OCCUPATIONAL SAFETY AND HEALTH LEGISLATION

Contents

OSHA philosophy & objectives

OSHA Act 1994 (OSHA 1994)

Occupational Safety and Health Act (OSHA) Legilation

Better safe than sorry. Industries nowadays grows in size and employs more and more workers, the issue of occupational safety and health becomes a more pressing issue that needs to be urgently addressed.

Occupational Safety and Health Act (OSHA) Legilation

Philosophy : responsibility for safety and health in the workplace lies with those who create the risks (employers) and those who work with the risks (employees).

Occupational Safety and Health Act (OSHA) Legilation

Objectives
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.
Worker or people arounds.

To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs. To produce system of regulations / legilation which designed to maintain or improve the standards of safety and health.

Occupational Safety and Health Act (OSHA) 1994

OSHA
(1994)

Employers Responsibilities (Part IV, Section 15-19)

Employees Responsibilities (Part VI, Section 24-27)

Occupational Safety and Health Act 1994(OSHA)

Employers Responsibilities (Part IV, Section 15-19) Section 15 - General duties of employers and self-employed persons to their employees. Section 16 - Duty to formulate safety and health policy Section 17 - General duties of employers and self-employed persons to persons other than their employees Section 18 - Duties of an occupier of a place of work to persons other than his employees Section 19 - Penalty for an offence under section 15, 16, 17 or 18

Occupational Safety and Health Act 1994(OSHA)

Section 15 - General duties of employers and self-employed persons to their employees.

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.

Occupational Safety and Health Act 1994(OSHA)

Section 16 - Duty to formulate safety and health policy

it shall 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 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.

Occupational Safety and Health Act 1994(OSHA)

Section 17 - General duties of employers and self-employed persons to persons other than their employees the duty of every employer and every self employed person to conduct his undertaking in such a manner as to ensure, so far as is practicable, that he and other persons, not being his employees.

Occupational Safety and Health Act 1994(OSHA)

Section 18 - Duties of an occupier of a place of work to persons other than his employees An occupier of non-domestic premises which has been made available to persons, not being his employees, as a place of work, or as a place where they may use a plant or substance provided for their use there, 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.

Occupational Safety and Health Act 1994(OSHA)

Section 18 - Duties of an occupier of a place of work to persons other than his employees A person who has, by virtue of a contract or lease or otherwise, an obligation of any extent in relation to
(a) the maintenance or repair of a place of work or any means of access thereto or egress there from

or
(b) the prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work,

Occupational Safety and Health Act 1994(OSHA)

Employees Responsibilities (Part VI, Section 24-27)

Section 24 - General duties of employees at work Section 25 - Duty not to interfere with or misuse things provided pursuant to certain provisions Section 26 - Duty not to charge employees for things done or provided Section 27 - Discrimination against employee, etc.

Occupational Safety and Health Act 1994(OSHA)

Section 24 - General duties of employees at work

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; (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; (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

Occupational Safety and Health Act 1994(OSHA)

Section 24 - General duties of employees at work

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.

Occupational Safety and Health Act 1994(OSHA)

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.

Occupational Safety and Health Act 1994(OSHA)

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 any regulation made there under.
The employer must not charge his employees for providing personal protective equipments or other requirements of the law. For example the employee cannot be required to pay for personal protective equipments (e.g. safety boots, goggles, face mask, gloves or safety helmet) and employees welfare facilities (e.g. first aid box).

Occupational Safety and Health Act 1994(OSHA)

Section 27 - Discrimination against employee, etc.

No employer shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee:
(a) makes a complaint about a matter which he considers is not safe or is a risk to health; (b) is a member of a safety and health committee established pursuant to this Act; or (c) exercises any of his functions as a member of the safety and health committee.

Occupational Safety and Health Act 1994(OSHA)

Section 27 - Discrimination against employee, etc.

No trade union shall take any action on any of its members who, being an employee at a place of work
(a) makes a complaint about a matter which he considers is not safe or is a risk to health; (b) is a member of a safety and health committee established pursuant to this Act; or (c) exercises any of his functions as a member of a safety and health committee.

Occupational Safety and Health Act 1994(OSHA)

Section 27 - Discrimination against employee, etc.

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.

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Occupational Safety and Health Act 1994(OSHA)

Section 27 - Discrimination against employee, etc.

Notwithstanding any written law to the contrary, where a person is convicted of an offence under this section the Court may, in addition to imposing a penalty on the offender, make one or both of the following orders:
(a) an order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as it thinks fit to compensate that person; (b) an order that the employee be reinstated or reemployed in his former position or, where that position is not available, in a similar position.

Occupational Safety and Health Act 1994(OSHA)

Factory and Machinery Act 1967
FMA 1967 divided into 6 parts: Preliminary Safety, health and welfare Persons-in-charge and certificates of competency Notification of accidents, dangerous occurrence and dangerous diseases Notice of occupation of factory and registration and use of machinery General

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Occupational Safety and Health Act 1994(OSHA)

Preliminary
There must be premises and its boundaries can be defined; Within the premises there is manual labor doing process The process must involve the making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up demolition or adapting for sale any article; and Part I building operations, hoisting machine, machinery, steam The processes must be for trading.

Occupational Safety and Health Act 1994(OSHA)

Safety, health and welfare

Premises must be structurally sound with safe access to work areas, materials and goods must be safely stacked (Section 10) Machinery must be of sound construction and dangerous parts must be fenced(Section 14, 15, 16) Employees must not misuse safety and health equipment(Section 20) Employees not to endanger himself or other person.

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Occupational Safety and Health Act 1994(OSHA)

Safety, health and welfare

Premises must be kept in clean state, with adequate work space, ventilation, lighting and toilets (Section 22) Persons must be supplied with adequate facilities for clothing, storage, drinking, water, first aid and washing facilities (Section 25) Employees must be trained on the safety of machinery (Section 26)

Occupational Safety and Health Act 1994(OSHA)

Persons-in-charge and certificates of competency

Machinery operators must be adequately trained or under the supervision of a trained person (Section 26); Young persons (< 16 years) must not operate machinery (Section 28)

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Occupational Safety and Health Act 1994(OSHA)

Notification of accidents, dangerous occurrence and dangerous diseases

The occupier must notify the nearest inspector of accidents and diseases. Accidents include:
Loss of life;

Injury to a person who loses more than 4 days work (loss time injury LTI); Serious damage to machinery or other property (Section 31).

Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33)

Occupational Safety and Health Act 1994(OSHA)

Notice of occupation of factory and registration and use of machinery

NotifyDepartment of Occupational Safety ad Health (DOSH) within 3 months of the intended start date (Section 34) Building operations must be notified if last more than 6 weeks(Section 35) Changes to the use of factory or machinery must be notified to DOSH Fills a standard form together with (a) layout plan of the factory; (b) list of products to be manufactured; (c) list of machines to be used; (d) list of chemicals, toxic or flammable substances to be used, and (e) detail flow chart of the processes.

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Occupational Safety and Health Act 1994(OSHA)

General
General penalty RM2,000.00 Certain sections is RM5,000.00 (Section 51)

Occupational Safety and Health Act 1994(OSHA)

Division of Occupational Safety and Health (DOSH) Fungsi - melindungi pekerja dan orang awam daripada hazard keselamatan. Menguatkuasakan undang-undang keselamatan awam dan pekerjaan. Memberi maklumat serta rakan runding cara kepada majikan, pekerja dan orang awam tentang tempat kerja dan keselamatan kerja

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Occupational Safety and Health Act 1994(OSHA)

Division of Occupational Safety and Health (DOSH) CAL/OSHA PROGRAM
Bertanggungjawab menguatkuasakan undang-undang dan peraturan Malaysia ke atas tempat kerja yang selamat dan sihat dan memberikan nasihat kepada majikan dan pekerja tentang isu-isu keselamatan dan kesihatan tempat kerja.

ELEVATOR, AMMUSEMENT RIDE, AERIAL TRAMWAY AND SKI LIFT PROGRAM.

Bertanggungjawab supaya orang awam selamat semasa menggunakan peralatan di atas.

PRESSURE VESSEL PROGRAM.

Bertanggungjawab supaya kerja-kerja yang dilakukan dalam loji, tangki udara dan lain-lain pressure vessel sentiasa selamat.

Occupational Safety and Health Act 1994(OSHA)

National Institute Of Occupational Safety & Health(NIOSH)

Ditubuhkan pada 1 Disember 1992. Memperkuatkan lagi akta yang sedia ada. Mengikut mandat dan ketetapan Akta keselamatan dan Kesihatan Pekerjaan (OSHA) 1970. Tujuan utama institusi adalah bertanggungjawab dalam mengendalikan penyelidikan dan membuat cadangan pencegahan pekerjaan berkaitan kecederaan dan penyakit.

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Occupational Safety and Health Act 1994(OSHA)

Social Security Organization (SOCSO)
Most of us as employee in Malaysia contribute to SOCSO (Social Security Organisation) a.k.a. PERKESO (Pertubuhan Keselamatan Social) every month. SOCSO contribution is deducted from our salary by our employer in a similar way to EPF a.k.a. KWSP contribution. Also similar to EPF SOCSO contribution is compulsory for all Malaysian employee with monthly salary less than RM3,000. This salary ceiling of RM3,000 for SOCSO contribution was revised from the previous ceiling of RM2,000 on 10 September 2003 by the Malaysian Cabinet with amendments made to Act. Foreign workers are not covered by SOCSO. They are protected under a separate Workmen's Compensation Act 1952 instead. Currently, our MyKad identity number is also used as our SOCSO membership number.

Occupational Safety and Health Act 1994(OSHA)

Social Security Organization (SOCSO)

benefits of being a SOCSO member?
There are 2 types of protection scheme for SOCSO members, namely the Employment Injury Insurance Scheme and the Invalidity Pension Scheme. The Employment Injury Insurance Scheme provides protection to employees who are involved in accidents arising from out of employment, occupational diseases and also commuting accident, while the Invalidity Pension Scheme provides 24 hours coverage for workers from invalidity or dies irrespective of the cause of death. Employees with age below 55 are covered under both the 2 schemes, and those above 55 are covered under the Employment Injury Insurance Scheme.

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