SOCSO ACCIDENT PREVENTION SEMINAR 2015 1 Amendment to OSHA 1994 and Migration of FMA 1967 25 Ogos 2015 PWTC, Kuala Lumpur
SOCSO ACCIDENT
PREVENTION SEMINAR
2015
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Amendment to OSHA 1994 and
Migration of FMA 1967
25 Ogos 2015
PWTC, Kuala Lumpur
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Occupational Safety and Health, 1994 (OSHA) • passed by Parliament, enacted and enforced
by DOSH since 1994.
• After 20 years, the amendment should be made in order to improve and facilitate
methods of ‘regulating behavior’ in safe working environment toward the safe work
culture.
Factories and Machinery, 1967 (FMA) • Amended in 2006 on new definition of the
machinery and plant, empowerment of
person/body to perform DOSH’s function.
Background
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To facilitate the industry with one act only
Application and Scope
Legalize all administrative requirement
Penswastaan (outsourcing)
OYK/FYK (Empowerment and accountability)
To strengthen existing Legislation
A
B
C
D
Why migration?
E
F
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Why migration?
F. To strengthen the existing legislation
1. Includes all industries
• Apply to all industries
2. Covers all industry player
• Developer (in const. industry) • Multi employer (contractor, sub
contractor etc)
3. Responsibilities &
accountabilities of industry
player
• Contractor, sub contractor • Outsourcing, Labour supplier
4. Empowering Majlis Negara
(MNKKP)
• strengthen the role & function of Pengerusi & Ahli MNKKP
• Broaden of MNKKP’s function
5. Legalize administrative work
• Provide enabler for OYK/FYK appointment
• Accountabilities of OYK/FYK
6. Increase the penalty rate
• RM 50k to RM500k
7. Improve the compound provision
• To facilitate better mechanism on compounding and appealing.
8. Provision for Rights of Employees
and Young Person
• Rights of Employees to remove himself from dangerous
environment.
• Young Person – not allowed to work in hazardous activity.
Self regulation element in
OSHA
New Act
- Prescribe as Regulation under New Act
- ICOP
Prescriptive section in
FMA
Prescriptive regulation under FMA
Maintain self-
regulation
approach in Main
Act but facilitate
by prescriptive
regulation,
technical
specification ,
ICOP and
guideline. 5
The process of migrating FMA, 1967 into OSHA 1994
Concept
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1
2
3
To provide legal provisions (enablers) to meet the
aspirations of the OSH development in Malaysia with the concept of self-regulating approach
Not all the provisions / regulations can be implemented simultaneously
There are provisions that require specific rules or
regulation i.e.
- Control of machinery
- Control of Competent Person
- Control of activities (sand blasting) - Implementation of Licensed Person
PROVISION AND ENABLER OF NEW ACT
Application
All industries in Sch. 1
Not apply
Merchant Shipping Ordinance 1952
Merchant Shipping Ordinance 1960 of Sabah
& Sarawak
Armed forces
Application
All industries
Not apply
Merchant Shipping Ordinance 1952
Merchant Shipping Ordinance 1960 of Sabah
& Sarawak Exempted Industries
(e.g. Armed Forces, domestic-
maid etc)
Published in Gazette (Order)
New Act
OSHA 1994
SCOPE
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Chairman:
1. Not only knowledgeable and experience but very passionate to lead and
championing MAJLIS ( and nation as a whole) to a better OSH
administration.
OSHA 1994 New Act
Sec. 9(2)
The Minister shall appoint from
among the persons mentioned in
subsection (1) a Chairman and a
Deputy Chairman of the Council
Chairman
• Have wide experience and special knowledge in matters relating to OSH
• Not from public officers, employers, member of any trade union or
member of the administration
Deputy Chairman
KSU KSM
Justification
MAJLIS : A – Chairman & Dep. Chairman
Deputy Chairman
1. Presume KSU will understand better the administration of OSH in
Malaysia (resources)
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–
Director General of DOSH is the most
knowledgeable person to advise / facilitate
member of NCOSH on Administration of OSH.
OSHA 1994 New Act
Sec. 12(1)
The Minister shall
appoint a public officer
from the office of the
Director General to be
the secretary to the
Council.
The Minister shall
appoint ‘Director General of DOSH’ to be the Secretary to the
Council
Justification
MAJLIS : B – secretary
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OSHA 1994
(persons)
New Act
(persons)
Employers 3
(organization
representing employer)
5
(representing employer)
Employees 3
(organization
representing employee)
5
(representing employee)
Ministry/Dept ≥ 3 5 ( incl. DG of Health)
Org./Professi
onal Bodies ≥ 3 incl. 1 woman
≥ 5 incl. 1 woman ED NIOSH + CE SOCSO +
Org./Professional Bodies
Total
12 < members < 15
(Include Chairman &
Dep. Chairman)
23 < members < 25
(Include Chairman,
Dep. Chairman &
Secretary)
MAJLIS : C – Other members
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Remove ‘organization representing employer’ and replace with ‘representing employer’: 1.Employers / employee can be from individual
and/or organization
2.To avoid organization from claiming that
membership is their exclusive right
3.Increment number of person (from 3 to 5) is
due to growth of industry
Primary criteria is to have wide experience
and special knowledge related to OSH
MAJLIS : C – Other members
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No Powers & Functions
1 Changes it considers desirable to occupational safety and health legislation
2 Improvement of administration and enforcement of occupational safety & health legislation
3 Fostering of a co-operative consultative relationship between management & labour on the safety, health & welfare of persons at work
4 Special problems with respect to occupational safety, health & welfare of women, handicapped persons & other groups in the community
5 Establishment of adequate methods of control of industrial chemicals at a place of work
6 Statistical analysis of occupationally related deaths & injuries
7 Provision of health care facilities at a place of work
8 Fostering of the development & adoption by law of industry codes of practice related to
occupational safety, health & welfare
9 Development of rehabilitation plans & facilities to assist persons injured at a place of work
10 Cooperative relationship between Gov., employers & employees
11 Research & publication on OSH
12 Training & education on OSH
13 Promotion of OSH
NEW !
NEW !
NEW !
NEW !
Government shall provide sufficient
funds for NCOSH annually to enable
the NCOSH to perform its function and
exercise its power under this Act
MAJLIS : D - Power & Function
OSHA 1994
• none
New Act
• With recommendation of DG, Minister may grant licensed on
such conditions and limitations to
any person to perform any
function specified in this Act as
the functions of a Licensed
Person
• Minister may make a regulation
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Justification
To facilitate or provide provision on empowerment of
Licensed Person to perform any function specified in this
Act in future
APPOINTMENT OF LICENSED PERSON (LP)
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Justification To facilitate or provide provision as an enabler for
requirement on registration of factories and
machinery
FACTORY AND MACHINERY
OSHA 1994
• none
New Act
• Occupier had duties on place of work, plant and substances
• Notification of place of work (factory)
Definition of Machinery
Certificated Machinery
Steam Boiler
Pressure Vessel
Lifting Machine
Lift
Hoist
Crane Other
Machinery
Will exclude
‘low risk machinery
General
machinery
Definition of MACHINERY
Board of Appeal
DG DOSH NOI & NOP
Prohibition Against Use of
Plant / Substance
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• Appointed by Minister •Case by case basis •Meeting allowance • Chairman = Member of NCOSH
OSHA FMA
Appeal Committee
Panel of Competencies
Competencies
• Appointed by DG • Meeting allowance
Written Exam /
Oral / Audit e.g: Lembaga
Penilaian
Kompetensi
BOARD OF APPEAL & PANEL OF COMPETENCIES (NEW)
NEW
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Justification 1.To provide platform for appealing
purposes
2.Recognizing capacity and knowledge of
NCOSH
BOARD OF APPEAL & PANEL OF COMPETENCIES (NEW)
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Justification:
• To cater multilayer employment of business situation nowadays
• Input from prosecution case • Segregation of responsibilities for each of duty holder is
spell out clearly
OSHA 1994
• Employer – Immediate
Employer
– Principal Employer
New Act
• Employer – Immediate Employer - Principal Employer
• Principal Contractor • Contractor, Subcontractor • Occupier
DUTY HOLDER: DUTIES & RESPONSIBILITIES
OSHA 1994
No specific provision to conduct risk assessment
New Act
New provision is added to give duty to Employer, Self Employed Person
and Principal Contractor to
conduct HIRARC
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Justification To promote preventive culture
HIRARC
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OSHA 1994
Done administratively
New Act
Power of DG DOSH to appoint Competent Person and Penalty
Competent Person’s
accountability
Justification:
• To legalize the Competent Person appointment • To provide framework on administration of competency • Competent Person are more responsible towards their
job
COMPETENT PERSONS & CERTIFICATE OF COMPETENCY
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OSHA 1994
Any compound
need consent from
PUU
New Act
Power of DOSH officer to issue compound on
compoundable offences (max: RM
3000)
Justification:
• To remind offender on their responsibilities
COMPOUND
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1
2
3
Hazard Identification, Risk Assessment & Risk
Control
NADOOPOD
Safety & Health Policy
COMPOUNDABLE OFFENCES
4 Employment of Safety & Health Officer
5 Establishment of Safety & Health Committee
Others will be stipulated in each ‘proposed’ regulation
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Item OSHA 1994 New Act
General Penalty RM10k RM100k
- Imprisonment 1 year
Employer Duties RM 50k RM 500k
Imprisonment 2 years Imprisonment 3 years
Employees Duties RM 1k RM 2k
- Imprisonment 3 months
OYK - RM 50k
- Imprisonment 1 year
FYK - RM 200k
- Imprisonment 2 years
Compound - RM 3k
Non-compliance of
Notice
RM 50k RM 500k
Imprisonment 5 years Imprisonment 3 years
Daily continuous offence – RM 500
Daily continuous offence – RM 2k
PENALTY
No. Subject Matters Adapted
from?
1 Factories & Machinery (such as PUWER,UK) FMA
2 FYK FMA
3 Enquiries FMA & OSHA
4 Licensed Person FMA
5 Training OSHA
6
OYK/SHO/MO
(Noise, OHD, Lift, AESP, SSS, Designated Person-Formwork,
CHRA, MH, IAQ, HT1, Auditor, SHO)
FMA & OSHA
7 Risk Assessment New !
8 OSHMS New !
9 CIMAH New !
10 Construction Work New !
11 SSI New !
12 Auditor New ! 24
Justification
1. To provide power of Minister to make Regulation
2. To provide an enabler for such Regulation
POWER OF MINISTER TO MAKE REGULATIONS
THANK YOU
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