OCCUPATIONAL SAFETY AND OCCUPATIONAL SAFETY AND HEALTH MANAGEMENTHEALTH MANAGEMENT

Engineers and SocietyBPK 4032

Adapted from BPK4032 Student Presentation

Evolution of OSH Legislation in Malaysia

Malaysian legislation based on 19th Century British Legislation Industrial revolution in the UK resulted in many accidents 1844 British Legislation – Safety provision addressing hurdle

of dangerous machinery Robens Report on OSH-enforcement approach make people

think that safety and health were a matter of detailed regulation

Piecemeal regulatory-haphazard law, paid insufficient regard to organizational and human factors, did not cover all workers and some hazard

Recommendation by Roben More self regulation by employers and employees Single comprehensive Act based on common law Support by regulations and voluntary codes

 OSH Legislation In Malaysia

Selangor Boiler Enactment 1892

Machinery Ordinance 1913

Machinery Enactment 1932

Factories and Machinery Act 1967

Occupational Safety and Health Act 1994

Management of OSH In Malaysia

Management of OSH In Malaysia Huge Losses due to accidents Proactive approach OSH is management function OSH – ensure compliance with

regulations and promote safe work practices

OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Introduction

• OSHA put into force on 24 february 1994• Provide a legislative framework to stimulate

and encourage high standards of safety and health at work

• Promote safety and health awareness and establish effective safety organization through self regulation

• Consists of 15 parts and an enabling measure superimposed over existing safety and health regulations

Introduction…

• OSHA provisions prevail in the event of any conflict

• Defines general duties of employers, manufactures, employees, the self employed, designers, importers and suppliers

• Covers all sectors except the armed forces and work on board ships which is:

1. Merchant shipping ordinance 1952 2. Merchant shipping ordinance 1960

Introduction…

This legislation was made considering the fact that the Factory and Machinery Act 1967 only covers occupational safety and health in the manufacturing, mining, quarrying and construction industries, whereas the other industries are not covered.

The purpose of Occupational Safety and Health Act 1994 is to promote and encourage occupational safety and health awareness among workers and to create organization along with effective safety and health measures.

Objectives of the act

• To ensure the safety, health and welfare of persons against risks from work activity

• To protect persons other than persons at work

• To promote and environment which is adapted to physiological and psychological needs

• To provide the means to progressively replaced legislation by a system of regulation and approved industry

OSH MANAGEMENT SYSTEM MODELThis Safety and Health Management System Model is also based on the Quality Management model approach to ensure that the Safety and Health program in the workplace could be improved further

through its continual improvement system.

ManagementReview

Measurementand

Evaluation Implementation

OHSPolicy

Planning

Continual Improvement

OSH MANAGEMENT SYSTEM MODEL

The Safety and Health Management System model below are one of the simple example of Safety and Health management model adopted by

successful organisation. This organisation emphasize on the continual improvement of safety and health program in the workplace to ensure that the safety and health of the workers will be the priority in their business

operations.

Management Leadership / CommitmentPolicy & Strategic Objectives

Organisation, resources, responsibilityStandards, Documentation

Risk Management

Plan & Procedures

Implementation

Audit

Management Review

Monitor

CorrectiveAction

Corrective Action & Improvement

Corrective Action & Improvement

12

Act 514Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Occupational Safety and Health (Safety and Health Officer) Order 1997Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

Guidelines Code of practice

FMA 1997 vs OSHA 1994

FMA 1967 OSHA 1994 Scope Only cover OSH in the

manufacturing, mining, quarrying, works of engineering and construction Cover 24 % of the man power

Cover all economic activities & government except armed forces & seafarers Cover 90% of the man power

Approach - Prescriptive - Too d ependent on

government - Concern for inspection by

regulation authorities

- self regulation - supported by code of

practices, guidelines etc - tripartite responsibilities - worker cooperation &

participation

Objective

- focus on control of factories & machinery

- registration & inspection of machines

- less provision for health

- to safeguard, health & welfare of employees & those at the place of work for example visitors, contractors etc

GENERAL DUTIES OF EMPLOYERS

•To make sure the safety, health and welfare of employee.•Make sure the maintenance of plant and systems of work are without risk.•To ensure safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances.•The provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees.•The provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work.•The maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and way out from it that are safe and without such risks

GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

To ensure that the plant design is safe and without risk to health.

To carry out test and for the performance of the plant

Adequate information about the use for which the palnt is designed and has been tested

GENERAL DUTIES OF EMPLOYEES AT WORK

To take care for the safety and health of himself and other persons.

To co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act.

To wear or use at all times any protective equipment(PPE) or clothing provided by the employer for the purpose of preventing risks to his safety and health.

To obey with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act.

SAFETY DESIGN

In order to design safer and more reliable equipment and installations, the engineers must :

1. Recognize the specific responsibilities that can cause safety or operating problems

2. Determine which of these need to be guarded against

3. Decide on an appropriate course of action

HUMAN FACTORS IN SAFETY

1)Managers

Planning Organizing and Directing Budgeting Setting Work Standards

SUPERVISORS

Represent management on the spot, and should be well acquainted with Local hazards and rules.

They are responsible for staff training and can pick suitable individuals to go on relevant safety courses

They know the culture and language of their own workforce and can ‘suggest’ rather than ‘order’

OPERATORS

To take care for the safety and health of himself and other persons.

To co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act.

To wear or use at all times any protective equipment(PPE) or clothing provided by the employer for the purpose of preventing risks to his safety and health.

To obey with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act.

RULES OF PRACTICE

• Engineers shall hold paramount the safety, health and welfare of the public

If engineer’s judgment is overruled under circumstances that endanger life or property, they shall notify their employer or client and such other authority as may be appropriate.

Engineers shall approve only those engineering documents that are in conformity with applicable standards.

Engineers shall not reveal facts, data or information without the prior consent of the client or employer except as authorized or required by law or this code

Cont...

Engineers shall not permit the use of the name or associate in business ventures with any person or firm that they believe are engaged in fraudulent or dishonest enterprise.

Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.

Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate professional bodies and when relevant, also to public authorities and cooperate with the proper authorities in furnishing such information or assistance as may be required.

Things that engineers should know

• • Need for safety training beyond building• codes• • How to pre-plan projects to include safety• • How to connect design with safety• • How to apply design & safety into• construction, maintenance, use and• demolition activities• • Competent Person Training• • Qualified Person Training

Malaysia OSHA 1994http://www.osha.com.my/index.php

Self-regulation To handle issues relating to occupational safety and

health, employers must develop a good and orderly management system. Starting with formation of a safety and health policy and consequently employers have to make the proper arrangements to be carried out.

Consultation- tri partite Where employers, employees and the government must

negotiate to settle issues and problems relating to occupational safety and health at the workplace.

Co-operation Where employers and employees must co-operate to

take care, nurture and to increase the quality of occupational safety and health at the workplace.

Without co-operation between employers and employees, none of the occupational safety and health programmers carried out would succeed.

Main principles that had been taken as the foundation in the drafting of this Act.

General Duties Of Employers And Self Employed Persons

To ensure as far as is practicable, the safety, health and welfare at work of all his employees which include the following.

The provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risks to health.

The making of arrangements for ensuring, so far as is practicable, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances.

The provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees.

So far as is practicable, as regards any place of work under the control of the employer or self-employed person, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it that are safe and without such risks.

The provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work.