Occupational Safety and Health Act 1994

DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH

Ministry of Human Resources

Malaysia
The NEED !

* The Factories and Machinery Act

1967
- Scope
- Prescriptive
- Too dependent on Government

* Accident statistics
 TOTAL NUMBER OF INDUSTRIAL ACCIDENTS 1980 - 1994

NUMBER
OF
ACCIDENTS

140,000 133,293
130,019
124,898 122,688
121,104
120,000
107,479

100,000
88,127

80,000 76,482
68,890
60,730 61,084 61,724
60,000 56,698 56,114
51,340

40,000

20,000

0
80 81 82 83 84 85 86 87 88 89 90 91 92 93 94

YEAR
TOTAL NUMBER OF INDUSTRIAL ACCIDENTS 1995 - 1996

140,000
117,231 120,000
108,418
100,000

80,000

60,000

40,000

20,000

0
1995 1996
 RATE OF ACCIDENTS PER 1000 WORKERS 1980 - 1994
RATE OF
ACCIDENTS

35
31
30
30
26 26 26
24 25
23 23 23
25 21 22 22
21
18
20

15

10

5
0
80 81 82 83 84 85 86 87 88 89 90 91 92 93 94

YEAR
 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

Self-regulation
Consultation
Workers cooperation and participation
 SCOPE

Person at work -

In all economic activities including public

and statutory authorities
Except -
on board ships or
the Armed Forces
 OBJECT OF THE ACT

to secure the safety, health and welfare of persons at

work

to protect person (other than person at work) at a place

of work against hazard

to promote the occupational environment adaptable to

the persons physiological and psychological needs

to provide the means towards a legislative system based

on regulations and industry codes of practice in
combination with the provisions of the Act.
 SALIENT PROVISIONS
National Council for OSH
General duties of -
- employers, self-employed
- designers, manufacturers and suppliers
- employees
Safety and Health Organisation
Reporting of accident, dangerous occurance,
occupational poisoning and disease
Prohibition of the Use of Plant or Substance
Industry Code of Practice
Enforcement and Investigation
Liability for offences
Appeals
Penalties
 NATIONAL COUNCIL FOR OCCUPATIONAL
SAFETY AND HEALTH

membership - between 12 to 15 and tripartite plus

others

power to do all things incidental to the objects of the Act

conduct investigations -
legislations, administration/enforcement, fostering co-
operation, special problems, use of chemicals, statistics,
health care facilities, industrial code of practice,
rehabilitation

chairman of committee of Appeal

 PRACTICABLE -

means practicable having regard to -

a) the severity of the hazard or risk in question;
b) the state of knowledge about the hazard or risk and way of
removing or mitigating the hazard or risk;
c) the availability and suitability of ways to remove or
mitigate the hazard or risk; and
d) the cost removing or mitigating the hazard or risk
 GENERAL DUTIES OF EMPLOYERS AND
SELF-EMPLOYED PERSONS

So far as is practicable -

provide and maintain plant and system of work

make arrangements for the safe use, operation, handling,

storage and transportation of substances and plant

provide information, instruction, training and supervision

provide and maintain place of work and means of access to

and egress from any place of work

provide and maintain working environment that is safe and

without health risk and adequate welfare facilities
 CONSEQUENCES

duty of care under common law

now becomes a legal duty of the
employer to provide the necessary
care to his employees
non-compliance is a crime
 CONSEQUENCES
establish programs on the provision, maintenance and
procedure for the safe use of plant and substances e.g.
purchasing procedure, SOPs, work permit, maintenance
schedule etc.
establish training, education and supervisory programs for
new employees and continuos training and education
programs on existing employees
establish programs to ensure workplaces are safe e.g.
housekeeping, lighting, inspection etc.
establish industrial hygiene programs to ensure healthy
working environment e.g. monitoring, PPE, testing LEV
etc.
 OTHER DUTIES OF EMPLOYERS, SELF-EMPLOYED

AND OCCUPIERS

Formulate written statement of his policy on OSH

Conduct undertaking in such manner not to affect

other persons not his employees

Provide information to other persons on ways his

undertaking may affect them
 CONSEQUENCES
commitment of the employer
safety and health will be integrated within
the mission, goal and objectives of
organisation
setting up of system to manage safety and
health
clarity and transparency in the conduct of
business
 GENERAL DUTIES OF DESIGNERS,
MANUFACTURERS AND SUPPLIERS
(plant and substance)

So far as is practicable -

to ensure plant/substance is designed and constructed to

be safe and without risk to health when properly used

arrange for carrying out testing and examination

adequate information

for designers and manufacturers -

arrange for research to eliminate or minimize hazards

safe erection and installation

 GENERAL DUTIES OF EMPLOYEES

Reasonable care for safety and health of himself and

others

Co-operate with employer and others

Wear and use PPE

Comply with instruction on OSH

 INTERFERE, CHARGE AND
DISCRIMINATE

not to interfere or misuse with anything provided for the

interest of safety and health

employer not to levy charge on employees

employer/trade union not to discriminate (dismiss,

injure or alter position)
SAFETY AND HEALTH ORGANISATION

Medical surveillance

Safety and Health Officer

Safety and Health Committee

 REPORTING OF ACCIDENTS,
DANGEROUS OCCURRENCES,
OCCUPATIONAL POISONING AND DISEASES

Employer to report to the nearest OSH office of

accidents, dangerous occurence, occupational poisoning
and diseases

Medical officers to report on scheduled diseases in FMA

 ENFORCEMENT AND INVESTIGATION

Director General of OSH

OSH officers

Certificate of authorisation

Power to enter, inspect, examine, investigate, take

samples etc

Improvement and prohibition notices

 PENALTIES

Notice of improvement / prohibition - RM50,000 /+ 5 yrs

+ RM500 per day

General duties of employer and self employed - RM50,000 /+ 2 yrs

Safety and Health Policy - RM50,000 /+ 2 yrs

General duties of manufacturer, supplier, importer - RM20,000 /+ 2 yrs

Safety and health organisation - RM5,000 /+ 6 months

Interfere or misuse things provided for safety and health - RM20,000 /+ 2 yrs

Discrimination against employee - RM10,000 /+ 1 yr

Offences in relation to inspection - RM10,000 /+ 1 yr

Duties of employee - RM1,000 /+ 3 months

General Penalty Clause - RM10,000 /+ 1 yr