INTRODUCTION TO

OCCUPATIONAL
SAFETY AND HEALTH
LEGISLATIONS

LEARNING OBJECTIVES

State the difference between Statutory

Law and Common Law

Explain the employers liability in Duty of

Care

List a short history of the Occupational

Safety and Health regulations in
Malaysia
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SCOPE

OSH Legislations

Duty of Care

History of OSH Legislations in Malaysia

Categories of Law

Conclusion

OSH LEGISLATIONS

Statutory Law

Common Law

STATUTORY LAW

Consists of Acts and Regulations:

Formulated by the Government

Non-compliance is a crime

Punishment - fines and imprisonment

Prosecution by Government Officer (such as Deputy Public Prosecutor in Criminal

Court)

COMMON LAW

Result of decision made by Judge and Civil Court

Allows the injured party to make a claim on the party that is responsible for the
injury

The application for trail is done by a Lawyer appointed by the injured party

If convicted compensation in the form of money

LAW OF TORT
Tort is a Civil Wrong Doing such as:
A

persons misdeeds that give the right to

the injured party to make a claim in Civil
Court
Classification of Tort
Nuisance

Negligence
Defamation
Trespassing

LAW OF TORT
Tort of Negligence

Offence on the duty of care to not cause damage or injury to others

DUTY OF CARE

The employer is still liable for duty of care even

though he has competent persons under his
employment
Wilsons and Clyde Coal Co Versus English

EMPLOYER LIABILITY IN THE DUTY

OF CARE
Injury on:

Each individual worker

Other workers due to mistakes or negligence of workers or agents appointed

to do the job. (Vicarious Liability)

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EMPLOYER LIABILITY IN THE DUTY

OF CARE
The employer is not responsible if the worker acts on his own accord such as
horseplay while at work.

Smith Versus Crossley Bros Ltd

Example: Two apprentices injecting compressed air to a third party as a joke

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ELEMENTS THAT DETERMINE

NEGLIGENCE

There is the duty of care of one party onto another party

There is a violation of that duty

The violation resulted in damage/injury

The responsibility to prove the violation is on the plaintiff (the injured party)

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COMBINATION OF THE TWO

LAWS

Common Law

Statutory Law

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HISTORY OF OSH LEGISLATION IN

MALAYSIA
The Selangor Boiler Enactment 1892
The Perak Boiler Enactment 1903
The Pahang Boiler Enactment 1908
The Negeri Sembilan Boiler Enactment 1908
Federal Machinery Enactment 1913
Machinery Ordinance 1953
Factories and Machinery Act 1967 (FMA 1967)
Occupational Safety and Health Act 1994
(OSHA 1994)

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SCOPE OF OSH LEGISLATION

Boiler Safety before 1914

Machinery Safety before 1914 - 1952

Industrial Safety 1953 - 1967

Industrial Safety and Health 1970 - 1994

Occupational Safety and Health after 1994

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BOILER SAFETY BEFORE

1914

The Selangor Boiler Enactment 1892

The Perak Boiler Enactment 1903
The Pahang Boiler Enactment 1908
The Negeri Sembilan Boiler Enactment 1908

Scope of enactment:

Boiler Safety and

Inspection on boiler workers

16

MACHINERY SAFETY
1914 - 1952
Federal Machinery Enactment 1913

Scope of legislation:

Machine

inspections such as:

Internal combustion engine

Water turbine and

Machines that are attached together

Registration

and inspection of machine installation

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INDUSTRIAL SAFETY
1953 - 1967
Machinery Ordinance 1953

Scope of legislation:

Machinery and boiler safety

Safety of Workers in places using machinery

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INDUSTRIAL SAFETY AND HEALTH

1968 - 1994
FACTORIES AND MACHINERY ACT 1967

Amend the provisions related to safety of machinery

Improvises on the weaknesses of the Machinery

Ordinance 1953 where:

Scope does not cover workplaces that do not use machines

Lack of health related provisions

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FACTORIES AND MACHINERY ACT 1967

APPROACH

Machinery controls

Internal environment controls

Human controls

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OCCUPATIONAL SAFETY AND HEALTH

AFTER 1994

Occupational Safety and Health Act 1994 (OSHA

1994)

Scope of legislation:

Protect safety and health of workers in all sectors of the

economy

Element of Duty of Care

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CATEGORIES OF
LEGISLATIONS

There are two (2) categories of

legislations:

Control of industrial activities or use of specific materials/chemicals

Basic and general statutory requirements

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CATEGORIES OF
LEGISLATIONS

Control of industrial activities and use of specific materials/chemicals

Mineral Enactment

Atomic Licensing Act 1984

Pesticides Act 1974

Petroleum (Safety Measures) Act 1984

Electricity Supply Act 1990

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CATEGORIES OF
LEGISLATIONS

Basic and general statutory requirements

Factories and Machinery Act 1967

Occupational Safety and Health Act 1994

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ENFORCEMENT
Department of Occupational Safety and Health (DOSH)

Among the functions are:

Enforcement of FMA 1967 & OSHA 1994

Undertake OSH promotions activities

Review of existing legislations

Provide consultation and guidance

Act as a secretariat for the National Council for Occupational Safety and
Health

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CONCLUSION
Common

Law

Law of Tort

Result of the Judge and Court decisions

The injured party is to make a claim on the responsible party

Statutory

Law

Acts and Regulations

Formulated and enforced by the Government

If convicted, may be fined or imprisoned

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CONCLUSION
HISTORY OF OSH

Boiler Safety before 1914

Machinery Safety before 1914 - 1952

Industrial Safety 1953 - 1967

Industrial Safety and Health 1970 - 1994

Occupational Safety and Health after 1994

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