AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 2.0 OSH LEGISLATION 2.1 Understand The Legislation 2.1.

.1 Definition of OSH.

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, to establish the National Council for Occupational Safety and Health, and for matters connected therewith. (25th February 1994) Philosophy responsibilities to ensure safety and health at the workplace lies on those who create the risk and those who work with the risk

2.1.2 Decribe OSHA 1994 The Occupational Safety and Health Act 1994 Act 514 (OSHA 1994) - Support the philosophy of self-regulation for people at work; to - Enhance occupational safety and health standards; and provides - Legislation framework for promotion, stimulation and encouraging high standards of safety and health at work. The Act was derived from the philosophy of the Robens Report and Health & Safety at Work Act 1997 in United Kingdom - The responsibilities on occupational safety and health is made to rest on those who create the risks (employers) and those who work with the risk (employees), through self regulation, consultation and workers cooperation and participation. The Act is referred as a reflexive-type of Act which was less prescriptive, and also emphasis on duties of care by individual thus empowering the participation of all persons in OSH.

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2

2.2 Understand OSHA 1994.

2.2.1 Objective of OSHA 1994 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. To protect persons at a place of work other than persons at work against risks to safety & health arising out of the activities of persons at work. To promote an occupational environment for persons at work; which is adapted to their physiological and psychological needs. To provide means whereby the associated Occupational Safety and health legislation may be progressively replaced by system of regulations and approved industry codes of practice operating in combination with provisions of the Act designed to maintain or improve the standards of safety and health.

2.2.2 Employers Responsibilities (part IV. Sec. 15 19)

This part defines the general duties of every employer and self employed person for ensuring the safety, health and welfare of all his/her employees.

a) Section 15 -General Duties of Employers and Self-Employes persons to their Employees. So far as is practicable every employer and self employes person shall ensure the safety, health and welfare of his/her employees. Those duties included to, - Provide and maintain safe plant and safe system of work. - Make arrangements for safe use, operation, handling, storage and transportation of substances and plant. - Provide information, instruction, training and supervision. - Provide and maintain safe place of work and safe access and agress; and
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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 Provide and maintain working environment that is safe and without health risk and with adequate welfare facilities.

b) Section 16 Duty to Formulate Safety and Health Policy Every employers and self-employers persons have a duty to; - Prepare and as often as may be appropriate review and revise a written statement of his general policy with respect to safety & health at work; and - The organization and arrangements for carrying out that policy, and - Bring the statement being in force and any revision of it to the notice of all his employees. Employers with less than five employees are exempted this duty

c) Section 17 General Duties Of Employers and Self-Employed Persons to Persons other than their Employees. Employers and self employed persons are responsible to ensure their work activities will not endanger other persons at the place of work. Those duties include, providing necessary information to other persons.

d) Section 18 Duties of an Occupier of a Place of Work to Persons other than his Employees An occupier of a place of work or non-domestic premise shall take measure to ensure that the premises are without risk to safety and health to others. The provision also applies to plant used by the public.
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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 e) Section 19 Panalties Failure to comply with section 15, 16, 17 or 18 shall be an offence and on conciction, be liable to: - A fine not exceeding RM 50,000 ; or - Imprisonment for a term not exceeding 2 years; or - Both

2.2.3 Employees Responsibilities (part VI) Sec. 24 27)

This part outlines the provision of the general duties of employees.

a) Section 24 general Duties of Employees at Work

Duty of every employee while at work; to: - Take reasonable care for the safety and health of himself and of others; - Co-operate with his employers or any others; - Wear or use at all times any protective equipment or clothing provided by the employer; and - Comply with any instruction or measure on occupational safe and health. Failure to comply with provisions of this section shall be an offence and on conviction, be liable to; - A fine not exceeding RM 1,000 or - Imprisonment for a term not exceeding 3 months; or - Both

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 b) Section 25 Duty not to Interfere with or Misuse Things Provided Pursuant to Certain Provisions.

No one should intentionally, recklessly, or negligently interferes with or misuses anything provided or done in the interests of safety, health and welfare. Failure to comply with this section shall ne an offence and on conviction, be liable to; - A fine not exceeding RM 20,000; or - Imprisonment for a term not exceeding 2 years; or - Both

c) Section 26 Duty not to Charge Employees for Things Done or Provided Employers are not allowed to impose or permit any levy or charges on the employees for anything done or provided in pursuance of this Act or any its Regulations.

d) Section 27 Discrimination against Employee, etc. Employers are not allowed to dismiss an employee, injure him in his employment, or his position to his detriment by reason only that the employee: - Makes a complaint about a matter which he considers is not safe or is a risk to health; - Is a member of a safety and health committee established pursuant to this Act; or - Excercises any of his functionan as a member of the saet and health committee. Failure to comply with provisions of this section shall be an offence and on conviction, be liable to: - A fine not exceeding RM 10,00; or - Imprisonment not exceeding 1 year; or - Both
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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 2.2.4 Factory And Machinery Act 1967 An act to provide for the control of factories with respect to the matters relating to the safety, health and welfare of persons therein, the registration and inspection of machinery and for matters connection therewith. (Act 139. 1st Feb. 1970)

The objective of the Factories and Machinery Act (FMA) 1967, on the other hand, is to provide for the control of factories on matters relating to the safety, health and welfare of persons, and the registration and inspection of machinery. Some high risk machinery such as boilers, unfired pressure vessels, passenger lifts and other lifting equipment such as mobile cranes, tower cranes, passenger hoists, overhead traveling cranes and gondolas, must be certified and inspected by DOSH. All factories and general machinery must be registered with DOSH before they can be installed and operated in Malaysia. DOSH enforces 16 regulations under FMA 1967. They are: Electric Passenger and Goods Lift Regulations, 1970 Fencing of Machinery and Safety Regulations, 1970 Notification, Certificate of Fitness and Inspection Regulations, 1970 Persons-In-Charge Regulations, 1970 Safety, Health and Welfare Regulations, 1970 Steam Boilers and Unfired Pressure Vessel Regulations, 1970 Certificates of Competency-Examinations Regulations, 1970 Administration Regulations, 1970 Compounding of Offences Rules, 1978 Compoundable Offences Regulations, 1978 Lead Regulations, 1984 Asbestos Process Regulations, 1986 Building Operations and Works of Engineering Construction (Safety) Regulations, 1986 Mineral Dust Regulations, 1989 Noise Exposure Regulations, 1989 Notification, Certificate of Fitness and Inspection (Amendment) Regulations, 2004

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2

2.2.5 Different Role OF Safety and Health Organization in Malaysia 2.2.5.1 Department Of Safety And Health (DOSH)

The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources. This department is responsible for ensuring the safety, health and welfare of people at work as well as protecting other people from the safety and health hazards arising from the activities sectors which include:

Manufacturing Mining and Quarrying Construction Hotels and Restaurant Agriculture, Forestry and Fishing Transport, Storage and Communication Public Services and Statutory Authorities Utilities - Gas, Electricity, Water and Sanitary Services Finance, Insurance, Real Estate and Business Services Wholesale and Retail Trades As a government agency, the department is responsible for the administration and enforcement of legislations related to occupational safety and health of the country, with a vision of becoming an organisation which leads the nation in creating a safe and healthy work culture that contributes towards enhancing the quality of working life. Mission - To Secure Safety and Health at Work Vision - To be the Ultimate Leader of Occupational Safety and Health Objectives - The objective of the Department is to prevent industrial accidents and occupational diseases by achieving the following by 2010:
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Reducing the rate of fatalities up to 20%

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 Reducing the rate of reported accidents (death, permanent loss of ability, temporary loss of ability) up to 20% Increasing enforcement investigations promotional activities up to 200%; and up to 100% and

Increasing the number of Occupational Safety and Health practitioners to 10,000 people Function To study and review the policies and legislations of occupational safety and health. To enforce the following legislations : a) Occupational Safety and Health Act 1994 and its regulations. b) Factories and Machinery Act 1967 and its regulations. c) Part of Petroleum Act 1984 (Safety Measures) and its regulations. To conduct research and technical analysis on issues related to occupational safety and health at the workplace. To carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health. To carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health. To become a secretariat for the National Council regarding occupational safety and health

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2

2.2.5.2 NIOSH

December 1, 1992 marked a new era in the promotion of Occupational Safety and Health in Malaysia. On this day the National Institute of Occupational Safety and Health (NIOSH) was launched, after careful preparation and commitment from all parties to improve the safety and health of workers at the workplace in Malaysia. In the words of the Minister of Human Resources, Malaysia, NIOSH would be a "critical catalyst" in the promotion of occupational safety and health that would also serve as the "backbone" to create a "self-regulating occupational safety and health culture" in Malaysia. NIOSH was established on 24 June 1992 as a Company Limited by Guarantee, under the Malaysian Companies Act, 1965. As a company, NIOSH is expected to operate efficiently and with minimal administrative bureaucracy. The NIOSH Board of Directors comprises of 15 Board members, ten of which are appointed by the Government while the remaining are elected by NIOSH members during the Annual General Meeting (AGM). This makes NIOSH different from similar institutions in other countries. NIOSH was set up with a RM1 million Launching Grant from the Government and a further RM50 million Endowment Fund (RM40 million from the Social Security Organization (SOCSO) of Malaysia and a further RM 10 million from the Malaysian Government), which will be invested, and the return of investment will be used to partly finance the operation of NIOSH. Vision - To be the Leading Centre of Excellence in Occupational Safety and Health. Mission - To be the preferred partner in enhancing Occupational Safety & Health

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2

2.2.5.3 Social Security Organization (SOCSO)

The Social Security organization (SOCSO) was established in 1971 under the Human Resources ministry to implement and administer the social schemes under the Employees Social Security Act 1969 ( Act 4), i.e the Employment injury insurance Scheme and the Invalidity Pension scheme. Under this scheme, workers are protected against industrial accident including accident occurred while working, occupational disease, invalidity or death due to any cause. SOCSOs function includes registration of employer and employee, collecting contribution, processing benefit claims and make payment to the injured worker and their dependents. SOCSO also provide vocational and physical rehabilitation benefits and enhance occupational safety and health awareness of workers. On the 1st July 1985, SOCSO from the government department became a Statutory Body. On 1st January 1992, SOCSO implemented its own remuneration scheme known as Sistem Saraan Baru PERKESO (SSBP) Vision ideal and excellent social security leader Mission SOCSO is committed to ensure socio-economic security of all working Malaysian citizen including their dependents though Scheme Security and enhance occupational safety and health. Types and Categories of Conributions. First category (Employment Injury Scheme and Invalidity Pension Scheme) - For employee below 55 years of age. The contribution is paid by both the employer and employee for Employment Injury Scheme and Invalidity Pension Scheme. Second Category ( employment Injury Scheme Only) - For employee above 55 years of age and still working
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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 - Foe employees above 50 years of age when first registered and contributed to SOCSO; - For an Insured Person receiving invalidity pension who is still working and receiving wages which is less than 1/3 of the average monthly wage before invalidity. Under this category contributions are only paid by the protection under the Employment Injury Scheme.

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2

ACTIVITES AND EXERCISE

SECTION A :OBJECTIVE

1. In Occupational Safety and Health Act, Section 15 is about :a. General Duties of Employers and Self-Employed persons to their Employees. b. Duty to Formulate Safety and Health Policy c. General Duties Of Employers and Self-Employed Persons to Persons other than their Employees. d. Duties of an Occupier of a Place of Work to Persons other than his Employees 2. In Occupational Safety and Health Act, Section 19 is about a. Panalties b. General Duties Of Employers and Self-Employed Persons to Persons other than their Employees. c. Duties of an Occupier of a Place of Work to Persons other than his Employees d. general Duties of Employees at Work 3. DOSH is an acronym of :a. Department of Occupational Safety and Health b. Department and Organization Safety and Health c. Department Of Safety Health d. Department Occupational Safety Health 4. In Part IV. Section 15 is about the general duties of employers and self-employers person to their employees, those duties included as follows accept:a. Make arrangements for safe use, operation, handling, storage and transportation of substances and plant. b. Provide information, instruction, training and supervision. c. Provide and maintain safe place of work and safe access and agress; and d. Provide medical treatment and facilities to the employees.

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 5. Which of the following are true about Part IV. Section 19. a. Fine not exceeding RM 50,000 b. Fine not exceeding RM 500,000 c. Fine not exceeding RM 20,000 d. Fine not exceeding RM 200,000 6. Which of the following are TRUE about Part IV. Section 27. i) A fine not exceeding RM 10,000 ii) A fine not exceeding RM 50,000 iii) Imprisonment not exceeding 1 year iv) Imprisonment not exceeding 2 years a. b. c. d. I & iii I & iv Ii & iii Ii & iv

7. Function of DOSH are to enforce the following legislation accept :a. OSHA 1994 and its regulation b. FMA 1967 and its regulations c. Part of Petroleum Act 1984 (Safety Measure) and its regulations d. FMA 1997 and its regulations, 8. In OSHA 1994, Part IV Section 25, is about:a. Duty not to interfere with or to measure things provided pursuant to certain provision. b. Discrimination against Employee, etc. c. general Duties of Employees at Work d. Duties of an Occupier of a Place of Work to Persons other than his Employees 9. If failure to comply in section 25 above, shall be an offence and on conviction be liable to:a. Fine not exceeding RM 20,000, imprisonment for not exceeding 2 years or both b. Fine not exceeding RM 12,000, imprisonment for not exceeding 3 years or both c. Fine not exceeding RM 10,000, imprisonment for not exceeding 1 years or both d. Fine not exceeding RM 50,000, imprisonment for not exceeding 2 years or both

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 10. Which of the following are about the Part IV. Section 24- General Duties Of Employee and Work. i. Take reasonable care for the safety and health of himself and of others; ii. Co-operate with his employers or any others; iii. Wear or use at all times any protective equipment or clothing provided by the employer; and iv. Comply with any instruction or measure on occupational safe and health. a. b. c. d. I, ii, & iii I, ii & iv I, iii & iv I, ii, iii, & iv

SECTION B: TRUE/FALSE

a. Philosophy of Occupational Safety and Health is responsibilities to ensure safety and health at the workplace lies on those who create the risk and those who work with the risk (TRUE/ FALSE) b. The Occupational Safety and Health Act 1994 Act 514 (OSHA 1994) are Support the philosophy of self-regulation for people at work; to Enhance occupational safety and health standards; and provides, Legislation framework for promotion, stimulation and encouraging high standards of safety and health at work. (TRUE/ FALSE) c. Objective of FMA 1967 is 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. (TRUE/ FALSE) d. The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Work. (TRUE/ FALSE) e. DOSH function is to carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health. (TRUE/ FALSE)

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AW 101 OCCUPATIONAL SAFETY AND HEALTH Chap 2 f. SOCSOs function includes registration of employer and employee, collecting contribution, processing benefit claims and make payment to the injured worker and their dependents (TRUE/ FALSE) g. On the 1st July 1995, SOCSO from the government department became a Statutory Body. (TRUE/ FALSE) h. NIOSH was established on 24 June 1992 as a Company Limited by Guarantee, under the Malaysian Companies Act, 1965 (TRUE/ FALSE) i. The objective of the Factories and Machinery Act (FMA) 1967, on the other hand, is to provide for the control of factories on matters relating to the safety, health and welfare of persons, and the registration and inspection of machinery. (TRUE/ FALSE) j. Types and Categories of Conributions are First category (Employment Injury Scheme and Invalidity Pension Scheme) and Second Category ( employment Injury Scheme Only) (TRUE/ FALSE)

SECTION C : SUBJECTIVE

a. Give the definition of OSH b. Describe briefly about OSHA 1994. c. Explain FOUR (4) Sections out of SIX (6) below. i. ii. iii. iv. v. vi. Section 17 Section 18 Section 19 Section 25 Section 26 Section 27

d. DOSH enforces 16 regulations under FMA 1967, state 8 of it. e. Explain briefly TWO (2) different role of Safety and Health organization in Malaysia i. DOSH ii. NIOSH iii. SOCSO
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