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The new legislation on occupational safety and health was made in the year
1994. Occupational Safety and Health Act 1994 (Act 514) was approved by the
Parliament in 1993 and was gazetted on February 1994. This legislation was
made considering the fact that the Factory and Machinery Act 1967 only covers
occupational safety and health in the manufacturing, mining, quarrying and
construction industries, whereas the other industries are not covered.
Workers that are covered by Factory and Machinery Act 1967 consists only of
24% of the nations total man power, while Occupational Safety and Health 1994
would cover 90% of the nations total man power and would exempt those
working on ships and in the armed forces.
The purpose of Occupational Safety and Health Act 1994 is to promote and
encourage occupational safety and health awareness among workers and to
create organisation along with effective safety and health measures.
This would be carried out by self-regulation schemes that match the industry or
related organisation. This Act, which contains 15 sections, is a measure that
supersedes any conflict in existing occupational safety and health laws such as
the Factory and Machinery Act 1967.
The Occupational Safety and Health Act 1994 complements any existing
legislative provision and if there are any conflicts, the Occupational Safety and
Health Act 1994 will overcome it.
3. Order Occupational Safety and Health (Safety and Health Officer) Order
1997, Occupational Safety and Health (Prohibition of Use of Substances)
Order 1999
4. Code Of Practice - Code Of Practice For Safe Working In A Confined Space,
2001,Industry Code of Practice for Safe Working in Confined Space 2010
5. Guideline - Guidelines For The Preparation Of A Chemical Register - 2000
Guidelines On Occupational Safety And Health In The Office - 1996
An employer must carry out the general statutory duty of care by proceeding, in a
systematic way, to:
1. identify hazards; and
2. identify, and assess the seriousness of, risks resulting from the hazards; and
3. determine appropriate risk management measures:
4. eliminate, as far as reasonably practicable, avoidable risks; and
5. minimize, as far as reasonably practicable, unavoidable risks;
6. carry the risk management measures into effect;
7. monitor and review the effectiveness of the measures.
The duty extends, to the extent that may be appropriate in the circumstances, to:
an owner or occupier of the workplace; and a person who designs, constructs,
Manufactures, imports, installs or supplies a workplace or any part or component of a
workplace.
With the approval of this Act, starting from April 1994 the Department of Factory and
Machinery has been renamed as the Department of Occupational Safety and Health
(DOSH) and the Inspectors are called Occupational Safety and Health Officers.
1.4.1 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.
1.4.2.SOCSO
SOCSO was established in1971 to implement and administer the social security
scheme under the Employees Social Security Act 1969 (Act 4).
Under the scheme, worker are protected against industrial accident including
accident occur while working, occupational diseases, invalidity or death due to any
cause.
SOCSO also provide vocational and physical rehabilitation benefits and enhance
occupational safety and health awareness of worker.