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CHAPTER 1

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CHAPTER 1

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  1. INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH 1.1 CONCEPT OF OCCUPATIONAL SAFETY AND HEALTH 1.1. OSH Legislation OSH 1994(Act 154) is an act to make further provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National Council for Occupational Safety and Health, and for matters connected therewith. The new legislation on occupational safety and health was made in the year 1994. Occupational Safety and Health Act 1994 (Act 514) was approved by the Parliament in 1993 and was gazetted on February 1994. This legislation was made considering the fact that the Factory and Machinery Act 1967 only covers occupational safety and health in the manufacturing, mining, quarrying and construction industries, whereas the other industries are not covered. Workers that are covered by Factory and Machinery Act 1967 consists only of 24% of the nation’s total man power, while Occupational Safety and Health 1994 would cover 90% of the nation’s total man power and would exempt those working on ships and in the armed forces. The purpose of Occupational Safety and Health Act 1994 is to promote and encourage occupational safety and health awareness among workers and to create organisation along with effective safety and health measures. This would be carried out by self-regulation schemes that match the industry or related organisation. This Act, which contains 15 section, is a measure that supersedes any conflict in existing occupational safety and health laws such as the Factory and Machinery Act 1967. The Occupational Safety and Health Act 1994 complements any existing legislative provision and if there are any conflicts, the Occupational Safety and Health Act 1994 will overcome it. This Act also defines the responsibilities of employers, manufacturer, employees, self-employed workers, designers, importers and vendors. Even though those responsibilities are general, it would still need serious attention and would carry all kind of liabilities.

  2. There are many legislation that are connected to OSH: 1.Act – Factories And Machinery Act 1967 (Revised - 1974) (Act 139), Occupational Safety And Health Act 1994 (Act 514), Petroleum Act (Safety Measures) 1984 (Act 302) 2.Regulation - Regulations Under Factories and Machinery Act 1967 (Act 139), Regulations Under Occupational Safety And Health Act 1994 (Act 514), Regulations under the Petroleum (Safety Measures) Act 1984 [ Act 302 ] 3.Order – Occupational Safety and Health (Safety and Health Officer) Order 1997, Occupational Safety and Health (Prohibition of Use of Substances) Order 1999 4.Code Of Practice - Code Of Practice For Safe Working In A Confined Space, 2001,Industry Code of Practice for Safe Working in Confined Space 2010 5.Guideline - Guidelines For The Preparation Of A Chemical Register - 2000 Guidelines On Occupational Safety And Health In The Office - 1996 1.2. Safety in Workplace 1.2.1 Duty of care An employer has a duty (the employer's general statutory duty of care) to ensure, as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer's business. A self-employed person owes him/herself the general statutory duty of care. An employer must carry out the general statutory duty of care by proceeding, in a systematic way, to: 1.identify hazards; and 2.identify, and assess the seriousness of, risks resulting from the hazards; and 3.determine appropriate risk management measures: 4. eliminate, as far as reasonably practicable, avoidable risks; and 5. minimize, as far as reasonably practicable, unavoidable risks; 6. carry the risk management measures into effect; 7. monitor and review the effectiveness of the measures. Duties in regard to workplace An employer has a duty to take all reasonably practicable measures to ensure that the workplace, and the means of entering and leaving it, is safe. The duty extends, to the extent that may be appropriate in the circumstances, to:

  3. an owner or occupier of the workplace; and a person who designs, constructs, Manufactures, imports, installs or supplies a workplace or any part or component of a workplace. Duties in regard to workplace infrastructure, equipment and materials An employer has a duty to take all reasonably practicable measures to ensure that: workplace infrastructure or equipment, and workplace materials, are safe; and workers are, where necessary, properly instructed in the use, and warned about risks involved in the use, of workplace infrastructure or equipment, and workplace materials; and if workplace materials are poisonous – adequate toxicological information is available. 1.3. Statutory Requirement 1.3.1 Objective of OSH 1994(Act 154) The objects of this Act are- (a)to 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; (b) to protect persons 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; (c) to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs; (d) to provide the means whereby the associated occupational safety and health legislations 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. 1.3.2 Employer’s Responsibilities Employers must ensure the safety, health and welfare of their employees. To comply, employers must; 1.Provide or maintain equipment and systems of work that are safe and with out risks to health.

  4. 2.Ensure that equipment and substances are used, stored and transported safely and without risks to health. 3.Provide information, instruction, training and supervision that ensure the safety and health of employees. 4.Maintain their workplace in a safe condition including entrances and exits. 5.Employers must also ensure the safety and health of visitors to the work places. 1.3.3 Employee’s Responsibilities Section 24. General duties of employees at work. It shall be the duty of every employee while at work- (a) 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; (b) to co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made thereunder; (c) to wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health; and (d) to comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act or any regulation made thereunder. (2) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both. 1.3.4 Factory and Machinery Act 1967 Section 25 of the Factories and Machinery Act 1967 (Act 139) and Regulation 38 of the Factories and Machinery (Safety, Health and Welfare) Regulations 1970 state the scope of responsibility of an occupier with regards to first-aid provision. The scope includes: 1.providing and maintaining a first-aid box or cupboard of such standard as may be prescribed and ensuring the box is readily accessible at all times;

  5. 2.assigning the responsibility to upkeep a first-aid box or cupboard to a responsible person, and for a factory with more than 20 persons employed, specifying that the responsible person should be proficient in first-aid treatment; and 3.providing and maintaining a first-aid room in a factory where more than 50 persons are employed. 1.4 Role of Safety and Health Organization in Malaysia 1.4.1Department of Occupational Safety and Health OSHA Act 1994 also provide for the appointments of enforcement officers, establishment of National Council for Occupational Safety and Health, formation of policy and arrangement of measures to protect safety, health and welfare of people at work and others who might be endangered by the activities of people at work. The powers to enforce, to inspect and the liabilities for breaking the law are also clearly defined. With the approval of this Act, starting from April 1994 the Department of Factory and Machinery has been renamed as the Department of Occupational Safety and Health (DOSH) and the Inspectors are called Occupational Safety and Health Officers. The function of this department is: 1.To study and review the policies and legislations of occupational safety and health. 2.To enforce the following legislations : A) Occupational Safety and Health Act 1994 and its regulations. B) Factories and Machinery Act 1967 and its regulations. C) Part of Petroleum Act 1984 (Safety Measures) and its regulations. 3. To conduct research and technical analysis on issues related to occupational safety and health at the workplace. 4. To carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health. 6. To become a secretariat for the National Council regarding occupational safety and health

  6. 1.4.1 NIOSH December 1, 1992 marked a new era in the promotion of Occupational Safety and Health in Malaysia. On this day the National Institute of Occupational Safety and Health (NIOSH) was launched, after careful preparation and commitment from all parties to improve the safety and health of workers at the workplace in Malaysia. In the words of the Minister of Human Resources, Malaysia, NIOSH would be a "critical catalyst" in the promotion of occupational safety and health that would also serve as the "backbone" to create a "self-regulating occupational safety and health culture" in Malaysia. NIOSH was established on 24 June 1992 as a Company Limited by Guarantee, under the Malaysian Companies Act, 1965. NIOSH organizes and participates in various exhibitions, seminar and conferences held nationwide as well as advises and supports industries in their safety and health campaign activities. As information is essential in realizing the goal of a safe and healthy workplace environment, NIOSH actively undertakes Information Dissemination activities to reach out to the public with the hope to inculcate safe and healthy work culture. 1.4.2.SOCSO SOCSO was established in1971 to implement and administer the social security scheme under the Employee’s Social Security Act 1969 (Act 4). Under the scheme, worker are protected against industrial accident including accident occur while working, occupational diseases, invalidity or death due to any cause. SOCSO function including registration of employer and employee, collecting contribution, processing benefit claim and make payment to injured worker and their dependents. SOCSO also provide vocational and physical rehabilitation benefits and enhance occupational safety and health awareness of worker.

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