OSHA

1. School of Architecture, Building & Design
Occupational Safety and Health Management (MGT 61003)
Individual Assignment
Student Name: VOON SZE LUN
Student ID No: 0315032
Lecturer: TAN HEE CHAI
Date of Submission: 23th January 2017
Word Count: 1050 words
Question 5
August 2016 semester Page 1

2. School of Architecture, Building & Design
According to section 16 of Laws of Malaysia Act 514 Occupational Safety and Health Act 1994, it
stated that except in such cases as may be prescribed, it will be the 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 organisation and arrangements for the time being in force for carrying out the policy, and to
bring the statement and any revision of it to the notice of all of his employees. In another meaning
of it, it is about compel employers in Malaysia to have a Safety and Health Policy.
Under section 16, it also stated that, all the employers or self-employed person except those who
have not more than five employees under them which mentioned in Occupational Safety and Health
Regulations 19951
. Thus, there are three important components under this policy that it is a general
policy statement about employer’s commitment to health and safety outlining the overall intent and
philosophy. Besides that, it was also a statement for the organization to carry out the policy in
hierarchical management structure which shows the safety and health responsibilities start from the
top management part to the shop floor. It also includes some information on the persons in the
organisation responsible in order for their duties and occupational health and safety. Other than
that, the policy also include the information on how the arrangement made to make sure that the
policy is implemented. The elements that should be included in those arrangements are health and
safety training, safe systems of work, accident reporting and investigations, inspections, permits to
the work system and emergency procedures. (Guidelines on Occupational Safety and Health Act,
1994)
The written policy should be placed and displayed at strategic spots for example the main entrance
and general notice boards in order to make sure the policy is brought to the attentions of employees
and can be seen by all the employees. Besides that, there is a case2
that the appellant was
prosecuted for failing to provide a safety policy statement on the ground which addresses about the
questions of when to provide a written safety policy.
Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168
As reference, in this case it states that the appellant has owned and controlled 31 betting shops. In
one shop fewer than five people were normally employed. The appellant was prosecuted for failing
to provide a safety policy statement on the ground that the appellant’s undertaking comprised all
the betting shops and so the exception provided in reg. 2 of The Employer’s Health and Safety Policy
Statements (Exception) Regulations 1975 did not apply. On appeal, Ormrod LJ held that in order to
ascertain if the shop in question was a separate undertaking one should consider whether the
employer was carrying on 31 separate businesses or whether the employer was carrying on a single
undertaking in 31 shops. It was a question of fact as to which category the relevant premises fell
into. On the separate issue of whether, for the purposes of reg. 2, two people who, at different
times, stood in for off-duty personnel, could be counted, the court was of the opinion that they
could not on the basis that the phrase ‘for the time being’ in reg. 2 meant at any one time.
(612 words)
Question 6
1
Occupational Safety and Health (Employers Safety and Health General Policy Statements) (Exception) Regulations 1995
have come into force on the 25th February 1994.
2
Written safety policy case law of Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168.
August 2016 semester Page 2

3. School of Architecture, Building & Design
According to Section 24 of Laws of Malaysia Act 514 Occupational Safety and Health Act 1994, it
stated that the duty of every employee while at work is 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.
Besides that, employee also must co-operate with his employer or any other persons in the
discharge of any duty. Cooperation between employer and employees and other persons at work is
essential which mentioned under the Act to establish a healthy and safe workplace. However, if the
employer has set up a safe system of work and the employee is still endangers himself through his
misconduct will be considered as non-cooperative. Other than that, employee should use and wear
any protective equipment or clothing provided by employer at all times because it is one of the duty
of the employees. Employees should inform their employer if the equipment is found not to be
suitable by employees. Lastly, all employees shall comply with any instructions3
or measure on
occupational safety and health instituted by his employer.
Therefore, every employees have a duty to take reasonable care among themselves to avoid ainjury
during their work activities. However under Section 24(2) it stated that if a person who contravenes
the provision of Section 24 shall be guilty of an offence and will be liable to a fine which is not
exceeding RM1, 000 or to imprisonment for a term which is not exceeding 3 months or to both.
There is one case4
that related to reasonable care which the persons in work will comply with the
statutory regulations because they should be able to weigh the cost and difficulties of the
precautions and also understand the probability of injury during the work.
Hamzah D494 & Ors v Wan Hanafi bin Wan Ali [1975] 1 MLJ 203
As reference, in this case it stated that Wan Suleiman FJ in ordinary circumstances, or where simple
operations are being performed, persons are not as a rule required to guard against every
conceivable result of their actions, nor are they bound to exercise scientific care or to take
extravagant precautious. They must have regard both to the probability of injury resulting, and to
the probable seriousness of the injury. They may weigh the cost and the difficulties of the
precautions. They are in general entitled to assume that others will comply with statutory
regulations.
(438 words)
References
3
As the instructions stated in the ‘Safe Operating Procedure’ which provided by the employers.
4
Hamzah D494 & Ors v Wan Hanafi bin Wan Ali [1975] 1 MLJ 203.
August 2016 semester Page 3

4. School of Architecture, Building & Design
1. Summary Guide of OSHA Regulations and Requirements. (n.d.). Retrieved January 19, 2017, from
http://www.ehso.com/oshaoverview.php
2. Occupational safety and health act 1994. Retrieved January 19, 2017 from
http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-and-
health-act-1994-act-514/file
3. OSHA Law & regulations. Retrieved January 19, 2017 from https://www.osha.gov/law-regs.html
August 2016 semester Page 4