fma 1967 vs Osha 1994

FMA 1967 vs OSHA 1994

The Occupational Safety and Health Act 1994 (OSHA 1994) is the overall
legislation in respect of safety and health and the current law on Factories
and Machinery Act 1967 (FMA 1967) shall be maintained as the technical
aspect of safety legislation. (Tan K.H., 1995)

The Occupational Safety and Health Act 1994 (OSHA 1994) which is based
on the concept of self-regulation places the responsibility to ensure safety
and health of workers on those who create the risk (the employers) and
those who work with the risk (the employees). This legislation was made
considering the fact that the Factory and Machinery Act 1967 only covers
occupational safety and health in the sectors consist only 24% of the
nation's total man power, while OSHA 1994 would cover 90% of the
nation's total man power. (Azahar, 2013)

The Occupational Safety and Health Act 1994 encourage constant active
consultation and co-operation between employers and workers in the
fulfillment of each other's duties and responsibilities in relation to
Occupational Safety and Health. The Act's objectives would be achieved
through a new approach which revolves around the conviction that a
workplace will have an excellent chance of attaining a good standard of
Occupational Safety and Health if it has a good Occupational Safety and
Health management system supported by the workplace's top-level
management.

This Act was gazetted on 25th February 1994 and may be cited as the
Occupational Safety and Health Act 1994 (Act 514) (Azahar, 2013)

The OSHA 1994 covering all economic sectors, including the public
services and statutory authorities (refer First Schedule OSHA 1994) Except
those subjected to the Merchant Shipping Ordinance ( who are subjected to
the Merchant Shipping Ordinance 1952, and Merchant Shipping Ordinance
1960 of Sabah and Sarawak) and the armed forces.
The systems and procedures focus on the following areas of concern:
Safety and Health training, Using of toxic materials, Safe systems of work ,
Internal Safety and Health Management, Environmental Control, Machine
guarding , Housekeeping, Safe plant , Noise and dust control, Accident
investigations, Safety committees , Fire safety & prevention, Medical and
welfare and Emergency procedures.

The Department of Occupational Safety and Health (DOSH) is the

government authority responsible for the administration and enforcement of
legislation relating to the occupational safety, health and welfare of people
at work as well as protecting other people from the safety and health
hazards arising from the activities of various sectors.

The Act Objectives as affirmed in Section 4, Occupational Safety and

Health Act (OSHA), 1994 endeavor:

i. To ensure the safety, health and welfare of persons at work against risks,
to Safety and health arising from the workplace activities.

ii. To protect non-employees at a workplace from risks to safety and health

arising from workplace activities.

iii. To promote an occupational environment at the workplace that is

adapted to their physiological and psychological needs.

iv. 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.

The difference between Occupational Safety & Health Act 1994 and
Factory Machineries Act (FMA) 1967 can be elaborate through the way of
formulated the act.

Occupational Safety & Health Act 1994 Philosophy and Guiding Principles:
Responsibilities to ensure safety and health at the workplace lies with
those who create the risk and with those who work with the risk. Stress on
self-regulation workers cooperation and participation. The Acts covers all
persons at work except on board ships and the armed forces.

Whereas the Factory Machineries Act (FMA) 1967 only covers safety,
health and welfare of workers in factories and working with machinery. The
Factory is defined as workplaces where 5 or more persons are employed
and any premises where machinery is used.

There is shortfall in FMA 1967 where the act is too prescriptive and rigid,
insufficient protection against risk of working at height and lifting operation,
too little importance stressed on proper use of plant and equipment and no
specific regulation on management of work safety at construction sites

Therefore, The Occupational Safety & Health Act 1994 is enacted to

complement the FMA 1967. Where there are any areas of conflict between
the two Acts, OSHA 1994 will over-rule FMA 1967.

The figure 1 below , explain the difference of the FMA 1967 and OSHA
1994.

FMA 1967 vs OSHA 1994

| FMA | OSHA 1994 |

Scope | Only cover OSH in the manufacturing, mining, quarrying, works of

engineering and constructionCover 24% of the man power | Cover all
economic activities & government except armed forces & seafarersCover
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 * tri-partite responsibilities * worker cooperation & participation |

Objective | * focus on control of factories & machinery * registration &

inspection of machines * less provision * F&M(Building Ops & Works of
Engineering Construction (Safety) Regulation 1986 = 50 or more staff *
Accident to notify = 4 days | * to safeguard, health & welfare of employees
& those at the place of work for example visitors, contractors etc * Safety &
Health committee to be established at work if 40 or more staff * reporting of
accident = immediately |