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School of Architecture, Building & Design
Occupational Safety and Health Management (MGT 61003)
Individual Assignment
Stud...
School of Architecture, Building & Design
According to section 16 of Laws of Malaysia Act 514 Occupational Safety and Heal...
School of Architecture, Building & Design
Question 6
According to Section 24 of Laws of Malaysia Act 514 Occupational Safe...
School of Architecture, Building & Design
References
1. Summary Guide of OSHA Regulations and Requirements. (n.d.). Retrie...
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Resubmission individual assignment

OSHA

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Resubmission individual assignment

  1. 1. School of Architecture, Building & Design Occupational Safety and Health Management (MGT 61003) Individual Assignment Student Name: VOON SZE LUN Student ID No: 0315032 Lecturer: TAN HEE CHAI Date of Submission: 23th January 2017 Word Count: 1050 words Question 5 August 2016 semester Page 1
  2. 2. School of Architecture, Building & Design According to section 16 of Laws of Malaysia Act 514 Occupational Safety and Health Act 1994, it stated that except in such cases as may be prescribed, it will be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organisation and arrangements for the time being in force for carrying out the policy, and to bring the statement and any revision of it to the notice of all of his employees. In another meaning of it, it is about compel employers in Malaysia to have a Safety and Health Policy. Under section 16, it also stated that, all the employers or self-employed person except those who have not more than five employees under them which mentioned in Occupational Safety and Health Regulations 19951 . Thus, there are three important components under this policy that it is a general policy statement about employer’s commitment to health and safety outlining the overall intent and philosophy. Besides that, it was also a statement for the organization to carry out the policy in hierarchical management structure which shows the safety and health responsibilities start from the top management part to the shop floor. It also includes some information on the persons in the organisation responsible in order for their duties and occupational health and safety. Other than that, the policy also include the information on how the arrangement made to make sure that the policy is implemented. The elements that should be included in those arrangements are health and safety training, safe systems of work, accident reporting and investigations, inspections, permits to the work system and emergency procedures. (Guidelines on Occupational Safety and Health Act, 1994) The written policy should be placed and displayed at strategic spots for example the main entrance and general notice boards in order to make sure the policy is brought to the attentions of employees and can be seen by all the employees. Besides that, there is a case2 that the appellant was prosecuted for failing to provide a safety policy statement on the ground which addresses about the questions of when to provide a written safety policy. Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168 As reference, in this case it states that the appellant has owned and controlled 31 betting shops. In one shop fewer than five people were normally employed. The appellant was prosecuted for failing to provide a safety policy statement on the ground that the appellant’s undertaking comprised all the betting shops and so the exception provided in reg. 2 of The Employer’s Health and Safety Policy Statements (Exception) Regulations 1975 did not apply. On appeal, Ormrod LJ held that in order to ascertain if the shop in question was a separate undertaking one should consider whether the employer was carrying on 31 separate businesses or whether the employer was carrying on a single undertaking in 31 shops. It was a question of fact as to which category the relevant premises fell into. On the separate issue of whether, for the purposes of reg. 2, two people who, at different times, stood in for off-duty personnel, could be counted, the court was of the opinion that they could not on the basis that the phrase ‘for the time being’ in reg. 2 meant at any one time. (612 words) 1 Occupational Safety and Health (Employers Safety and Health General Policy Statements) (Exception) Regulations 1995 have come into force on the 25th February 1994. 2 Written safety policy case law of Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168. August 2016 semester Page 2
  3. 3. School of Architecture, Building & Design Question 6 According to Section 24 of Laws of Malaysia Act 514 Occupational Safety and Health Act 1994, it stated that the duty of every employee while at work is to take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work. Besides that, employee also must co-operate with his employer or any other persons in the discharge of any duty. Cooperation between employer and employees and other persons at work is essential which mentioned under the Act to establish a healthy and safe workplace. However, if the employer has set up a safe system of work and the employee is still endangers himself through his misconduct will be considered as non-cooperative. Other than that, employee should use and wear any protective equipment or clothing provided by employer at all times because it is one of the duty of the employees. Employees should inform their employer if the equipment is found not to be suitable by employees. Lastly, all employees shall comply with any instructions3 or measure on occupational safety and health instituted by his employer. Therefore, every employees have a duty to take reasonable care among themselves to avoid ainjury during their work activities. However under Section 24(2) it stated that if a person who contravenes the provision of Section 24 shall be guilty of an offence and will be liable to a fine which is not exceeding RM1, 000 or to imprisonment for a term which is not exceeding 3 months or to both. There is one case4 that related to reasonable care which the persons in work will comply with the statutory regulations because they should be able to weigh the cost and difficulties of the precautions and also understand the probability of injury during the work. Hamzah D494 & Ors v Wan Hanafi bin Wan Ali [1975] 1 MLJ 203 As reference, in this case it stated that Wan Suleiman FJ in ordinary circumstances, or where simple operations are being performed, persons are not as a rule required to guard against every conceivable result of their actions, nor are they bound to exercise scientific care or to take extravagant precautious. They must have regard both to the probability of injury resulting, and to the probable seriousness of the injury. They may weigh the cost and the difficulties of the precautions. They are in general entitled to assume that others will comply with statutory regulations. (438 words) 3 As the instructions stated in the ‘Safe Operating Procedure’ which provided by the employers. 4 Hamzah D494 & Ors v Wan Hanafi bin Wan Ali [1975] 1 MLJ 203. August 2016 semester Page 3
  4. 4. School of Architecture, Building & Design References 1. Summary Guide of OSHA Regulations and Requirements. (n.d.). Retrieved January 19, 2017, from http://www.ehso.com/oshaoverview.php 2. Occupational safety and health act 1994. Retrieved January 19, 2017 from http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-and- health-act-1994-act-514/file 3. OSHA Law & regulations. Retrieved January 19, 2017 from https://www.osha.gov/law-regs.html August 2016 semester Page 4

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