Slide AW101 Chapter 2

AW101 Occupational Safety and Health 1

Prepared by Mohd Sharif, JKE POLISAS 1

AW101 Occupational Safety

And Health 1

Chapter 2 Occupational Safety &

Health Legislation

Contents• Understand the OSH legislation

– OSHA 1994 philosophies & objectives

– Employers' responsibility (Part lV, Sec.15-19)

– Employees’ responsibilities (Part Vl, Sec. 24-27)

• Factory and Machinery Act 1967

• Others OSH organization

• Department of Safety and Health( DOSH)

• National Institute of Occupational Safety and

Health( NIOSH)

• Social Security Organization (SOCSO)

3Prepared by Mohd Sharif, JKE POLISAS 4Prepared by Mohd Sharif, JKE POLISAS



Occupational Safety

And Health Act 1994

(Act 514)

Akta 514 Act 514Adobe Acrobat

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Prepared by Mohd Sharif, JKE POLISAS

Occupational Safety

And Health Act 1994

(Act 514)

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Regulation

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Philosophies & Objective (1-5)

• to promote and encourage occupational safety and health awareness among workers and to create organisation along with effective safety and health measures.

• carried out by self-regulation schemes that match the industry or related organisation

Microsoft Office

Word DocumentSource: http://www.dosh.gov.my/



• defines the responsibilities of employers, manufacturer, employees, self-employed workers, designers, importers and vendors

• three main principles

– first principle is self-regulation

– second principle is consultation

– The third principle is co-operationSource: http://www.dosh.gov.my/





• This Act 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

– The powers to enforce, to inspect and

the liabilities. Source: http://www.dosh.gov.my/



• 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.

Source: http://www.dosh.gov.my/



• industrial sectors that are covered :– Manufacturing

– mining and quarrying

– construction

– agriculture, forestry and fishing

– utilities - gas, electric, water and sanitary services

– transport, storage and communication

– wholesale and retail traders

– hotels and restaurants

– finance, insurance, real estate, business service

– public services and statutory authoritiesSource: http://www.dosh.gov.my/


Employers’ Responsibility• PART IV - GENERAL DUTIES OF EMPLOYERS AND

SELF-EMPLOYED PERSONS

• Section 15. General duties of employers and self-employed persons to their employees.

• Section 16. Duty to formulate safety and health policy.

• Section 17. General duties of employers and self-employed persons to persons other than their employees.

• Section 18. Duties of an occupier of a place of work to persons other than his employees.

• Section 19. Penalty for an offence under section 15, 16, 17 or 18.




Section 15 (1-3)

• General duties of employers and self-employed persons to their employees.

(1) duty of every employer and every self-employed person to ensurethe safety, health and welfare at work of all his employees.


Section 15 (2-3)(2) duty extends include in particular-

• (a) maintenance of plant and systems of work that are safe and without risks to health;

• (b) arrangements for ensuring, safety and absence of risks to health in use or operation, handling, storage and transport of plant and substances;

• (c) information, instruction, training and supervision as is necessary to ensure, the safety and health at work of his employees;

• (d) maintenance of condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it ;

• (e) maintenance of a working environment for his employees without risks to health, as regards facilities for their welfare 14Prepared by Mohd Sharif, JKE POLISAS

Section 15 (3-3)(3) For the purposes of subsections (1) and

(2)-• (a) "employee" includes an independent contractor engaged

by an employer or a self-employed person

• (b) the duties employer under subsections (1) and (2) extend to such an independent contractor and the independent contractor's employees in relation to -

• (i) has control; or

• (ii) would have had control but for any agreement between the employer or self-employed person and the independent contractor to the contrary.


Employee’ Responsibility• PART VI - GENERAL DUTIES OF EMPLOYEES

• Section 24. General duties of employees at work.

• Section 25. Duty not to interfere with or misuse things provided pursuant to certain provisions.

• Section 26. Duty not to charge employees for things done or provided.

• Section 27. Discrimination against employee, etc.




Section 24 (1-2)

• General duties of employees at work

(1) duty employee while at work-

(a) to take care for the safety and health of himself and of

other persons at work;

(b) to co-operate with his employer or any person in the discharge of any duty imposed by this Act or any regulation;

(c) to wear or use at all times any protective equipment or clothing provided by the employer;

(d) to comply with any instruction or measure on OSH instituted by employer under this Act.


Section 24 (2-2)

• General duties of employees at work

(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.


Section 25

• Duty not to interfere with or misuse things provided pursuant to certain provisions.

A person who intentionally, recklessly or negligently interferes with or misuses anything provided shall

be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not

exceeding two years or to both.


Section 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 any regulation made thereunder.




Section 27 (1-4)

• Discrimination against employee, etc.

(1) No employer shall dismiss an employee,

injure him in his employment, or alter his

position to his detriment by -

(a) makes a complaint about a matter 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.


Section 27 (2-4)


(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.


Section 27 (3-4)


(3) An employer who, or a trade union shall be guilty, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding one year or to both.


Section 27 (4-4)


(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:

(a) 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 person;

(b) an order that the employee be reinstated or re-employed 24Prepared by Mohd Sharif, JKE POLISAS



Factory And Machinery Act

1967

(Act 139)


Content of FMA 1967

• Applicable to manufacturing, Mining, Quarry & Construction

• Too limited in scope, too dependent on government

• Only concerns with inspection by authorities

• No provision for protection of health


Others OSH Organization


Dept. of Safety and Health




Dept. of Safety and Health 1/4

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• DOSH is a department under the Ministry of

Human Resources

• Responsible for ensuring the safety, health

and welfare of people at work as well as

protecting other people from the safety and

health hazards arising from the activities

• Responsible for the administration and

enforcement of legislations related to

occupational safety and health of the country



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Mission

To Secure Safety and Health at Work

Vision

To be the Ultimate Leader of Occupational

Safety and Health

Corporate Values

Firm, Fair and Friendly



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Objectivesto prevent industrial accidents and occupational

diseases by achieving the following by 2010:

�Reducing the rate of fatalities up to 20%

�Reducing the rate of reported accidents (death,

permanent loss of ability, temp.loss of ability) up to 20%

�Increasing enforcement investigations up to 100% and

promotional activities up to 200%;

�Increasing the number of Occupational Safety and

Health practitioners to 10,000 people



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Function 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. �To carry out promotional and publicity programs.�To become a secretariat for the National Council regarding occupational safety and health




National Institute Of OSH

http://www.niosh.com.my


National Institute Of OSH 1-2

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• Dec 1, 1992 (NIOSH) was launched

• Established on 24 June 1992 as a Company Limited by Guarantee,

• NIOSH Board of Directors comprises of 15 Board members, ten of which are appointed by the Government while the remaining are elected by NIOSH members during the Annual General Meeting (AGM).


National Institute Of OSH 2-2

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VisionTo be the Leading Centre of Excellence in

Occupational Safety and Health.

MissionTo be the preferred partner in enhancing

Occupational Safety & Health


Social Security Organization




Social Security Org. 1-4

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• (SOCSO) was established in 1971 under the Human Resources Ministry

• to implement and administer the social security schemes under the Employees' Social Security Act 1969 (Act 4),

• workers are protected against industrial accident including accident occurred while working, occupational diseases, invalidity or death due to any cause.



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• function includes 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.



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MISSIONSOCSO is committed to ensure socio-

economic security of all working Malaysian citizens including their dependants through Schemes Of Social Security and enhance

occupational safety and health awareness for employees well-being

VISIONIdeal and excellent social security leader



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SOCSO’s Protection Schemes1. Employment Injury Insurance Scheme

provides protection to employees who are involved in accidents

arising out of and in the course of his employment occupational diseases and also commuting accident.

2. Invalidity Pension Scheme. provides twenty four (24) hours coverage for workers from

invalidity or dies irrespective of the cause of death. The other objective is to ensure payments are made to workers and dependants when an unexpected incident occurs.




SOCSO Registration

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Jadual Caruman Perkeso

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