Documente Academic
Documente Profesional
Documente Cultură
Rafikullah Deraman
Department of Construction Engineering and Construction
FKAAS, UTHM
Legislation Act
+ OSHA 1994
+ FMA 1967
+ BOWECS 1986
OSHA 1994
OCCUPATIONAL SAFETY AND
HEALTH ACT 1994
Introduction
The Occupational Safety and Health Act 1994
(Act 514) is a piece of Malaysian legislation which
has been gazetted on the 25 February 1994 by the
Malaysian Parliament.
CONTENT OF OSHA
1994
Introduction
15 parts- is a measure that supersedes any
conflict in existing occupational safety and
health laws
Introduction
Regulati
on
Act
Code of
Practice
Order
OSHA
1994
Guidelin
e
General Duties of
Employers & SelfEmployed Persons
Section 19 Penalties
A person who contravenes the provisions of Section 15, 16, 17
and 18 shall be guilty of an offence and shall on conviction be liable
to:
Maximum Fine
RM50,000; or Max
Imprisonment 2 Years;
or Both
General Duties of
Employers & SelfEmployed Persons
Section 26. Duty not to charge employees for things done or
provided.
The employer may not charge employees for things done or
provided in pursuance of this Act.
General Duties of
Employers & SelfEmployed Persons
Section 27 - Discrimination against employee, etc.
Employer /Trade Union may not discriminate dismiss, injure or
change position of any employee who makes complaint that he is not
safe or is risk to health and also exercises his functions as a member
of the Safety and Health Committee.
Maximum Fine
RM10,000; or Max
Imprisonment 1 Years;
or Both
General Duties of
Employers & SelfEmployed Persons
Section 29 Safety and health officer
Specific industries gazetted.
Employ a competent person to act as a safety and health officer.
Specific responsibilities to ensure compliance to the Act and
promotion of safe work.
Qualification and training requirements.
Maximum Fine
RM5,000; or Max
Imprisonment 6
months; or Both
General Duties of
Employers & SelfEmployed Persons
Section 30 Establishment of safety and health committee at
place of work.
To be established if:
a. There are 40 or more workers.
b. Instructed by Director General
Membership, selection and appointment as prescribed.
Consultation with employer
Maximum Fine
RM5,000; or Max
Imprisonment 6
months; or Both
General Duties of
Employers & SelfEmployed Persons
Section 31 Functions of safety and health committee
To review all safety and health measures that have been taken.
Investigate issues concerning occupational safety and health and
bring to attention of employer.
Other functions may be determined.
General Duties of
Employers & SelfPersons
Employed
Section 32 Notification
of Accidents, Dangerous Occurrence
Occupational Poisoning and Occupational Diseases and Inquiry
Employers to inform the nearest Department of Safety and Health
office (DOSH).
Registered Medical Practitioners should report to the Director
General.
General Duties of
Employees
Section 24 General duties of employees at work
a. Ensure personal safety and that of others.
b. Cooperate with employer and others.
c. Properly wear and /or use personal protective equipment that are
provided.
d. Comply to any safety instructions.
Maximum Fine
RM1,000; or Max
Imprisonment 3
months; or Both
General Duties of
Employees
Section 25 - Duty not to interfere with or misuse things provided
pursuant to certain provisions
An employee who intentionally, recklessly or negligently interfere of
misuse anything provided or done in the interest of safety, health
and welfare in pursuance of the Act shall be guilty of an offence.
Maximum Fine
RM20,000; or Max
Imprisonment 2 Years;
or Both
FMA 1967
FACTORIES AND MACHINERIES ACT
1967 (ACT 139)
Introduction
FMA 1967 was the sole OSH legislative
reference pertaining to industries
activities.
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.
Related to Construction
BOWECS 1986
BUILDING OPERATIONS AND WORKS OF
ENGINEERING CONSTRUCTION (BOWECS)
1986 & OTHER LEGISL ATIONS
Introduction
Force on 1st October 1986 Building operations and works
of engineering construction only.
Building operations Construction, structural alteration,
repair & maintenance, demolition of an intended building.
Works of Engineering Construction Construction,
extension, installation, repair, maintenance, renewal,
removal, renovation, alteration, dismantling and demolition.
The regulation stipulated under Factories & Machinery Act
and Regulations.
Part I: Preliminary
Definition of terms
Contractor Person who has entered into a contract for the purpose
of carrying out any building operations or works of engineering
construction and includes main contractor or sub-contractor.
Contractors Safety Supervisor A contractors safety supervisor
appointed under Regulation 26.
Designated Person A competent person appointed by an
employer to carry out any supervision or inspection or to perform any
task or duty prescribed by these Regulations.
Employer Any person who employs another person under contract
of service.
Main contractor A person who has entered into a contract with a
owner or lessee of a property or his agent for the purpose of carrying
out any building operation or work of engineering construction.
Professional engineer A Registered Professional Engineer as
defined by Section 2 of the Registration of Engineer Act 1967.
Part X: Scaffolds
i) Scaffolds and their components must constructed from
suitable & sound material and adequate strength.
ii)
Working platforms must be adequate size for specific
work and provided with guard-rails and toe-boards.
iv)
iii)
with
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