INTRODUCTION

INTRODUCTION TO
TO
OCCUPATIONAL
OCCUPATIONAL SAFETY
SAFETY
AND
AND HEALTH
HEALTH
LEGISLATION
LEGISLATION
 Outline
• Introduction to Occupational Safety
and Health Legislation
• Occupational Safety and Health
Legislation
• Factories and Machinery Act 1967
(Act 139)
• Regulation on Safety
• Regulation on Health
Introduction to OSH
Legislation
Historical Perspective:
• Introduction to Occupational Safety
and Health Legislation
• Occupational Safety and Health Act
1994 (Act 154)
• Factories and Machinery Act 1967
(Act 139)
• Regulation on Safety
• Regulation on Health
History of Legislation
• Selangor Boiler Enactment 1892
• Perak Boiler 1903
• Machinery Enactment 1913
• Machinery Enactment 1932
• Machinery Ordinance 1953
• Factories and Machinery Act 1967
• Regulation on Safety
• Regulation on Health
• Occupational Safety & Health Act 1994
• OSH Regulation
Structure of Legislation
THE ACT
• Duties of Care
• Committees
• SHO
• DOSH Officers, Improvement & Prohibition
Notices
Regulations
• To detail specific requirements
Code of Practice
• Guidance in complying with the Act
• Evidence that legal requirements contravened
 Common Law
Common Law
• Evolved as a result of decisions of courts and
judges as a result of legal action by employees.
Criminal Law
• Set out in statues (i.e. OSHA) and known as a
statue law
Torts
• Harm caused as a result of trespass, nuisance or
negligence.
Negligence mostly applies to an employer’s liability
for accidental injury to his employee
Employer’s Common Law
Liability
• Liable if breach of duty to take reasonable care
and breach results in injury.
• Duty applies to each employee.
• Employer owes the duty personally (is still
responsible if delegated duty to another, i.e.
safety consultant).
Vicarious Liability
• Employer still liable if an employee or agent is
negligent and causes injury to another.
• Not liable if employee negligent on a frolic
independently of his employment.
 ACT Objectives
• To secure the safety and health of persons at
work.
• To protect persons at place of work other than
employees.
• To promote an appropriate and suitable environment
for persons at work.
• To enable previous legislation to be replace by
regulations and approved industry codes of practice
operating in combination with the OSH Act 1994.
The Act is in accordance with Roben’s principles
 National Council for
OSH
FOUR GROUPS REPRESENTED – Employers,
Employees, Government and OSH professions.
FUNCTIONS.
• Recommends legislative changes.
• Report on improving enforcement.
• Consultation.
• Establishes control methods for chemicals.
• statistics
• Reports on health care facilities
• Fosters adoption of industry code of practice
• Develops rehabilitation plans
INDUSTRY ADVISORY COMMITTEES
 DUTIES OF EMPLOYERS & SELF
EMPLOYED PERSONS TO
EMPLOYEES
• Safe plant and systems of work.
• Safe use, storage and handling of plant and
substances.
• Information, instruction, training and
supervision.
• Safe access and egress.
• Written general OSH policy
• Not to charge employees for things done or
provided.
• Employer to report accidents, dangerous
occurrences, occupational poisonings or diseases
to DOSH
 DUTIES OF EMPLOYERS & SELF
EMPLOYED PERSONS TO OTHER PERSONS
(NON EMPLOYEES)

• Ensure he and others are not exposed to

OSH risks.
• Give others OSH information, as
prescribed.
 DUTIES OF EMPLOYEES

• Reasonable care of self and others.

• Cooperate to help others discharge their
duties.
• Use protective equipment or clothing
provided.
• Comply with instructions or measures
made in accordance with OSH legislation.
• Not to interfere or misuse things done in
accordance with OSH legislation.
 DUTIES OF OCCUPIERS
(PERSON WHO HAS MANAGEMENT OR CONTROL)

• Safe premises.
• Safe access and egress
• Safe plant and substances.

Note: contract or lease gives control.

 DUTIES OF DESIGNERS,
MANUFACTURERS, IMPORTERS AND
SUPPLIERS OF PLANT

• Ensure pant is designed and constructed

to be safe when properly used.
• Test and examine plant before it is used.
• Provide information for safe use.
• Designers and manufacturers of plant
must ensure research and minimize risks.
• Person who erect or install plant to
ensure it can be used safely.
 DUTIES OF PERSONS WHO FORMULATE,
MANUFACTURES, IMPORTS OR SUPPLIES
SUBSTANCES

• Ensure substance is safe when properly used.

• Test and examine substance before it is used.

• Provide information on tests and for safe use.

• Manufacturers and suppliers of substances

must ensure research and minimize risks.
 DUTIES OF DESIGNERS,
MANUFACTURERS ETC:
EXPLANATIONS

• Can rely on testing, examination or research by

others, if reasonable.
• Duties only extend to trade, business or other
undertaking and within ones control.
• No duty if reasonable written undertaking by other
to ensure plant is designed and constructed to be
safe or substance is safe when properly used.
• If merely providing finance to customer to acquire
plant or substance, the duty falls on the third
party, “the effective supplier”.
• Plant or substance is not properly used unless
information provided is followed.
Thank
Thank You…
You…