Under section 16 of the Occupational Safety and Health Act 1994, employers are responsible for formulating a safety and health policy at the workplace to reasonably protect employees. The policy must be in writing, distributed to employees, and enforced through training, signage, and ensuring safe working conditions. Section 24 requires employees to take responsibility for their own safety and health as well as others, cooperate with the employer's safety policies, and follow safety rules and procedures. Failure to comply can result in fines or imprisonment for employees.

1. School of Architecture, Building & Design
Occupational Safety and Health Management (MGT 61003)
Individual Assignment
Student Name: Lee Shze Hwa
Student ID No: 0320053
Lecturer: Sr. Tan Hee Chai
Date of Submission: 1st
Dec 2016
Word Count: 1426 words
Question 1
August 2016 semester Page 1

2. School of Architecture, Building & Design
Under section 16 of the OSHA 1994, stated that the employers or self-employed persons
should be responsible to their duty by formulating a safety and health policy at the working
area which can helps to provide a reasonable protection to all employee. According to the
OSHA clauses, all Malaysian employers or self-employees should first formulate a safety
policy statement. A safety policy statement is required to answer the question of who, what,
when and how.1
It means the safety policy should include the responsible person, the things
that the responsible person need to do, when is the safety policy implement and how to
implement it. For the reason of make the statement become effective, it must involve a
senior management to prepare it, include a predictable way to enforce it, fit to the real needs
of the workplace and put it as important as others policy. The policy statement should be
always revise appropriately and keep updated to employees. Next, employers are required to
convey the statement in written form. The written statement must be printed out and
distribute to every employees and locate it at strategic workplace which is clearly seen by
employees.2
The most important part is to enforce the policy. Employers have to plan several
ways to implement the policy and ensure their employees are secured from the risk. The
employees also have to be notify and communicated about the policy statement.3
Example of safety policy statement
The employer and senior management should organise and arrange several activities to
enforce the policy statement. Firstly, the employer and senior management can provide
sufficient training and information for new workers or workers that have to perform a new
task to ensure each individual are understand the hazards working in construction site and
able to protect themselves from the hazards. Besides, locate the sign board to highlight the
risks and ensure the sign boards are clearly seen by employees. Moreover, hire a qualify and
responsible supervisor who helps to take care of every employee’s health and safety. The
supervisor should take precaution to ensure all work are done in safe condition, give clear
and correct instructions and ensure all employee understand about the company’s policy
statement.4
1
"Write A Health And Safety Policy For Your Business". Hse.gov.uk. N.p., 2016. Web. 1
Dec. 2016. Website: http://www.hse.gov.uk/simple-health-safety/write.htm
2
"OSHA 1994". Dynamicconceptjb.com. N.p., 2016. Web. 1 Dec. 2016. Website:
http://dynamicconceptjb.com/OSHA1994.HTM
3
"Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website:
http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-
and-health-act-1994-act-514/file
4
"Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016. Website:
http://www.hse.gov.uk/toolbox/managing/writing.htm
Supervisor also have to maintain and provide a safety machinery, equipment and plant and
ensure employees know how to operate it with a correct way. This can help to reduce the
August 2016 semester Page 2
Employers and senior management will provide a minimum risk, injury and disease
occurrence workplace by engaging with employee’s health and safety conditions every day.

3. School of Architecture, Building & Design
risks and avoid accident occur. Furthermore, the storage room which place chemicals and
harmful staff should always be lock and require permission for workers to enter. Next,
ensure the workers wearing in a safety attire which provided by the employers. For example,
safety boots, helmets, high visibility clothing, masks, proper gloves, googles and more. Risk
and injury can reduce by improve lighting at the site, avoid wet flooring, take risk
assessment and ensure electrical safety. To prevent disease, supervisor should consult
worker’s health and always maintain the cleanliness of the site and the place their live.5
Revise the policy appropriately after the implement the policy. The employers and senior
management can revise the policy though the active and reaction monitoring. Active
monitoring is gain the feedback of the implementation of policy. It can identify the
effectiveness and legality of the implementation, workability of the safety system and
fulfilment to the requirements. While for reaction monitoring, it refers to RIDDOR. Which
means all injuries, disease and dangerous occur should be reported without delay.With
active and reaction monitoring, employers can revise the policy and ensure knowledge the
employees to keep them up to date.6
The case law for this section is Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168. The
appellant had opened thirty-one betting shops. All the shops had recruited less than five
employees. The appellant was prosecuted due to the reason of fail to formulate a safety
policy statement as the exception of reg.2 of the Employer’s Health and Safety Policy
Statements (Exception) Regulations 1975 cannot be applied. On appeal, Ormrod LJ argued
that the employers operating thirty-one separate businesses instead of single undertaking in
thirty-one shops. Therefore, exception of reg. 2 should be able to apply. There were five
employees recruited, two of them were relief staff and another three employees were present
at any one time. In this situation, the words “for the time being” in reg. 2 read as meaning of
“at any one time”. It means the undertaking had recruit less than five employees at any one
time. Conclusion, the appeal was successful as exception applied.7
265 386 383 392
5
"Construction Site Safety Guide | Rules, Regulations & Resources". Buildingsguide.com.
N.p., 2016. Web. 1 Dec. 2016. Website:http://www.buildingsguide.com/blog/construction-
site-safety-guide
6
"Reporting Of Injuries, Diseases And Dangerous Occurrences
(RIDDOR)". Midsuffolk.gov.uk. N.p., 2016. Web. 1 Dec. 2016.
Website:http://www.midsuffolk.gov.uk/business/environmental-health/health-and-safety-at-
work/reporting-of-injuries-diseases-and-dangerous-occurrences-riddor/
7
"Health & Safety Policy | Workplace Policy Advice | Healthy Working
Lives". Healthyworkinglives.com. N.p., 2016. Web. 1 Dec. 2016. Website:
http://www.healthyworkinglives.com/advice/Legislation-and-policy/Workplace-Health-and-
Safety/health-safety-policy
Question 2
August 2016 semester Page 3

4. School of Architecture, Building & Design
Section 24 (1) OSHA 1994 is explain about the employees should take responsibility to
ensure the health and safety of himself and also others who may affected by his actions in the
working area. Employees should cooperate with their employers in order to comply the Act
and prevent conviction from the court.
In section 24 (1) (a), it stated that all employees should take their responsibility to take care
of themselves from hazards and injury. At the same time, employees should be also
responsible to prevent creating any impact to other’s health and safety who directly affected
by their act or negligence. For example, a worker accidently pushes an equipment and the
equipment flow down from level 9, unfortunately the equipment hit another worker at the
ground floor and cause injury to his shoulder. In this case, the injured worker can sue the
worker for penalty or conviction the worker for serious injury due to the worker’s omission.
Reasonable care can also be discharge according to status of the employee. For example, a
worker was assigned to conduct a specific task which the worker has not enough experience
and it cause accident. In this situation, the inexperienced worker is liable for intentional
dangerous activity and the senior manager will be also liable for professional judgement
because the training provided to the worker is insufficient and real practise is not enough
under monitoring.9
In section 24 (1) (b), it stated that all employees should work together with their employers to
ensure themselves and others who may affected by their actions always in a health and safety
workplace. If the employers enforce the code of practice on prevention of drug abuse, alcohol
and substance in workplace, but some employees still take alcohol at workplace. They may
cause accident occur on the workplace. Hence, they will be considered as non-cooperative.10
In section 24 (1) (c), it explained about the employees should wear a safety attire and use
protective equipment which provided by employers to protect themselves from risk.
Employees should wear according to the training that provided by employers. For example,
employees are responsible to wear in safety attire by wearing helmet, safety boots and special
gloves when conducting an electrical work. Any problem like have not suitable size or spoil
helmet should report to the employers.
9
Chubb,. "Occupational Safety and Health Act (OSHA)". Slideshare.net. N.p., 2016. Web. 1
Dec. 2016.Website: http://www.slideshare.net/waklou/occupational-safety-and-health-act-
osha
10
Wahab, Norazira. "Website Department of Occupational Safety And Health Malaysia -
Implementation Of Code Of Practice On Prevention And Eradication Of Drug Abuse,
Alcohol And Substance In The Workplace". Dosh.gov.my. N.p., 2016. Web. 1 Dec.
2016.Website: http://www.dosh.gov.my/index.php/en/osh-info-2/occupational-health/395-
implementation-of-code-of-practice-on-prevention-and-eradication-of-drug-abuse-alcohol-
and-substance-in-the-workplace
In section 24 (1) (d), it stated that all employees should follow the rules and regulation and
the instruction on the occupational safety and health which established by their employers.
For example, safe operating procedure and safety precautions. The safety system which
August 2016 semester Page 4

5. School of Architecture, Building & Design
produced by employers had went through deep considerations in order to organize a safety
workplace under the strict management which able to reduce the risk and injury and maintain
the cleanliness and tidiness of the workplace.
In section 24 (2), it discussed about the penalty for the employees who fail to comply the
provisions of this section. The employees should feel guilty for their violation of this section.
They will be liable to pay a fine which is not exceeding one thousand ringgits when
conviction. For some serious cases, imprisonment for a term of not exceeding three months.
They can be penalizing on both depends on the cases.
The case law for this section is Hamzah D494 & Ors v Wan Hanafi bin Wan Ali [1975] 1
MLJ 203. This case law had sufficiently showed an employer take his/her reasonable care to
their employees by preventing any injury, loss and risk. The employees are not as a rule
required to guard against every conceivable result of their actions and they bound to practise
scientific care or take extra precaution to avoid accident or injury happened. The employees
always considered about the cost and difficulties of the precautions. Besides, the employees
were also understood about the impact that cause by injury. They were in general entitled to
assume others will follow the statutory regulations.11
11
"Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec.
2016.Website: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
References
"The Employers' Health And Safety Policy Statements (Exception) Regulations
1975". Legislation.gov.uk. N.p., 2016. Web. 1 Dec. 2016.Website:
http://www.legislation.gov.uk/uksi/1975/1584/regulation/2/made
August 2016 semester Page 5

6. School of Architecture, Building & Design
Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website:
http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-and-
health-act-1994-act-514/file
August 2016 semester Page 6

7. School of Architecture, Building & Design
Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website:
http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-and-
health-act-1994-act-514/file
August 2016 semester Page 6