OCCUPATIONAL SAFETY AND HEALTH

PART 1

WORKPLACE SAFETY AND HEALTH

LEARNING OBJECTIVES

Upon completing this topic, you will be able to:

1. Describe the nature and role of safety and health.

2. Be aware of several laws related to safety and health.
3. Understand the basic provisions of OSHA
4. Describe the characteristics of effective Safety programs.
5. Explain various other safety and health related issues in the workplace
such cumulative trauma disorders, stress and burnout, wellness
programs, workplace violence, AIDS and smoking.
6. Understand the Occupational Safety and Health Legislation 1994

Interface Global Education (M) Sdn Bhd Page 1

OCCUPATIONAL SAFETY AND HEALTH

CHAPTER 1

THE NATURE AND ROLE OF SAFETY AND HEALTH

Safety involves protecting employees from injuries caused by work-related accidents. Health
refers to employees' freedom from physical or emotional illness. Although line managers are
primarily responsible for maintaining a safe and healthy work environment, human resource
professionals provide staff expertise to help them deal with these issues. The human resource
manager is frequently responsible for co-ordinating and monitoring specific programs

WORKPLACE SAFETY AND THE LAW

The government has passed numerous laws to regulate safety and health in the
workplace. Before the Occupational Safety and Health Act (OSHA) was passed by Parliament
in 1994, the Factories and Machinery Act, 1967 (FMA) regulated safety in the workplace
through the Factories and Machinery Department. To deal with health-related matters, the
Employees Social Security Act 1969, which establishes and insurance scheme for workers was
introduced. The Workmen’s Compensation Act 1952 ensures that foreign workers are provided
with insurance coverage.

HISTORICAL PERSPECTIVE OF OSH DEVELOPMENT

In the early state of country development, the economic structure depended heavily on
agricultural and mining based activity. The growth of these sectors introduced various hazards to
workers. The Selangor Boiler Enactment in 1892 was the first legislation to address industrial
safety issues.

In 1913, the Machinery Ordinance was enacted to ensure safety of machinery including boiler
and internal combustion engines. The Machinery Ordinance 1913 was updated in 1932
(Machinery Enactment 1932) with additional provisions on registration and inspection of
machinery installation.

Interface Global Education (M) Sdn Bhd Page 2

OCCUPATIONAL SAFETY AND HEALTH

The Machinery Ordinance of 1953 superceded all previous legislation related to industrial safety,
and was enforced in all the 11 states of Malaya under the jurisdiction of Machinery Department,
Ministry of Labour.

Early OSH legislation, the Federated Malay States Mining Enactment of 1926 and the Rump
Labor Code of 1933 included public health provisions. Both these legislation required the
provision of accommodation, sanitation, medical care and services, decent working conditions
and livable wages for the mine and estate workers.

Factories & Machinery Act 1967

In 1960s, the government implemented a policy to move towards industrialization. This resulted
in an increasing number of workers in the manufacturing sector such as microelectronics,
chemical and mineral based industries, and in later years textile and automobile industries.

In order to manage the safety and health problems associated with manufacturing industries, the
Factory and Machinery Act (FMA) was enacted in 1967 and enforced by the Factories and
Machinery Department (previously known as Machinery Department).

This Act and the regulations were the cornerstone for OSH improvement for the next three
decades before the introduction of the Occupational Safety and Health Act 1994.

Although the FMA was an improvement over earlier pieces of legislation, it had some important
limitations. Among them was the fact that it only encompassed “factories” and hence covered
only 23% of the workforce. It was prescriptive in nature, and based on traditional “checklist”
system whereby hazards were identified and measures to overcome the hazards were stipulated.
It also depended on command and control approaches and improvement was heavily dependent
on the effectiveness of enforcement agencies.

A number of regulations were introduced in 1970 to further strengthen the FMA 1967 .These
regulations except for the Safety, Health and Welfare Regulation 1970 were primarily targeted in
addressing safety problems. Provisions of first aid and welfare facilities e.g. drinking water,
toilets and washing facility were included in the Safety, Health and Welfare Regulation 1970.

Interface Global Education (M) Sdn Bhd Page 3

OCCUPATIONAL SAFETY AND HEALTH

From 1984 to 1989, four pieces of regulations addressing specific health hazards in the
workplace – lead, asbestos, noise and mineral dust – were introduced. Provisions for assessing
exposure at the workplace; establishing permissible exposure level (PEL); control measures
including medical and health surveillance provisions; competence and training program were
common to all these regulations. However, the process of introducing regulations covering other
health hazard was slow.
Table 1. List of regulations made under the FMA 1967.
Regulations Year
Certificate of Competency-Examination 1970
Electric Passenger and Good Lift 1970
Fencing of Machinery and Safety 1970
Notification of Fitness and Inspections 1970
Person-In-Charge 1970
Safety, Health & Welfare 1970
Steam Boiler & Unfired Pressure Vessel 1970
Administration 1970
Compounding of Offences 1978
Compoundable Offences 1978
Lead 1984
Asbestos Process 1986
Building Operations and Works of Engineering Construction 1986
(Safety)
Noise Exposure 1989
Mineral Dust 1989

Source: Factory & Machinery Act, 1967.

Interface Global Education (M) Sdn Bhd Page 4

OCCUPATIONAL SAFETY AND HEALTH

The occupational safety and health act (OSHA 1994)

Although the FMA has been enforced for more than twenty-five years, the Department
responsible for safety and health could not keep up with the growth
industrialisation. Furthermore, the coverage of the FMA was limited to certain sectors of the
economy. The government felt that there was a dire need to have a more comprehensive law to
cover safety and health in the workplace.

The Occupational Safety and Health Act (1994) is designed to make the workplace safer by
ensuring that the work environment is free from hazards. This act mandates numerous safety
standards and enforces these standards through a system of inspection, citations and fines.

The main objectives of OSHA include securing the safety, health and welfare of person at work,
protecting others against risks which regards to safety or health in connection with the activities
of person at work, and promoting an environment that adapts to employees physiological and
psychological needs

Figure 1.1 : Objects of OSHA act

Objects of the Act

1. To secure the safety, health and welfare of persons at work against risks to safety or health arising
out of the activities of persons at work.
2. To protect persons at a place of work other than persons at work against risks to safety or health
arising out of the activities of persons at work.
3. To promote an occupational environment for persons at work which is adapted to their physiological
and psychological needs?
4. To provide the means whereby the associated occupational safety and health legislations may be
progressively replaced by a system of regulations and approved industry codes of practice operating
in combination with the provisions of this Act designed to maintain or improve the standards of
safety and health.

Interface Global Education (M) Sdn Bhd Page 5

OCCUPATIONAL SAFETY AND HEALTH

OSHA covers the following economic sectors: manufacturing; mining and quarrying;
construction; agriculture; forestry and fishing; utilities; transport; storage and communications;
wholesale and retail; hotel and restaurant; finance and insurance; public service and statutory
authorities.

Figure 1.2 Application of OSHA

Application of the Law

The OSHA 1994 apply throughout Malaysia to the industries as follows (First Schedule ) :

• Manufacturing;
• Mining and Quarrying;
• Construction;
• Agriculture, Forestry and Fishing;
• Utilities such as Electricity, Gas, Water and sanitary Services;
• Transport, Storage and Communication;
• Wholesale and Retail Trades;
• Hotels and Restaurants;
• Finance, Insurance, Real Estate and Business Services
• Public Services and Statutory Authorities

Major Provisions

Both employers and employees have responsibilities and rights under the Occupational Safety
and Health Act. Employers with more than 40 employees, or those with less than 40 employees
upon the directive of Director General of OSHA, must establish a safety and health committee.

The functions of the committee are to:

✓ Review measures taken to ensure safety and health in the workplace

✓ nvestigate and resolve any matter that is not safe or is a risk to health brought up by
employees and the employer.

Interface Global Education (M) Sdn Bhd Page 6

OCCUPATIONAL SAFETY AND HEALTH

✓ Request the Director General of OSHA to conduct investigation and intervene if the
matter is not resolved.

Under OSHA, employers must record and report work-related accidents and injuries. Employer
should notify the nearest OSHA office of any accidents, dangerous occurrence, occupational
poisoning or disease that occur at their place of work.

The Act specifies the general duties and responsibilities of employers, employees and persons
responsible for designing, manufacturing and supplying work-related plants and materials.

An employer is responsible for the following:

✓ Providing and maintaining the safety of the plant and system, make sure it is without risk
to health.
✓ Ensuring safety and absence of risks to health with the use, operation, handling, storage
and transport of plant and substance.
✓ Providing information, instruction, training and supervision to ensure the safety and
health at work of his employees.
✓ Providing and maintaining the premises. Make sure that the access and exits to the
workplace are safe.
✓ Providing and maintaining a safe working environment and making sure that the facilities
for the welfare of the employees are adequate.
✓ Formulate, revise and communicate safety and health policy
✓ Providing information that may affect the safety and health of person other than their
employees.

If the employer violates any of these provisions, they will be fined not exceeding RM50, 000 or
imprisonment not exceeding 2 years, or both.

Employees also have responsibilities under OSHA. Although they cannot be cited for
violations, they must comply with the relevant safety and health standards. Every employee at

Interface Global Education (M) Sdn Bhd Page 7

OCCUPATIONAL SAFETY AND HEALTH

work is responsible to take reasonable care of the safety and health of himself and persons who
may be affected by his acts or omission at work. They should also co-operate with his employer,
they should also report all hazardous conditions, and injuries or work related illness to their
employer. Every employee at work is responsible to wear or use protective equipment or
clothing and comply with any instruction or measure on safety and health instituted by his
employer. Anyone who violates the above provisions will be fined not more than RM 1000 or
imprisonment of not more than 3 months or both.

Employee rights under OSHA include the right to file safety or health grievances and complaints
to the government, participate in OSHA inspections, and request information on safety and
health hazards without fear of discrimination or retaliation from their employer. Section 27 of
the Act stipulates that an employer or trade union cannot discriminate employees who makes or
complaint about safety and health committee, or who exercise his function as a member of safety
and health committee. If not, they will be fined not more than RM10, 000 or jail not more than 1
year or both.

The designers, manufacturers and suppliers are also duty bound to follow the requirements of
OSHA. The penalties for violating the provisions are fine not exceeding RM20, 000 or
imprisonment of not more than 2 years, or both. A person who designs, manufactures, imports
or supplies any plant at work or substances is responsible to ensure that the plant is designed and
constructed to be safe and without risks to health when properly used. Furthermore, the person
should carry out necessary testing and examination of the plant and take necessary steps to
secure and make available information in connection with the use of the plant at work.

Enforcement and Investigation

This Occupational Safety and Health Act 1994 is enforced by the Director General of
Occupational Safety and Health, which is under the Ministry of Human Resources. OSHA
officers have the power to conduct workplace inspections to make sure that organisations are
complying with OSHA standards. OSHA officers may enter, inspect and examine any place of
work with or without a search warrant. If the officer believes that a plant or substance has

Interface Global Education (M) Sdn Bhd Page 8

OCCUPATIONAL SAFETY AND HEALTH

caused or likely to cause a danger to safety and health, he may request it to be dismantled or
subjected to any test or confiscate it for further examination.

Under section 48 of the Act, it is stated that upon inspection or examination, if it is found that
the work place/substance/process pose a danger, the OSHA officer may:

✓ Issue an improvement notice requiring that the situation is rectified within a certain
period or until the danger has been removed.
✓ Issue a prohibition notice prohibiting the use or operation of the work, plant, substance or
process.

Interface Global Education (M) Sdn Bhd Page 9

 OCCUPATIONAL SAFETY AND HEALTH

CHAPTER 2

OSHA and the Reduction of Workplace Accidents

In general, statistics from Department of Labour shows that the number of accidents increased
every year from 1989 to 1992 as shown in Table 10.1 below. However, in 1995 the total number
of workplace accidents dropped almost 14 percent from 1992. Could this be attributed to
enforcement of OSHA? Government officials do claim so. The types of workplace accidents
include employees falling, being struck by falling objects, stepping on or struck by objects, and
being exposed to or in contact with electric current, extreme temperature, and harmful substance.

Table 2.1 NUMBERS OF INDUSTRIAL ACCIDENTS BY SECTOR

Sector 1989 1990 1991 1992 1995

Agriculture, Forestry & 37,644 39,365 35,619 34,033 20,465
Fishing

Mining & Quarrying 2,281 2,677 1,870 1,976 1,016

Manufacturing & 46,609 56,247 63,594 70,176 62,483

Processing

Construction 3,187 3,631 3,854 4,008 4,406

Electricity, Gas, Water & 565 873 1,115 647 542

Sanitary Service

Commerce 13,201 14,115 12,927 11,553 10,187

Transport, Storage & 2,852 3,551 3,337 3,785 4,826

Communication

Financial Institution & - 194 225 309 672

Insurance

Interface Global Education (M) Sdn Bhd Page 10

 OCCUPATIONAL SAFETY AND HEALTH

Service 3,783 569 773 1,718 3,412

Government Service - 3,126 3,968 3,840 6,125

Total 110,122 124,348 127,282 132,045 114,134

Source: Labour Department, and Social Security Organization (SOCSO)

Ministry of Human Resources

What Causes Accidents?

Unsafe Conditions and Other Work-Related Factors

Unsafe conditions are one main cause of accidents. Three Other Work-Related Accident
Factors: the job itself, the work schedule, and the psychological climate of the workplace.

What Causes Unsafe Acts (A Second Basic Cause of Accidents)

Unfortunately, there are no easy answers to the question of what causes them. The consensus is
that accident proneness is situational. Some accident repeaters are just unlucky, or may be more
meticulous about reporting. Certain traits have been identified with accident proneness.
TABLE 2.2
Total Accident Reported
per 1,000 employee

25 22 21.2

20 17.7
15.4
Accident Reported

14
15
10.5 10.1 10.7 10.7 10.3
9.7
10 7.4

0
1992 1993 1994 1995TABLE
1996 2.31997 1998 1999 2000 2001 2002 2003
Year

Interface Global Education (M) Sdn Bhd Page 11

OCCUPATIONAL SAFETY AND HEALTH

TABLE 2.3

Accident Statistics 2003

35000
Reported Accident

30000

25000

20000

15000

10000

5000

0
Mining & Quarrying

Manufacturing

Construction

Financial & Insurance

Services
Agriculture, Forrestry, Fishing

Trading
Electricity, Gas, Water,

Transportation

Public Services
Sanitary

Type of Industry

Reported Permanent Disability Death

How to Prevent Accidents

Reducing Unsafe Conditions is always an employer’s first line of defense. Safety Engineers
should design jobs to remove hazards, additionally, supervisors and managers should help
identify and remove potential hazards.

Reducing Unsafe Acts by Emphasizing Safety .

It’s the supervisor’s responsibility to set the tone so subordinates want to work safely.

Reducing Unsafe Acts Through Selection and Placement

Screening is another way to reduce unsafe acts. The basic aim is to isolate the trait that might
predict accidents on the job in question, and then screen candidates for this trait. Studies suggest
that the Employee Reliability Inventory (ERI), which measures emotional maturity,
conscientiousness, safe job performance, and courteous job performance, can help employers

Interface Global Education (M) Sdn Bhd Page 12

OCCUPATIONAL SAFETY AND HEALTH

reduce unsafe acts at work. The ADA has particular relevance for safety-related screening
decisions.

Reducing Unsafe Acts through Training

This is especially appropriate for new employees. OSHA has published two booklets: Training
Requirements under OSHA and Teaching Safety and Health in the Workplace.

Reducing Unsafe Acts through Motivation

Posters, Incentive Programs, and Positive Reinforcement – have been successful at reducing
workplace injuries.

Positive Reinforcement
Many employers stress positive reinforcement to improve safety. This segment discusses the
experience of a wholesale bakery. The firm set and communicated a reasonable goal; trained the
employees; then posted a graph with their pre-training safety record plotted and a list of safety
rules. Observers walked through collecting safety data to provide workers with feedback on
their safety performance as a form of positive reinforcement.

Use Behavior-Based Safety

This involves identifying the worker behaviors that contribute to accidents and then training
workers to avoid these behaviors.

Use Employee Participation

There are at least two reasons to get the employees involved in designing the safety program.
First, those actually doing the jobs are often management’s best source of ideas about what the
potential problems are and how to solve them. Second, it is generally easier to get employees to
accept and enthusiastically follow the safety program when they’ve had a hand in designing it.

Interface Global Education (M) Sdn Bhd Page 13

OCCUPATIONAL SAFETY AND HEALTH

Conduct Safety and Health Audits and Inspections

On all premises for possible safety and health problems, using checklists as aids. All accidents
and near misses should be investigated. A system should be in place for employees to notify
management about hazardous conditions.

Controlling Workers Compensation Costs

Controlling Worker's Compensation Costs can affect what a firm pays in worker compensation
insurance premiums.

✓ Before the Accident - Costs can be controlled before the accident by removing unsafe
conditions discussed above.
✓ After the Accident – Employers should provide first aid, and make sure the worker gets
quick medical attention; document the accident; file required accident reports; and
encourage a speedy return to work.
✓ Analyzing Claims – Claims-tracking software can help employers understand what’s
driving their workers’ compensation claims.

Interface Global Education (M) Sdn Bhd Page 14

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 15

OCCUPATIONAL SAFETY AND HEALTH

CHAPTER 3

Workplace Health Hazards: Problems and Remedies

The Basic Industrial Hygiene Program

First, the facility’s health and safety officers must recognize possible exposure hazards. The
evaluation phase involves determining how severe the hazard is. Finally, the hazard control
phase involves taking steps to eliminate or reduce the hazard so that it no longer ranks as
dangerous.

Asbestos Exposure at Work

There are four major sources of occupational respiratory diseases: asbestos, silica, lead, and
carbon dioxide. Of these, asbestos has become a major concern.

Infectious Diseases -The Case of SARS

With many employees traveling to and from international destinations, monitoring and
controlling infectious diseases like Ebola and SARS has become an important safety issue.
Obviously, employers must make provisions for ensuring that a returning employee does not
inadvertently infect one or more colleagues. Employers can take a number of steps to prevent
the entry or spread of infectious diseases like SARS into their workplaces.

Alcoholism and Substance Abuse

Alcoholism and Substance Abuse are serious and widespread problems at work because they
usually lead to declines in the quality and quantity of work.

Dealing With Substance Abuse

Various techniques can be used to deal with these problems, which start with testing, and
include: disciplining, discharge, in-house counseling, and referral to an outside agency.

Interface Global Education (M) Sdn Bhd Page 16

OCCUPATIONAL SAFETY AND HEALTH

Stress, Burnout, and Depression

Stress, Burnout, and Depression can sometimes lead to problems such as alcoholism and drug
abuse, which are problematic for the employee and employer.

A variety of external environmental factors can lead to job stress. Personal factors also influence
stress whereby no two people react to the same job in the very same way.

• Human consequences of stress include anxiety, depression, anger, and various physical
consequences.

• Organizational consequences include reductions in the quantity and quality of job

performance, increased absenteeism and turnover, increased grievances, and increased
health care costs. Stress is not necessarily dysfunctional; it can lead some people to be
more productive and/or creative.

Reducing Job Stress can range from getting more sleep and eating better to negotiating with
your boss for realistic deadlines on important projects to reducing the amount of trivia to which
you give your attention.

Sources of Stress
Regardless of its origin, stress possesses the same devastating potential. Some factors are
controllable to varying degrees, whereas others are not. The following are some major sources
of stress:

1. The family -- A frequent source of happiness and security, the family can also serve as a
significant stressor.
2. Financial problems -- Problems with finances may create an unbearable strain.
3. Living conditions -- Stress levels may be higher for people who live in densely populated
areas.
4. Corporate Culture -- Corporate culture has a lot to do with stress. The CEO's leadership
style sets the tone.

Interface Global Education (M) Sdn Bhd Page 17

OCCUPATIONAL SAFETY AND HEALTH

5. Role ambiguity -- Role ambiguity exists when employees lack clear information about
the content of their jobs.
6. Role conflict. Role conflict occurs when an individual is placed in the position ofseeking
opposing goals.
7. Job overload. When employees are given more work than they can possibly handle,
they become victims of job overload.
8. Working conditions. The physical characteristics of the workplace, including the
machines and tools used, can create stress.
9. Managerial Work. The nature of managerial work may itself be a source of stress.

The three-step stress-reduction technique involves:

• developing awareness
• adjusting attitudes;
• taking action.

The HR department can take a positive role in reducing stress.

Burnout is the total depletion of physical and mental resources caused by excessive striving to
reach an unrealistic work-related goal.

Some suggestions for alleviating burnout include: breaking your patterns; getting away from it
all periodically; reassessing your goals in terms of their intrinsic worth; and think about your
work.

Computer-Related Health Problems

Short-term eye problems (like burning, itching, tearing, eyestrain, and eye soreness), backaches,
and neck-aches are common complaints among video display operators. The National Institute
for Occupational Safety and Health (NIOSH) has several recommendations for reducing these
problems.

Interface Global Education (M) Sdn Bhd Page 18

OCCUPATIONAL SAFETY AND HEALTH

Workplace Smoking
The Nature of the Problem is serious for employees and employers. Smokers have significantly
greater risk of occupational accidents and higher absenteeism rates than nonsmokers. They
increase the cost of health and fire insurance.

Violence at Work
Violence against employees has become an enormous problem at work, including homicide and
robbery.

Steps to Reduce Workplace Violence

Heightened Security Measures

This include improve external lighting use drop safes to minimize cash on hand, and post signs
noting that only a limited amount of cash is on hand; install silent alarms and surveillance
cameras; increase the number of staff on duty; provide staff training in conflict resolution and
nonviolent response; close establishments during high-risk hours late at night and early in the
morning; and issue weapons policy.

Improved Employee Screening

Improved Employee Screening of potentially explosive employees and applicants by instituting a
rigorous pre-employment investigation is a line of defense.

Workplace Violence Training should supplement enhanced security and screening.

Organizational Justice
A related step is to create a workplace culture emphasizing mutual respect, justice, and civility.
Of course, this is easier said than done. In general, management should emphasize by word and
deed that it believes deeply in and demands civility.

Interface Global Education (M) Sdn Bhd Page 19

OCCUPATIONAL SAFETY AND HEALTH

Enhanced Attention to Employee Retention/Dismissal

This is to reduce the potential liability of retaining employees who subsequently commit violent
acts.

Dismissing Violent Employees

Use caution when firing or disciplining potentially violent employees. Analyze anticipate their
behavior. Have a security guard or a violence expert present when the dismissal takes place.

Dealing with Angry Employees

includes: making eye contact; stopping what your are doing and giving you full attention;
speaking in a calm voice and creating a relaxed environment; being open and honest; letting the
person have his/her say; asking for specific examples of what the person is upset about; being
careful to define the problem; asking open-ended questions and exploring all sides of the issue;
and listening.

Legal Constraints on Reducing Workplace Violence

Most states have policies that encourage the employment and rehabilitation of ex-offenders, thus
limiting the use of criminal records in hiring decisions.

Interface Global Education (M) Sdn Bhd Page 20

OCCUPATIONAL SAFETY AND HEALTH

CHAPTER 4

SAFETY PROGRAMS

Although many businesses had elaborate safety programs years before OSHA was passed, a
large number of firms didn't establish formal safety programs until it was enacted.

The Focus of Safety Programs

Safety programs may be designed to accomplish their purposes in two primary ways.

The first approach is to create a psychological environment and attitudes that promote safety. A
strong company policy emphasizing safety and health is crucial.

The second approach to safety program design is to develop and maintain a safe physical
working environment. It is in this area that OSHA has had its greatest influence.

Developing Safety Programs

Organizational safety programs require planning for prevention of workplace accidents. Plans
may be relatively simple, or more complex and highly sophisticated in order to fit the
organization's size. Top management's support is essential if safety programs are to be
effective. Tremendous economic losses can result from accidents.

Accident Investigation

Accidents can happen even in the most safety-conscious firms. Each accident, whether or not
it results in an injury, should be carefully evaluated to determine its cause and to ensure that it
doesn't recur. The safety engineer and the line manager jointly investigate accidents-why, how,
and where they occur, and who is involved.

Interface Global Education (M) Sdn Bhd Page 21

OCCUPATIONAL SAFETY AND HEALTH

Evaluation of Safety Programs

An indicator that a safety program is succeeding is a reduction in the number and severity of
accidents. The frequency rate is expressed by a formula that yields the number of lost-time
accidents per million person-hours worked. The severity rate indicates the number of days lost
because of accidents per million person-hours worked. Proper evaluation of a program depends
on the accurate reporting and recording of data.

Safety and Health Trends

Firms are spending an increasing amount of money on safety. Reasons include:

✓ Profitability – Employees can only produce while they are on the job.
✓ Employee relations – Firms with good safety records can attract and retain good
employees.
✓ Reduced liability – An effective safety program can reduce corporate and executive
liability. Marketing – A good safety record may well provide companies with a
competitive edge.
✓ Productivity – An effective safety program may boost morale and productivity while
simultaneously reducing rising costs.

One trend is the increased use of ergonomics. Ergonomics is the study of human interaction with
tasks, equipment, tools and the physical environment. OSHA has increased its budget and staff
to concentrate on ergonomic issues, with standards being established for all industries.

Interface Global Education (M) Sdn Bhd Page 22

OCCUPATIONAL SAFETY AND HEALTH

CHAPTER 5
PART 2

OCCUPATIONAL SAFETY AND HEALTH ACT (1994)

SALIENT FEATURE OF THE ACT (13 Parts)

• Part 1: Preliminary
• Part II: Appointment of Officers
• Part III: National Council for Occupational Safety and Health
• Part IV: General Duties of Employers and Self Employed Persons
• Part V: General Duties of Designers, Manufacturers and Suppliers
• Part VI: General Duties of Employees
• Part VII: Safety & Health Organizations
• Part VIII: Notification of Accidents, Dangerous Occurrence,
Occupational Poisoning and Occupational Diseases, and Inquiry
• Part IX: Prohibition against use of Plant or Substance
• Part X: Industry Code of Practice
• Part XII: Liability for Offences
• Part XIII: Appeals
• Part XIV: Regulations

Interface Global Education (M) Sdn Bhd Page 23

OCCUPATIONAL SAFETY AND HEALTH

PART 1: PRELIMINARY

Interpretation

Contract of service - any agreement, whether one person agrees to employ another as an
employee and that other agrees to serve his employer as an employee and includes an
apprenticeship contract;

Council - the National Council for Occupational Safety and Health established;

Employee - a person who is employed for wages under a contract of service on or in connection
with the work of an industry to which this Act applies and :-

▪ who is directly employed by the principal employer on any work of the industry, whether
done by the employee at the place of work or else where; or
▪ who is employed by or through an immediate employer at the place of work of the
industry or under the supervision of the principal employer or his agent on work which is
ordinarily part of the work; or
▪ whose services are temporarily lent or let on hire to the principal employer by the person
with whom the person whose services are so lent or let on hire has entered into a contract
of service;

Employer - the immediate employer or the principal employer or both;

Government - the Federal Government, the Government of a State or a local government;

Immediate employer - a person who has undertaken the execution at the place of work where
the principal employer is carrying on his trade, business, profession, vocation, occupation or
calling, and includes a person by whom the services of an employee who has entered into a
contract of service with him are temporarily lent or let on hire to the principal employer;

Industry - the public services, statutory authorities or any of the economic activities listed in the
First Schedule;

Interface Global Education (M) Sdn Bhd Page 24

OCCUPATIONAL SAFETY AND HEALTH

Occupier - a person who has the management or control of the place or work;

Officer - the occupational safety and health officer appointed under sub-section 5(2) and
includes the Director General, Deputy Director General, Directors, Deputy Directors and
Assistant Directors of Occupational Safety and Health;

Place of work - premises where persons work or premises used for the storage of plant or
substance;

Plant - includes any machinery, equipment, appliance, implement or tool, any component
thereof and anything fitted, connected or appurtenant thereto;

Practicable - practicable having regard to :-

• the severity of the hazard or risk in question;

• the state of knowledge about the hazard or risk and any way of removing or mitigating
the hazard or risk;
• the availability and suitability of ways to remove or mitigate the hazard or risk; and
• the cost of removing or mitigating the hazard or risk;

Premises include :-

• any land, building or part of any building;

• any vehicle, vessel or aircraft;
• any installation on land, offshore installation or other installation whether on the bed of
or floating on any water; and
• any tent or movable structure;

Prescribe - prescribed by this Act or the regulations;

Principal employer - the owner or the person with whom an employee has entered into a
contract of service and includes :-

Interface Global Education (M) Sdn Bhd Page 25

OCCUPATIONAL SAFETY AND HEALTH

• a manager, agent or person responsible for the payment of salary or wages to an

employee;
• the occupier of a place of work;
• the legal representative of a deceased owner or occupier; and
• any government in Malaysia, department of any such government, local authority or
statutory body;

Self-employed person - an individual who works for gain or reward otherwise than under a
contract of employment, whether or not he himself employs others;

Substance - any natural or artificial substance, whether in solid or liquid form or in the form of a
gas or vapour or any combination thereof;

Substance for use at work - any substance intended or supplied for use, whether exclusively or
not, by persons at work;

Supply - the supply by way of sale, exchange, lease hire or hire-purchase, whether as principal
or agent for another;

Trade union - any association or combination of workmen or employers within the meaning of
the Trade Unions Act 1959.

THE OBJECTS OF THIS ACT ARE

(a) to secure the safety, health and welfare of persons at work against risks to safety or health
arising out of the activities of persons at work;
(b) to protect person at a place of work other than persons at work against risks to safety or
(c) health arising out of the activities of persons at work;
(d) to promote an occupational environment for persons at work which is adapted to their
physiological and psychological needs;
(e) to provide the means whereby the associated occupational safety and health legislations
may be progressively replaced by a system of regulations and approved industry codes of

Interface Global Education (M) Sdn Bhd Page 26

OCCUPATIONAL SAFETY AND HEALTH

practice operating in combination with the provisions of this Act designed to maintain or
improve the standards of safety and health

Interface Global Education (M) Sdn Bhd Page 27

OCCUPATIONAL SAFETY AND HEALTH

PART II: APPOINTMENT OF OFFICERS

APPOINTMENT OF OFFICERS

The Minister shall appoint a public officer to be the Director General of Occupational Safety and
Health, in this Act referred to as the "Director General", for the purpose of exercising the powers,
performing the functions and discharging the duties assigned to him under this Act.

The Minister may appoint, from among public officers, such numbers of Deputy Directors
General, Directors, Deputy Directors, Assistant Directors and other occupational safety and
health officers as may be necessary for the purposes of this Act.

If for any reason the Director General is unable to exercise the powers or discharge the duties of
his office, the power shall be had and may be exercised and the duties shall be discharged by the
Deputy Director General.

Subject to such limitations as may be prescribed by regulations made under Part XIV of this Act,
an officer appointed under subsection (2) shall perform all the duties imposed, and may exercise
all the powers conferred, upon the Director General under this Act, and every duty so performed
and power so exercised shall be deemed to have been duly performed and exercised for the
purposes of this Act.

Appointment of independent inspecting body

The Director General may, as he deems fit, appoint a person or an independent inspecting body
from any of the industries to advise or assist him in carrying out the objects and purposes of this
Act.

A person or an independent inspecting body appointed under subsection (1) shall be paid such
allowance, fee or reimbursement as the Minister may determine. An officer appointed under
subsection 5(2) and a person or an independent inspecting body appointed under subsection (1),
shall be subject to the control, direction and supervision of the Director General.The Director
General and all officers appointed under subsection 5(2), and a person or an independent

Interface Global Education (M) Sdn Bhd Page 28

OCCUPATIONAL SAFETY AND HEALTH

inspecting body appointed under subsection (1), shall be deemed to be public servants within the
meaning of the Penal Code.

Certificate of authorization

The Director General shall issue to every officer appointed under this Act a certificate of
authorization which shall be produced on demand to the occupier or any person in charge of a
place of work which the officer intends to enter pursuant to this Act.In the case of the Director
General, his certificate of authorization shall be issued by the Minister.

Interface Global Education (M) Sdn Bhd Page 29

OCCUPATIONAL SAFETY AND HEALTH

PART III: NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND

HEALTH

NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH

Establishment of the Council

There shall be established a council called the "National Council for Occupational Safety and
Health".

Membership of the Council

The Council shall consist of not less than twelve and Council not more than fifteen members
who shall be appointed by the Minister, of whom

(a) three persons shall be from organizations representing employers;

(b) three persons shall be from organizations representing employees;

(c) three or more persons shall be from Ministries or Departments whose responsibility is related
to occupational safety and health; and

(d) three or more persons, or whom at least one shall be a woman, shall be from organizations or
professional bodies the activities of whose members are related to occupational safety and health
and who, in the opinion of the Minister, are able to contribute to the work of the Council.

The Minister shall appoint from among the persons mentioned in subsection (1) a Chairman and
a Deputy Chairman of the Council.The provisions of the Second Schedule shall apply to the
members of the Council.

Interface Global Education (M) Sdn Bhd Page 30

OCCUPATIONAL SAFETY AND HEALTH

Powers and functions of the Council

The council shall have power to do all things expedient or reasonably necessary for or incidental
to the carrying out of the objects of this Act. The Council may, and when requested by the
Minister to do so shall, carry out investigations and make reports and recommendations to him
with regard to any matter relating to the objects of this Act and, in particular, but without
prejudice to the generality of the foregoing provisions, with regard to

(a) changes it considers desirable to occupational safety and health legislation;

(b) the improvement of the administration and enforcement of occupational safety and health
legislation;

(c) the fostering of a co-operative consultative relationship between management and labour on
the safety, health and welfare of persons at work;

(d) the special problems with respect to occupational safety, health and welfare of women,
handicapped persons and other groups in the community;

(e) the establishment of adequate methods of control of industrial chemicals at a place of work;

(f) the statistical analysis of occupationally related deaths and injuries;

(g) the provision of health care facilities at a place of work;

(h) the fostering of the development and adoption by law of industry codes of practice related to
occupational safety, health and welfare;

(i) the development of rehabilitation plans and facilities to assist persons injured at a place of
work.

Interface Global Education (M) Sdn Bhd Page 31

OCCUPATIONAL SAFETY AND HEALTH

Appointment of secretary to the Council.

The Minister shall appoint a public officer from the office of the Director General to be the
secretary to the Council.The Council may, with the approval of the Minister, arrange for the use
of the services of any staff or facility of the office of the Director General.

Committees

The Council may

(a) establish committees in respect of different industries for the purpose of assisting the Council
to perform its functions in relation to industry codes of practice; and

(b) establish such other committees as it thinks fit for the purpose of assisting the Council to
perform its other functions.

A committee shall consist of such number of persons as may be appointed by the Council from
among its members. Notwithstanding the provision of subsection (2), the Council may invite any
person or a representative of any organization to advise a committee established under
subsection (1) in the carrying out of its functions.A person appointed under subsection (2) or
invited to be a member of a committee under subsection (3) may be paid such allowance as may
be determined by the Council with the approval of the Minister.

Annual report.

The Council shall, as soon as practicable, after the 30th June but before the 31st December of
each year, prepare and forward to the Minister a report of its activities for a period of twelve
months ending on the 30th June of each year.

Interface Global Education (M) Sdn Bhd Page 32

OCCUPATIONAL SAFETY AND HEALTH

PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF EMPLOYED PERSONS

GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS

It shall be the duty of every employer and every self-employed person to ensure, so far as is
practicable, the safety, health and welfare at work of all his employees. Without prejudice to the
generality of subsection (1), the matters to which the duty extends include in particular

(a) the provision and maintenance of plant and systems of work that are, so far as is practicable,
safe and without risks to health;

(b) the making of arrangements for ensuring, so far as is practicable, safety and absence of risks
to health in connection with the use or operation, handling, storage and transport of plant and
substances;

(c) the provision of such information, instruction, training and supervision as is necessary to
ensure, so far as is practicable, the safety and health at work of his employees;

(d) so far as is practicable, as regards and place of work under the control of the employer or
self-employed person, the maintenance of it in a condition that is safe and without risks to health
and the provision and maintenance of the means of access to and egress from it that are safe and
without such risks;

(e) the provision and maintenance of a working environment for his employees that is, so far as
is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at
work.

For the purposes of subsections (1) and (2)

(a) "employee" includes an independent contractor engaged by an employer or a self-employed

person and any employee of the independent contractor; and

Interface Global Education (M) Sdn Bhd Page 33

OCCUPATIONAL SAFETY AND HEALTH

(b) the duties of an employer or a self-employed person under subsections (1) and (2) extend to
such an independent contractor and the independent contractor's employees in relation to matters
over which the employer or self-employed person

(i) has control; or

(ii) would have had control but for any agreement between the employer or self-employed person
and the independent contract or to the contrary.

Duty of formulate safety and health policy.

Except in such cases as may be prescribed, it shall be the duty of every employer and every self-
employed person to prepare and as often as may be appropriate revise a written statement of his
general policy with respect to the safety and health at work of his employees and the
organization and arrangements for the time being in force for carrying out that policy, and to
bring the statement and any revision of it to the notice of all of his employees.

General duties of employers and self-employed persons to persons other than their
employees

It shall be the duty of every employer and every self-employed person to conduct his undertaking
in such a manner as to ensure, so far as is practicable, that he and other persons, not being his
employees, who may be affected thereby are not thereby exposed to risks to their safety or
health. It shall be the duty of every employer and every self-employed person, in the prescribed
circumstances and in the prescribed manner, to give to persons, not being his employees, who
may be affected by the manner which he conducts his undertaking, the prescribed information on
such aspects of the manner in which he conducts his undertaking as might affect their safety or
health.

Duties of an occupier of a place of work to persons other than his employees

An occupier of non-domestic premises which has been made available to persons, not being his
employees, as a place of work, or as a place where they may use a plant or substance provided
for their use there, shall take such measures as are practicable to ensure that the premises, all

Interface Global Education (M) Sdn Bhd Page 34

OCCUPATIONAL SAFETY AND HEALTH

means of access thereto and egress therefrom available for use by persons using the premises,
and any plant or substance in the premises or provided for use there, is or are safe and without
risks to health.

A person who has, by virtue of a contract or lease or otherwise, an obligation of any extent in
relation to

(a) the maintenance or repair of a place of work or any means of access thereto or egress
therefrom; or

(b) the prevention of risks to safety and health that may arise from the use of any plant or
substance in the place of work, shall for the purpose of subsection (1) be deemed to have control
of the matters to which his obligation extends.

Penalty for an offence under section 15, 16, 17 or 18

A person who contravenes the provisions of section 15, 16, 17 or 18 shall be guilty of an offence
and shall on conviction, be liable to a fine not exceeding fifty thousand ringgit or to
imprisonment for a term not exceeding two years or to both.

Interface Global Education (M) Sdn Bhd Page 35

OCCUPATIONAL SAFETY AND HEALTH

PART V: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND

SUPPLIERS

GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

It shall be the duty of a person who designs, manufactures, imports or supplies any plant for use
at work

(a) to ensure, so far as is practicable, that the plant is so designed and constructed as to be safe
and without risks to health when properly used;

(b) to carry out or arrange for the carrying out of such testing and examination as may be
necessary for the performance of the duty imposed on him by paragraph (a); and

(c) to take such steps as are necessary to secure that there will be available in connection with the
use of the plant at work adequate information about the use for which it is designed and has been
tested, and about any condition necessary to ensure that, when put to that use, it will be safe and
without risks to health.

It shall be the duty of a person who undertakes the design or manufacture of any plant for use at
work to carry out or arrange for the carrying out of any necessary research with a view to the
discovery and, so far as is practicable, the elimination or minimization of any risk to safety or
health to which the design or plant may give rise. It shall be the duty of a person who erects or
installs any plant for use by persons at work to ensure, so far as is practicable, that nothing about
the way in which it is erected or installed makes it unsafe or a risk to health when properly used.

General duties of manufacturers, etc. as regards substances for use at work

It shall be the duty of a person who formulates, manufactures, imports or supplies any substance
for use at work

(a) to ensure, so far as is practicable, that the substance is safe and without risks to health when
properly used;

Interface Global Education (M) Sdn Bhd Page 36

OCCUPATIONAL SAFETY AND HEALTH

(b) to carry out or arrange for the carrying out of such testing and examination as may be
necessary for the performance of the duty imposed on him by paragraph (a); and

(c) to take such steps as are necessary to ensure that there will be available in connection with the
use of the substance at work adequate information about the results of any relevant test which
has been carried out on or in connection with the substance and about any condition necessary to
ensure that it will be safe and without risks to health when properly used.

It shall be the duty of a person which undertakes the manufacture or supply of any substance for
use at work to carry out or arrange for the carrying out of any necessary research with a view to
the discovery and, so far as is practicable, the elimination or minimization of any risk to safety or
health to which the substance may give rise.

Nothing in section 20 and 21 shall be taken to require a person to repeat any testing, examination
or research which has been carried out otherwise than by him or at his instance, in so far as it is
reasonable for him to rely on the results thereof for the purposes of the section. Any duty
imposed on a person by any of the preceding provisions of this Part shall extend only to things
done in the course of a trade, business or other undertaking carried on by him, whether for profit
or not, and to matters within his control.

Where a person designs, formulates, manufactures, imports or supplies any plant or substance for
or to another on the basis of a written undertaking by that other to take specified steps sufficient
to ensure, so far as is practicable, that the plant or substance will be safe and without risks to
health when properly used, the undertaking shall have the effect of relieving the first-mentioned
person from the duty imposed by paragraphs 20 (1)(a) and 21(1)(a) to such extent as is
reasonable having regard to the terms of the undertaking.

Where a person (hereinafter referred to as the "ostensible supplier") supplies any plant or
substance for use at work to another (hereinafter referred to as the "customer") under a hire-
purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible
supplier

Interface Global Education (M) Sdn Bhd Page 37

OCCUPATIONAL SAFETY AND HEALTH

(a) carries on the business of financing the acquisition of goods by others by means of such
agreements; and

(b) in the course of that business acquired his interest in the plant or substance supplied to the
customer as a means of financing its acquisition by the customer from a third person (hereinafter
referred to as the "effective supplier"),

the effective supplier and not the ostensible supplier shall be treated for the purposes of this Part
as supplying the plant or substance to the customer, and any duty imposed by sections 20 and 21
on suppliers shall accordingly fall on the effective supplier and not on the ostensible supplier.

For the purposes of this Part a plant or substance is not to be regarded as properly used where it
is used without regard to any relevant information or advice relating to its use which has been
made available by a person by whom it was designed, manufactured, imported or supplied.

Penalty for an offence under section 20 or 21

A person who contravenes the provisions of section 20 or 21 shall be guilty of an offence and
shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment
for a term not exceeding two years or to both.

Interface Global Education (M) Sdn Bhd Page 38

OCCUPATIONAL SAFETY AND HEALTH

PART VI: GENERAL DUTIES OF EMPLOYEES

GENERAL DUTIES OF EMPLOYEES

It shall be the duty of every employee while at work

(a) to take reasonable care for the safety and health of himself and of other persons who may be
affected by his acts or omissions at work;

(b) to co-operate with his employer or any other person in the discharge of any duty or
requirement imposed on the employer or that other person by this Act or any regulation made
thereunder;

(c) to wear or use at all times any protective equipment or clothing provided by the employer for
the purpose of preventing risks to his safety and health; and

(d) to comply with any instruction or measure on occupational safety and health instituted by his
employer or any other person by or under this Act or any regulation made thereunder.

A person who contravenes the provisions of this section shall be guilty of an offence and shall,
on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a
term not exceeding three months or to both.

Duty not to interfere with or misuse things provided pursuant to certain provisions.

A person who intentionally, recklessly or negligently interferes with or misuses anything

provided or done in the interests of safety, health and welfare in pursuance of this Act shall be
guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand
ringgit or to imprisonment for a term not exceeding two years or to both.

Duty not to charge employees for things done or provided

No employer shall levy or permit to be levied on any employee of his any charge in respect of
anything done or provided in pursuance of this Act or any regulation made thereunder.

Interface Global Education (M) Sdn Bhd Page 39

OCCUPATIONAL SAFETY AND HEALTH

Discrimination against employee, etc

No employer shall dismiss an employee, injure him in his employment, or alter his position to his
detriment by reason only that the employee

(a) makes a complaint about a matter which he considers is not safe or is a risk to health;

(b) is a member of a safety and health committee established pursuant to this Act; or

(c) exercises any of his functions as a member of the safety and health committee.

No trade union shall take any action on any of its members who, being an employee at a place of
work

(a) makes a complaint about a matter which he considers is not safe or is a risk to health;

(b) is a member of a safety and health committee established pursuant to this Act; or

(c) exercises any of his functions as a member of the safety and health committee.

An employer who, or a trade union which, contravenes the provisions of this section shall be
guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to a term of imprisonment not exceeding one year or to both.

Notwithstanding any written law to the contrary, where a person is convicted of an offence under
this section the Court may, in addition to imposing a penalty on the offender, make one or both
of the following orders:

(a) an order that the offender pays within a specific period to the person against whom the
offender has discriminated such damages as it thinks fit to compensate that person;

(b) an order that the employee be reinstated or reemployed in his former position or, where that
position is not available, in a similar position.

Interface Global Education (M) Sdn Bhd Page 40

OCCUPATIONAL SAFETY AND HEALTH

PART VII: SAFETY & HEALTH ORGANIZATIONS

SAFETY AND HEALTH ORGANIZATIONS

Medical surveillance.

Where it appears to the Minister that in any of the industries or class or description of industries

(a) cases of illness have occurred which he has reason to believe may be due to the nature of the
process or other conditions of work;

(b) by reason of changes in any process or in the substances used in any process or, by reason of
the introduction of any new process or new substance for use in a process, there may be risk of
injury to the health of persons employed in the process;

(c) persons below the age of sixteen years are or are about to be employed in work which may
cause risk of injury to their health; or

(d) there may be risk of injury to the health of persons employed in any of the occupations
specified in the Third Schedule, or from any substance or material brought to the industries to be
used or handled therein or from any change in the conditions in the industries,

He may make regulations requiring such reasonable arrangements as may be specified in the
regulations to be made for the medical surveillance and medical examination, not including
medical treatment of a preventive character, of the persons or any class of persons employed in
the industries or class or description of industries.

Regulations made under this section may require the medical surveillance to be carried out by
persons registered with the Director General, and may prescribe the qualifications and other
conditions which are to be satisfied in order to be registered for the purpose of this section.

A person who contravenes the provisions of this section or any regulation made thereunder shall
be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand
ringgit or to imprisonment for a term not exceeding six months or to both.

Interface Global Education (M) Sdn Bhd Page 41

OCCUPATIONAL SAFETY AND HEALTH

Safety and health officer

This section shall apply to such class or description of industries as the Minister may, by order
published in the Gazette, specify. An occupier of a place of work to which this section applies
shall employ a competent person to act as a safety and health officer at the place of work. The
safety and health officer shall be employed exclusively for the purpose of ensuring the due
observance at the place of work of the provisions of this Act and any regulation made thereunder
and the promotion of a safe conduct of work at the place of work.

The safety and health officer shall possess such qualifications or have received such training as
the Minister may, by notification in the Gazette, from time to time prescribe.An occupier who
contravenes the provisions of this section shall be guilty of an offence and shall, on conviction,
be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding
six months or to both.

Establishment of safety and health committee at place of work

Every employer shall establish a safety and health committee at the place of work accordance
with this section if

(a) there are forty or more persons employed at the place of work; or

(b) the Director General directs the establishment of such a committee at the place of work.

The composition of a safety and health committee established under subsection (1), the election
or appointment of persons to the committee, the powers of the members of the committee, and
any other matter relating to the establishment or procedure of the committee shall be as
prescribed .

Every employer shall consult the safety and health committee with a view to the making and
maintenance of arrangements which will enable him and his employees to co-operate effectively
in promoting and developing measures to ensure the safety and health at the place of work of the
employees, and in checking the effectiveness of such measures.

Interface Global Education (M) Sdn Bhd Page 42

OCCUPATIONAL SAFETY AND HEALTH

A person who contravenes the provisions of this section shall be guilty of an offence and shall,
on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a
term not exceeding six months or to both.

Functions of safety and health committee

The safety and health committee established at a place of work pursuant to section 30

(a) shall keep under review the measures taken to ensure the safety and health of persons at the
place of work;

(b) shall investigate any matter at the place of work

(i) which a member of the committee or a person employed thereat considers is not safe or is a
risk to health; and

(ii) which has been brought to the attention of the employer;

(c) shall attempt to resolve any matter referred to in paragraph (b) and, if it is unable to do so,
shall request the Director General to undertake an inspection of the place of work for that
purpose; and

(d) shall have such other functions as may be prescribed.

Interface Global Education (M) Sdn Bhd Page 43

OCCUPATIONAL SAFETY AND HEALTH

PART VIII:

NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE,

OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND
INQUIRY

NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL

POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY

An employer shall notify the nearest occupational safety and health office of any accident,
dangerous occurrence, occupational poisoning or occupational disease which has occurred or is
likely to occur at the place of work. Every registered medical practitioner or medical officer
attending to, or called in to visit, a patient whom he believes to be suffering from any of the
diseases listed in the Third Schedule of the Factories and Machinery Act 1967, or any disease
named in any regulation or order made by the Minister under this Act, or occupational poisoning
shall report the matter to the Director General.

Director General may direct inquiry to be held.

• If in the opinion of the Director General, an inquiry ought to be held into the nature and
cause of the accident, dangerous occurrence, occupational poisoning or occupational
disease, he may cause such an inquiry to be held by an occupational safety and health
officer.
• The Director General may appoint one or more persons of engineering, medical or other
appropriate skills or expertise to serve as assessors in any such inquiry.
• Every person not being a public officer serving as an assessor in the inquiry may be paid
an allowance at such rate or rates as the Minister may determine.

Interface Global Education (M) Sdn Bhd Page 44

OCCUPATIONAL SAFETY AND HEALTH

Power of occupational safety and health officer at inquiry.

For the purpose of holding an inquiry under this Act, an occupational safety and health officer
shall have the power to administer oaths and affirmations, and shall be vested with the powers of
a First Class Magistrate for compelling the attendance of witnesses and the production of
documents, maintaining order and otherwise duly conducting the inquiry, and all persons
summoned to attend the inquiry shall be legally bound to attend.

Interface Global Education (M) Sdn Bhd Page 45

OCCUPATIONAL SAFETY AND HEALTH

PART IX: PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

Notwithstanding any written law to the contrary, the Director General may by order published in
the Gazette prohibit the use of any plant or substance which in his opinion is likely to affect the
safety and health of persons and work.Where the Director General proposes to exercise his
power under subsection (1) he shall, before making the order, consult any Government
department or other body which appears to him to be appropriate.

Aggrieved person may appeal.

A person who is aggrieved by an order made under subsection 35(1) may, within thirty days of
the order, lodge an appeal with the secretary to the Council who shall transmit the appeal to an
appeal committee appointed by the Minister under section 63.

Interface Global Education (M) Sdn Bhd Page 46

OCCUPATIONAL SAFETY AND HEALTH

PART X: INDUSTRY CODE OF PRACTICE

INDUSTRY CODES OF PRACTICE

The Minister may, upon the recommendation of the Council or the Director General, approve
industry codes of practice comprising such directions as may appear to him to be necessary or
proper for the guidance of persons in complying with the requirements of the provisions of this
Act.

The Minister may, upon the recommendation of the Council or the Director General, from time
to time revise the industry codes of practice by amending, deleting, varying or adding to the
provision of the industry codes of practice.

An industry code of practice may

(a) consist of any code, standard, rule, specification or provision relating to occupational safety
or health approved by the Minister; or

(b) apply, incorporate or refer to any document formulated or published by any body or authority
as in force at the time the industry code of practice is approved or as amended, formulated or
published from time to time.

(4) The Minister shall cause to be published in the Gazette the approval of an industry code of
practice and the amendment or revocation thereof.

Use of industry codes of practice in proceedings

In any proceedings under this Act or any regulation made thereunder in which it is alleged that a
person has contravened or failed to comply with a provision of the Act or any regulation made
thereunder in relation to which an approved industry code of practice was in effect at the time of
the alleged contravention or failure

(a) the approved industry code of practice shall be admissible in evidence in the proceedings; and

Interface Global Education (M) Sdn Bhd Page 47

OCCUPATIONAL SAFETY AND HEALTH

(b) if the court is satisfied in relation to any matter which it is necessary for the prosecution to
prove in order to establish the alleged contravention or failure that

(i) a provision of the approved industry code of practice is relevant to the matter; and

The person failed at any material time to observe the provision of the approved industry code of
practice, the matter shall be taken as proved unless the court is satisfied that in respect of the
matter the person complied with a provision of the Act otherwise than by way of observance of
the provision of the approved industry code of practice.

ENFORCEMENT AND INVESTIGATION

Powers of entry, inspection, examination, seizure, etc

An occupational safety and health officer, in this Part referred to as the "officer", may, for the
purpose of carrying out the objects of this Act or any regulation made thereunder, at any
reasonable time and upon the production of his certificate of authorization enter, inspect and
examine any place of work other than a place used solely for residential purposes; Provided that
he may enter the residential place with the consent of the owner or if he has reasonable cause to
believe that a contravention of this Act or any regulation made thereunder has or is likely to be
committed.

In exercising his powers under subsection (1), an officer may

(a) make examination and investigation of any plant, substance, article or other thing whatsoever
as may be necessary to ascertain whether or not this Act or any regulation made thereunder has
been complied with;

(b) direct that the place of work or any part thereof, or anything therein, shall be left undisturbed,
whether generally or in particular respects, for so long as is reasonably necessary for the purpose
of any examination or investigation under paragraph (a);

(c) take such measurements and photographs and make such recordings as he considers
necessary for the purpose of any examination or investigation under paragraph (a);

Interface Global Education (M) Sdn Bhd Page 48

OCCUPATIONAL SAFETY AND HEALTH

(d) take samples of any article or substance found in the place of work which he has power to
enter, and of the atmosphere in or in the vicinity of the place of work;

(e) require any person employed in a place of work in which any of the diseases named in the
Third Schedule of the Factories and Machinery Act 1967 or any disease named in any regulation
or order made by the Minister under this Act has occurred or is likely to occur, to be medically
examined by a medical officer or a registered medical practitioner.

Where an officer is of the opinion that a plant or substance has caused or is likely to cause a
danger to safety and health, he may

(a) cause it to be dismantled or subjected to any process or test at any convenient place and at
such reasonable time as he may appoint, but not so as to damage or destroy it:

(b) take possession of it and detain it for so long as is necessary for all or any of the following
purposes;

(i) to examine it and do to it anything which he has power to do;

(ii) to ensure that it is not tampered with before his examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under any
of the provisions of this Act or regulation made thereunder.

Where an officer is a medical officer he may

(a) carry out such medical examination as may be necessary for the purposes of his duties under
this Act or regulation made thereunder; and

(b) exercise such other powers as may be necessary or are conferred under subsections (2) and
(3).

An officer may for the purposes of this section seek whenever necessary the assistance of the
police if he has reasonable cause to apprehend any serious obstruction in the execution of his
duty.

Interface Global Education (M) Sdn Bhd Page 49

OCCUPATIONAL SAFETY AND HEALTH

Without prejudice to subsection (5), on entering any place of work or residential place by virtue
of subsection (1), an officer may bring with him

(a) any other person duly authorized by the Director General; or

(b) any equipment or material required for any purpose for which the power of entry is being
exercised.

Entry into premises with search warrant and power of seizure

In every case where information is given on oath to a Magistrate that there is reasonable cause
for suspecting that there is in a place of work or residential place any article, thing, book,
document, plant, substance, installation or part thereof which has been used to commit or is
intended to be used to commit an offence under this Act or any regulation made thereunder, he
shall issue a warrant under his hand by virtue of which an officer named or referred to in the
warrant may enter the place of work or residential place at any reasonable time by day or night,
and search for and seize or seal the article, thing, book, document, plant, substance, installation
or part thereof.

Entry into premises without search warrant and power of seizure

Where an officer is satisfied upon information received that he has reasonable grounds for
believing that, by reason of delay in obtaining a search warrant, any article, thing, book,
document, plants, substance, installation or part thereof in a place of work or residential place
used to commit or intended to be used to commit an offence under this Act or any regulation
made thereunder is likely to be removed or destroyed, he may enter the place of work or
residential place without a warrant and seize or seal the article, thing, book, document, plant,
substance, installation or part thereof found therein:

Provided that it shall be an offence for a person without lawful authority to break, tamper with or
damage the seal or remove the article, thing, book, document, plant, substance, installation or
part thereof or to attempt so to do.

Interface Global Education (M) Sdn Bhd Page 50

OCCUPATIONAL SAFETY AND HEALTH

Power of forceful entry and service on occupier of signed copy of list of things seized from
premises.

An officer may, in the exercise of his powers under section 40 or 41, if it is necessary so to do

(a) break open any outer or inner door of a place of work or residential place and enter thereinto;

(b) forcibly enter the place and every part thereof;

(c) remove by force any obstruction to entry, search, seizure and removal as he is empowered to
effect; and

(d) detain every person found in the place until the place has been searched.

The officer seizing any article, thing, book, document, plant, substance, installation or part
thereof under section 40 or 41 shall prepare a list of the things seized and forthwith, or as soon as
is practicable, deliver a copy of the list signed by him to the occupier, or his agent or servant
present in the premises, and if the premises are unoccupied the officer shall, wherever possible,
post a list of the things seized on the premises.

Further provisions in relation to inspection

Upon entering any place of work an officer shall take all reasonable steps to notify the employer
and the safety and health committee of the entry.

Upon concluding an inspection, an officer shall give to the employer and the safety and health
committee information with respect to his observations and any action he proposes to take in
relation to the place of work.

Where an officer proposes to take and remove a sample from a place of work for the purposes of
analysis, he shall notify the employer and the safety and health committee and after having taken
the sample he shall where possible

(a) divide the sample taken into as many parts as are necessary and mark and seal or mark and
fasten up each part in such a manner as its nature will permit;

Interface Global Education (M) Sdn Bhd Page 51

OCCUPATIONAL SAFETY AND HEALTH

(b) if required by the employer or the safety and health committee, deliver one part each to the
employer or the safety and health committee

(c) retain one part for future comparison; and

(d) if an analysis of the sample is to be made, submit another part to an analyst for analysis.

Power of investigation.

An officer shall have the power to investigate the commission of any offence under this Act or
any regulation made thereunder

An officer may, in relation to any investigation in respect of an offence committed under this Act
or any regulation made thereunder, exercise the special powers in relation to police investigation
except that the power to arrest without warrant given by the Criminal Procedure Code in any
seizable offence may not be exercised by him.

Upon completion of his investigation, the officer shall immediately give all information relating
to the commission of the offence to an officer in charge of a police station and a police officer
may, by warrant, arrest any person who may have committed an offence under this Act or any
regulation made thereunder.

Power to examine witnesses

An officer making an investigation under section 39 or 44 may examine orally any person who
appears to him to be acquainted with the facts and circumstances of the case

The person referred to in subsection (1) shall be legally bound to answer all questions relating to
the case put to him by the officer:

Provided that the person may refuse to answer any question if the officer fails or refuses on
demand to produce to him the certificate of authorization issued by the Director General to the
officer under subsection 7(1):

Interface Global Education (M) Sdn Bhd Page 52

OCCUPATIONAL SAFETY AND HEALTH

Provided further that the person may refuse to answer any question to which would have a
tendency to expose him to a criminal charge or penalty or forfeiture

A person making a statement under this section shall be legally bound to state the truth whether
or not the statement is made wholly or partly in answer to questions.

An officer obtaining information from a person shall first inform the person of the provisions of
subsections (2) and (3).

A statement made by a person under this section shall, whenever possible, be reduced into
writing and signed by him or affixed with his thumb print, as the case may be, after it has been
read to him in the language in which he made it and after he has been given an opportunity to
make any correction he may wish.

Where an officer uses the assistance of an interpreter, any inquiry or requisition to a person made
on behalf of the officer by the interpreter shall, for all purposes, he deemed to have been actually
made by the officer, and any answer thereto made to the interpreter shall be deemed to have been
actually made to the officer.

Employer, etc., to assist officer

The owner or occupier of, or employer, any place of work and the agent or employee of the
owner, occupier or employer shall provide such assistance as the officer may require for any
entry, inspection, examination or inquiry or for the exercise of his powers under this Act.

Offenses in relation to inspection.

A person who

(a) refuses access to a place of work to an officer or a person assisting him;

(b) obstructs the officer in the exercise of his powers under this Act or any regulation made
thereunder, or induces or attempts to induce any other person to do so;

(c) fails to produce any document required under this Act by the officer;

Interface Global Education (M) Sdn Bhd Page 53

OCCUPATIONAL SAFETY AND HEALTH

(d) conceals the location or existence of any other person or any plant or substance from the
officer;

(e) prevents or attempts to prevent any other person from assisting the officer; or

(f) in any other way, hinders, impedes or opposes the officer in the exercise of his powers under
this Act or any regulation made thereunder,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Improvement notice and prohibition notice

If an officer is of the opinion that a place of work, plant, substance or process is likely to be a
danger, or is likely to cause bodily injury or is a serious risk to the health of any person, or is
likely to cause damage to any property, he shall serve an improvement notice on the person
under whose control the place of work, plant, substance or process lies, requiring the person to
take measures to remove the danger or rectify any defect within such period as he shall therein
specify, and in every such case the place of work, plant, substance or process shall not be used or
operated even after the period of expiry of the notice until the danger has been removed or the
defect made good to the satisfaction of the officer.

If an officer is of the opinion that the defect in subsection (1) is likely to cause immediate danger
to life or property, he shall serve a prohibition notice prohibiting the use or operation of the place
of work, plant, substance or process until such time that any danger posed is removed and the
defect made good to the satisfaction of the officer.

An improvement notice or a prohibition notice under subsection (1) or (2) shall

(a) state that the officer is of the opinion that in respect of the plant, substance or process at the
place of work, there is occurring or may occur an activity which is or is likely to be a danger or is
likely to cause bodily injury or a serious risk to the health of any person or is likely to cause
damage or is likely to cause immediate danger to life or property, and state the reasons for the
opinion; and

Interface Global Education (M) Sdn Bhd Page 54

OCCUPATIONAL SAFETY AND HEALTH

(b) where in the officer's opinion the activity concerned is a contravention or is likely to be a
contravention of any provision of this Act or any regulation made thereunder, specify the
provision and state the reasons for the opinion.

An officer may include in an improvement notice or a prohibition notice directions as to the

measures to be taken to remove any danger, likely danger, risk, matter or activity to which the
notice relates and the directions may refer to any approved industry code of practice.

Without prejudice to the provision of subsection (2) an officer may, if he considers it necessary,
proceed to render inoperative the place of work, plant, substance or process by any means he
may deem best suited for the purpose.

Where such an action is taken by the officer under subsection (5) he may, if he deems fit, recover
the cost of the action from the occupier or person having responsibility or control of the place of
work, plant, substance or process.

Penalty for failure to comply with notice

A person to whom an improvement or a prohibition notice is issued under section 48 must

comply with the same notwithstanding that an appeal against its issuance has been lodged.

A person who without reasonable excuse fails to comply with any improvement or prohibition
notice issued under section 48 shall be guilty of an offence and shall, on conviction, be liable to a
fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years
or to both, and to a further fine of five hundred ringgit for each day during which the offence
continues.

Aggrieved person may appeal.

A person who is aggrieved by a notice issued by an officer under section 48 may, within thirty
days from the date of such notice, appeal to the Director General who may, after considering the
appeal, by order in writing confirm, revoke or vary the notice.

Interface Global Education (M) Sdn Bhd Page 55

OCCUPATIONAL SAFETY AND HEALTH

A person who is aggrieved with a decision of the Director General made under subsection (1)
may, within thirty days from the date of the decision, appeal to an appeal committee appointed
by the Minister under section 63.

Where an improvement or a prohibition notice is issued by the director General or the Deputy
Director General in the exercise of the powers conferred under section 48, the appeal shall be
made to an appeal committee appointed by the Minister under section 63.

Interface Global Education (M) Sdn Bhd Page 56

OCCUPATIONAL SAFETY AND HEALTH

PART XII: LIABILITY FOR OFFENCES

LIABILITY FOR OFFENSES

General penalty

A person who by any act or omission contravenes any provision of this Act or any regulation
made thereunder shall be guilty of an offence, and if no penalty is expressly provided shall, on
conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding one year or to both and, in the case of a continuing offence, to a fine not exceeding
one thousand ringgit for every day or part of a day during which the offence continues after
conviction.

Offenses committed by body corporate.

Where a body corporate contravenes any provision of this Act or any regulation made
thereunder, every person who at the time of the commission of the offence is a director, manager,
secretary or other like officer of the body corporate shall be deemed to have contravened the
provision and may be charged jointly in the same proceedings with the body corporate or
severally, and every such director, manager, secretary or other like officer of the body corporate
shall be deemed to be guilty of the offence.

A person may be proceeded against and convicted under the provision of subsection (1) whether
or not the corporation has been proceeded against or has been convicted under that provision.

Offenses committed by trade union.

Where a trade union by any act or omission contravenes any provision of this Act or any
regulation made thereunder, every officer, employee and person purporting to act on the
instruction of any officer of the trade union shall be deemed to have contravened the provision
and may be charged jointly in the same proceedings with the trade union or severally, and every
such officer, employee or person shall be deemed to be guilty of the offence.

Interface Global Education (M) Sdn Bhd Page 57

OCCUPATIONAL SAFETY AND HEALTH

A person may be proceeded against and convicted under the provision of subsection (1) whether
or not the trade union has been proceeded against or has been convicted under that provision.

Offenses committed by agent.

A person who would be liable under this Act or any regulation made thereunder to any penalty
for anything done or omitted if the thing had been done or omitted by him personally shall be
liable to the same penalty if the thing had been done or omitted by his agent.

Defence.

It shall be a defence if any proceedings against a person for an offence under this Act or any
regulation made thereunder to satisfy the court that the offence was committed without his
consent or connivance and that he exercised all such due diligence to prevent the commission of
the offence as he ought to have exercised having regard to the nature of his functions in that
capacity and to all the circumstances.

Body corporate or trade union liable to fine

Where a person convicted in respect of an offence under this Act or any regulation made
thereunder is a body corporate or a trade union, it shall only be liable to the imposition of a fine
provided therefor.

Aiding and abetting.

A person who aids or abets the commission of an offence under this Act shall be punished with
the punishment provided for the offence.

Safeguards against further personal liability.

Subject to the provisions of this Act and any regulation made thereunder, no person shall incur
any personal liability for any loss or damage caused by any act or omission by him in carrying
out the duties under this Act or any regulation made thereunder, unless the loss or damage was
occasioned intentionally or through recklessness or gross negligence.

Interface Global Education (M) Sdn Bhd Page 58

OCCUPATIONAL SAFETY AND HEALTH

Civil liability not affected by Parts IV, V and VI.

Nothing in Parts IV, V and VI and the relevant industry code of practice shall be construed as

(a) conferring a right of action in an civil proceeding in respect of any contravention, whether by
act or omission, of any provision of those Parts;

(b) conferring a defence to an action in any civil proceedings or as otherwise affecting a right of
action in any civil proceedings; or

(c) affecting the extent, if any, to which a right of action arises or civil proceedings may be taken
with respect to breaches of duties imposed by other legislation in regard to safety and health.

Onus of proving limits of what is practicable

In any proceedings for an offence under this Act or any regulation made thereunder consisting of
a failure to comply with a duty or requirement to do something so far as is practicable, or to use
the best practicable means to do something, it shall be for the accused to prove that it was not
practicable to do more than was in fact done to satisfy the duty or requirement, or that there was
no better practicable means than was in fact used to satisfy the duty or requirement.

Prosecutions

Prosecutions in respect of offenses committed under this Act or any regulation made thereunder
may, with the prior written consent of the Public Prosecutor, be instituted and conducted by an
occupational safety and health officer or by an officer specially authorized in writing by the
Director General subject to the provision of the Criminal Procedure Code.

Compounding of offenses

The Minister may, be order in the Gazette, prescribe any offence under this Act or any regulation
made thereunder as an offence which may be compounded.

The Director General may at any time before conviction compound any of the offenses
prescribed under subsection (1) as an offence which may be compounded by collecting from the

Interface Global Education (M) Sdn Bhd Page 59

OCCUPATIONAL SAFETY AND HEALTH

person reasonably suspected of having committed the offence a sum of money not exceeding the
amount of the maximum fine to which the person would have been liable to if he had been
convicted of the offence:

Provided that the Director General shall not exercise his powers under this section unless the
person in writing admits that he has committed the offence and requests the Director General to
deal with the offence under this section.

Interface Global Education (M) Sdn Bhd Page 60

OCCUPATIONAL SAFETY AND HEALTH

PART XIII: APPEALS

APPEALS

Appeal committees.

(1) The Minister shall appoint appeal committees for the purpose of considering any appeal made
under section 36 or 50.

(2) An appeal committee shall consist of a Chairman to be appointed by the Minister from
among members of the Council and two other persons to be appointed by the Minister who, in
his opinion, have wide experience and knowledge in matters relating to the subject matter of the
appeal.

(3) Every member of an appeal committee may be paid an allowance at such rate or rates as the
Minister may determine.

Powers of appeal committee

An appeal committee may, after hearing an appeal, confirm, revoke or vary an order made by the
Director General under section 35, a decision made by the Director General under subsection
50(1), or an improvement or a prohibition notice issued by the Director General under section
48.

An appeal committee shall decide and communicate expeditiously its decision to the person
making the appeal.

Decision of appeal committee

The decision of an appeal committee shall be final and conclusive and shall not be questioned in
any court.

Interface Global Education (M) Sdn Bhd Page 61

OCCUPATIONAL SAFETY AND HEALTH

PART XIV

REGULATIONS

Regulations

The Minister may make regulations for or with respect to the safety, health and welfare of
persons at work in order to achieve the objects of this Act.

In particular and without prejudice to the generality of subsection (1), such regulations may

(a) regulate or prohibit

• the manufacture, supply or use of any plant;

• the manufacture, supply, storage, transport or use of any substance; and
• the carrying on of any process or the carrying out of any operation;

(b) prescribe the requirements with respect to the design, construction, guarding, siting,
installation, commissioning, examination, repair, maintenance, alteration, adjustment,
dismantling, testing, marking or inspection of any plant;

(c) prescribe the requirements with respect to the examination, testing, analysis, labeling or
marking of any substance;

(d) prescribe the time and the manner in which employers or other specified persons are required
to examine, text, analyze, label or mark any substance;

(e) prescribe the requirements to abstain from eating, drinking or smoking in any circumstances
involving risk of absorption of any substance or risk of injury or poisoning arising out of the use
of any substance;

(f) prescribe the requirements with respect to the instruction, training and supervision of persons
at work;

Interface Global Education (M) Sdn Bhd Page 62

OCCUPATIONAL SAFETY AND HEALTH

(g) prescribe the procedure for employers to notify any accident, dangerous occurrence,
occupational poisoning or occupational disease;

(h) prescribe the arrangements to be made with respect to the taking of any action or precaution
to avoid, or in event of, any accident or dangerous occurrence;

(i) prohibit or require the taking of any action in the event of any accident or dangerous
occurrence;

(j) prescribe the requirements with respect to the provision and use in specified circumstances of
protective clothing or equipment and rescue equipment;

(k) prescribe the standards in relation to the use of, including standards of exposure to, any
physical, biological, chemical or psychological

(l) regulate and require the monitoring by employers or occupiers of conditions at a place of
work including the health of their employees;

(m) secure the provision of adequate welfare facilities by employers for persons at work;

(n) require the employers to keep and preserve records and other documents;

(o) prescribe the composition, powers, functions and procedures of safety and health committees
and regulate the election or appointment of members of the committees and other related matters;

(p) prescribe the manner of holding inquiries under section 33 and of hearing appeals under
section 36 or 50;

(q) prescribe the fees payable or chargeable for doing any act or providing any service for the
purposes of this Act or any regulation made thereunder;

(r) prescribe the offenses which may be compounded and the method and procedure to be
complied with:

Interface Global Education (M) Sdn Bhd Page 63

OCCUPATIONAL SAFETY AND HEALTH

(s) prescribe the requirements for engaging a medical officer and the procedures for the
registration of the medical officer;

(t) prescribe the requirements for employing a safety and health officer, the training required of a
safety and health officer and the procedures for registration;

(u) prescribe any other matter which may appear to the Minister to be expedient or necessary for
the better carrying out of the Act.

Interface Global Education (M) Sdn Bhd Page 64

OCCUPATIONAL SAFETY AND HEALTH

PART XV

MISCELLANEOUS

Duty to keep secret

Save for an inquiry under this Act or in any court proceedings relating to the commission of an
offence under this Act or any regulation made thereunder, no person shall disclose any matter
including any manufacturing or commercial secret which has come to his knowledge or which he
has acquired while performing his duties under this Act.

A person who contravenes the provision of this section shall be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a
term not exceeding two years or to both.

Interface Global Education (M) Sdn Bhd Page 65

OCCUPATIONAL SAFETY AND HEALTH

EXAMPLES OF GOOD OSH PRACTICES

Interface Global Education (M) Sdn Bhd Page 66

OCCUPATIONAL SAFETY AND HEALTH

EXAMPLES OF BAD OSH PRACTICES

Office of Horrors

Interface Global Education (M) Sdn Bhd Page 67

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 68

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 69

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 70

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 71

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 72

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 73

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 74

OCCUPATIONAL SAFETY AND HEALTH

Interface Global Education (M) Sdn Bhd Page 75