Chapter 02- OSHA Legition

Chapter 2:Occupational Safety And Health Legislation

COURSE OBJECTIVES

Understand the OSH legislation. Understand Occupational Safety and

Health Act 1994 (OSHA 1994).

INTRODUCTION

OSHA in Malaysia is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforces and to protect others against risks to safety or health in connection with the activities of persons at work

Gazetted on 24th February 1994

PHILOSOPHY

Responsibilities to ensure safety and health at the workplace lies with those who create the risk those who work with the risk.

OBJECTIVES OF OSHA 1994 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

protect person 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

promote an occupational environment for persons at work which is adapted to their physiological and psychological needs

provide the means whereby the associated occupational safety and health legislation 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.

UNDERSTANDING OSHA 1994

The Act contains 67 sections, divided into 15 parts and appended with 3 schedules.

The first three parts state the objects of the Act and provide the infrastructure for appointment of officers and the National Council.

Part IV to VI provides the general duties for those who create the risks e.g. employer, self-employed person, designer, manufacturer, supplier, etc and those who work with the risks i.e employees.

EMPLOYERS’ RESPONSIBILITY (PART IV, SECTION 15-19)

Provide a workplace free from recognized hazards and comply with OSHA standards

Provide training required by OSHA standards

Keep records of injuries and illnesses

Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records

EMPLOYERS’ RESPONSIBILITY (PART IV, SECTION 15-19)

Not discriminate against workers who exercise their rights under the Act (Section 11(c))

Post OSHA citations and abatement verification notices

Provide and pay for PPE (personal protective equipment )

EMPLOYEE’S RESPONSIBILITY (PART VI, SECTION 24-27)

Right to a safe and healthful workplace Right to know about hazardous chemicals Right to information about injuries and

illnesses in your workplace Right to complain or request hazard

correction from employer Right to training

EMPLOYEE’S RESPONSIBILITY (PART VI, SECTION 24-27)

Right to hazard exposure and medical records

Right to file a complaint with OSHA

Right to participate in an OSHA inspection

Right to be free from retaliation for exercising safety and health rights

Worker responsibilities

FACTORY AND MACHINERY ACT 1967 Factory refers to places where persons

are employed in manual labor related to making, altering, repairing, cleaning and similar activities carried out for the purposes of trade or business.

The Act does not apply to premises used for housing vehicles where only minor cleaning and repairs are carried out, or to any premises that employ five or less persons.

FACTORY AND MACHINERY ACT 1967

Contoh: Section 36 of FMA 1967 (1) Tiada seorang pun

boleh memasang atau menyebabkan untuk dipasang apa-apa jentera kecuali dengan kelulusan bertulis pemeriksa dan bagi maksud mendapatkan kelulusan itu hendaklah dikemukakan kepada Pemeriksa butir-butir sebagaimana yang ditetapkan.

DEPARTMENT OF SAFETY AND HEALTH (DOSH) Under the Ministry of Human

Resources Malaysia Enforcement and promotional works

that employers, self-employed persons, manufacturers, designers, importers, suppliers and employees always practice safe and health work culture, and always comply with existing legislation, guidelines and codes of practice

DEPARTMENT OF SAFETY AND HEALTH (DOSH) Formulate and review legislation,

policies, guidelines and codes of practice pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at work.

NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH) Carried out various training activities

such as courses, workshops and seminar in order to fulfill the industries’ workforce needs and wants.

The courses were conducted at NIOSH or at the clients’ premises.

NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH) Also offers certificated and trainers

courses in compliance with the Occupational Safety and Health Act (OSHA) 1994 and its regulations

Involved in research activities which are done in accordance with its Memorandum and Acts “to conduct short and long term research projects on occupational safety and health which will benefit the country

NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH) Offers consultation and the used of its facilities to students doing their research whether as a requirement for their degree, master or doctorate.

NIOSH Hostel Management Unit is responsible in managing the hostel, cafeteria and other facilities

SOCIAL SECURITY ORGANIZATION (SOCSO) Registration of employer and

employee, collecting contribution, processing benefit claims and make payment to the injured worker and their dependents.

Provide vocational and physical rehabilitation benefits and enhance occupational safety and health awareness of workers.

CONCLUSION

OSHA is about OSH management, and the responsibility to ensure the safety and health of: The persons at work, and Other people who might

be affected by activities of people at work