The document discusses occupational safety and health legislation in Malaysia, including the Occupational Safety and Health Act 1994 (OSHA 1994). It outlines the objectives of OSHA 1994 to secure safety, health and welfare for workers. It also discusses the responsibilities of employers to provide a safe workplace and of employees to work safely. It describes the roles of enforcement agencies like the Department of Safety and Health and training organizations like the National Institute of Occupational Safety and Health.

1. Chapter 2:
Occupational Safety And Health Legislation

2. COURSE OBJECTIVES
 Understand the OSH legislation.
 Understand Occupational Safety and Health
Act 1994 (OSHA 1994).

3. INTRODUCTION
 OSHA in Malaysia is an Act which provides
the legislative framework to secure the
safety, health and welfare among all
Malaysian workforces and to protect others
against risks to safety or health in connection
with the activities of persons at work
 Gazetted on 24th February 1994

4. PHILOSOPHY
 Responsibilities to ensure safety and health at
the workplace lies with those who create the
risk those who work with the risk.

5. OBJECTIVES OF OSHA 1994
 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
 protect person 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
 promote an occupational environment for persons at work
which is adapted to their physiological and psychological
needs
 provide the means whereby the associated occupational
safety and health legislation 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.

6. UNDERSTANDING OSHA 1994
 The Act contains 67 sections, divided into 15 parts
and appended with 3 schedules.
 The first three parts state the objects of the Act
and provide the infrastructure for appointment of
officers and the National Council.
 Part IV to VI provides the general duties for those
who create the risks e.g. employer, self-employed
person, designer, manufacturer, supplier, etc and
those who work with the risks i.e employees.

7. EMPLOYERS’ RESPONSIBILITY
(PART IV, SECTION 15-19)
 Provide a workplace free from
recognized hazards and comply
with OSHA standards
 Provide training required by
OSHA standards
 Keep records of injuries and
illnesses
 Provide medical exams when
required by OSHA standards and
provide workers access to their
exposure and medical records

8. EMPLOYERS’ RESPONSIBILITY
(PART IV, SECTION 15-19)
 Not discriminate against
workers who exercise
their rights under the
Act (Section 11(c))
 Post OSHA citations and
abatement verification
notices
 Provide and pay for PPE
(personal protective
equipment )

9. EMPLOYEE’S RESPONSIBILITY
(PART VI, SECTION 24-27)
 Right to a safe and healthful workplace
 Right to know about hazardous chemicals
 Right to information about injuries and illnesses in
your workplace
 Right to complain or request hazard correction from
employer
 Right to training

10. EMPLOYEE’S RESPONSIBILITY
(PART VI, SECTION 24-27)
 Right to hazard exposure and
medical records
 Right to file a complaint with
OSHA
 Right to participate in an
OSHA inspection
 Right to be free from
retaliation for exercising
safety and health rights
 Worker responsibilities

11. FACTORY AND MACHINERY ACT 1967
 Factory refers to places where persons are
employed in manual labor related to making,
altering, repairing, cleaning and similar activities
carried out for the purposes of trade or business.
 The Act does not apply to premises used for
housing vehicles where only minor cleaning and
repairs are carried out, or to any premises that
employ five or less persons.

12. FACTORY AND MACHINERY ACT 1967
 Contoh: Section 36 of FMA
1967
 (1) Tiada seorang pun boleh
memasang atau menyebabkan
untuk dipasang apa-apa
jentera kecuali dengan
kelulusan bertulis pemeriksa
dan bagi maksud
mendapatkan kelulusan itu
hendaklah dikemukakan
kepada Pemeriksa butir-butir
sebagaimana yang ditetapkan.

13. DEPARTMENT OF SAFETY AND
HEALTH (DOSH)
 Under the Ministry of Human Resources
Malaysia
 Enforcement and promotional works that
employers, self-employed persons,
manufacturers, designers, importers,
suppliers and employees always practice safe
and health work culture, and always comply
with existing legislation, guidelines and codes
of practice

14. DEPARTMENT OF SAFETY AND
HEALTH (DOSH)
 Formulate and review legislation, policies,
guidelines and codes of practice pertaining to
occupational safety, health and welfare as a
basis in ensuring safety and health at work.

15. NATIONAL INSTITUTE OF
OCCUPATIONAL SAFETY AND HEALTH
(NIOSH) out various training activities such as
 Carried
courses, workshops and seminar in order to
fulfill the industries’ workforce needs and
wants.
 The courses were conducted at NIOSH or at
the clients’ premises.

16. NATIONAL INSTITUTE OF
OCCUPATIONAL SAFETY AND HEALTH
(NIOSH)
 Also offers certificated and trainers courses in
compliance with the Occupational Safety and
Health Act (OSHA) 1994 and its regulations
 Involved in research activities which are done
in accordance with its Memorandum and Acts
“to conduct short and long term research
projects on occupational safety and health
which will benefit the country

17. NATIONAL INSTITUTE OF
OCCUPATIONAL SAFETY AND HEALTH

(NIOSH)
Offers consultation and the used of
its facilities to students doing their
research whether as a requirement
for their degree, master or
doctorate.
 NIOSH Hostel Management Unit is
responsible in managing the
hostel, cafeteria and other facilities

18. SOCIAL SECURITY ORGANIZATION
(SOCSO)
 Registration of employer and employee,
collecting contribution, processing benefit
claims and make payment to the injured
worker and their dependents.
 Provide vocational and physical rehabilitation
benefits and enhance occupational safety and
health awareness of workers.

19. CONCLUSION
 OSHA is about OSH
management, and the
responsibility to ensure the
safety and health of:
 The persons at work, and
 Other people who might be
affected by activities of people
at work