Topic 1-Introduction To Osh Legislation

INTRODUCTION
TO
OCCUPATIONAL
SAFETY &
HEALTH
LEGISLATION
By
Arutchelvi a/p Thayanandan
CONTENT
• Statistics
• OSHA 1994
• Other OSH Regulations

HISTORY OF MALAYSIA’S OSH
LEGISLATION
 Selangor Boiler Enactment 1892
 Perak Boiler 1903
 Machinery Ordinance 1913
 Machinery Enactment 1932
 Factory Acts 1967
 Lift Regulation 1970
 Lead Regulation 1984
 Noise Regulation 1989
 Mineral Dust Regulation 1989
 Asbestos Regulation 1991
 Occupational Safety & Health Act 1994
STRUCTURE OF LEGISLATION
ACT (Policies) - (Law passed by Parliament)
OSHA 1994
Factory and Machinery Act 1967
REGULATIONS (Details)
(Law approved by relevant Ministries)
OSHA(Safety and Health Officer)
OSHA (Safety & Health Committee)
GUIDELINES (Implementation)
(Guides for use issued by relevant Departments)
First Aid
Formulation of Safety Data sheet
GLOBAL – WORK –
RELATED INJURIES AND DISEASES
• 270 million accidents
• 2 million work-related deaths
• 160 million work related diseases
• 4% of gross domestic product is lost
Source: International Labour Organization (ILO)

MALAYSIA’S ACCIDENTS STATISTICS
1992-2003
Total Accident Reported
per 1,000 employee
25
22
21.2
20 17.7
Accident Reported
15.4
14
15
10.5 10.1 10.7 10.7 10.3
9.7
10 7.4
0
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
Year
Source: SOCSO
Reported Accident
10000
15000
20000
25000
30000
35000
5000
0
Agriculture,
Forrestry,
Source: SOCSO
Fishing
Mining &
Quarrying
Manufacturing
Electricity,
Gas, Water,
Sanitary
Reported
Construction
Trading
Permanent Disability
Type of Industry
Accident Statistics 2003
Transportation
Death
Financial &
Insurance
Services
ACCIDENTS STATISTICS – BY INDUSTRY
Public
Services
PHILOSOPHY OF
THE ACT
“Responsibilities to ensure safety and health at workplace

lies with those who create the risk and those who work
with the risk.
 Self-regulation;
 Consultation and
 Workers cooperation and participation.
ENFORCEMENT
DEPARTMENT
Department Of Occupational Safety &

Health (DOSH/JKKP) under
Ministry Of Human Resources
First Schedule
Manufacturing
SCOPE 1. Wholesale and

2. Retail Trade
Public services and

statutory authorities
SCOPE OF
APPLICATION
EXCEPT : On board ships;
and Armed Forces.

OBJECTIVES OF
THE ACT
 Secure the safety and health of person at work

 Protect persons at work other than employees
 Promote an appropriate and suitable environment for persons
at work (physiological & psychological needs)
 Enable previous legislation to be replaced by regulations and
approved industry codes of practice operating in combination
with OSHA 1994 to enhance safety and health
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
PART IV - DUTIES OF EMPLOYERS & SELF
EMPLOYED PERSONS TO EMPLOYEES
• Safe plant and systems of work
• Safe use, storage and handling of plant and substances.
• Information, instruction, training and supervision.
• Safe place of work.
• Safe access and egress.
• Written general OSH policy.
• Not to charge employees for things done or provided.
• Employer to report accidents, dangerous occurrences,
occupational poisonings or diseases to DOSH.
PENALTY
RM 50,000/ 2 years jail/both
PART V: DUTIES OF DESIGNERS,
MANUFACTURERS, IMPORTERS AND
SUPPLIERS OF PLANT
• Ensure plant is designed and constructed to be safe when
properly used.
• Test and examine plant before it is used.
• Provide information for safe use.
• Designers and manufacturers of plant must ensure research
and minimize risks.
• Persons who erect or install plant to ensure it can be used
safely.
PENALTY
RM 20,000 or 2 years jail
or both
PART VI: DUTIES OF EMPLOYEES
 Reasonable care of self and others.
 Cooperate to help others discharge their duties.
 Use protective equipment or clothing provided.
 Comply with instructions or measures made in
accordance with OSH legislation.
 Not to interfere or misuse things done in accordance
with OSH legislation.
PENALTY
RM 1,000/ 3 months jail/ both
PART VII: MEDICAL SURVEILLANCE
• Medical surveillance and examination, not including
medical treatment of preventive in character, for
employees to be conducted by the employer.
PART VII: SAFETY & HEALTH OFFICERS

• Occupiers in specified industries to employ competent
SHO at place of work.
PART VII: SAFETY AND HEALTH COMMITTEES

• Compulsory for employees of 40 or more
PART VIII: NOTIFICATION OF ACCIDENTS,
DANGEROUS OCCURRENCES, OCCUPATIONAL
POISONING, DISEASES AND INJURY
• Employer shall notify the nearest DOSH office of any

accident, dangerous occurrence, occupational poisoning
or occupational disease which has occurred or likely to
occur at the place of work.
OSHA 1994 - Regulations
• Control of Industrial Major Accident Hazard Regulations
1996
• Safety and Health Committee Regulations 1996
• Safety and Health Officer Regulations 1997
• Classification, Packaging and Labeling of Hazardous
Chemicals Regulations 1997
• USECHH Regulations 2000
• Safety and Health Officer Orders 1997
• Prohibition of Use of Substance Order 1999
• Notification Of Accidents, Dangerous Occurrences,
Occupational Poisoning and Occupational Diseases
2004 (NADOPOD)
Factory and Machinery Act 1967 - Regulations
• Factories And Machinery (Steam Boiler And Unfired
Pressure Vessel) Regulations 1970
• Factories And Machinery (Electric Passenger And
Goods Lift) Regulations 1970
• Factories And Machinery (Fencing Of Machinery And
Safety) Regulations 1970
• Factories And Machinery (Persons In Charge)
Regulations 1970
• Factories And Machinery (Safety, Health And Welfare)
Regulations 1970
• Factories And Machinery (Administration) Regulations
1970
FMA 1967 - Regulations
• Factories And Machinery (Certificates Of Competency)
Regulations 1970
• Factories And Machinery (Notification, Certificate Of
Fitness and Inspection) Regulations 1970
• Factories And Machinery (Building Operations And
Work Of Engineering Construction) (Safety)
Regulations 1970
Laws on Occupational Safety & Health
• Occupational Safety and Health Act 1994 (OSHA)
• Factories and Machinery Department 1967 (FMA)
• Fire Services Act 1988
• Uniform Building By-Law 1984
• Petroleum Safety Measures Act 1984
• Gas Supply Act 1993
• Diesel and Gas Storage Requirement
• Electricity Supply Act 1990
• Poison Act 1952
• Pesticide Act 1974
• Road Transport Act 1987
• Atomic Energy Licensing Act
• Environmental Quality Act 1974

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INTRODUCTION

• Other OSH Regulations

Source: International Labour Organization (ILO)

“Responsibilities to ensure safety and health at workplace

Department Of Occupational Safety &

SCOPE 1. Wholesale and

Public services and

EXCEPT : On board ships;

and Armed Forces.

 Secure the safety and health of person at work

PART VII: SAFETY & HEALTH OFFICERS

PART VII: SAFETY AND HEALTH COMMITTEES

• Employer shall notify the nearest DOSH office of any

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