AW101 Occupational Safety and Health 1

AW101 Chapter 2
Occupational Safety Occupational Safety &
And Health 1 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)
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AW101 Occupational Safety and Health 1

Occupational Safety Occupational Safety

And Health Act 1994 And Health Act 1994
Regulation
(Act 514) (Act 514)

Akta 514
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Act 514
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Microsoft Office
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Philosophies & Objective (1-5) Philosophies & Objective (2-5)

• to promote and encourage • defines the responsibilities of
occupational safety and health employers, manufacturer, employees,
awareness among workers and to self-employed workers, designers,
create organisation along with importers and vendors
effective safety and health measures. • three main principles
• carried out by self-regulation – first principle is self-regulation
schemes that match the industry or – second principle is consultation
related organisation Microsoft Office – The third principle is co-operation
Source: http://www.dosh.gov.my/ Word Document Source: http://www.dosh.gov.my/
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AW101 Occupational Safety and Health 1

Philosophies & Objective (3-5) Philosophies & Objective (4-5)

• This Act also provide for the; • starting from April 1994 the
– appointments of enforcement officers, Department of Factory and Machinery
– establishment of National Council for has been renamed as the Department
Occupational Safety and Health, of Occupational Safety and Health
– formation of policy and arrangement of (DOSH) and the Inspectors are called
measures to protect safety, Occupational Safety and Health
– health and welfare of people at work Officers.
– The powers to enforce, to inspect and
the liabilities. Source: http://www.dosh.gov.my/ Source: http://www.dosh.gov.my/
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Philosophies & Objective (5-5) Employers’ Responsibility

• industrial sectors that are covered : • PART IV - GENERAL DUTIES OF EMPLOYERS AND
SELF-EMPLOYED PERSONS
– Manufacturing
• Section 15. General duties of employers and self-
– mining and quarrying
employed persons to their employees.
– construction
• Section 16. Duty to formulate safety and health policy.
– agriculture, forestry and fishing
– utilities - gas, electric, water and sanitary services • Section 17. General duties of employers and self-
employed persons to persons other than their
– transport, storage and communication
employees.
– wholesale and retail traders
– hotels and restaurants
• Section 18. Duties of an occupier of a place of work to
persons other than his employees.
– finance, insurance, real estate, business service
– public services and statutory authorities
• Section 19. Penalty for an offence under section 15,
Source: http://www.dosh.gov.my/ 16, 17 or 18.
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Section 15 (1-3) Section 15 (2-3)

• General duties of employers and self- (2) duty extends include in particular-
• (a) maintenance of plant and systems of work that are safe
employed persons to their and without risks to health;
employees. • (b) arrangements for ensuring, safety and absence of risks
to health in use or operation, handling, storage and
(1) duty of every employer and every transport of plant and substances;
self-employed person to ensurethe • (c) information, instruction, training and supervision as is
necessary to ensure, the safety and health at work of his
safety, health and welfare at work of employees;
all 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
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without risks to health, Prepared
as regards facilities for their welfare
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Section 15 (3-3) Employee’ Responsibility

(3) For the purposes of subsections (1) and • PART VI - GENERAL DUTIES OF EMPLOYEES
(2)- • Section 24. General duties of employees at work.
• (a) "employee" includes an independent contractor engaged • Section 25. Duty not to interfere with or misuse things
by an employer or a self-employed person provided pursuant to certain provisions.
• (b) the duties employer under subsections (1) and (2) extend • Section 26. Duty not to charge employees for things
to such an independent contractor and the independent done or provided.
contractor's employees in relation to - • Section 27. Discrimination against employee, etc.
• (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.

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Section 24 (1-2) Section 24 (2-2)

• General duties of employees at work • General duties of employees at work
(1) duty employee while at work- (2) A person who contravenes the
(a) to take care for the safety and health of himself and of provisions of this section shall be
other persons at work; guilty of an offence and shall, on
(b) to co-operate with his employer or any person in the
discharge of any duty imposed by this Act or any regulation;
conviction, be liable to a fine not
(c) to wear or use at all times any protective equipment or exceeding one thousand ringgit or to
clothing provided by the employer;
(d) to comply with any instruction or measure on OSH
imprisonment for a term not
instituted by employer under this Act. exceeding three months or to both.
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Section 25 Section 26
• Duty not to interfere with or misuse • Duty not to charge employees for
things provided pursuant to certain things done or provided.
provisions. No employer shall levy or permit to be
A person who intentionally, recklessly or negligently levied on any employee of his any
interferes with or misuses anything provided shall
be guilty of an offence and shall, on conviction, be charge in respect of anything done or
liable to a fine not exceeding twenty thousand provided in pursuance of this Act or
ringgit or to imprisonment for a term not any regulation made thereunder.
exceeding two years or to both.

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AW101 Occupational Safety and Health 1

Section 27 (1-4) Section 27 (2-4)

• Discrimination against employee, etc. • Discrimination against employee, etc.
(1) No employer shall dismiss an employee, (2) No trade union shall take any action on
injure him in his employment, or alter his any of its members who, being an
position to his detriment by - employee at a place of work-
(a) makes a complaint about a matter is not safe or is a risk (a) makes a complaint about a matter which he considers is
to health; not safe or is a risk to health;
(b) is a member of a safety and health committee (b) is a member of a safety and health committee
established pursuant to this Act; or established pursuant to this Act; or
(c) exercises any of his functions as a member of the safety (c) exercises any of his functions as a member of the safety
and health committee. and health committee.

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Section 27 (3-4) Section 27 (4-4)

• Discrimination against employee, etc. • Discrimination against employee, etc.
(3) An employer who, or a trade union (4) Notwithstanding any written law to the
shall be guilty, be liable to a fine not contrary, where a person is convicted of
an offence under this section the Court
exceeding ten thousand ringgit or to
may, in addition to imposing a penalty on
a term of imprisonment not the offender, make one or both of the
exceeding one year or to both. 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;
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(b) an order that the employee be reinstated or re-employed
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AW101 Occupational Safety and Health 1

Content of FMA 1967

Factory And • Applicable to manufacturing, Mining,
Machinery Act Quarry & Construction
1967 • Too limited in scope, too dependent
(Act 139) on government
• Only concerns with inspection by
authorities
• No provision for protection of health

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Others OSH Organization Dept. of Safety and Health

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AW101 Occupational Safety and Health 1

Dept. of Safety and Health 1/4 Dept. of Safety and Health 2/4
• DOSH is a department under the Ministry of Mission
Human Resources To Secure Safety and Health at Work
• Responsible for ensuring the safety, health
and welfare of people at work as well as Vision
protecting other people from the safety and To be the Ultimate Leader of Occupational
health hazards arising from the activities Safety and Health
• Responsible for the administration and
enforcement of legislations related to Corporate Values
occupational safety and health of the country Firm, Fair and Friendly

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Dept. of Safety and Health 3/4 Dept. of Safety and Health 4/4
Objectives Function
to prevent industrial accidents and occupational To study and review the policies and legislations of
diseases by achieving the following by 2010: occupational safety and health. To enforce the following

Reducing the rate of fatalities up to 20% legislations :

Reducing the rate of reported accidents (death, a) Occupational Safety and Health Act 1994 and its
regulations.
permanent loss of ability, temp.loss of ability) up to 20%
b) Factories and Machinery Act 1967 and its regulations.

Increasing enforcement investigations up to 100% and
c) Part of Petroleum Act 1984 (Safety Measures) and its
promotional activities up to 200%; regulations.

Increasing the number of Occupational Safety and
To conduct research and technical analysis.
Health practitioners to 10,000 people
To carry out promotional and publicity programs.

To become a secretariat for the National Council regarding
occupational safety and health
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National Institute Of OSH National Institute Of OSH 1-2

• 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
http://www.niosh.com.my
members during the Annual General
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National Institute Of OSH 2-2 Social Security Organization

Vision
To be the Leading Centre of Excellence in
Occupational Safety and Health.

Mission
To be the preferred partner in enhancing
Occupational Safety & Health

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Social Security Org. 1-4 Social Security Org. 2-4

• (SOCSO) was established in 1971 under • function includes registration of employer
the Human Resources Ministry and employee, collecting contribution,
• to implement and administer the social processing benefit claims and make
security schemes under the Employees' payment to the injured worker and their
Social Security Act 1969 (Act 4), dependents.
• workers are protected against industrial • provide vocational and physical
accident including accident occurred while rehabilitation benefits and enhance
working, occupational diseases, invalidity occupational safety and health awareness
or death due to any cause. of workers.
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Social Security Org. 3-4 Social Security Org. 4-4

MISSION SOCSO’s Protection Schemes
SOCSO is committed to ensure socio- 1. Employment Injury Insurance Scheme
economic security of all working Malaysian provides protection to employees who are involved in accidents
citizens including their dependants through arising out of and in the course of his employment occupational
diseases and also commuting accident.
Schemes Of Social Security and enhance
occupational safety and health awareness for 2. Invalidity Pension Scheme.
provides twenty four (24) hours coverage for workers from
employees well-being invalidity or dies irrespective of the cause of death. The other
VISION objective is to ensure payments are made to workers and
Ideal and excellent social security leader dependants when an unexpected incident occurs.

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AW101 Occupational Safety and Health 1

SOCSO Registration Jadual Caruman Perkeso

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