Chapter 2 osha legislation

1. FACTORIES AND MACHINERIES ACTS, 1967 (FMA)2. OCUPATIONAL SAFETY AND HEALTH ACT, 1994 (OSHA)

SHORTFALLS OF FMA 19671. Too prescriptive and rigid2. Insufficient protection against risk of

working at height and lifting operation3. Too little importance stressed on proper

use of plant and equipment4. No specific regulation on management of

work safety at construction sites

REGULATIONS UNDER FMA 1967Building Operations and Works of

Engineering Construction 1986 (BOWECS)

Imposes duties on employer to complyImposes duties on employee to comply

The contents of BOWECS Regulations 1986 include the general provisions on construction works activities; regulations on concrete work; structural steel and pre cast concrete assembly; cleaning; repairing and maintenance of roof, gutters, windows, louvers and ventilators; catch platforms; chutes, safety belts and nets; runaways and ramps; ladders and step-ladders; scaffolds; demolition; excavation works; material handling and storage, use and disposal; piling; blasting and use of explosives; and hand and power tools.

WHAT IS OSHA?

(OCCUPATIONAL SAFETY AND HEALTH ACT 1994 ACT 514)

An act to make further provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety and health in connection with the activities of person at work, to establish the National Council for Occupational Safety and Health and for matters connected therewith

Occupational Safety and Health Act 1994 (Act 514)

Was implemented on 25 February 1994

As a guideline used by public or private sectors in preparing the safety and health policy in their workplace

ABOUT OSHA

In this Act,

-the responsibility for OSH at workplace are shared between employers and employees

- moved from the era of direct government supervision to the era of self help and self regulation

-implying bigger and more active role for employers and employees

ABOUT OSHA

Aiming to improve the management and awareness of health and safety issues

In the long term, it aims to encourage the safety culture among employer and employee in the industry

To provide the means whereby the associated occupational safety and health regulations and approved industry code of practice operating in combination with the provisions of the Act, designed to maintain or improve the standards of safety and health

OBJECTIVES OF THE ACT

Part 1(4)

The objectives 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 any 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

Scope of this act covers all working people in sectors such as manufacturing, mining (quarry), construction, forestry and fishery, utilities including electricity, gas, water, sanitary services, transportation, storage and communication, wholesale and retail trades, hotels and restaurants, real estates and business services, finance, insurance, public services and statutory

However, it does apply to work on board ships and armed forces (S. 1 (3)) – they have their own ordinances.

SCOPE OF OSHA

CONTENTS

OSHA span over fifteen parts and three(3) schedule

This act enables measurers over existing health and safety regulationsComplement existing legislationIn the event of any conflict, the provision of OSHA shall prevail

(Sec. 2(1) “The provisions of this Act shall be in addition to and not in derogation of, the provisions of any other written law relating to occupational safety and health”)

Provides statutory guidelines on the duties of employers, employees, self-employed persons, designers, manufacturers and suppliers

Provides for the implementation of industry codes of practice and the making regulations

Sets out the frameworks of a policy making body, i.e. National Council for Occupational Safety and Health (NCOSH)

CONTENTS

Provisions for appointments of officers of NCOSH, safety policy design, steps taken to protect the workers

The very important of OSHA that departed form the earlier style of legislation is the application of the Act to “Persons at Work”.

This means that many more people who were previously not covered are now embraced by the provision of the act.

DUTY OF EMPLOYER

PART 1V SECTION 15 (1)

To ensure so far as practicable, the safety, health and welfare at work of all his employers

Part 1v 15 (2) extend the duty of employers which includes :

a) The provision and maintenance of plant and systems of work that are so far as practicable, safe and without risks to health

b ) Making arrangement for ensuring as far as practicable , safety and absence of risks to health in connection with the use of operation, handling, storage and transport of plant and substances

c) The provision of such information, instruction ,training and supervision as is necessary to ensure as far as practicable, the safety and health at work of his employees

d) As far as practicable, any place of work under control of the employer or self employed person, maintenance of it in a condition that is safe and without risks to health and The provision and maintenance of the means of access to and egress from it that are safe and without such risks

e) The provision and maintenance of a working environment for his employees that is so far as is practicable, safe, without risks to health and adequate as regard to facilities for their welfare at work.

b) The duties of an employers or a self employed person under subsection (1) and (2 ) extend to such an independent contractor and the independent self employed contractor’s employees in relation to matters over which the employer or self employed person

i) has controlii)would have had control but for any agreement between the employer or self employed person and the independent contractor to the contrary

PART IV (16)

DUTY TO FORMULATE THE OSH POLICY

To prepare the written statementAppropriately revise the written statementThe organization and arrangement for carrying out that policyRevision of policyNotify the employees

DUTY OF EMPLOYER

PART 1V (17)

(1) Duty of employer to person other than their employees

To conduct his undertaking in safe manner, as far as practicable and to inform about the risks associated with their undertakings to person other than their employees who may be affected

(2) To give person ,not being his employees, who may be affected by the manner in which he conduct his undertakings, prescribed information or such aspects of the manner in which he conduct his undertakings as might affect their safety/ health

DUTY OF EMPLOYER

PART 1V (18)

Shall take such measures as are practicable to ensure that the premises , all means of access thereto and egress there from available for use by persons using the premises , and any plant or substance in the premises or provided for use there, is or are safe and without risks to health

PENALTY FOR OFFENCE (15-18)

FINE : Not exceeding RM 50,000.00

IMPRISONMENT : Not exceeding 2 years

Or

BOTH

GENERAL DUTIES OF EMPLOYEES

Part VI 24(1) –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 of work;

b)To cooperate 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 thereafter;

GENERAL DUTIES OF EMPLOYEESc) to wear or use at all times any protective equipmentor 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

GENERAL DUTIES OF EMPLOYEES

24 (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

GENERAL DUTIES OF EMPLOYEESPart VI 25-Duty not to interfere with or misuse things provided pursuant to certain provisions

A person who intentionally, recklessly ornegligently interferes with or misuses anythingprovided or done in the interests of safety,health and welfare in pursuance of this Act shallbe guilty of an offence and shall, on conviction,be liable to a fine not exceeding twentythousand ringgit or to imprisonment for a term not exceeding two years or to both

GENERAL DUTIES OF EMPLOYEES

PART VI 26 – DUTY NOT TO CHARGE EMPLOYEES FOR THINGS DONE OR PROVIDED

No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of this Act or regulation made thereafter

GENERAL DUTIES OF EMPLOYEESPART VI 27 (1) –DISCREMINATION AGAINST EMPLOYEES,ETC

No employer shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee :

a)makes a complaint about a matter which he considers is not safe or is a risk to health;

(b) is a member of a safety and health committee established pursuant to this Act; or

(c) exercises any of his functions as a member of the safety and health committee

GENERAL DUTIES OF EMPLOYEESPART VI 27 (2)

No trade union shall take any action on any of its members who being an employee at a place of work :

a)makes a complaint about a matter which he considers is not safe or is a risk to health;

(b) is a member of a safety and health committee established pursuant to this Act; or

(c) exercises any of his functions as a member of the safety and health committee

GENERAL DUTIES OF EMPLOYEESPART VI 27 (3)

An employer who or a trade union which contravenes the provision of this section shall be guilty of an offence and shall on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding one year or to both

PART VI 27(4)

Notwithstanding any written law to the contrary, where a person is convicted of an offence under this section the Court may ,in addition to imposing a penalty on the offender, make one or both of the following orders.

4a) An order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as it thinks fit to compensate that persons

b) An order that the employees be reinstated or re-employed in his former position or , where that position is not available, in a similar position.

DUTIES OF EVERYONE The Act places duties on employers, self-employed people and employees to ensure that their work activities do not harm themselves or other people.

For forest operations, other peopleinclude visitors, people passing the operation, and the general public who may be in the vicinityof an operation.

Any person in control of a place of work (e.g. a principal, contractor or subcontractor) shallattempt to ensure that people there (or close by) are not harmed by any hazard resulting fromwork activities.

DUTIES OF SELF-EMPLOYED PERSONS

Self-employed persons shall take all practicable steps to ensure that no action or inaction whileat work harms either himself or herself or any other person.

Refer to Section 15, Part IV, OSHA 1994

EMPLOYER’S DUTIES: GENERAL

Under the Act, employers are required to:• provide and maintain a safe working environment;• provide and maintain facilities for the safety and health of employees;• ensure that machinery and equipment are safe for employees;• ensure that working arrangements are not hazardous to employees; and• provide procedures to deal with emergencies that may arise while the employees are at work;and• provide information, instruction, training and supervision as is necessary.

Employers have general duties, that relate to the management of particular hazard, e.g.• working at heights above three meter;• activities under raised objects;• earthworks and excavations;• harmful noise;• cleaning, maintenance and repair of machinery;• protective structures of self-propelled plant;• employment of young persons.Refer to Section 15, Part IV, OSHA 1994

EMPLOYER’S DUTY TO PROVIDE FACILITIES

Employers have a duty to maintain, keep clean and provide access to the following facilities,sufficient for the place of work:• washing facilities;• toilets;• drinking water;• first-aid equipment;• facilities for employees who become ill at work;• facilities for changing and storing clothes; facilities for meals.,• lighting;• emergency exit plans.

EMPLOYER’S DUTY TO INFORM EMPLOYEES,

Employers shall inform employees of:• the hazards they are exposed to or create while at work;• how to minimise hazards to themselves and other people;• where the necessary safety clothing and equipment are kept;• what to do if an emergency arises while they are working.Employers must also give employees the results of any monitoring of their health or theworkplace, without identifying individuals

EMPLOYER’S DUTY TO TRAIN AND SUPERVISE

• Employers shall take all practicable steps to ensure that employees who do any kind of work,or use plant, equipment or deal with any substance:• have the knowledge and experience to ensure that they and others are not harmed; or• are supervised by a person with the knowledge and experience to ensure that they and othersare not harmed; or• are adequately trained in the safe use of all:- plant;- objects;- substances;- protection clothing/equipment provided by the employer; that the employee may use.

EMPLOYER’S DUTY TO INVOLVE EMPLOYEES

Employers shall ensure that employees have an opportunity to be involved in the development ofprocedures for health and safety.

EMPLOYER’S DUTY WITH REGARD TO ACCIDENTS

Employers shall keep a register of every work-related:• accident;• dangerous occurrence;• occupational poisoning or occupational diseases; and near-miss incident (where someonemight have been harmed);• involving any person in a place of work.Employers are also required to:• investigate all accidents, dangerous occurrence, occupational diseases and near-missincidents;• determine the cause;• document remedial action taken;• notify DOSH of the accident, dangerous occurrence or diseases that occurs at a place of work:- by the quickest means as soon as possible;- and in writing within seven days.