OSH Awareness Talk for CMS Group

UNIT 1.0INTRODUCTION TO O.S.H LEGISLATION[CLO1,C2]

COURSE CONTENT1.1 UNDERSTAND THE CONCEPTS OF O.S.H

1.2 UNDERSTAND THE IMPORTANCE OF SAFETY IN WORKPLACE

1.3 UNDERSTAND THE STATUTORY REQUIREMENTS

1.4 UNDERSTAND THE ROLE OF SAFETY AND HEALTH ORGANIZATION IN MALAYSIA

2TOPIC 1.1CONCEPTS OF OCCUPATIONAL SAFETY AND HEALTHRELATED OSH REGULATION IN MALAYSIAFactories And Machinery Act 1967 (FMA 1967)Occupational Safety And Health Act 1994 (OSHA 1994)Environmental Quality Act 1974 (EQA 1974)Employees Social Security Act 1969 (SOCSO 1969)Petroleum (Safety Measures) Act 19845

Scope & basic provisionsApproved by parliament & gazetted.ActDetailed specific requirements made under sectionsApproved by Minister & gazettedRegulationsSTRUCTURE OF LEGISLATIONTOPIC 1.2IMPORTANCE OF SAFETY IN WORKPLACEWHAT IS DUTY OF CARE?Duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others.

EMPLOYER LIABILITY IN DUTY OF CARE

TOPIC 1.3STATUTORY REQUIREMENTSWHAT IS STATUTORY LAW?Consist of : Act and Regulation

Formulated by the GovernmentNon compliance is a crimePunishment Fines and imprisonmentProsecution by Government Officer (such as Deputy Public Prosecutor in Criminal Court)Philosophy of OSHA 1994:

The RESPONSIBILITY for doing something about safety and health lies with those WHO CREATE THE RISKS and those WHO WORK WITH IT

The act emphasizes on:Self-regulationConsultation;Workers / employers cooperation; andParticipation of employees

13OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A) 1994 / ACT 514Persons at work14SCOPE OF OSHA 1994

15OSHA COVER ALL INDUSTRIES EXCEPTSTATUTORY REQUIREMENTSOBJECTIVES OF OSHA 199417PART IV : GENERAL DUTIES OF EMPLOYERS AND SELF EMPLOYED PERSON18

SECTION 15(2) : DUTIES OF EMPLOYERS & SELF-EMPLOYED PERSON19SECTION 16 : SAFETY AND HEALTH POLICY20Safe & healthy working environment & adequate facilities for their welfare. Duty to formulate OSH policy for any employer with more than 5 employees.Statement of intent/commitmentStatement of organizationArrangement madeIt is a statement of commitment by the management on occupational safety and health matters of all people at the work place, particularly the workers.

It is the focal point and guidance for employers and employees alike, to strive and work toward safety and health at the work place

TitleCompany Name Statement of intentLegal ComplianceR & A, Resources, worker participationIntegration of OSH & BusinessContinual ImprovementMonitoring Dated, signed by highest top rank of managementSECTION 17 : GENERAL DUTY OF EMPLOYERS AND SELF EMPLOYED PERSONS TO OTHER THAN THEIR EMPLOYEES22

SECTION 18 : DUTIES OF OCCUPIER OF A PLACE OF WORK TO PERSONS OTHER THAN HIS EMPLOYEES23

SECTION 19 : PENALTY AGAINST SECTION 15, 16, 17 & 1824

PART VI : GENERAL DUTIES OF EMPLOYEES25

SECTION 24(2) PENALTY AGAINST SECTION 2426Both

SECTION 25 - 27FACTORIES AND MACHINERY ACT (F.M.A) 1967In the year 1967, the Factory and Machinery Act (FMA) was approved by the Parliament of Malaysia. This act was legislated to overcome the weaknesses in the Machinery Ordinance 1953, They were not protected if they are working in a workplace that doesnt use machineryControl on MACHINES, WORKERS & PLACE OF WORKMachinery requiring certificate of fitness (from DOSH):Steam boilersHoisting equipmentLifting equipment (P.M.A)Pressure vessels (P.M.T)

FACTORIES AND MACHINERY ACT (F.M.A) 1967F.M.A 1967 VS O.S.H.A 1994 OBJECTIVES OF FACTORIES AND MACHINERY ACT TOPIC 1.4ROLE OF SAFETY AND HEALTH ORGANIZATION IN MALAYSIASAFETY AND HEALTH ORGANIZATION IN MALAYSIA

DEPARTMENT OF SAFETY AND HEALTH (D.O.S.H)DOSH is responsible for ensuring the occupational safety, health and welfare of people at work as well as protecting other people from the safety and health hazards arising from the activities of various sectors which include:

Manufacturing Mining and quarrying Constructions Hotel and restaurants 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

NATIONAL INSTITUTE OF SAFETY AND HEALTH (N.I.O.S.H)ROLE OF NIOSH:

To promote a Safe & Healthy Workplace and Workforce in MalaysiaTo assist Employers and Employees to manage Occupational Safety and Health (OSH) in their organisation effectivelyTo provide Quality Solutions for OSH issues a professional manner, with a pragmatic approach which are reasonable and practicable

SOCIAL SECURITY ORGANIZATION (S.O.C.S.O)(ALSO KNOWN AS PERTUBUHAN KESELAMATAN SOSIAL (PERKESO))SOCSO operates as a social insuranceprogramme managed by the government of Malaysia to provide financial assistanceto employees and their families in the event of accidents, resulting indeath, disablement, or affliction with occupational diseases.

ROLE OF SOCSO:

To register the employers and employeesCollect the SOCSO contribution (or deduction)Process the benefit claims as well as make payment to the workers or their beneficiaries

OSH COORDINATION ACTIVITIES IN MALAYSIA