Assignment - OSH Act Legal Register

Executive Diploma in Occupational Safety & Health Institute of Professional Development Open University, Malaysia

OSH ACT LEGAL REGISTER  & HAZARDS AT WORKPLACE ( MODULE: OSH LEGISLATION ) ( LECTURER: MR. ANIS FAHMY PAUZI )

 Prepared by: Arshad Ariffin (EDOSH – 122280) 8 November 2009

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ASSIGNMENT 1: OSH Act Legal Register

INTRODUCTION

Occupational health and safety (OSH) at the workplace is very important in business. It influences company’s productivity in order to maintain competitiveness in business world. Unhealthy Unhealthy and unsafe working working condition conditionss will contribute contribute to the unwelcome unwelcomed d accidents which can cause loss in man hours and increase indirect company cost. The reasons reasons for establ establish ishing ing good good occupa occupatio tional nal safety safety and health health standa standards rds at a workplace are: 

An employee should not have to risk injury or death at work, nor should others associated with the work environment.

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Poor Poor occu occupa pati tion onal al safe safety ty and and heal health th perfo perform rman ance ce resu result ltss in cost cost to the the government government (e.g. through through social security security payments payments to the incapacitated, incapacitated, costs for medical treatment, and the loss of the "employability" of the worker). Organizations also sustain costs in the event of an incident at work (such as legal fees, fines, compensatory damages, investigation time, lost production, lost lost good goodwi will ll from from the the work workfo force rce,, from from cust custom omer erss and and from from the the wide wider  r  community).

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Occupational safety and health requirements may be reinforced in civil law and/or criminal law; it is accepted that without the extra "encouragement" of    potential potential regulatory action or litigation, litigation, many organisati organisations ons would not act upon their implied moral obligations.

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MY COMPANY’S PROFILE

Engineering and Environmental Health Sdn. Bhd. (Enhealth) is a private company established in 2004. The main business of the company is providing consultancy and training services in the field of engineering and environmental health aspects mainly in the healthcare sector. The company conducts inspection and audit to evaluate all aspe aspect ctss of serv servic icee perfo perform rman ance ce at the the faci facili litie tiess incl includ udin ing g safet safety y and and heal health th requirements and compliances. Currently, there are eleven (11) staff working in the company lead by Managing Director (MD). Others are 4 Specialist Consultants, 4 Senior Consultants, 1 Secretary to the MD and 1 clerk. Organisation Chart

Managing Director  Secretary

Specialist Consultants (FEMS)

Specialist Consultants (BEMS)

Senior  Consultants (CLS)

Senior  Consultants (LLS)

Clerk  

Senior  Consultants (CWMS)

The company does not use any machinery equipment, electrical tools or other raw materials during audit and inspection activities at site except a writing tools, checklist and camera. However, the management had requested all our consultants to take necessary necessary precaution during audit and inspection inspection especially especially on the health and safety requirements at audited site.

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Staff are spending about 75% of the working time at office and 25% at site doing auditing, auditing, inspection inspection and consultancy. consultancy. As such, it is vital for the employer employer to provide provide safe, healthy and comfortable working environment at the office. Since established in 2004, there is no health and safety policy being set-up and developed by the company. However, the aspects of safety and health are the main concerned of employer during conducting the audit and inspection.

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OSH Act Legal Register No

1.

Laws & Regulations

License/Permit/ Approval

OSH Act 1994

-NA-

Act/Regulation

Part

Sect.

IV

16

Title

Spec

-

Duty to formulate safety and health  policy.









OSH Act 1994

-NA-

IV

15

PIC

Remarks

Subsection



2.

Area

(1), (2) and (3).

General duties of  employers and selfemployed persons to their employees.



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Prepare general statement of intent (policy) including management’s commitment. Provide list of goals and objectives. List of responsibilities and accountabilities for achieving those goals and objectives including those of  management, supervisors and workers; Prepare an outline of  the safety program and  procedures; Identify the method of  review the policy.

Office

Safety Representat ive

Safety rep to discuss with MD.

Provide and maintain a safe and healthy working environment in the office.

Office

MD and Safety rep

Safety rep to assist MD to identify suitable trainer.

Provide adequate training in related to the safety and health to all workers.

Safety rep to assist

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



3.

OSH Act 1994

-NA-

VI

24

(1) and (2).

General duties of  employees at work.







4.

OSH Act 1994

-NA-

VIII

32

(1) and (2).

 Notification of  accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry.

5.

OSH (NADOPOD) Regulations 2004

-NA-

II

5

(1)

Notification and reporting of accident and dangerous occurrence.







MD of  document  preparation .

Prepare safety and health procedures or  manuals. Provide and maintain adequate facilities and welfare for the workers. Office

Safety Representat ive

All employees to attend training.

 Notify DOSH office on occupational accident, dangerous occurrence, poisoning and disease at workplace using approved form.

Office

MD

Safety rep to assist MD

Send report to DOSH office in 7 days in which any staff  involved in accident absent from work for 4 calendar days.

Office

MD

Safety rep to assist MD

Co-operate with employer in maintaining safety and health requirements. Wear any PPE  provided by employer. Comply with any instruction on OSH imposed by employer.

Write to DOSH within 1 year in the event of 

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



3.

OSH Act 1994

-NA-

VI

24

(1) and (2).

General duties of  employees at work.







4.

OSH Act 1994

-NA-

VIII

32

(1) and (2).

 Notification of  accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry.

5.

OSH (NADOPOD) Regulations 2004

-NA-

II

5

(1)

Notification and reporting of accident and dangerous occurrence.







MD of  document  preparation .

Prepare safety and health procedures or  manuals. Provide and maintain adequate facilities and welfare for the workers. Office

Safety Representat ive

All employees to attend training.

 Notify DOSH office on occupational accident, dangerous occurrence, poisoning and disease at workplace using approved form.

Office

MD

Safety rep to assist MD

Send report to DOSH office in 7 days in which any staff  involved in accident absent from work for 4 calendar days.

Office

MD

Safety rep to assist MD

Co-operate with employer in maintaining safety and health requirements. Wear any PPE  provided by employer. Comply with any instruction on OSH imposed by employer.

Write to DOSH within 1 year in the event of 

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accident causing death.

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accident causing death.

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ASSIGNMENT 2: The employer’s duty is to ensure as far as practicable the safety and health of  pers person onss at work work.. Pres Presen entt a haza hazard rdou ouss situ situat atio ion n at work work with with “as “as far far as practicable” intervention intervention carried out by the employer.

INTRODUCTION

The Occupational Safety and Health Act 1994 covers a wide range of basic safety, health and welfare issues and apply to most workplaces (with the exception of those workplaces on board ships or armed forces). Employers have a general duty under  Section 15 of the Occupational Safety and Health Act 1994 to ensure, so far as is  practicable,  practicable, the safety, health and welfare at work of all his employees. employees. It is also the duty of employers under Section 17 of the same Act that

ASSIGNMENT 2: The employer’s duty is to ensure as far as practicable the safety and health of  pers person onss at work work.. Pres Presen entt a haza hazard rdou ouss situ situat atio ion n at work work with with “as “as far far as practicable” intervention intervention carried out by the employer.

INTRODUCTION

The Occupational Safety and Health Act 1994 covers a wide range of basic safety, health and welfare issues and apply to most workplaces (with the exception of those workplaces on board ships or armed forces). Employers have a general duty under  Section 15 of the Occupational Safety and Health Act 1994 to ensure, so far as is  practicable,  practicable, the safety, health and welfare at work of all his employees. employees. It is also the duty of employers under Section 17 of the same Act that other persons of not being his employees may be affected are not exposed to risks. The Act expands on these duties and is intended to protect the health and safety of everyone in the workplace, and ensure that adequate welfare facilities are provided for people at work.

TYPE OF HAZARDS AT THE WORKPLACE 1. Of Offi fice ce envi enviro ronm nmen entt

Poor elements of temperature, lighting and air quality inside the office can cause headaches, eyesore, nose and throat problems, stress etc to the workers. Correct setting and combination of these elements should be maintained to ensure healthy

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and comfortable working environment. To prevent such ill-health in the office employers shall ensure the following that: 

A comfortable temperature must be maintained. Most people work 

comfortably at temperature between 20 - 26 degree Celsius. Almost all office in Malaysia use air-conditioning system to maintain the comfortable temperature. 

Adequate lighting must be provided. Where possible offices should

have have natu natura rall ligh lighti ting ng.. When When artif artific icial ial ligh lighti ting ng is used used it shou should ld be sufficient so as to avoid visual fatigue and prevent glare or reflection into the workers eyes. 

Ventil Ventilatio ation n must must be adequa adequate. te. Office Office should should be ventil ventilated ated either  either 

naturally or artificially. For most office opening windows or doors will   prov provide ide adequa adequate te ventil ventilatio ation. n. Where Where mechan mechanical ical ventil ventilatio ation n or airconditioning is provided make sure the system is regularly checked, kept clean and well maintained to prevent a growth of organisms. 2. Work ork equi equipm pmeent

Work Work equipm equipment ent covers covers many many types types of machin machinery ery ranged ranged from from photoc photocopy opy,, shredder, computers, scanners, vacuum, hand tools and ladders. Employers have a duty when selecting and providing employees with equipment. The important  points for selecting equipment are: 

Selecting the right equipment for the job;

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Making sure the equipment is safe to use;

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Keeping equipment safe through regular maintenance, inspection and,

if appropriate, thorough examination; 10

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Training employees to use equipment safely and follow manufacturers

or suppliers instructions. 3. Manu Manual al hand handli ling ng

Manual handling is transporting or supporting loads by hand or using bodily force. Many people hurt their back, arms, hands or feet lifting everyday loads and not just when the load is too heavy. Upper limb disorders such such as those relating to the neck, shoulders, arms, wrists, hands and fingers can happen in almost any workplace where people do repetitive, or forceful manual activities in awkward  postures, for prolonged periods of time. These can cause muscular aches and  pains, which may, at first, be temporary. However, if such work is not properly mana manage ged d and and the the earl early y symp sympto toms ms are not not recog recogni nized zed and and treat treated ed,, they they can  progress to a chronic and disabling disorder. 4. Slip Slips, s, trip tripss and and fall fallss

Slips, trips and falls are the most common cause of major injuries at work. Its can caused serious injury or illness such as broken bones, sprains, strains of joints, adjacent muscles and fractures. Almost all slips happen when floors are wet or  dirty (for example contaminated with water, oil, food debris, dust etc). If the floor  has a smooth surface (for example the surfaces of standard vinyl, glazed ceramic tiles, varnished wood and some metal floors are all often very smooth) even a tiny amount of contamination can present a real slip problem. Trips generally take place on damaged, uneven and badly laid floors or because obstacles have been left where people do not expect to find them. People rarely slip on clean dry floors. Employer shall provide and maintain good condition and housekeeping in avoiding most trip and fall injuries at work.

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5. Elec Electr tric ical al haza hazard rdss

According According to the Albert Einstein College College of Medicine, an average of one worker  is electrocuted on the job every day of every year. Electrocution is the cause of  12% of all workplace deaths among young workers. One might be exposed to electrical hazards due to: 

Touching two wires that are at different voltages at the same time

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Touching both live wires of a 240 volt cable

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Wearin Wearing g wet clothi clothing, ng, the presen presence ce of water, water, perspi perspirati ration on & high high

humidity 

Touching exposed wires

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Touching defective electrical equipment which is energized

The dangers from electrical shock depend on amount of electric current, duration of electric current and path of electric current. High voltages can cause additional injuri injuries es such such as violen violentt muscul muscular ar contra contracti ctions ons,, falls, falls, intern internal al bleedi bleeding ng and destruction of tissue, nerves and muscles. Electrical hazards at workplace can be found at: 

Inadequate wiring

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Exposed electrical parts

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Overhead power lines

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Wires with bad insulation

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Electrical systems and tools that are not grounded or double-insulated

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Overloaded circuits

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Improper grounding or lack of grounding

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Damaged power tools and equipment

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Using the wrong tool

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Using the wrong PPE

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Defective ladders and scaffolding

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Ladders that conduct electricity

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Wet location, equipment, or worker 

REQUIREMENTS OF ACTS, REGULATIONS, GUIDELINES AND CODE OF PRACTICES

The Occ Occupa upatio tional nal Saf Safety ety and Health Act 199 1994 4 (Ac (Actt 514) Section 15 and Section 17 require employers and self-employed persons to ensure so far as is practicable, the safety, health and welfare of their employees and other persons not being their  employees who may be affected by their work activity. These shall include: 1. Pr Prov ovis isio ion n an and d ma main inte tena nanc ncee of wo work rkpl place ace an and d sy syst stem emss th that at ar aree sa safe fe an and d without risks to health; 2. Mak Makin ing g su such ch ar arran range geme ment ntss to en ensu sure re sa safe fety ty du durin ring g op opera erati tion on,, ha hand ndli ling ng,, storage and transportation; 3. Provi Provision sion of informat information, ion, instructi instruction, on, training training and supervi supervision sion to ensure ensure safety and health at the workplace;

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4. Pro Provis vision ion and mainten maintenanc ancee of safe and healthy healthy working working enviro environme nment nt at the workplace.

The employees also have a duty under the Section 24 while at work: 1.

To tak takee reas reason onab able le car caree of the the saf safet ety y and and hea healt lth h of one one-s -sel elff and and oth other  er 

 persons; 2.

To coo coope pera rate te wit with h his his empl employ oyer erss or oth other erss pers person onss in the the dis disch char arge ge of  of 

any duty; 3.

To wear wear any any pro prote tect ctiv ivee equ equip ipme ment nt prov provid ided ed by the the emp emplo loye yer; r;

4.

To comp comply ly wit with h any any inst instru ruct ctio ion n and and meas measur uree on on saf safet ety y and and hea healt lth. h.

Specific requirements and guidance on OSH at a workplace can be found in the Guidelines on Occupational Safety and Health in the Office, 1996.

EMPLOYER’S INTERVENTION TO ENSURE SAFETY AND HEALTH AT THE WORKPLACE Safety and Health Policy

The employer must prepare a written statement of his general   policy with respect to the safety and health at work of his employees and the arrangement for managing safety and health in the workplace. It should begin with a policy statement on how the employer intends to comply with the law. The statement should be based on an iden identi tifi ficat catio ion n of the the haza hazard rdss and and an asse assess ssme ment nt of the the risk riskss in the the offi office. ce.

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Employees should be informed of the policy. The risks assessment results should be incorporated into the safety and health policy where appropriate. In preparing the statement it is useful to review the most common causes of office accidents and if these hazards exist in your office, deal with them in the statement. The statement statement should should name those those people people in the office who are respon responsib sible le for  ensuring that safety controls are put and retained in place. First Aid

A first-aid box should be available in the office and kept fully stocked. Someone shou should ld be appo appoin inte ted d to look look after after it, it, take take charg chargee in an emerg emergen ency cy and and call call an ambulance. The smaller office might not need a trained first-aider but the bigger  office should have an appropriate number of trained first-aiders, depending on the risk involved, the accidents likely to arise, the size and location of the office, the distribution of employees and the distance from external medical services. For more details please refer to The Guide on First-aid Facilities in the Workplace 1996. Accident Reporting

The Occupational Safety and Health Act 1994 require an employer to notify the nearest nearest occupational occupational safety and health office of any accident, dangerous dangerous occurrence, occurrence, occupational poisoning or occupational disease which has occurred or is likely to occur at the place of work. For further detail please refer to the Occupational Safety and Health (Reporting of Accident, Dangerous Occurrences, Occupational Poisoning and Occupational Diseases) Regulations. Safety and Health Training

The types of training required for office workers include;

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Induction - so that new entrants get to know the basics such as fire evacuation, good

housekeeping, electricity and VDU safety and the safety and health policy. Skill - so that staff who have specific responsibilities under the safety and health

  policy can undertake them in a competent manner e.g. manual handling training, VDU assessment, office inspections and accident acci dent investigations. Management training - which gives a good overview of the law including guidance

and need for risk assessment and preparing safety management programmes. CONCLUSION

For a well organised office the safety and health policy should spell out the training   progr programm ammee and commit commitmen mentt to provid providee resour resources ces to implem implement ent it. The The key to induction and skill training is that office workers require the knowledge to do what is expected expected of them. Management Management training training involved involved in particular particular understand understanding ing the   process of risk assessment and their legal obligations. The training can be based on the accident trends for the office environment such as slips, trips and fall, back injuries from manual handling, upper limb disorders etc.

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