CHAPTER 1

INTRODUCTION TO OCCUPATIONAL SAFETY AND HEALTH (OSH) LEGISLATION

AW 201 – OCCUPATIONAL SAFETY AND HEALTH 2

What is OSH ??????

Occupational Safety and Health is a condition in which an employee needs a work environment that is safe and healthy for themselves and others

who may be affected by its activities

Concept of OSH Occupational health and safety is a

cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment.

The goal of all occupational health and safety programs is to foster a safe work environment.

As a secondary effect, it may also protect co-workers, family members, employers, customers, suppliers, nearby communities, and other members of the public who are impacted by the workplace environment.

Concept of OSH (cont.)

It may involve interactions among many subject areas, including occupational medicine, occupational (or industrial) hygiene, public health, safety engineering, chemistry, health physics, ergonomics, toxicology, epidemiology, environmental health, industrial relations, public policy, industrial sociology, medical sociology, social law, labour law and occupational health psychology.

Types of occupational accidents:

i.Construction ii.Manufactoring iii.Plantation iv.etc.

Among the causes of accidents at work:

i. selfish attitude ii. underestimate the incidence

(memandang rendah insiden) iii. do not understand what exactly security iv. security interests of the people to

overcome individual

• Occupational safety and health (OSH) legislation is combination of two pieces of legislation :

a) Statutory Law

b) Common Law

a) Statutory Law

- Comprises of Acts and Regulations (akta & peraturan)

- Legislated by Government (digubal oleh kerajaan)- Violation of statutory law is crime (melanggar

undang-undang berkanun adalah jenayah)- Penalties and imprisonment (penalti dan penjara)- Prosecution by Government Officer (e.g. Deputy

Attorney General ) in Criminal Court (pendakwaan oleh Pegawai Kerajaan)

b) Common Law

- Judgments by Judges and the Civil Court- Enables the injured party to make claims against

the defaulting party (pihak cedera boleh buat tuntutan kepada pihak yang ingkar)

- Application for trial is made by the lawyer appointed by the injured person

- Upon conviction ( monetary compensation ) (sabit kesalahan – pampasan)

Law of Torts Law of Contract

Law of Tort

- Tort is a civil wrong- Allows the injured party to make a claim against

the party committing the wrongful act (Pihak yang cedera untuk membuat tuntutan terhadap pihak yang melakukan perbuatan salah)

- Classification of torts :

i) Nuisance (kacau ganggu)

ii) Negligence (kecuaian)

iii) Defamation (fitnah)

iv) Trespassing ( pencerobohan )

Importance of safety in workplace

- Workplace safety is essential for providing a safe environment in which employees can work with minimal risk to their health.

- A safe and healthy workplace has low risks of injuries or damage to property and low incidents of illness, injury and disability in its workforce.

- Safety programs reduce the potential for workplace injuries .

1. Moral

An employee should not have to risk injury or death at work, nor should others associated with the work environment.

2.Legal

Occupational requirements may be reinforced in civil law and/or criminal law; it is accepted that without the extra "encouragement" of potential regulatory action or litigation, many organisations would not act upon their implied moral obligations.

3.Economic

Many governments realize that poor occupational health and safety performance results in cost to the State (e.g. through social security payments to the incapacitated, costs for medical treatment, and the loss of the "employability" of the worker).

Employing organizations also sustain costs in the event of an incident at work (such as legal fees, fines, compensatory damages, investigation time, lost production, lost goodwill from the workforce, from customers and from the wider community).

Duty of care

- An employer has legal responsibilities to ensure the health and safety of its employees and others on the work site.

“ Employers are not exempted from the responsibility under duty of care even though he has assigned a competent person to execute the task”

(Wilsons and Clyde Coal vs English)

“ Employers are however , not responsible for any actions by the worker which do not fall within the scope of his job such as horseplay while at work ”

(Smith vs Crossley Bros Ltd)

Meaning of 'employer’ (according to 1994 Act)

Direct employer / the owner of an industry / a person with whom an employee has contract and services

Manager, agent, occupant , representatives, Government Departments, Local Authorities (PBT), Statutory Bodies (Badan Berkanun)

DUTIES OF EMPLOYER

as far as practicable….. provide and maintain safe plant and

system of work make arrangement for safe use,

operation, handling, storage and transportation of plant and substances

provide instruction, information, training and supervision

as far as practicable…… provide and maintain safe place of work

and means of access to and egress from any place of work

provide and maintain safe and healthy working environment and adequate welfare facilities

Who is 'employee’ (according to 1994 Act) ????

A person who is employed and be paid under the contract on or in connection with the industry

Employed directly by the employer Employed by the employer under the

supervision of the employer or his agent The services are lent or hired by the

employer

anez/jka/puo

Duty of employee

Reasonable care for safety and health of himself and others

Co-operate with employer and others Wear and use PPE Comply with instruction on OSH

Occupational Safety and Health 1994 (Act 514)

- was enacted on 25 February 1994 by the Duli Yang Maha Mulia Seri Paduka Yang DiPertuan Agong.

Objectives of Act :

To ensure the safety , health and welfare of persons at work

To protect others against risk to safety and health in connection with the activities of persons at work

To establish the National Council for Safety and Health

Employer’s responsibilities ( Part IV , Section 15 -19 )

Employee’s responsibilities ( Part VI , Section 24 -27 )

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Act 514Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Occupational Safety and Health (Safety and Health Officer) Order 1997Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

Guidelines Code of practice

Factory and Machinery Act 1967 (ACT 139)

- was enacted in 1967 as Act 64.- was revised on 1 April 1974 and amended to the

Law of Malaysia Act 139.

Objectives :

To provide control on factories to ensure the safety , health and welfare of person therein (workers).

For the purpose of registration and inspection of machinery and for matters connected therewith.

Contents of Acts :

Part I : Preliminary Part II : Safety, Health And Welfare Part III : Person In Charge And Certificates

Of Competency Part IV : Notification Of Accident, Dangerous

occurrence And Dangerous Diseases Part V : Notice Of Occupation Of Factory,

And Registration And Use Of Machinery Part VI : General

Department of Safety and Health (DOSH)

- The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources.

- responsible for ensuring the safety, health and welfare of people at work.

Role :

To study and review the policies and legislations of occupational safety and health.

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. 

To conduct research and technical analysis on issues related to occupational safety and health at the workplace.

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.

To become a secretariat for the National Council regarding occupational safety and health

( Source : www.dosh.gov.my )

National Institute of Occupational Safety and Health (NIOSH)

Role : to disseminate information to the industries as well as the public as whole by the infrastructure development and the information technology software . to organize and participate in various exhibitions, seminar and conferences held nationwide as well as advises and supports industries in their safety and health campaign activities. to consult and to meet the clients request in the effort of elevating OSH in the workplace as the preferred partner in industries.

(Source : www.niosh.com.my)

Social Security Organisation (SOCSO)

Role : Registration of employer and employee collecting contribution processing benefit claims make payment to the injured worker and their

dependents. provide vocational and physical rehabilitation benefits enhance occupational safety and health awareness of

workers.

( Source : www.perkeso.gov.my )

End of chapter……

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