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Occupational safety and health act 1994 (act 514)


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Occupational safety and health act 1994 (act 514)

  2. 2. ACT 517 StructureACT 517 StructureACT◦15 Parts.◦67 Sections.◦3 Schedules.
  3. 3. Regulations Under OccupationalRegulations Under OccupationalSafety & Health Act (1/2)Safety & Health Act (1/2)OSH (Employers’Safety and HealthGeneral Policy Statements)(Exception)Regulations 1995OSH (Control of Industrial MajorAccident Hazards) Regulations 1996OSH (Classification, Packaging andLabeling of Hazardous Chemicals)Regulations 1997OSH (Safety and Health Officer)Regulations 1997
  4. 4. Regulations Under OccupationalRegulations Under OccupationalSafety & Health Act (2/2)Safety & Health Act (2/2)OSH (Safety and Health Officer) Order1997OSH (Prohibition of Used of Substance)Order 1999OSH (Use and Standards of Exposure ofChemicals Hazardous to Health)Regulations 2000OSH (Indoor Air Quality) Code ofPractice 2005
  5. 5. OSH 1994 (ACT 514 )OSH 1994 (ACT 514 )Main PartitionMain PartitionPart 1 – PreliminaryPart II – Appointment of OfficersPart III – National Council for OSHPart IV – General Duties of Employersand Self-Employed PersonsPart V – General Duties of Designers,Manufacturers and SuppliersPart VI – General Duties of EmployeesPart VII – Safety and HealthOrganizations
  6. 6. OSH 1994 (ACT 514 )OSH 1994 (ACT 514 )Main PartitionMain PartitionPart VIII – Notification of Accidents, DangerousOccurrence Occupational Poisoning andOccupational Disease and Inquiry.Part IX – Prohibition Against Use of Plant orSubstancePart X – Industry Codes of PracticePart XI – Enforcement and InvestigationPart XII – Liability for OffencesPart XIII – AppealsPart XIV – RegulationsPart XV - Miscellaneous
  7. 7. ObjectiveObjectivefor securing the safety, health and welfareof persons at workprotect persons at a place of work otherthan employeespromote a suitable environment forpersons at workenable previous legislation to be replacedby regulations and approved industrycodes of practice operating incombination with the OSH Act 1994
  8. 8. Scope of ActScope of ActS.1(2) : This Act shall apply throughoutMalaysia to the industries specified in theFirst Schedule.S.1(3): This Act shall NOT apply for◦ Work on board of Ship Merchant Shipping Ordinance 1952 Merchant Shipping Ordinance 1960 of Sabah orSarawak◦ Armed Forces
  9. 9. First ScheduleFirst ScheduleManufacturingMining and QuarryingConstructionAgriculture, Forestry and FishingUtilities (Electricity, Gas, Water, Sanitary Services)Transport, Storage and CommunicationWholesale and Retail TradesHotels and RestaurantsFinance, Insurance, Real Estate and BusinessServicesPublic services and Statutory Authorities
  10. 10. InterpretationInterpretationS.3S.3‘Practicable’ means practicable havingregard to◦ the severity of the hazard or risk◦ knowledge about the hazard or risk and anyway of removing or mitigating the hazard orrisk◦ the availability and suitability of ways toremove or mitigate the hazard or risk◦ the cost of removing or mitigating the hazardor risk
  11. 11. Prevailing LawsPrevailing LawsS.2(1): Provisions of this Act areadditional to other laws relating to safetyand healthS.2(2): If there is any conflict orinconsistency between this Act and itsregulations and any other written lawrelated to OSH, the provisions of this Actand its regulations shall prevail
  12. 12. InterpretationInterpretationS.3S.3 ‘Premises’ include:◦ any land, building or part of any building◦ any vehicle, vessel or aircraft◦ any installation on land, offshore installation or otherinstallation whether on the bed of or floating on anywater◦ any tent or movable structure ‘Place of Work’ - premises where persons work orpremises used for the storage of plant or substance ‘Occupier’ - person who has the management or controlof the place of work ‘Self-Employed Person’ - individual who works for gainor reward otherwise than under a contract of employment
  13. 13. InterpretationInterpretationS.3S.3‘Substance’ - any natural or artificialsubstance, whether in solid or liquid form orin the form of a gas or vapor or anycombination of them‘Plant’ - any machinery, equipment,appliance, implement or tool, any componentand anything fitted, connected or belong to it.
  14. 14. PHILOSOPHY ANDPHILOSOPHY ANDGUIDING PRINCIPLESGUIDING PRINCIPLES“ Responsibilities to ensure safety andhealth at the workplace lies with thosewho create the risk and with those whowork with the risk ”Self-regulation Consultation Workers cooperation and participation
  15. 15. GENERAL DUTIES OF EMPLOYERSGENERAL DUTIES OF EMPLOYERSAND SELF-EMPLOYED PERSONSAND SELF-EMPLOYED PERSONS So far as is practicable -• provide and maintain plant and system of work• make arrangements for the safe use, operation,handling, storage and transportation ofsubstances and plant• provide information, instruction, training andsupervision• provide and maintain place of work and meansof access to and egress from any place of work• provide and maintain working environment thatis safe and without health risk and adequatewelfare facilities
  16. 16. OTHER DUTIES OF EMPLOYERS,OTHER DUTIES OF EMPLOYERS,SELF-EMPLOYED AND OCCUPIERSSELF-EMPLOYED AND OCCUPIERS• Formulate written statement of hispolicy on OSH.• Conduct undertaking in such mannernot to affect other persons not hisemployees• Provide information to other personson ways his undertaking may affectthem
  17. 17. GENERAL DUTIES OF DESIGNERS,GENERAL DUTIES OF DESIGNERS,MANUFACTURERS AND SUPPLIERSMANUFACTURERS AND SUPPLIERS(plant and substance)(plant and substance) So far as is practicable - to ensure plant/substance is designedand constructed to be safe and withoutrisk to health when properly used arrange for carrying out testing andexamination adequate information for designers and manufacturers –arrange for research to eliminate orminimize hazards safe erection and installation
  18. 18. GENERAL DUTIES OFGENERAL DUTIES OFEMPLOYEESEMPLOYEES• Reasonable care for safety and healthof himself and others• Co-operate with employer and others• Wear and use Personal ProtectiveEquipment• Comply with instruction on OSH
  19. 19. INTERFERE, CHARGE ANDINTERFERE, CHARGE ANDDISCRIMINATEDISCRIMINATE• Employee not to interfere or misuse withanything provided for the interest of safety andhealth• Employer/trade union not to levy on employeesdue to any actions done in pursuance of this Actor its regulations• Employer/trade union not to discriminate(dismiss, injure or alter position) employee if he makes a compliant on a matter he considers notsafe, becomes a member of a safety and health committee exercises his functions as a member in the committee
  20. 20. OSH ProvidersNational Level◦ Government Agencies Department of Public Health (DPH) Department of Occupational Safety & Health (DOSH) National Institute of Occupational Safety and Health (NIOSH) Social Security Organization (SOCSO)◦ UniversitiesState Level◦ State Health Departments◦ State Departments of Occupational Safety and Health(DOSH)
  21. 21. OSH ProvidersDistrict Level◦ District Health Office◦ Hospital◦ Occupational Health Clinics in Primary Health CareFacilities◦ Private Occupational Health Doctors(Specialist/OHD)Enterprise Level◦ Employers◦ Occupational Health Doctor (CompanyDoctors/Company Appointed Doctors)
  22. 22. Non-Governmental Organization◦ Union Malaysia Trade Union Congress◦ Professional Organization Society of Occupational & Environmental Health Malaysian Occupational Health Nurses Association Malaysian Industrial Hygienist AssociationOSH Providers
  23. 23. Ministry of HealthHave no legislative power under theOSHA 1994Main functions◦ As an employer – should provide a safe andhealthy work environment for all its workers◦ As the custodian of the nations health toprovide the curative and preventive servicefor the Malaysian population.
  24. 24. Ministry of Human ResourceNational Council of Occupational Safety& Health (NCOSH)Departments of Occupational Safety &Health (DOSH)National Institute of Occupational Safety& Health (NIOSH)Social Security Organization (SOCSO)
  25. 25. National Council for OccupationalSafety & Health (NCOSH)Formed in 199512-15 members representing thegovernment, employers, employees andnon-governmental or professionalsorganizations, each serving 3 year termsChaired by the Deputy Minister ofHuman Resources
  26. 26. NCOSHDuties to◦ Discuss◦ Analyze◦ InvestigateForward annual reports &recommendations to the Minister onmatters which is in line with the aims ofthe Occupational Safety & Health Act1994
  27. 27. Department of OccupationalSafety & Health (DOSH)Begun in 1878 with the appointment ofthe first Machinery InspectorMachinery Department (MachineryOrdinance 1953)Factories and Machinery Department(Factories and Machinery Act 1967)Department of Occupational Safety &Health (DOSH) (Occupational Safety &Health Act 1994 (OSHA 1994)
  28. 28. DOSHResponsible for ensuring the◦ Safety◦ Health◦ Welfare of persons at work◦ Protection of other people from hazards tosafety and health arising from the activities ofpersons at work
  29. 29. DOSHMajor Activities◦ Standard setting Relevant legislation, codes of practice, guidelines◦ Enforcement Regional branch offices in every state◦ Promotion Enhance OSH conciosness
  30. 30. National Institute of OccupationalSafety & Health (NIOSH)Founded in December 1, 1992 as aCompany Limited by Guarantee, underMalaysian Companies, 1965 to spearheadthe safety and health culture at theworkplace in Malaysia
  31. 31. NIOSHThe board of Directors is a tripartiterepresentation of the Government,Private Sectors and the Workers Unions,provides autonomy in decision making.NIOSH was set up on a Launching Grantfrom the Government and the SocialSecurity Organization (SOCSO) ofMalaysia.
  32. 32. NIOSHFunction of NIOSH◦ Teaching◦ Research◦ Consultancy
  33. 33. Social Security Organization(SOCSO)Set up in 1971To implement, administer and enforce◦ The Employees’ Social Security Act, 1969◦ The Employees’ Social Security (GeneralRegulations) 1971◦ Employment Injury Scheme , Pension Scheme
  34. 34. DANGEROUS OCCURRENCES,DANGEROUS OCCURRENCES,OCCUPATIONAL POISONING ANDOCCUPATIONAL POISONING ANDDISEASESDISEASES• Employer to report to the nearest OSHofficers of accidents, dangerousoccurrence, occupational poisoning anddiseases• Medical officers to report on scheduleddiseases in FMA
  35. 35. Appointment of OfficersAppointment of OfficersAppointment of Director General &Deputy Director General, Directors,Deputy Directors, Assistant Directorsand other OSH officers (DOSH) by theMinister – perform duties and exercisepowers based on OSH regulationsAppointment of independent InspectingBody/Officers by DG.
  36. 36. ENFORCEMENT ANDENFORCEMENT ANDINVESTIGATIONINVESTIGATION• Director General of OSH• OSH officers• Certificate of authorization• Power of DOSH Officer :• Enter and inspect any place of work• Enter with equipment and authorized persons• Take photos, measurements and samples• Require medical examinations if risk ofprescribed disease• Question any person if necessary• All persons must assist the officer with entry,inspection, examination and enquiry
  37. 37. IMPROVEMENT ANDIMPROVEMENT ANDPROHIBITION NOTICESPROHIBITION NOTICESContravention can lead to prosecution and / orissue of either an :IMPROVEMENT NOTICESorPROHIBITION NOTICES• Notices to person in control• Time to comply given (improvement notices)• Reason given, contravention explained• Must comply with even if appeal• Appeal, within 30 days to DG
  38. 38. OSHA LIABILITIESOSHA LIABILITIESOFFENCEMAXIMUMRMand/orPENALTIESImprisonmentDuty of employers/selfemployed50,000 2 yearsDuty of occupier to nonemployees50,000 2 yearsDuty of designer/manufacturers 20,000 2 yearsFailure to comply withNOP/NOI50,000 + dailyfine of RM5005 yearsDuty of employee (general) 1,000 3 monthsDuty of employee(interference/misuse)20,000 2 yearsDiscrimination byemployer/union10,000 +damages +reinstatementorder1 year
  39. 39. OSHA LIABILITIESOSHA LIABILITIESOFFENCE MAXIMUMRMand/orPENALTIESImprisonmentMedical surveillance regulation 5,000 6 monthsDuty of occupier to employ SHO 5,000 6 monthsDuty of employer tocreate/consult SHC5,000 6 monthsDisclosure of business secret 20,000 2 yearsFailure to comply with any otherpart of the Act or any of theregulation10,000 + 1,000every day afterconviction1 year