XBLR 3103

OCCUPATIONAL SAFETY AND

HEALTH LEGISLATION
CHE HAZWANI BINTI CHE MANSOR
OPEN UNIVERSITY MALAYSIA
 eTutorial Notes 3

Occupational Safety and Health Regulations

(Part 1)
 Occupational Safety and Health Act (OSHA) 1994
BACKGROUND OF THE OSHA
• Act 514
• Was enacted on 25 February 1994 to provide further provision on the safety, health and
welfare of person at work.
• Purpose:
a) To secure the S, H & welfare of persons at work;
b) To protect others against risk to S & H in connection with the activities of persons
at work;
c) To establish the National Council for S & H; and
d) Other related matters.

IMPORTANCE OF THE ACT

• FMA 1967 only applicable to factories, mining and quarrying and construction activities,
but the coverage of OSHA 1994 has been extended to the economic sector as well.
• To overcome the limitations of the FMA 1967 in the following aspects:
a) Scope of Application b) Prescriptive Provisions c) Approach
 Occupational Safety and Health Act (OSHA) 1994
The philosophy and principles of OSHA differs from the FMA 1967. The Act addresses the
responsibility to ensure a safe and healthy workplace lies with those who create the risk and
those who work with the risk. This philosophy advocates 3 main principles:
a) Self regulation b) Consultation c) Worker cooperation and participation

The OSHA 1994 consists of 15 parts:

PART I: Preliminary
Outlines the provision pertaining to the application of the act, superseding of prevailing
legislations, and interpretations of terminologies used in the act such as:

a) Application: i) People at work

ii) The Act shall apply to all sectors of economy as specified in the 1st Schedule
iii) The Act shall not apply to workers on board ships & armed forces

b) Prevailing Laws: i) Addition to any other written law relating to OSH

ii) The provisions of this Act shall supersede any other existing law
which are conflicting and inconsistent with it
 Occupational Safety and Health Act (OSHA) 1994
PART I: Preliminary (continue..)
c) Interpretation of phrases applied in this act such as:
i) Practicable. Practicable should take into account:
- The severity of the risk or hazard
- The state of knowledge about the hazard or risk and any way of removing or mitigate
the hazards/ risk
- The availability and suitability of methods to remove or mitigate the hazard/ risk
- The cost of removing or mitigating the hazard/ risk … and many more under Part I

PART II – Appointment of Officers

Outlines the provisions for the Minister to appoint a public officer for the purpose of
exercising power, performing the functions and discharging the duties assigned to him
under this Act.
The Director General of DOSH may appoint a person or an independent inspecting
body as he deems fit to advise or assist him in carrying out the objects and purposes of
this Act.
 Occupational Safety and Health Act (OSHA) 1994
PART III: National Council for Occupational Safety and Health (NCOSH)
A member of the Council appointed by the Minister to be the Chairman of the Appeal Committee
Outlines the provisions for the establishment, membership, power and function and appointment of
secretary to the NCOSH. Among the provisions are:
a) The Council shall consist of not less than 12 and not more than 15 members of whom:
i) 3 persons shall be from organisations representing employers;
ii) 3 persons shall be from organisations representing employees;
iii) 3/ more persons shall be from Ministries/ Departments - responsibilities & related to OSH;
iv) 3/ more persons, at least 1 shall be a woman, from organisation/ professional bodies
with activities related to OSH.
b) Appointment by Minister
i) The Council shall have power to do all things expedient or reasonably necessary for carrying out the
Act’s Objectives
ii) The Council shall carry out duties with regard to:
-OSH legislations
-Improvement of the admin. & enforcement of OSH legislations
- Fostering of a co-operative consultative relationship between management & labour
- Establishment of adequate methods of control of industrial chemicals
-Statistical analysis of occu. related deaths & injuries
-Provisions of health care facilities
- Development of rehabilitation plans & facilities & adoption by law of industry codes of practice
- Special problems
 Occupational Safety and Health Act (OSHA) 1994
PART IV – General Duties of Employers and Self-Employed Persons

• Outlines the provisions of the general duties of employers and self-employed persons in
order to ensure, as far as is practicable, the S, H and welfare at work of all his
employees (SECTION 15)

• Workers are also defines as including, as additional input to the provision under Section
3, an independent contractor engaged by an employer or a self-employed person and
any employee of the independent contractor.

• Among the other duties of the employer and self-employed person under this Part is
the duty to formulate a S&H Policy (SECTION 16).

• This Part also outlines duties of an occupier of a place of work of non-domestic

premises shall take measures to ensure that the premises are without risks to other
persons not being his employees. For example, public areas accessible to the public are
railway stations and airports terminals.

• The provision also applies to plant used by the public.

 Occupational Safety and Health Act (OSHA) 1994
PART V – General Duties of Designers, Manufacturers and Suppliers
• This Part describes the provisions of the general duties of designers, manufacturers and suppliers to
ensure as far as practicable: (Refer Section 20)
PART VI - General Duties of Employees
• This Part outlines the provision of the general duties of employees: (Refer Section 21)
• Such as:
a) To take reasonable care for the safety and health of himself and of other persons.
b) To co-operate with the employer or any other person in the discharge of any duty or
requirement imposed on the employer or that other person by this Act and regulations
made thereunder.
c) To wear/ use at all times any PPE or clothing provided by the employer for the purpose of
preventing risks to his S and H.
d) To comply with any instruction/ measure on OSH instituted by the employer/ other person.
• This part also describes provision on interference, charges and discrimination of the following:
a) A person shall not intentionally interfere with or misuses anything provided /done in the
interest of S, H & welfare
b) Employer shall not levy any charge on employees (Section 26)
c) No employer/trade union shall discriminate against (dismiss,injure/ alter position of the
employee (Sec.27)
 Occupational Safety and Health Act (OSHA) 1994
PART VII: SAFETY AND HEALTH ORGANISATION
This Part outlines provisions pertaining to medical surveillance, employment of a SHO by an occupier of
a workplace and the establishment of S & H Committee at the workplace.
Medical surveillance
Under this provision, the Minister shall make regulations as necessary for any:
a) Cases of illness
b) Changes in any process or in the substances used
c) Employment of persons below the age of 16;
d) Work exposure with specific risk to health of persons employed
• Do not include medical treatment. This section stipulates provision for registration of a Medical
Officer and the penalties of any offences and violations.
Safety and Health Officer (SHO)
An occupier of a place of work to which this section applies shall employ a competent SHO. This section
also stipulates the following:
a) Gazetting of specific industries
b) Ensuring the due observance of the provision of the Act and the promotion of safe work conducts
c) Gazzetting of qualifications and training requirements
d) Penalties for offences
 Occupational Safety and Health Act (OSHA) 1994

PART VII: SAFETY AND HEALTH ORGANISATION (continue…)

Safety and Health Committee

Every employer shall establish a safety and health committee when:
a) There are 40 or more employed person or
b) Ordered by the Director-General

It also stipulates the provisions for:

a) The membership, appointment or election of the committee as prescribed
b) The requirement for employer to consult the S&H committee to ensure S&H of the workers
c) Penalties for offences

The Section also outlines the functions of the S&H committee as follows:
a) To review the measures taken to ensure safety and health
b) To investigate any matter which is considered unsafe or which has been brought to the
attention of the employer
c) Other functions as may be prescribed
 Occupational Safety and Health Act (OSHA) 1994
PART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING
AND OCCUPATIONAL DISEASES, AND INQUIRY
• Stipulates the provisions pertaining to the NADOOPOD to the nearest DOSH office.
• Registered medical practitioners are also required to report to the Director General any diseases
listed under the Third Schedule of the FMA 1967 if a patient is believed to be suffering from the
said diseases.
• Also stipulates the provision of inquiry to be held by an Occupational SHO.

PART IX: PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

• The provision of the power of the Director General to prohibit the use of any plant or substance
which in his opinion is likely to affect the S&H of persons at work.
• Whenever the Director General intends to exercise his power to make the order, he shall consult
the relevant gov. department or other body. This Part also stipulates the provisions for an
aggrieved party to appeal any order imposed.
• The Prohibition of Use of Substances Order 1999 was issued by the Director General of DOSH
under this provision. Substances that are prohibited for use except in analytical laboratories are:
a) Crocidolite b) Carbon disulphide c) Carbon tetrachloride
d) n-Hexane e) White phosphorus f) 4-Aminodiphenyl
g) Benzidine h) 2-Naphthylamine i) 4-Nitrodiphenyl
 Occupational Safety and Health Act (OSHA) 1994
PART X: INDUSTRIAL CODES OF PRACTICE

The provisions for industrial code of practice as follows:

a) Approval of industry codes of practice by the Minister
b) The Ministers’ power to revise, amend, deleting, varying or adding to the provision of the industry
code of practice
c) An industry code of practice may consist of any code, standard, rule, specification or provision
relating to occupational S& H
d) The approved industry code shall be admissible in evidence in the proceedings in the court of law

PART XI: ENFORCEMENT AND INVESTIGATION

The provision for enforcement and investigation by an Occupational SHO as follows:
a) Authorisation to enter, inspect, investigate, take samples and others
b) Authorisation to enter a premise with a search warrant and power of seizure
c) Authorisation to enter a premise without a search warrant and power of seizure
d) Power of investigation
e) Offences in relation to inspection
f) Notices of improvement and prohibitions (Section 48)
 Occupational Safety and Health Act (OSHA) 1994
PART XII: LIABILITY FOR OFFENCES
The provisions for liability for offences. Among them are general penalty, offences committed by body
corporate, trade union or agent, defence, onus of proving limits of what is practicable, prosecutions and
compounding of offences.
General Penalty
This outlines the provision for general penalty not covered under other Parts or Sections namely:
a) Maximum fine of RM 10,000 or one year imprisonment or both
b) Continuing offence – maximum of RM 1,000 per day
Who can be Charge?
a) Body corporate - Company Director, Manager, Secretary or others (Section 52)
b) Trade Unions (Section 53)
c) Agents (Section 54)
Defence in Proceedings
Section 55 and can be done under the following conditions:
a) No knowledge of the offence
b) Offence is committed without the consent or connivance or supervision
c) A reasonable effort has been undertaken to prevent the commission of the offence as ought to have
been exercised having regard to the nature of his functions in the capacity and to all the circumstances
 Occupational Safety and Health Act (OSHA) 1994

PART XII: LIABILITY FOR OFFENCES (continue…)

Types of Liabilities and Offences

- Refer to Section 15, 23, 24, 25, 27(3), 28, 29, 30, 47 and 49

PART XIII: APPEAL

The provisions pertaining to the administration and handling of appeal cases:
a) Appointment of Appeal Committee by Minister
b) Chairman is appointed among the council members
c) Two other experienced persons
d) Power of the Appeal Committee to approve, cancel or amend order by the Director
General under Subsection 50(1), or any notice of improvement or prohibition issued by
Director General under Section 48
e) Judgement by Appeal Committee is final and conclusive and cannot be challenged in
any court of law
 Occupational Safety and Health Act (OSHA) 1994

Part XIV: Regulations

The provisions pertaining to Reg. made by the Minister to exercise the purpose of the Act, include:
a) Regulate or prohibit:
- Manufacture, supply and use of any plant
- Conducting of any process or work operations
b) Prescribe requirements with regards to the examination, testing, analysis,
labelling or marking or any substance
c) Ensure adequate welfare facilities
The Regulations made under this provision (Section 66) are:
a) OSH(Employers’ Safety and Health General Policy Statements) (Exception) Reg.1995
b) OSH(Control of Industrial Major Accident Hazards) Reg. 1996
c) OSH (Safety and Health Committee) Reg.1996
d) OSH (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Reg. 2013
e) OSH(Safety and Health Officer) Reg. 1997
f) OSH(Use and Standards of Exposure of Chemicals Hazardous to Health) Reg. 2000
g) OSH(Notification of Accident, Dangerous Occurrence and Occupational Poisoning) Reg.2004
 Occupational Safety and Health Act (OSHA) 1994

Part XV: Miscellaneous

The provisions pertaining to the duty to keep secret and penalties for any
offence of the section which are:
a) No person shall disclose any matter
(manufacturing or commercial secret)
which has come to his knowledge while
performing his duties
b) Maximum penalty RM20,000 or 2 years imprisonment or both

CONCLUSION
OSHA 1994 is necessary to overcome the limitations of the FMA 1967 in the
following areas:
a) Scope of Application
b) Prescriptive provisions
c) Approach