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Chapter 1 - Intro To OSH Legislation

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COURSE OBJECTIVES
Define the concept of occupational safety and
health
Explain the history of occupational safety and
health
Explain the importance of safety in the
workplace.
Describe the major safety terminologies
Classify types of accident

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Occupational safety
and health (OSH) is
a basic human right
for safety at
workplace

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CONCEPTS OF OSHA
Accident prevention is an part of good
management and workmanship
Management and workers must cooperate
Top management must take the lead
A define and know safely and health policy
Organization and resources to achieve
policy
Best available knowledge and methods

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OSH is a cross- disciplinary
area concerned with
protecting the safety , health
and welfare of people engaged
in work or employment

What is OSHA?

It may also protect co-workers, family


member, employers, customer,
suppliers, nearby communities and
other members of the public who are
impacted by the workplace
environment
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HISTORY OF OSHA
Until 1970, there were no national laws safety
& health hazards
Several tragedies had occurred
The 1911 Triangle Shirtwaist Company fire in
New York City killed 146 of 500 employees
Production for World War 1 caused a crisis in
workplace safety and health conditions.
By the 1960s, 14000 workers died every year
and more than 2.2 million workers were not
able to work from injuries and illnesses
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HISTORY OF THE DEVELOPMENT
OF OSHA IN MALAYSIA
The Era of Boiler Safety before 1914
Around 1890s Perak state government
elected a personnel expertise in steam boiler
and was given a license as boiler surveyor

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HISTORY OF THE DEVELOPMENT
OF OSHA IN MALAYSIA
The Era of machinery safety-1914 to 1962
On 1 January 1914, all the steam boiler
enactments was replaced with Machinery
Enactment.
The inspector inspects the steam boiler and
any other machinery such as internal
combustion engine, water turbine and any other
auxiliary involved

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HISTORY OF THE DEVELOPMENT
OF OSHA IN MALAYSIA
The era of industrial safety-1953 to 1967:
All the machinery enactment used before
1953 was then replaced with Ordinal 1953.
The role of an inspector has expanded from
only inspecting the steam boiler to the safety of
workers in factories that uses machinery.

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HISTORY OF THE DEVELOPMENT
OF OSHA IN MALAYSIA
The era of industrial safety and health- 1970
to 1994:
Factories and Machinery Act 1970 was
approved by the parliaments.
To solve all the shortcoming of the Machine
Ordinal 1953, as the workers in a workplace
without machine previously are now being
protected under the new Acts.

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HISTORY OF THE DEVELOPMENT
OF OSHA IN MALAYSIA
The era of occupational safety and health-
1994 onwards
OSHA was enacted in 1994 emphasis on
addressing health hazards in the workplace
FMA 1967 emphasis on safety
OSH LEGISLATION
OSHA 194:- employers with more than 5
employees need formulate a written Health &
Safety Policy.
OSH: protecting :-
i. Safety
ii. Health
iii. Welfare

Goal:
i. to foster a safe work environment
ii. protect co-workers, family members,
customers, suppliers, nearby communities,
OSHA ACT PHILOSOPHIES

To assure safe & healthful working


conditions for working conditions for
employees by providing for research,
information, education & training in
the field of OSH
OSHA 1994
i. Provides the legislatives framework to
secure the safety, health & welfare
ii. Protect others against risks to safety or
health in connection with the activities at
work
iii. Enforced by the Department Of
Occupational Safety and Health (DOSH)
iv. Gazetted on 24th February 1994
AIMS OF ACT

i. To secure the safety, health & welfare of


persons at work
ii. To protect person at place of work other
than persons at work
iii. To promote an occupational environment
for persons at work which is adapted to their
physiological & psychological needs
iv. To provide the means whereby the
associated occupational S&H legislation
OBJECTIVES OSHA 1994
i. To increase awareness and knowledge
ii. To reduce the rates of workplace injuries
and associated fatalities
iii. To reduce the number of occupational lung
diseases, noise induced hearing loss, skin
diseases
iv. To minimise adverse impacts on efficiency,
productivity, & business performance
v. To promote S & H awareness and establish
effective safety organisation & performance
through self regulation schemes designed to
suit the particular industry or oganisation
EMPLOYERS RESPONSIBILITIES
Establish Safety & Health committee
Safeguard employee
Provide medical examinations
Provide training
Prevent risks to health
Set up emergency plans
Provide PPE/ tools & equipment

Find more employers responsibilities??


EMPLOYERS RESPONSIBILITIES
Granted to complain to OSHA bout S&H
conditions
Request information from employer on
emergency procedure
Report any injuries, strain or illnesses
Observe any monitoring or measuring of toxic
substances
Take responsible care of your own S&H

Find more employees responsibilities??


Factory and Machinery Act 1997
To control factories matters relating to:-
Factory and Machinery Act 1997
All machines must inspected by DOSH &
supervise under FMA 1967
Not apply to premises used by housing
vehicles or employ 5/ less persons

Control of factories with respect


FMA OSHA
Limited to factories Covers most works place
Prescriptive General principles
Government enforcement Self-regulation
DOSH
The Department of Occupational Safety and Health (DOSH) is a department
under the Ministry of Human Resources. This department is 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
sectors which include:

Manufacturing
Mining and Quarrying
Construction
Hotels and Restaurant
Agriculture, Forestry and Fishing
Transport, Storage and Communication
Public Services and Statutory Authorities
Utilities - Gas, Electricity, Water and Sanitary Services
Finance, Insurance, Real Estate and Business Services
Wholesale and Retail Trades

As a government agency, the department is responsible for the administration


and enforcement of legislations related to occupational safety and health of the
country, with a vision of becoming an organization which leads the nation in
creating a safe and healthy work culture that contributes towards enhancing the
quality of working life.
DOSH
Act FMA 1967 OSHA 1994
Known as Act 139 Act 514
Application Prescriptive Self regulations
Too dependent on Responsibilities to employer
government and employees
Consultation
Scope Only factories & machinery Occupational (as per
Schedule 1)
Exception On board ships On board ships
Armed Forces Armed Forces
Ministry Human Resource Human Resource
Department / Factory & Machinery Dept DOSH
Enforcement
Training & Research - NIOSH
Regulations 11 Safety 9 Policy/SHO/Chemicals
4 Health
2 Amendment (2004/05)
Guidelines - 49 (till end 2011)
DOSH ROLE PLAY

1. An administrator and enforce legislation


related to OSH
2. Ensuring Safety, Health & welfare of
employee are protected from hazards
3. Enforce activities on industries governed
by OSHA 1994 & FMA 1967
NIOSH
NIOSH is committed to ensure a safe and healthy working environment to
all employees and others involved in or affected by its operation taking
into account statutory requirement and relevant national and
international standards and codes of practices.
Implementation and effectiveness of this policy is a line management
responsibility together with the participation and involvement of all
employees and NIOSH will ensure that adequate resources, training and
time are made available.
OSH matter will be given equal priority with other major business
objectives.
Safety and Health management systems and programmes will be regularly
reviewed to ensure continuous improvement.
Humanistic approach will be adopted by NIOSH to promote a safe and
healthy work culture which employer and employees share the common
responsibility of creating a better work environment for all.
This policy will be monitored to ensure achievement of our objectives and
reviewed in light of legislative or organizational changes.
SOCSO

The Social Security Organization is an organization set up to


administer, enforce and implement the Employees' Social
Security Act, 1969 and the Employees' Social Security
(General) Regulations 1971.
The Social Security Organization provides social security
protection by social insurance including medical and cash
benefits, provision of artificial aids and rehabilitation to
employees to reduce the sufferings and to provide financial
guarantees and protection to the family.
SOCSO is the abbreviation for Social Security Organization. It
is commonly known in the Malay term as PERKESO or
Pertubuhan Keselamatan Sosial.
Importance of Safety in the
Workplace

Moral
An employee should not have to risk injury or
death at work , not should others associated
with the work environment

Legal
Occupational requirements may be reinforced in civil law or
criminal law it is accepted that without the extra
encouragement of potential regulatory action or litigation ,
many organizations would not act upon their implied moral
obligations
Economic
Many governments realize that poor occupational health and
safety performance results in cost to the state through social
security payments to the incapacitated , costs for medical
treatment and the loss of the employability of the worker . 26
SAFETY TERMINOLOGY
Accident
is an unforeseen & unplanned event or circumstance, often with lack of
intention.
Appointed Person
lifting operation (supervisor)
Competent Person
one who is capable of identifying existing and predictable
hazard in the surrounding
Danger
the threat of adverse events
Ergonomic
fitting a job to a person, help lesson muscle
Fire Precautions
precaution that are taken to prevent the likelihood of a fire
Fire Prevention
function of many fire department
First Aid
provision of initial care for an illness or injury
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SAFETY TERMINOLOGY
Hazard
situation that poses a level of threat to life,health,property or environment
Incident
an event or occurrence
Risk
potential of losing something of value
Safety
the condition of being protected of failure,damage,error,accident,harm,or any
other event
Safety committee
forum where health and safety problems can be identified and resolved
and where safe system and procedures can be developed and monitored
Safety Inspection
a health and safety inspector may visit your organisation to examine the
arrangements in place for controlling risk at work issues
Safety Policy
statements of the organization fundamental approach to achieve acceptable safety
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SAFETY TERMINOLOGY
Safety Representative
play an important role in representing the health & safety interest of workers in a
work group
Toxic
is the degree to which a substance can damage an organism
Toxin
a poisonous substance produced within organism
Workplace
Physical location where someone works

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WAYS TO FULFIL THE
EMPLOYEE'S RESPONSIBILITY
1. Avoiding unsafe actions

Walk, do not run


Do not joke, wrestle or fight with a co-
worker
Do not play with fire, electricity, compressed
air or water hose
Concentrate on your work, but be aware of
what is going on around you
Take note of the signs and barriers
Knowing your work area properly
Not bothering friend who concentrating on
work
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WAYS TO FULFIL THE
EMPLOYEE'S RESPONSIBILITY
2. Eliminating unsafe conditions
Slippery floor
Illumination not clear
Workplace messy and dusty
Damaged equipment
Plant or machinery no barriers or restrictions
Materials / goods stacked with unsafe conditions

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WAYS TO FULFIL THE
EMPLOYEE'S RESPONSIBILITY
3. Increase safety awareness
Attending safety training
Read news and memos about safety
Discuss security-toolbox meeting
Ask when something looks unsafe
Encourage others to work safely
Identify hazards before work
Communicate safer new techniques than common
practice

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THANK YOU FOR
BEING SAFE

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