OSH LAW

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OSH LAW LEGISLATION
By Zariman Zainuddin THREE S HSE Training
Consultancy Services
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CONTENT

• History
• Statistics
• OSHA 1994
• Other OSH Regulations

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HISTORY OF SAFETY MANAGEMENT

• The code of laws of Babylonian king Hammurabi
  (circa 2200 B.C.)
• Hammurabi prescribed punishment of overseers for
  injuries suffered by workers
• In 1943, a German physician, Ellensburg,
  published the first known pamphlets on
  occupational diseases

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Code of Laws of Hummurabi 2200) BC) King of
Babylon(CONSTRUCTION LAW)

• If a builder built a house for a man and do not
  make its construction firm and the house which he
  has built collapse and cause death of the owner
  of the house - the builder shall put to death
• If it cause the death of the son of the owner of
  the house- they shall put to death a son of the
  builder
• If it cause the death of a slave of the owner of
  the house- he shall give the owner of house of
  slave of equal value
• If it destroy property, he shall restore whatever
  is destroyed, and because he did not make the
  house which he built firm and collapsed, he shall
  rebuilt the house which collapsed at his own
  expense
• If a builder built a house for a man and do not
  make its construction meet requirements and a
  wall fall in, that builder shall strength the
  wall at his own expense

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HISTORY OF MALAYSIAS OSH LEGISLATION

• Selangor Boiler Enactment 1892
• Perak Boiler 1903
• Machinery Ordinance 1913
• Machinery Enactment 1932
• Factory Acts 1967
• Lift Regulation 1970
• Lead Regulation 1984
• Noise Regulation 1989
• Mineral Dust Regulation 1989
• Asbestos Regulation 1991
• Occupational Safety Health Act 1994

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STRUCTURE OF LEGISLATION

• ACT (Policies)
• (Law passed by Parliament)
• OSHA 1994
• Factory and Machinery Act 1967
• REGULATIONS (Details)
• (Law approved by relevant Ministries)
• OSHA(Safety and Health Officer)
• OSHA (Safety Health Committee)
• GUIDELINES (Implementation)
• (Guides for use issued by relevant Departments)
• First Aid
• Formulation of Safety Data sheet

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GLOBAL - WORK-RELATED INJURIES AND DISEASES

• 270 million accidents
• 2 million work-related deaths
• 160 million work related diseases
• 4 of gross domestic product is lost
• Source International Labour Organization (ILO)

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MALAYSIA ACCIDENT STATISTIC 1992-2003
Source SOCSO
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ACCIDENT STATISTIC BY INDUSTRY
Source SOCSO
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PHILOSOPHY OF THE ACT

• Responsibilities to ensure safety and health at
  the workplace lies with those who create the risk
  and those who work with the risk.
• Self-regulation
• Consultation and
• Workers cooperation and
• participation.

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ENFORCEMENT DEPARTMENT

• Department Of Occupational Safety Health
  (DOSH/JKKP)
• under
• Ministry Of Human Resources

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First Schedule
Manufacturing
SCOPE
Utilities
Construction
Agriculture, Forestry and Fishing
Mining quarrying

• Wholesale and
• Retail Trade

Transport, Storage and Communication
Hotels and Restaurants
Finance, Insurance, Real Estate and Business
Services
Public services and statutory authorities
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SCOPE OF APPLICATION

• EXCEPT
• On board ships
• and
• Armed Forces.

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OBJECTIVES OF THE ACT

• Secure the safety and health of person at work
• Protect persons at work other than employees
• Promote an appropriate and suitable environment
  for persons at work (physiological
  psychological needs)
• enable previous legislation to be replaced by
  regulations and approved industry codes of
  practice operating in combination with OSHA 1994
  in order to enhance safety and health

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SALIENT FEATURE OF THE ACT (13 Parts)

• Part 1 Preliminary
• Part II Appointment of Officers
• Part III National Council for Occupational
  Safety and Health
• Part IV General Duties of Employers and Self
  Employed Persons
• Part V General Duties of Designers,
  Manufacturers and Suppliers
• Part VI General Duties of Employees
• Part VII Safety Health Organizations
• Part VIII Notification of Accidents, Dangerous
  Occurrence, Occupational Poisoning and
  Occupational Diseases, and Inquiry
• Part IX Prohibition against use of Plant or
  Substance
• Part X Industry Code of Practice
• Part XII Liability for Offences
• Part XIII Appeals
• Part XIV Regulations

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PART IV DUTIES OF EMPLOYERS SELF EMPLOYED
PERSONS TO EMPLOYEES

• Safe plant and systems of work
• Safe use, storage and handling of plant and
  substances.
• Information, instruction, training and
  supervision.
• Safe place of work.
• Safe access and egress.
• Written general OSH policy.
• Not to charge employees for things done or
  provided.
• Employer to report accidents, dangerous
  occurrences, occupational poisonings or diseases
  to DOSH.

PENALTY RM 50,000 or 2 years jail or both.
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PART V DUTIES OF DESIGNERS, MANUFACTURERS,
IMPORTERS AND SUPPLIERS OF PLANT

• Ensure plant is designed and constructed to be
  safe when properly used.
• Test and examine plant before it is used.
• Provide information for safe use.
• Designers and manufacturers of plant must ensure
  research and minimize risks.
• Persons who erect or install plant to ensure it
  can be used safely.

PENALTY RM 20,000 or 2 years jail or both.
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PART VI DUTIES OF EMPLOYEES

• Reasonable care of self and others.
• Cooperate to help others discharge their duties.
• Use protective equipment or clothing provided.
• Comply with instructions or measures made in
  accordance with OSH legislation.
• Not to interfere or misuse things done in
  accordance with OSH legislation.

PENALTY RM 1,000 or 3 months jail or both.
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PART VII MEDICAL SURVEILLANCE

• Medical surveillance and examination, not
  including medical treatment of preventive in
  character, for employees to be conducted by the
  employer.

PART VII SAFETY HEALTH OFFICERS

• Occupiers in specified industries to employ
  competent SHO at place of work.

PART VII SAFETY AND HEALTH COMMITTEES

• Compulsory for employees of 40 or more

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PART VIII NOTIFICATION OF ACCIDENTS, DANGEROUS
OCCURRENCES, OCCUPATIONAL POISONING, DISEASES AND
INJURY

• Employer shall notify the nearest DOSH office of
  any
• accident, dangerous occurrence, occupational
  poisoning
• or occupational disease which has occurred or
  likely to
• occur at the place of work.

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OSHA 1994 - Regulations
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FMA 1967 - Regulations
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FMA 1967 - Regulations
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Laws on Occupational Safety Health
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THANK YOU