after consider
Severity of hazard and risk
State of available...
COMMON TERMS:-
Premises
Land, building & part of it
Vehicle, vessel or aircraft
Installation on water and land
Tent and mo...
OBJECTIVES OF THE ACT
Part 1(4)
The objectives of this Act are:
a)To secure the safety ,health and
welfare of persons at w...
b) To protect persons
at a place of work other
than persons at work
against any risks to
safety or health arising
out of t...
c) To promote an
occupational
environment for
persons at work
which is adapted to
their physiological
and psychological
ne...
d) to provide the means whereby the
associated occupational safety and
health legislations may be
progressively replaced b...
Scope of this act covers all working
people in sectors such as
manufacturing, mining (quarry),
construction, forestry and ...
CONTENTS
OSHA span over fifteen parts and
three(3) schedule
This act enables measures over
existing health and safety regu...
PART I – PRELIMINARY
PART II – APPOINTMENT OF OFFICERS
PART III – NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY &
HEALTH
PART I...
PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
PART X – INDUSTRIES CODE OF PRACTICE
PART XI – ENFORCEMENT AND INV...
PART III
National council for occupational Safety & health
Section 8.
Establishment of the Council. There shall
be establi...
PART III
National council for occupational Safety & health
Section 9. Membership of the Council.
(1) The Council shall con...
PART III
National council for occupational Safety & health
Section 11.
(1) The Council shall have power to do all
things e...
PART IV
General duties of employers and self-
employed persons
Section 15. General duties of
employers and self-employed p...
PART IV
General duties of employers and self-
employed persons
Section 15. General duties of
employers and self-employed p...
PART IV
General duties of employers and self-
employed persons
Section 15.(2)
(a) the provision and maintenance of plant a...
PART IV
General duties of employers and self-
employed persons
Section 15.(2)
(d) so far as is practicable, as regards any...
PART IV
General duties of employers and self-
employed persons
Section 15.
3.For the purposes of subsections (1) and (2)-
...
PART IV
General duties of employers and self-
employed persons
Section 16. Duty to formulate safety and
health policy.
Exc...
PART IV
General duties of employers and self-
employed persons
Section 17. General duties of employers and
self-employed p...
PART IV
General duties of employers and self-
employed persons
Section 17. General duties of employers and
self-employed p...
PART IV
General duties of employers and self-
employed persons
Section 18. Duties of an occupier of a place
of work to per...
PENALTY FOR OFFENCE (15-18)
FINE : Not exceeding RM 50,000.00
IMPRISONMENT : Not exceeding 2 years
Or
BOTH
PART VI
General duties of employees
Section 24. General duties of employees at
work.
(1) It shall be the duty of every emp...
PART VI
General duties of employees
Section 24. General duties of employees at
work.
(1) It shall be the duty of every emp...
PART VI
General duties of employees
Section 24. General duties of employees at
work.
(2) A person who contravenes the prov...
PART VI
General duties of employees
Section 25. Duty not to interfere with or
misuse things provided pursuant to certain
p...
PART VI
General duties of employees
Section 26 – Duty not to charge employees
for things done or provided
No employer shal...
PART VI
General duties of employees
Section 27 – Discrimination against
employee
(3) An employer who, or a trade union whi...
PART VII
Safety and Health Organization
Section 29 – Safety and Health Officer
1) This section apply to classes as in Gaze...
PART VII
Safety and Health Organization
Section 30 – Safety and Health Committee
1) Every employer should establish a safe...
DUTIES OF EVERYONE
The Act places duties on employers, self-employed
people and employees to ensure that their work activi...
REGULATIONS UNDER OSHA 1994
1. Occupational Safety and Health (Notification of Accident, Dangerous
Occurrence, Occupationa...
FMA 1967 OSHA 1994
Scope Only cover OSH in the
manufacturing, mining, quarrying,
works of engineering and
construction
Cov...
Module 2 Legislation of OSH in Malaysia
Module 2 Legislation of OSH in Malaysia
Module 2 Legislation of OSH in Malaysia
Module 2 Legislation of OSH in Malaysia
Module 2 Legislation of OSH in Malaysia
Module 2 Legislation of OSH in Malaysia
Module 2 Legislation of OSH in Malaysia
Module 2 Legislation of OSH in Malaysia
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Module 2 Legislation of OSH in Malaysia

Important provisions in Factories and Machinery Act (FMA) 1967 and Occupational Safety and Health Act (OSHA) 1994

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Module 2 Legislation of OSH in Malaysia

  1. 1. INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH LEGISLATIONS IN MALAYSIA - ACT 139 - FACTORIES AND MACHINERY ACT, 1967 (FMA) by: NORRAZMAN ZAIHA BIN ZAINOL FACULTY OF ENGINEERING TECHNOLOGY
  2. 2. Exposure to OSH related legislations in Malaysia Describe the differences between the laws Describe the key elements in both laws
  3. 3. The code of laws of Babylonian King Hammurabi (circa 2000 B.C.) Printed the code on a 2.4 height stone monument and published to people Hammurabi prescribed punishment of overseers for injuries suffered by workers Also, imposed fine to prevent the accident Death penalty if causing death to other and compensation to victim
  4. 4. If a builder built a house for a man and do not make its construction firm and the house which he has built collapse and cause death of the owner of the house - the builder shall put to death If it cause the death of the son of the owner of the house- they shall put to death a son of the builder If it cause the death of a slave of the owner of the house- he shall give the owner of house of slave of equal value If it destroy property, he shall restore whatever is destroyed, and because he did not make the house which he built firm and collapsed, he shall rebuilt the house which collapsed at his own expense If a builder built a house for a man and do not make its construction meet requirements and a wall fall in, that builder shall strength the wall at his own expense
  5. 5. Development of OSH in Malaysia very close relates to UK UK developed their OSH legislation during Industrial Revolution in 19th century Earlier, limited liability on employer – “doctrine common employment” Laws enacted to control the working hour, gender and age. Tragic events such as factory fires also triggered legislation requiring improved factory safety standards. By the end of the nineteenth century, the concept of responsibility without fault of the employer gave rise to compensation and insurance schemes for occupational injuries and then diseases including the first traces of the principle of prevention. 1970, a committee chaired by Lord Roben investigated on the failure of UK factories to reduce the accident and from his report, UK enacted HASAWA 1974 to replace other OSH laws Source : ILO 2009
  6. 6. Selangor Boiler Enactment 1892 Perak Boiler 1903 Machinery Ordinance 1913 Machinery Enactment 1932 Factory and Machinery Act 1967 Lift Regulation 1970 Lead Regulation 1984 Noise Regulation 1989 Mineral Dust Regulation 1989 Asbestos Regulation 1991 Occupational Safety & Health Act 1994
  7. 7. 8 ACT Describe basic scope and provision of the Act Gazetted by Parliment Related OSH laws - AKKP 1994, AKJ 1967, ABE 1990 dan AKAS 1974 REGULATIONS Detailing on the requirement of the provision of the Act Approved by immediate Ministry CODE OF PRACTICE / GUIDELINE Guideline to comply with the Act and Regulations Develop with assistance from the industries and approved by DOSH Not an act or regulations
  8. 8. Common OSH laws: Akta Kilang dan Jentera 1967. Akta Keselamatan dan Kesihatan Pekerjaan1994.
  9. 9. 10 Specific laws e.g.: Pesticide Act 1984. Petroleum (Safety Measures) Act 1984. Atomic Energy Licensing Act 1984. Electrical Supply Act 1990. CATEGORY OF OSH LEGISLATION IN MALAYSIA
  10. 10. Fire Services Act 1988 Uniform Building By-Law 1984 Petroleum Safety Measures Act 1984 Gas Supply Act 1993 Diesel and Gas Storage Requirement Electricity Supply Act 1990 Poison Act 1952 Pesticide Act 1974 Road Transport Act 1987 Atomic Energy Licensing Act Environmental Quality Act 1974
  11. 11. Resource : DOSH website
  12. 12. Resource : DOSH website
  13. 13. An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of machinery and for matters connected therewith. [1 February 1970]
  14. 14. Included SIX Parts with 59 Sections THREE SCHEDULE 1. FIRST SCHEDULE – Dangerous Occurrence 2. SECOND SCHEDULE – Serious Bodily Injury 3. THIRD SCHEDULE – Notifiable Occupational Diseases
  15. 15. Factory Terms & definition of; Chief Inspector/Inspector Building Operations Works of Engineering Construction Lifts/Hoisting machine/Machinery/Guards Unfired pressure vessel Bodily injury Certificate of fitness/ competency Engineer / Licensed person/Young person
  16. 16. Section 4. Appointment of officers. Section 5. Supervision of officers. Section 6. Officers are public servants. Section 7. Powers of an Inspector. Section 7A. Entry into premises with a search warrant and the power of seizure. Section 7B. Entry into premises without a search warrant and the power of seizure Section 7C. Service of list of things seized. Section 7D. Appointment, powers and duties of a licensed person
  17. 17. Section 12. Lifting of weights. No person shall be employed to lift, carry or move any load so heavy as to be likely to cause bodily injury to him.
  18. 18. Section 13. Provisions against fire. Without prejudice to any law with respect to local authorities, in every factory there shall be taken such precautions against fire, and there shall be provided and maintained, such means of escape in case of fire other than means of exit in ordinary use, and such means of extinguishing fire as may be prescribed
  19. 19. Section 19 and 19A. Certificate of Fitness and Revoke of certificate due to fraud. (1) No person shall operate or cause or permit to be operated any machine unless a valid certificate is issued (2) Inspector has right to prohibit any use of the machinery if no valid certificate. (3) Termination of certificate if machinery under repair, dismantle or damaged. (4) If fraud, Inspector has right to revoke the certificate
  20. 20. Section 20. Duties of persons employed. (1) No person employed in any factory or in any place where any machinery is installed shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the safety, health or welfare of the persons employed in the factory or the place where the machinery is installed; and when any means or appliance for securing safety, health or welfare is provided for the use of the person under this Act, he shall make use of such means or such appliance.
  21. 21. Section 24. Personal protective clothing and appliances. Where in any factory persons are exposed to a wet or dusty process, to noise, to heat or to any poisonous, corrosive or other injurious substance which is liable to cause bodily injury to those persons the Minister may prescribe the provision and maintenance for use of those persons suitable and adequate personal protective clothing and appliances including where necessary goggles, gloves, leggings, caps, foot-wear and protective ointment or lotion.
  22. 22. Section 25. Provision relating to welfare . In relating to the factory, the following provision relating to welfare of the persons shall apply: (1) adequate and suitable accommodation for clothing not worn during working hour (2) Adequate supply of drinking water (3) Adequate and suitable facilities for washing (4) Provision of first aid box and room
  23. 23. Section 26. Training and supervision of inexperienced workers. No person shall be employed at any machine or in any process, being a machine or process liable to cause bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and— (a) has received sufficient instruction in work at the machine or process; or (b) is under adequate supervision by a person who has knowledge and experience of the machine or process.
  24. 24. Section 28. Young persons. (1) No young person shall carry out work involving the management of, or attendance on, or proximity to, any machinery. (2) It shall be the duty of the owner or occupier to ensure that subsection (1) is observed.
  25. 25. Section 31. Accidents and dangerous occurrence to be reported. causes loss of life to any person; causes serious bodily injury to any person; causes bodily injury to any person so that the person is prevented from following his normal occupation for more than three clear days excluding the day of the accident; or causes serious damage to machinery or other property,
  26. 26. Section 31, continue; or any dangerous occurrence takes place in any factory or in connection with any machinery, the occupier shall report the accident or dangerous occurrence to the Inspector having jurisdiction for the area in which the accident or dangerous occurrence has taken place by the quickest means available and subsequently with the least possible delay, report in writing to the Inspector in the prescribed form the facts of the matter so far as they are known to him.
  27. 27. Section 32. Notification of occupational diseases. (1) Every registered medical practitioner attending on, or called in to visit, a patient whom he believes to be suffering from any of the diseases named in the Third Schedule and contracted in a factory shall, unless such notice has been previously sent— (a)forthwith sent to the Chief Inspector a notice stating the name and location of the factory in which the patient states he is or was last employed, the name and full postal address of the patient and the disease from which, in the opinion of the registered medical practitioner, the patient is suffering; and (b) at the same time send a copy of the notice to the occupier of the factory in which the patient states he is or was last employed.
  28. 28. Section 34. Operation of factory. Section 35. Building operations or works of engineering construction. Section 36. Installation of machinery, etc. Section 37. Application for registration. Section 38. Register. Section 39. Moving or alteration of or addition to machinery to be approved. Section 40. Periodical inspections.
  29. 29. Section 51. Penalties (1) Any person who contravenes section 31, subsections 34(1), 36(1), 38(1) and 39(1), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. (2) Any person who contravenes any other provision of this Act or any regulation made under this Act for which contravention no penalty is expressly provided 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 exceeding one year or to both.
  30. 30. Section 51. Penalties (3) Where the offence of which any person is convicted is a continuing offence, such person shall, in addition to the punishment inflicted in respect of that offence, be further liable to a fine not exceeding two thousand ringgit for each day or part of a day during which the offence continues after the first day in respect of which the conviction is recorded.
  31. 31. Section 51. Penalties (4) Any person who without reasonable excuse fails to comply with any written order or notice issued under subsection 39(3) or 40(4) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both and to a further fine not exceeding two thousand ringgit for each day or part of a day during which the offence continues after the first day in respect of which the conviction is recorded.
  32. 32. Section 51. Exemptions (1) Nothing contained in this Act shall apply to— (a) any factory or machinery operated— (i) by the armed forces; or (ii) by agreement with the Government by any visiting force lawfully present in Malaysia; or (b) any machinery which is subject to the law relating to merchant shipping.
  33. 33. Section 51. Exemptions (2) Any factory and machinery operated by: (a) the Government of the Federation and the Government of every State shall be exempted from the provisions of— (i) the whole of sections 34, 35, 38, 48; and (ii) sections 36, 37, 39, 40, 43, only in respect of machinery other than steam boilers, steam receivers, fired pressure vessels, unfired pressure vessels and lifts; and
  34. 34. Section 51. Exemptions (3) The Minister may, by order, exempt either conditionally or absolutely any factory or machinery or class of factories or machinery from all or any of the provisions of this Act or the regulations made there under and may in like manner cancel or vary any such exemptions.
  35. 35. REGULATIONS UNDER FMA 1967 1. Factories and Machinery (Mineral Dust) Regulations, 1989 2. Factories and Machinery (Noise Exposure) Regulations, 1989 3. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986 4. Factories and Machinery (Asbestos) Regulations, 1986 5. Factories and Machinery (Leads) Regulations, 1984 6. Factories and Machinery (Compundable Offences) Regulations, 1978 7. Factories and Machinery (Compounding of Offences) Rules, 1978
  36. 36. REGULATIONS UNDER FMA 1967 8. Factories and Machinery (Notification of Fitness and Inspections) Regulations 9. Factories and Machinery (Certificates of Competency Examinations) Regulations, 1970 10. Factories and Machinery (Administration) Regulations, 1970 11. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970 12. Factories and Machinery (Person in Charge) Regulations, 1970 13. Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970 14. Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970 15. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970
  37. 37. Building Operations and Works of Engineering Construction Safety Regulation 1986 (BOWECS) Imposes duties on employer to comply The contents of BOWECS Regulations 1986 include the general provisions on construction works activities; regulations on concrete work; structural steel and pre cast concrete assembly; cleaning; repairing and maintenance of roof, gutters, windows, louvers and ventilators; catch platforms; chutes, safety belts and nets; runaways and ramps; ladders and step-ladders; scaffolds; demolition; excavation works; material handling and storage, use and disposal; piling; blasting and use of explosives; and hand and power tools.
  38. 38. INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH LEGISLATIONS IN MALAYSIA - ACT 514 - OCUPATIONAL SAFETY AND HEALTH ACT, 1994 (OSHA) by: NORRAZMAN ZAIHA BIN ZAINOL FACULTY OF ENGINEERING TECHNOLOGY
  39. 39. (OCCUPATIONAL SAFETY AND HEALTH ACT 1994, (ACT 514)) An act to make further provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety and health in connection with the activities of person at work, to establish the National Council for Occupational Safety and Health and for matters connected there with
  40. 40. Occupational Safety and Health Act 1994 (Act 514) Was implemented on 25 February 1994 As a guideline used by public or private sectors in preparing the safety and health policy in their workplace ABOUT OSHA
  41. 41. In this Act, -the responsibility for OSH at workplace are shared between employers and employees - moved from the era of direct government supervision to the era of self help and self regulation -implying bigger and more active role for employers and employees ABOUT OSHA
  42. 42. Aiming to improve the management and awareness of health and safety issues In the long term, it aims to encourage the safety culture among employer and employee in the industry To provide the means whereby the associated occupational safety and health regulations and approved industry code of practice operating in combination with the provisions of the Act, designed to maintain or improve the standards of safety and health
  43. 43. COMMON TERMS:- Government Federal, state or local government Immediate employers Employee directly employed by or through him Principal employers Owner of industry Occupier Government Legal representative of deceased owner or occupier
  44. 44. COMMON TERMS:- Employee/Workers Directly employed by principal Employed by or through immediate employer Temporary engage to principal by manpower supply firm Occupier Person who manage or has control over a work place
  45. 45. COMMON TERMS:- So far as is practicable – execute any action after consider Severity of hazard and risk State of available knowledge on hazard and risk and mitigation action Availability and suitability of ways to mitigate the hazard/risk The cost of mitigation
  46. 46. COMMON TERMS:- Premises Land, building & part of it Vehicle, vessel or aircraft Installation on water and land Tent and movable structure Place of works Premises where person work or use for storage Plant Machinery, equipment, appliance, tools and part of it incl. accessories
  47. 47. OBJECTIVES OF THE ACT Part 1(4) The objectives of this Act are: a)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;
  48. 48. b) To protect persons at a place of work other than persons at work against any risks to safety or health arising out of the activities of persons at work
  49. 49. c) To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs
  50. 50. d) to provide the means whereby the associated occupational safety and health legislations 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.
  51. 51. Scope of this act covers all working people in sectors such as manufacturing, mining (quarry), construction, forestry and fishery, utilities including electricity, gas, water, sanitary services, transportation, storage and communication, wholesale and retail trades, hotels and restaurants, real estates and business services, finance, insurance, public services and statutory However, it does NOT apply to work on board ships and armed forces (S. 1 (3)) – they have their own ordinances.
  52. 52. CONTENTS OSHA span over fifteen parts and three(3) schedule This act enables measures over existing health and safety regulations Complement existing legislation In the event of any conflict, the provision of OSHA shall prevail
  53. 53. PART I – PRELIMINARY PART II – APPOINTMENT OF OFFICERS PART III – NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH PART IV – GENERAL DUTIES OF EMPLOYERS AND SELF EMPLOYED PERSONS PART V – GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS PART VI – GENERAL DUTIES OF EMPLOYEES PART VII – SAFETY & HEALTH ORGANISATIONS PART VIII – NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DESEASES AND INQUIRY
  54. 54. PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE PART X – INDUSTRIES CODE OF PRACTICE PART XI – ENFORCEMENT AND INVESTIGATION PART XII – LIABILITY FOR OFFENCES PART XIII – APPEALS PART XIV – REGULATIONS PART XV – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE PART XV - MISCELLANEOUS
  55. 55. PART III National council for occupational Safety & health Section 8. Establishment of the Council. There shall be established a council called the "National Council for Occupational Safety and Health".
  56. 56. PART III National council for occupational Safety & health Section 9. Membership of the Council. (1) The Council shall consist of not less than twelve and not more than fifteen members who shall be appointed by the Minister, of whom - (a) three persons shall be from organizations representing employers; (b) three persons shall be from organizations representing employees; (c) three or more persons shall be from Ministries or Departments whose responsibility is related to occupational safety and health; and (d) three or more persons, of whom at least one shall be a woman, shall be from organizations or professional bodies the activities of whose members are related to occupational safety and health and who, in the opinion of the Minister, are able to contribute to the work of the Council.
  57. 57. PART III National council for occupational Safety & health Section 11. (1) The Council shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.
  58. 58. PART IV General duties of employers and self- employed persons Section 15. General duties of employers and self-employed persons to their employees. (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.
  59. 59. PART IV General duties of employers and self- employed persons Section 15. General duties of employers and self-employed persons to their employees. (2) Without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular:
  60. 60. PART IV General duties of employers and self- employed persons Section 15.(2) (a) the provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risks to health; (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; (c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees;
  61. 61. PART IV General duties of employers and self- employed persons Section 15.(2) (d) so far as is practicable, as regards any place of work under the control of the employer or self-employed person, the maintenance of it in a condition 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; (e) the provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work.
  62. 62. PART IV General duties of employers and self- employed persons Section 15. 3.For the purposes of subsections (1) and (2)- b) The duties of an employers or a self employed person under subsection (1) and (2 ) extend to such an independent contractor and the independent self employed contractor’s employees in relation to matters over which the employer or self employed person i) has control ii)would have had control but for any agreement between the employer or self employed person and the independent contractor to the contrary
  63. 63. PART IV General duties of employers and self- employed persons Section 16. Duty to formulate safety and health policy. Except in such cases as may be prescribed, duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization 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.
  64. 64. PART IV General duties of employers and self- employed persons Section 17. General duties of employers and self-employed persons to persons other than their employees. (1) Duty of employer to person other than their employees To conduct his undertaking in safe manner, as far as practicable and to inform about the risks associated with their undertakings to person other than their employees who may be affected are not exposed to risks
  65. 65. PART IV General duties of employers and self- employed persons Section 17. General duties of employers and self-employed persons to persons other than their employees. (2) To give person ,not being his employees, who may be affected by the manner in which he conduct his undertakings, prescribed information or such aspects of the manner in which he conduct his undertakings as might affect their safety/ health
  66. 66. PART IV General duties of employers and self- employed persons Section 18. Duties of an occupier of a place of work to persons other than his employees. Shall take such measures as are practicable to ensure that the premises , all means of access thereto and egress there from 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
  67. 67. PENALTY FOR OFFENCE (15-18) FINE : Not exceeding RM 50,000.00 IMPRISONMENT : Not exceeding 2 years Or BOTH
  68. 68. PART VI General duties of employees Section 24. General duties of employees at work. (1) It shall be the duty of every employee while at work- (a) to take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work; (b) to co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made there under;
  69. 69. PART VI General duties of employees Section 24. General duties of employees at work. (1) It shall be the duty of every employee while at work- (c) to wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health; and (d) to comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act or any regulation made there under.;
  70. 70. PART VI General duties of employees Section 24. General duties of employees at work. (2) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both
  71. 71. PART VI General duties of employees Section 25. Duty not to interfere with or misuse things provided pursuant to certain provisions. A person who intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interests of safety, health and welfare in pursuance of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
  72. 72. PART VI General duties of employees Section 26 – Duty not to charge employees for things done or provided No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of this Act or regulation made thereafter
  73. 73. PART VI General duties of employees Section 27 – Discrimination against employee (3) An employer who, or a trade union which, contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding one year or to both.
  74. 74. PART VII Safety and Health Organization Section 29 – Safety and Health Officer 1) This section apply to classes as in Gazette 2) An occupier of a workplace to which the section applies should employed a competent person to act as SHO 3) The function of SHO is to ensure compliance with the Act and regulations and promote safe conduct of work at the place of work 4) The SHO should be trained and qualified 5) Penalty to occupier for this section – fine max RM5K or imprisonment max 6 months or both
  75. 75. PART VII Safety and Health Organization Section 30 – Safety and Health Committee 1) Every employer should establish a safety and health committee if 1) Employed forty or more workers 2) Instruction by The Director General of DOSH 2) Composition, appointment and power of committee should be prescribed 3) Employer should consult the committee any matter relating to OSH 4) Penalty – fine max RM5K or imprisonment max 6 months or both
  76. 76. DUTIES OF EVERYONE The Act places duties on employers, self-employed people and employees to ensure that their work activities do not harm themselves or other people. For forest operations, other people include visitors, people passing the operation, and the general public who may be in the vicinity of an operation. Any person in control of a place of work (e.g. a principal, contractor or subcontractor) shall attempt to ensure that people there (or close by) are not harmed by any hazard resulting from work activities.
  77. 77. REGULATIONS UNDER OSHA 1994 1. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 2. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 3. Occupational Safety and Health (Safety and Health Officer) Regulations 1997 4. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous' Chemicals) Regulations 1997 5. Occupational Safety and Health (Safety and Health Committee) Regulations 1996 6. Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 7. Occupational Safety and Health (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995
  78. 78. FMA 1967 OSHA 1994 Scope Only cover OSH in the manufacturing, mining, quarrying, works of engineering and construction Cover 24 % of the man power Cover all economic activities & government except armed forces & seafarers Cover 90% of the man power Approach - Prescriptive - Too dependent on government - Concern for inspection by regulation authorities - self regulation - supported by code of practices, guidelines etc - tripartite responsibilities - worker cooperation & participation Objective - focus on control of factories & machinery - registration & inspection of machines - less provision for health - to safeguard, health & welfare of employees & those at the place of work for example visitors, contractors etc

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