Under section 16 of the Occupational Safety and Health Act 1994, employers have a duty to formulate a written occupational safety and health policy. The policy must include the employer's safety and health objectives, responsibilities within the organization, and arrangements to ensure the policy's effective implementation, such as training programs and safety inspections. Case law has established that employers with over five employees must provide a written policy statement, while those with five or fewer employees are exempt. Employees also have duties under section 24, such as taking reasonable care of their own and others' safety, cooperating with the employer, wearing required protective equipment, and following safety instructions. Failure to comply with these duties can result in fines or imprisonment for employees.

1. Occupational Safety and Health Management
( MGT 61003)
Individual Assignment
Student Name: Ng Huoy Miin
Student ID No: 0319097
Lecturer: Tan Hee Chai
Date of Submission: 1 Dec 2016
Word Count: 1409
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2. Question 1
1. Discuss the duty of the employers or self-employed persons under section 16 of the
OSHA 1994 with regard to formulation of health and safety policy using OSHA
clauses and case law to illustrate your points.
In Occupational Safety and Health Act 1994 Part IV, the general duties or self-employed
persons are stipulated under Section 16. Section 16 stated that the duty of the employers and self-
employed persons have to formulate safety and health policy. A written statement of their
occupational safety and health policy, organization and arrangements must be revised by the
employers to carry out the policy for his employees at work. Bring any revision and statement of it
to notice of all of his employees and keep it up to date.
Employers are required to arrange the policy communicate with the employees about the
changes. From Section 16, there are three parts of the policy have been mentioned out. Firstly,the
employer should outline the intention of the policy statement and the employee then can take
courses of action. Besides that, in a hierarchical management structure, the top management in the
organization has the responsibilities of the employee’s safety in the workplace. Moreover, to ensure
the policy is implemented, the policy should include the information on arrangements made. There
has a system for employers that can effectively carry out the policy. The system arrangements
include safety and health training, accident reporting and investigations, inspections, permits to
work system, safe systems of work and emergency procedures. We may find good OSH practices as
well as a series of procedures and training programs to govern the executive of the organization OSH
policy.
Employers have the responsibility to enforce the policy. A written occupational health and
safety policy can help to support an effective OHS program. Such a policy should be written in
language the employees easy to know. On account of an employee’s responsibility, they should
review the policy periodically to keep pace with the changes in terms of hazards occurring at the
workplace. Part of a successful policy is ensuring that every employee are notified and aware of it as
it reflects the special needs of the workspace. For this reason, the written policy should be displayed
at obvious places in the workplace, such as main entrances or general notice board to ensure the
every employee can notice and keep reminding themselves to follow the policy.
The policy statement delivers a clear and easy sign that is regarded to the company’s
objectives. For example, as an employer, I will use “Zero accidents in the workplace.” to be one of
my policy statements. Improvement in accident frequency is important to realize the severity of
lagging indicator of safety. “Zero accidents in the workplace.” is not the process, but is a result that
produces it. To make the policy statement effectively, “Zero accidents in the workplace.” is accepted
by the employees as equal in importance to the workplace’s other policy objectives. Furthermore,
the policy statement should relevant to the workplace’s real needs and “Zero Accidents in
workplace” can be achieved if the accidents do not occur frequently. A policy without the
meaningful participation of employees will not succeed. Therefore, bonus and incentive programs
can promote and accomplish “Zero Accidents” in the workplace.
Under Section 16, all employers or self-employed person enterprise more than five
employees should apply the duty to formulate a written statement of their occupational safety and
health policy. On the other side, Employers’ Safety and Health General Policy Statements
Regulations 1975 stated that the duty is an exception if the employers undertaking not more than 5
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3. employees. Taking into consideration in detail, the employers are required carry out the policy by
preparing a written statement. From Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168 (pg72), the
case law addresses the question of when a written safety policy should be provided. The appellant
has failed to provide a safety policy in the situation of owning 31 betting shops and has no more
than five employees. This case law did not apply the exception provided in Reg. 2 of The Employer’s
Health and Safety Policy Statements, but just only the question of fact as to which category on
whether Ormrod LJ was a separate undertaking one should consider whether the employer operate
on a single undertaking in 31 shops or whether carrying on 31 separate businesses. If the employer
was carrying on separate condition, the court was of the opinion that two people who stood in for
off-duty personnel are also counted and need to provide occupational health and safety policy
statement.
Question 2
2 Discuss the general duties of the employees and the penalty for breach of an offense
under the OSHA 1994. Wherever relevant use OSHA clauses and case law to illustrate your
points.
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4. OSHA 1994 Part VI stated that the general duties of employees at work in section 24a, 24b,
24c and 24d. The duties states bear criminal sanction for non-compliance and in consequences an
employee who fails to fulfil the duties may pay penalty for breach of an offense.
Firstly, in section 24 (a), the employee have to take reasonable care to prevent injury and for
safety and health of themselves or others by their work activities which might be affected. They also
must have to cooperate with employers and others in meeting statutory requirements. Regarding to
the status of the employee, his/her may be counted as fail to take reasonable care would be varied.
The careless and unskilled employee could be liable for intentional dangerous activity at their work.
In the meantime, their senior manager would be also liable for professional judgement. The duty of
reasonable care would be referred to the standard of reasonable care that is expected from the
person and determined from his level of training.
Besides that, according to section 24b, an employee is required to work together with the
employer and the others in discharging his obligations. Employer and employee should have put
effort in cooperating with each others at work under the Act. If the employer have achieve of in
charge, their reasonable duty to maintain a safe system, any employee who misbehavior that try to
endanger their life could be counted not cooperate in their work.
Furthermore, the personal protective equipments or clothing at all times provided by the
employer should be wear by the employees for the purpose of avoiding risks to his health and safety
under Section 24c. There are some cases that the employees inform their employer when they can
never find the personal protective equipment which suitable to their size.
Lastly, in Section 24d, the employees have to follow the instructions established by the
employer or other person under the Act. For example, the employees should obey instructions
stated which measure the occupational health and safety.
On the other hand, an employee who disregards the rules will need to pay and penalized for
an offense. Under Section 24 (2), the Act stated that the non-compliance employees will be bound
in a fine which not exceeding one thousand Ringgit or to detainment for a term not surpassing three
months or to both.
There are two case law that’s been found under Section 24. Referring to the case, Abdul
Rahim b. Mohamad v Kejuruteraan Besi Dan Pembinaan Zaman Kini (1998) 4 MLJ 323, the plaintiff
which offense Section 24 (1) (a) and 24 (1) (d) that conduct the breach of duty of care on his part.
Regarding to the case, I agree with the defendant that plaintiff is partly to blame for this accident.
The plaintiff definitely knows that the scaffolding being pushed when he was still remaining on the
scaffolding is very dangerous. He was exposed to get himself into the risk of injury which the
scaffoldings might be collapsed or fall with some reasons. From section 24 (1) (a) and 24 (1) (d), we
get to know that it is driven to the conclusion that the plaintiff contribute to negligence on the part.
The next case referring to Hazmah D494 & Oz v Wan Hanafi bin Wan Ali [1975]1MLJ 203 that
are stated that the employer has breached the duty of taking reasonable care toward his employees.
People who try to disobey the rules when they have a questioning mind whether they need to get
ready for the possible consequence or certainly take reasonable care to be safe. The chances of the
damage and harm happening should be respected.
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5. References:
1. Cite a Website - Cite This For Me. (2016). Dosh.gov.my. Retrieved 30 November 2016, from
http://www.dosh.gov.my/index.php/en/legislation/guidelines/general/598-05-guidelines-
on-occupational-safety-and-health-act-1994-act-514-2006/file
2. (2016). Retrieved 30 November 2016, from
http://www.slideshare.net/lucadejewa/guidelines-on-occupational-safety-and-health-act-
199
3. Duties of Malaysian Employers Under Section 16, Occupational Safety and Health Act (OSHA)
1994 in Malaysia. (2016). HubPages. Retrieved 30 November 2016, from
http://hubpages.com/business/Duties-of-Employers-Under-Section-16-Occupational-Safety-
and-Health-Act-1994
4. (2016). Retrieved 30 November 2016, from
https://www.ccohs.ca/oshanswers/hsprograms/osh_policy.html
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6. References:
1. Cite a Website - Cite This For Me. (2016). Dosh.gov.my. Retrieved 30 November 2016, from
http://www.dosh.gov.my/index.php/en/legislation/guidelines/general/598-05-guidelines-
on-occupational-safety-and-health-act-1994-act-514-2006/file
2. (2016). Retrieved 30 November 2016, from
http://www.slideshare.net/lucadejewa/guidelines-on-occupational-safety-and-health-act-
199
3. Duties of Malaysian Employers Under Section 16, Occupational Safety and Health Act (OSHA)
1994 in Malaysia. (2016). HubPages. Retrieved 30 November 2016, from
http://hubpages.com/business/Duties-of-Employers-Under-Section-16-Occupational-Safety-
and-Health-Act-1994
4. (2016). Retrieved 30 November 2016, from
https://www.ccohs.ca/oshanswers/hsprograms/osh_policy.html
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