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HR : Safety and Health


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Subject : Industrial Relations

Published in: Education
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HR : Safety and Health

  3. 3. Department of Occupational Safety and Health The Department of Occupational Safety and Health (DOSH) is responsible :-  For ensuring the safety, health and welfare of people at work  Protecting other people from the safety and health hazards arising from the activities in various sectors  Administer and enforce legislations related to occupational safety and health of the country
  4. 4. DOSH DOSH enforce the following legislations :-  Factories and Machinery Act (Amendment) (2006)  Occupational Safety and Health Act 1994 (Act 514)  Factories and Machinery Act 1967 (Revised - 1974) (Acts 139)  Petroleum Act (Safety Measure), 1984 (Act 302)
  5. 5. OSHA (1994) The Occupational Safety and Health Act (1994) is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforce and to protect others against risks to safety or health in connection with the activities of persons at work.
  6. 6. OSHA (1994) Scope:- Nearly all employers and employees in the private and public sectors Philosophy of the Act:- “The responsibility to ensure safety and health at the workplace lies with those who create the risk and with those who work with the risk”
  7. 7. Scope Manufacturing Mining & Quarrying Construction Hotels & Restaurant Agriculture, Forestry & Fishing Transport, Storage & Communication Public Services & Statutory Authorities Utilities Finance, Insurance, Real Estate & Business Services Wholesale & Retail Trades
  8. 8. Occupational Accidents Statistics by Sector Until December 2014
  9. 9. Requirement For all industries  > 5 employees - Safety & Health Policy  > 40 employees - Safety & Health Policy + Committee For high risk industries  > 100 employees - Safety & Health Policy + Committee + a Certified Safety & Health Office For low risk industries  > 500 employees - Safety & Health Policy + Committee + a Certified Safety & Health Office
  10. 10. Responsibilities Employer To ensure the safety, health and welfare at work of all his employees & visitors. To formulate safety & health policy. Extra protection for the disabled etc. Employee To take reasonable safety & health measure for himself & other persons. To co-operate with his employer or any other persons in the discharge of any duty. To use & wear at all times, any proactive equipment provided by employer. To comply with any instruction on occupational safety & health instituted by his employer. 3rd party To provide sufficient information. To eliminate or reduce hazard. To build & fix the equipment with safety feature.
  11. 11. Penalty for Non Compliance Employer A fine not exceeding RM50,000; or Imprisonment not exceeding 2 years; or Both Employee A fine not exceeding RM1,000; or Imprisonment not exceeding 3 months; or Both 3rd party A fine not exceeding RM20,000; or Maximum 2 years imprisonment; or Both
  12. 12. Appointment of members  Chairman : An employer or his authorized manager.  Secretary : Safety and Health officer at the place of work.  Employer reps : Nominated by employer. (> 100 employees – 4 reps)  Employees reps : Nominated by employees. (> 100 employees – 4 reps)
  13. 13. Functions of committee  Assist in the development of safety & health rules and safe systems of work  Review the effectiveness of safety & health programmes.  Carry out studies on the trends of accident and shall report to the employer together with recommendations for corrective actions.  Review the safety & health policies.
  14. 14. Inspection of work place  A safety & health committee shall inspect the work place at least once in every 3 months to ascertain if there is anything prejudicial to the safety & health of persons employed therein.  Discuss the observations and keep proper records.  Make recommendations to the employer on the remedial measures.
  15. 15. Inaugural meeting  The employer shall convene the inaugural safety & health committee meeting at workplace.  At inaugural meeting, the employer shall make known his safety & health policies and proposals.  A copy of minutes shall be furnished to every member of the committee within 2 weeks after the meeting.  A copy of the minutes of meeting shall be kept by the employer for a minimum period of 7 years for purpose of inspection.
  16. 16. Safety & Health Officer A person who;-  Holds a diploma on occupational safety & health (OSH)  Has successfully completed a course in OSH and passed exam, both approved by the Minister and has a minimum of 3 years of experience in OSH.  Has been working in the area of OSH for at least 10 years.  Holds such other qualifications or has received such training as prescribed from time to time by the Minister.
  17. 17. Duties of SHO  To advise employer on the safety & health measures.  To inspect and determine the safety of work place.  To investigate any accident which has happened in the work place.  To assist employer in organizing and implementing OSH programme.  To become secretary to the committee.  To assist the committee in any inspection of the work place.  To assist any officer in carrying out his duty under the Act.
  18. 18. Reference   Occupational Safety & Healt Act 1994  Malaysian Industrial Relations & Employment Law (Maimunah Aminuddin)
  19. 19. Thank You.