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OSH legislation in Malaysia

FACTORIES AND MACHINERY ACT (FMA) 1967
PESTICIDES ACT 1974
ATOMIC ENERGY LICENSING ACT 1984
PETROLEUM (SAFETY MEASURES) ACT 1984
OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)
1994
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Why the OSHA 1994
Prior to the OSHA 1994, the FMA 1967 was the primary
legislation on occupational safety and health matter.
However, the FMA 1967 has the following
disadvantages:
Scope is limited to only the manufacturing
sector
Prescriptive, detailed regulations
Too dependent on the government
And hence, the formulation of the OSHA 1994, which
covers all aspects of the economy including the public
services and government bodies.
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Occupational Safety and Health Act 1994
OSHA 1974 was gazetted in Feb 1994 based on
intensive study of 1988 -1992 accident statistic
Covers all sectors of the economy EXCEPT the armed
forces and those on board ships (who are subjected to
the Merchant Shipping Ordinance 1952, and Merchant
Shipping Ordinance 1960 of Sabah and Sarawak).
Administered and enforced by the Department of
Occupational Safety & Health (DOSH) under the
Ministry of Human Resources.
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Objectives of OSHA 1994
To ensure the safety, health and welfare of persons at
work against risks to safety and health arising from
workplace activities.
To protect non-employees at a workplace from risks
to safety and health arising from workplace activities.
To promote an occupational environment at the
workplace that is adapted to their physiological and
psychological needs.
To provide means of developing regulative system
and industry codes of practice to maintain/improve
OSH standards.
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Philosophy and Guiding Principles
Responsibilities to ensure safety and health at
workplaces lies with those who create the risk
and with those who work with the risk.


Self regulation
Tripartite approach: government, employer and
employees at workplace
Employees, workers
Employers, designers,
manufacturers, suppliers
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General Duties of an Employer/self employed (P IV)
Provide and maintain systems of work including machineries,
equipment, tools, and storage and transportation facilities that are
safe and without health risk.
Provide information, instruction, training and supervision to
ensure that all activities, including the operation of machineries
and handling of toxic substances, are carried out safely and
without health risk. Section 15
Provide a safe workplace for both employees and visitors, with
adequate means of access and exit and welfare facilities.
For employers with more than five employees, formulate a
written policy on OSH matters and inform all employees
regarding the policy. Section 16
Penalty for failure to comply: RM 100,000 or two years
imprisonment or both.-Section 19

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General Duties of a Designer /Manufacturer
/Supplier (P V)
To ensure that machineries or substances supplied are
safe and without health risks when properly used.
To arrange for necessary testing of machineries or
substances supplied.
To provide sufficient information and training to ensure
the safe use of machineries or substances supplied.
To carry out necessary research to minimize any risk to
safety or health that may arise from machineries and
substances supplied.-Section 20
To ensure the safe installation of machineries supplied.
Penalty for failure to comply: RM 20,000 or two years
imprisonment or both.
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General Duties of an Employee (P VI)
To take care to ensure the safety of himself and other
persons.
To provide full cooperation to the employer and other
persons in complying with the requirements of OSHA
1994.
To wear or use, at all times, any protective equipment
or clothing provided by the employer.-Section 24
Not to intentionally, recklessly or negligently interfere
with or misuse any item provided or activity carried out in
the interest of OSH in pursuance of the OSHA 1994.-
Section 25
Penalty for failure to comply: RM 1,000 or three months
imprisonment or both.
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Safety and Health Organisation (P VII)
An employer with 40 or more employees must establish an
OSH committee. -Section 30
Both management and workers must have adequate and
equal representation in the committee.
The committee provides a path for consultation and
cooperation between management and workers in identifying,
assessing and controlling workplace hazards.
Among the committees functions are
review OSH measures undertaken;
inspect the workplace;
investigate possible hazards, accidents, near-misses;
recommend corrective action.
Penalty for failure to comply: RM 5,000 or six months
imprisonment or both
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Safety and Health Officer
Employers in certain high-risk industries, with greater than a
given number of employees, must appoint a qualified Safety
and Health Officer. Section 29
The officer must have completed a training course in OSH and
passed all required examination, have experience in the area of
OSH of at least 10 years, and be registered with the Director
General of OSH.
Among the officers functions are:
prepare & submit monthly reports on OSH matters;
act as the secretary to the safety and health committee;
advise on and assist in OSH measures to be taken;
inspect the workplace to identify and correct potential
hazards;
investigate possible hazards, accidents, near-misses;
collect and analyze OSH statistics.
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Factors contribute to Workplace Accidents
Lack or no training on the job
Absence of clear safe working procedures.
Lack of on-the-job supervision.
Act of negligence on the part of the workers.
Other factors such as machinery breakdown,
poor plant/machinery maintenance etc.
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Regulations under the OSHA 1994
OSH (Control of Industrial Major Accident Hazards)
Regulations 1996
OSH (Safety and Health Committee) Regulations
1996
OSH (Safety and Health Officer) Regulations 1997
OSH (Classification, Packaging and Labeling of
Hazardous Chemicals) Regulations 1997
OSH (Use and Standards of Exposure of Chemicals
Hazardous to Health) Regulations 2000
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Construction (Design & Management)
Regulations (CDM) - Roles & Duties
Under CDM, clients duties have to be pointed out to
them by designers (Regulation 13(1))-applies to all
who design.
In the engagement of designers and contractors and in
the formal appointment of the principal contractor, the
client can ask for the advice of the planning
supervisor who must be in a position to give it,
(Regulation 14(c)).
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The client has to provide the planning supervisor with
information about the site or premises relevant to his
functions, including matters that designers must take
into account, (Regulation 11, ACoP Para.50)
Designers have to, (R13)
Take reasonable steps to ensure that the client for the
project is aware of his duties under the Regulations
Ensure that the design they prepare includes adequate
regard to:
Avoiding foreseeable risks to the health and safety
of anyone carrying out construction or cleaning
work, or persons who may be affected by such work.
Giving priority to measures which protect all
persons carrying out the work or persons affected by
the protection of the individual person carrying out
the work
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Designers have to, (R13) (contd)
Ensure that the design includes adequate information
about the affect on health and safety of any aspects of the
project
Co-operate with the planning supervisor and with any
other designer.
Designer is only responsible for including within
the design matters which were reasonably
foreseeable at the time the design was prepared.
Designer also make clear that health and safety is
only one of the balance of consideration to be taken
into account, including cost, buildability, fitness for
purpose, aesthetics and environment impact, (ACoP
Para. 57)
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Designers intention and assumptions about health
and safety must be stated, (Regulation 13(2)(b)), so
that the residual risks are clear, and to enable reliable
performance by a competent contractor.
Planning supervisor ensures that the file is started
which will contain information relevant to
construction, maintenance and repair work on the
completed structure (Regulation 14(d)).
The plan is produced to manage the risks that
appear from the design process, (Regulation
15(1)and(3)).
The client must see that the plan has been developed
to an appropriate degree (Regulation 10, ACoP 48).
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The role of the designer considered
The designer is concern greatly with risk
avoidance and reduction in design.
Concept and feasibility:
Can the footprint of the structures be arranged so
as to assist traffic circulation and safe access to
the street on an awkward site?
Can major services be avoided or diverted?
Can areas of contamination be avoided?
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Scheme and detail design:
Will precast construction reduce exposure in
potentially dangerous locations?
Can ground level prefabrication be adopted?
Could work below the steel erectors be completed
first?
Can work at heights be assisted by jointing detail?
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Thank you
References
Occupational Safety and Health Act 1994
(Act 514), PNMB, 2004 Kuala Lumpur on
behalf of Malaysian Government.
Construction (Design and Management)
Regulations 2007 (CDM), 2007 No. 320.