Chapter 2-2 - OSHA Act 1994
Chapter 2-2 - OSHA Act 1994
Chapter 2-2 - OSHA Act 1994
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Act 514, OSH 1994
• Wider scope – covers all workers in all economy related activities excluding :
those working on
board ships governed
by Merchant
Shipping Ordinance Armed forces
1952
• The legislation requires all employers with more than five employees to formulate
a written Safety and Health Policy of their workplaces.
• The Act sets out the responsibilities of the employers and employees in
maintaining a safe and healthy working environment
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Objectives of OSHA
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OSHA 1994 – First schedule
First Schedule
Finance, insurance,
Agriculture, forestry
real estate &
& fishing
business service
Utilities: Electricity,
Public services &
gas, water
statutory authorities
& sanitary service
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Philosophy of OSHA
RESPONSIBILITY –
on the one who
create the risk &
work with the risk
Concept
of
OSHA
1994
CONTROL
MEASURES –
“as best as PLACE OF WORK –
employer premises where
provide” persons work
Depends on or use for storing
severity,
Cost & suitability
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Philosophy of OSHA
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OSHA framework
Act 514
Occupational Safety and Health Act 1994
Occupational Safety and Health (Safety and Health Officer) Order 1997
Occupational Safety and Health (Prohibition of Use of Substance) Order 1999
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General Duties of Employers and Self-Employed Persons (Section 15)
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General Duties of Employers and Self-Employed Persons
Maintenance of
Plant & system
of
work
Ensure safety
Provide & During
maintain operation,
Safe working Handling,
environment Ensure safety, storage &
health and transport
welfare at
work
- Section 15
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General Duties of Designers, Manufacturers and Suppliers
So far as is practicable:-
• To ensure plant / substance is designed and constructed to be safe and
without risk to health when properly used
• Arrange for carrying out testing and examination
• Adequate information
• For designers and manufacturers:-
– arrange for research to eliminate or minimize hazards
– Safe erection and installation
Penalty for person contravenes the provisions is fine not exceeding
RM20,000 or to imprisonment for a term not more than 2 years or both.
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General Duties of Employees (Section 24)
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Duty not to discriminate against employee
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Notification of Accident, Dangerous Occurrence, Occupational Poisoning
& Occupational Diseases & Inquiry
» An employer shall notify the nearest OSH office of any accident, dangerous
occurrence, occupational poisoning or occupational disease which has
occurred or is likely to occur at the place of work.
» Every medical officer attending to a patient whom he believes to be suffering
from any of the diseases listed in the Third Schedule of the FMA1967, or any
disease named in any regulation or order made by the Minister under this
Act, or occupational poisoning shall report the matter to the Director
General.
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Notification of Accident, Dangerous Occurrence, Occupational Poisoning
& Occupational Diseases & Inquiry
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Prohibitions against use of plant or substance
» Director General may by order published in the Gazette prohibit the use of
any plant or substance which in his opinion is likely to affect the safety and
health of persons and work.
» But before making the order, he should consult any Government department
or other body which appears to him to be appropriate.
» Where the Director General proposes to exercise his power, he shall consult
any Government department or other body which appears to him to be
appropriate.
» A person who is aggrieved by this order may, within 30 days of the order,
lodge an appeal with the secretary to the Council who shall transmit the
appeal to an appeal committee appointed by the Minister.
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Enforcement and Investigation
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Enforcement and Investigation
If the officer judge that a plant or substance has cause or likely to cause a
danger to safety and health, he may :
• Dismantle or/and make a test
• Take control of a plant or substance and detain it for so long as is
necessary for all or any of the following purposes:
to examine it and do to it anything which he has power to do;
to ensure that it is not tampered with before his examination of it is
completed;
to ensure that it is available for use as evidence and proceedings for an
offence under this Act .
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Enforcement and Investigation
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Enforcement and Investigation
» Magistrate when informed that there is in a place of work or residential place any
article, thing, book, document, plant, substance, installation commit an offence,
he shall issue a warrant.
» Where an officer has reasonable grounds that, by reason of delay in obtaining a
search warrant, any article, thing, book, document, plant, substance, installation
used to commit or intended to is likely to be removed or destroyed,
» he may enter the place of work or residential place without a warrant and seize
or seal the article, thing, book, document, plant, substance, installation or part
thereof found therein, provided that it shall be an offence for a person without
lawful authority to do such thing.
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Enforcement and Investigation
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Enforcement and Investigation
Power of investigation
» An officer may exercise the special powers in relation to police investigation except
that the power to arrest without warrant given by the Criminal Procedure Code in
any sizable offence may not be exercised by him.
» Upon completion of his investigation, the officer shall give all information relating
to the commission of the offence to a police officer in charge and the police officer
may, by warrant, arrest any person who may have committed an offence under
this Act.
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Enforcement and Investigation
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Enforcement and Investigation
» An officer obtaining information from a person shall first inform the person of the
provisions.
» A statement made by a person under this section shall be reduced into writing and
signed by him or affixed with his thumb print, as the case may be, after it has been
read to him in the language in which he made it and after he has been given an
opportunity to make any correction he may wish.
» Where an officer uses the assistance of an interpreter, any inquiry or requisition to a
person made on behalf of the officer by the interpreter shall be deemed to have been
actually made by the officer, and any answer thereto made to the interpreter shall be
deemed to have been actually made to the officer.
» The owner or occupier of, or employer at, any place of work and the agent or the
employee of the owner, occupier or employer shall provide such assistance as the
officer may require for any entry, inspection, examination or inquiry or for the exercise
of his powers under this Act.
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Enforcement and Investigation
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Enforcement and Investigation
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Enforcement and Investigation
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Enforcement and Investigation
» An officer may, if he deems fit, recover the cost of the action from the
occupier or person having responsibility or control of the place of work,
plant, substance or process.
» On conviction, be liable to a fine not exceeding RM50,000 or to
imprisonment not exceeding five years or both and to a further fine of
RM500 per day during which the offence continues.
» A person who is aggrieved may appeal to an appeal committee within 30
days from the date of the decision.
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Liability for Offense
» Penalty for person contravenes this section is fine not exceeding RM 10,000
or to imprisonment for a term not more than one year, and
» in the case of a continuing offence, to a fine not exceeding RM 1,000 for every
day or part of a day during which the offence continues after conviction.
» Every person who at the time of the commission of the offence is a director,
manager, secretary or other like officer of the body corporate shall be
deemed to have disobeyed the provision and may be charged jointly in the
same proceedings with the body corporate and shall be deemed to be guilty
of the offence.
» A person may be proceeded against and convicted whether or not the
corporation has been proceeded against or has been convicted.
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Liability for Offense
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Liability for Offense
Defense
» It shall be a defense in any proceedings against a person for an offence under this
Act to satisfy the court that the offence was committed without his consent or
connivance and that he exercised all such due diligence to prevent the commission
of the offence as he ought to have exercised, having regard to the nature of his
functions in that capacity and to all the circumstances.
Body corporate or trade union liable to fine
» Where a person convicted in respect to an offence under this Act is a body
corporation or a trade union, it shall only be liable to the imposition of a fine
provided there for.
Aiding and abetting
» A person who aids or abets the commission of an offence under this Act shall be
punished with the punishment provided for the offence.
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Liability for Offense
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Liability for Offense
Compounding of offences
» The Minister may, by order in the Gazette, prescribe any offence under this
Act as an offence which may be compounded.
» The Director General may at any time before conviction compound any of the
offences as an offence which may be compounded by collecting from the
person reasonably suspected of having committed the offence a sum of
money not exceeding the amount of the maximum fine to which the person
would have been liable to if he had been convicted of the offence :
• Provided that the Director General shall not exercise his powers unless the
person in writing admits that he has committed the offence and requests the
Director General to deal with the offence.
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National Council
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National Council
» Carry out investigations and make report to Minister with regard to any matter
relating to the objects of this Act, in particular, with regard to :-
– changes it consider desirable to occupational safety and health legislation;
– the improvement of the administration and enforcement of occupational safety and
health legislation;
– the nurturing of a co-operative consultative relationship between management and
labour on safety, health and welfare of persons at work;
– the special problems with respect to occupational safety, health and welfare of women,
handicapped persons and other groups in the community;
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National Council
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Safety and Health Organizations
Medical surveillance
» Minister may order a medical surveillance if :-
• cases of illness he has reason to believe may be due to the nature of the process
or other conditions of work;
• cases of change in process or substance which may cause risk of injury;
• persons below age 16 years are about to be employed in work which may cause
risk of injury; or
• risk of injury to health from Third Schedule of new substance as result of process
changes.
» Penalty for person contravenes this section is fine not exceeding RM 5,000 or to
imprisonment for a term not more than six months or both.
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Safety and Health Organizations
» Safety and health officer employed for ensuring this Act and any regulation
thereafter is followed.
» The safety and health officer shall possess such qualifications or have
received such training as the Minister may from time to time prescribe.
» Penalty for person contravenes this section is fine not exceeding RM 5,000
or to imprisonment for a term not more than six months or both.
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Safety and Health Organizations
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Safety and Health Organizations
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Regulations
i. OSH (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995
ii. OSH (Control of Industrial Major Accident Hazards) Regulations 1996- CIMAH
iii. OSH (Safety and Health Committee) Regulations 1996-SHC
iv. OSH (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997- CPL
v. OSH (Safety and Health Officer) Regulations 1997-SHO
vi. OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000- USECHH
vii. OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational
Disease) Regulations 2004-NADOOPOD
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Guidelines
1 Guidelines for Public Safety and Health at Construction Site 1994
2 Guidelines on Occupational Safety and Health in the Office 1996
3 Guidelines on First-Aid Facilities in the Workplace 1996
4 Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination 1996
5 Guidelines on Method of Sampling and Analysis for Airborne Lead 1997
6 Guidelines for the Formulation of a Chemical Safety Datasheet 1997
7 Guidelines for the Classification of Hazardous Chemicals 1997
8 Guidelines for Labelling of Hazardous Chemicals 1997
9 Guidelines on Occupational Safety and Health in Tunnel Construction 1998
10 Garispanduan Pendaftaran Tenaga Pengajar &Pengendalian Kursus Induksi Keselamatan & Kesihatan Pekerja Sektor Binaan 2000
11 Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health Doctor (OHD) 2000
12 Guidelines for the Preparation of a Chemical Register 2000
13 Guidelines on Trenching for Construction Safety 2000
14 Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd Edition) 2000
15 Guidelines on the Control of Chemicals Hazardous to Health 2001
16 Guidelines on Medical Surveillance 2001
17 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am) 2001
18 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Penstoran Gas Petroleum Cecair Di Dalam Selinder) 2001
19 Panduan Bagi Pencegahan Tekanan Dan Keganasan Di Tempat Kerja 2001
20 Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health 2002
21 Guidelines on Occupational Safety and Health for Standing at Work 2002
22 Guidelines on Reproductive Health Policy & Programmes at the Workplace 2002
23 Guidelines on Occupational Safety and Health in Agriculture 2002
24 Guidelines on Occupational Vibration 2003
25 Guidelines on Occupational Safety and Health for Seating at Work 2003
26 Garispanduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan dan Kesihatan 2003
27 Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation 2003
28 Guidelines on Gender Issues in Occupational Safety and Health 2003
29 Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDU’s) 2003
30 Guidelines on Occupational Safety and Health In Logging Operations 2004
31 Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace 2004
32 Guidelines on Occupational Safety and Health In Service Sector 2004
33 Guidelines on First-Aid in the Workplace (2nd Edition) 43
2004
34 Guidelines on Occupational Health Services 2005
OSH (Control of Industrial Major Accident Hazards) Regulations 1996-
CIMAH
• Part 1: Preliminary
• Part 2: Identification and notification of an industry
activities
• Part 3: Demonstration of safe operation for non-major
hazard installation
• Part 4: Report on industrial activity and preparation of
emergency plan for major hazard installation
• Part 5: Notification of major accident
• Part 6: Penalty
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OSH (Safety and Health Committee) Regulations 1996-SHC
• Part 1: Preliminary
• Part 2: Composition of safety and health
committee
• Part 3: Functions of safety and health
committee
• Part 4: Meetings of safety and health
committee
• Part 5: Provisions of training and
information
• Part 6: Penalty
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OSH (Classification, Packaging and Labelling of Hazardous Chemicals)
Regulations 1997- CPL
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OSH (Safety and Health Officer) Regulations 1997
• Part 1: Preliminary
• Part 2: Registration of a safety and health officer
• Part 3: Notification of a safety and health officer
• Part 4: Duties of an employer
• Part 5: Duties of safety and health officer
• Part 6: Miscellaneous
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OSH(Safety and Health Officer) Order 1997
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OSH (Prohibition of Use of Substance) Order 1999
• Part 1: Preliminary
• Part 2: Identification of chemical hazardous to health
• Part 3: Permissible exposure limit
• Part 4: Assessment of risk to health
• Part 5: Action to control exposure
• Part 6: Labeling and Re labeling
• Part 7: Information, instruction and training
• Part 8: Monitoring of exposure at the place of work
• Part 9: Health Surveillance
• Part 10: Medical removal protection
• Part 11: Warning sign
• Part 12: record keeping
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OSH (Notification of Accident, Dangerous Occurrence, Occupational
Poisoning and Occupational Disease) Regulations 2004
• Part 1: Preliminary
• Part 2: Notification and reporting of a accident, dangerous occurrence,
occupational poisoning and occupational disease
• Part 3: No interference at accident or dangerous occurrence scene
• Part 4 : Maintenance of all records of a accident, dangerous occurrence,
occupational poisoning and occupational disease
• Part 5: Miscellaneous
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Industry Codes of Practice
» The Minister may, approve industry codes of practice comprising such directions as
may appear to him to be necessary or proper for the guidance of persons in
complying with the requirements of the provisions of this Act.
» The Minister may, from time to time revise the industry codes of practice by
amending, deleting, varying or adding to the provision of the industry codes of
practice.
» An industry code of practice may :-
• consist of any code, standard, rule, specification or provision relating to
occupational safety or health approved by the Minister; or
• apply, incorporate or refer to any document formulated or published by any body
or authority as in force at the time the industry code of practice is approved or as
amended, formulated or published from time to time.
• The Minister shall cause to be published in the Gazette the approval of an industry
code of practice and the amendment or revocation thereof.
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Industry Codes of Practice
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