OSH Legislation Assignment

1.0

TABLE OF CONTENT

lntroduction

l.l OSHA 1994 and Act xxx (2 pages)

1.2 Similarity and Differences Between OSFIA 1994 and Act XXX

Case Study (3 pages)

2.1 Facts of The Case

2.2 Legal Issues

2.3 Court Judgement

OSHA 1994 (2 pages)

3.1 Relate with our OSHA 1994

Recommendation (3 pagis;

- Refer to ourlfregulation, guidelines, order, code of practise

Conclusion / Summary (l page)

References

Appendix

Font: Times New Roman, 12

Spacing: Double spacing

Page Number: Bottom rigbt

FAJAR INTERNATIONAL COLLEGE

osH 100

Legislation

(Assignement Title)

Prepared For:

Lecturer Name : Jofina Pengiran

Prepared By:

Name: xxxxxxxxxxxxx

Batch: xx

Student ID No: xxxxxxxxxx

Telephone No :xxxxxxxxxxx

Email Address : xxxxxxxxx@xxxxx

2.0

3.0

4.0

5.0

List 5 of similarify: (l page)

OSFI,A 1994 ACT XXXII

3

4

5

List 5 of difference: (l page)

osFtA 1994 ACT XXXI2

3

4

5

EXAMPLE

Walter Roth VS Ok Tedi Mining Limited (1998) N

1 788

1.1 Facts of the case

In this case, the plaintiff had been erecting speakers inthe mill plant of the defendants with two assistants.When the plaintiff was working with the assistants, itwas the practice for one of them to hold the ladder atthe base as an anchor. On 25 February 1989, day thatthe accident occurred, the plaintiff's two assistantswere taken away by another employee with theconsent of the supervisor. When the plaintift protested,he was ordered to get on with the job, and given a

further warning that otherwise he would probably haveno job. The plaintiff then continued without anyassistant holding the ladder as anchor. The ladder wastoo wide for the outside rail to rest against the column.On the plaintiff's third ascent, the ladder slid fromunder him. He fell to the floor, with his left kneela nding heavily on one of the rungs. He consequentlysuffered a fractured knee and severe injuries whichultimately resulted in a permanent disability of 15percent loss of the use of his left knee.

1.2 Lega! Issues

Industrial Safety (Building Works) Order of theIndustrial Safety, Health and Welfare Act (Ch t75)

provide that; "A ladder shall, as far as practicable, besecurely fixed so that it cannot move either from thetop or from its bottom points of rest, or if it cannot beso securely fixed:

(a) It shall, when practicable, be securely fixedat the base; or

(b) If fixing at the base is impracticable, a

person shall be stationed at the base of theladder to prevent it from slipping."

From the evidence, Jalina J reasoned that the plaintiffhad been using the ladder and carrying out the work insafety for as long as the two assistants were with him.There was no evidence from the defendants that theladder was securely fixed either at the top or thebottom. As long as the assistant stood at the base ofthe ladder and supported it, the defendants compliedwith s 11(b) of the Order. As soon as the assistantswere taken away, on the other hand, the system ofwork became inherently dangerous, resulting in thebreach of their statutory duty. The defendants weretherefore both negligent and liable for breach of a

statutory duty.

1.3 Court's Judgment

Damages for the plaintiff were assessed in the amountof AUD$269,976, under the various heads of pain andsuffering, loss of amenities, past loss of income, future

loss of income, out of pocket expenses, and interest atB percent from the date of issue of the writ.

L.4 Comment

According to Section 15(1) Occupational Safety and

Health Act L994 General duties of employers and self-employed persons to their employees, it shall be theduty of every employer and every self-employedperson to ensure, so far as is practicable, the safety,health and welfare at work of all his employees. UnderRegulation LZ Factories and Machinery (Safety, Healthand Welfare) Regulation 1970, Working at heights-Where any person is required to work at a place fromwhich he will be liable to fall a distance of more thanten feet, means shall be provided to ensure his safetyand such means shall where practicable include the use

of safety belt or ropes. In this case, employer not onlytakes away the assistance to assist the employee butalso fail to provide any safety belt or ropes to theemployee, It should be under duty of care of employerto provide enough safety equlpment to employee toperform their job.

Where there is a possibility of serious harm from a fallof less than 2 meters, fall protection is still needed.Consideration should also be given to situations wherea person may slide down an inclined suface beforereaching a point at which a fall can occur. Theemployer shall determine that all walking/working

surfaces on which employees are to work have thestrength and structural integrity to suppott employeessafely. Each employee on a walking/working sufacewith an unprotected side or edge which is 2 meters ormore to a lower level shall be protected from falling bythe use of a guardrail system, safety net system, orpersonal fall-arrest system

According to Section 4 in Guidelines for the Preventionof Falls at Workplace Temporary Non-fixed Access

and Platforms, All ladders, steps, trestles and workingplatforms shall comply with the relevant MalaysianStandard or other accepted international Standard.Those that do not have a Standards mark are generallyof light construction and not suitable for use in a

workplace.. Ladders and steps used to gain access to a step-off point should extend 1 meter past the step-offpoint unless some other form of adequatehandhold is provided.. The ladder shall be secured against movementsliding at top and bottom while in use.. The single rung or step of a ladder should not be

used to suppoft one end of a plank upon which a

person has to work.. Ladders and steps are designed for the use ofone person only at any one time.

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