Occupational Safety and Health Act 1994 (Act 514)

OCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT 514)

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ACT 514

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LAWS OF MALAYSIA Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994 ‘An Act

to make further provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National C il for f Occupational O p i l SSafety f andd H l h andd ffor matters Council Health, connected therewith’. [25 February 1994]

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LAWS OF MALAYSIA Act 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994 BE IT ENACTED by the Seri Paduka Baginda Yang diPertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same.

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ACT 514 Structure

yACT

◦88 Regulations. R l ◦15 15 Parts. P 67 Sections. S ti ◦67 ◦3 Schedules. Schedules 5

Regulations Under Occupational Safety & Health Act (1/2) OSH (Employers’Safety Employers’Safety and Health General Policy Statements)(Exception) Regulations 1995 2. OSH ((Control of Industrial Major j Accident Hazards) Regulations 1996 3 OSH (Classification, (Classification Classification Packaging Packa in and 3. Classification, Labeling of Hazardous Chemicals) Regulations 1997 4. OSH (Safety and Health Officer) Regulations 1997 1 1.

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Regulations Under Occupational Safety & Health Act (2/2) OSH (Safety and Health Officer) Order 1997 6. OSH (Prohibition Prohibition of Used of Substance)) Order 1999 Substance 7. OSH (Use and Standards of Exposure H d tto Health) H lth) of Chemicals Hazardous Regulations 2000 8. OSH (Indoor Indoor Air Quality) Code of Practice 2005 5 5.

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OSH 1994 (ACT 514 ) Main Partition Part 1 – Preliminary y Part II – Appointment of Officers y Part III – National Council for OSH y Part IV – General Duties of Employers and Self-Employed Persons y Part V – General Duties of Designers, pp Manufacturers and Suppliers y Part VI – General Duties of Employees y Part P VII – Safety S f and d Health H l h Organizations O i i y

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OSH 1994 (ACT 514 ) Main Partition y

y y y y y y y

Part VIII – Notification of Accidents, Accidents Dangerous Occurrence Occupational Poisoning and Occupational Disease and Inquiry. Inquiry Part IX – Prohibition Against Use of Plant or S bt Substance Part X – Industry Codes of Practice Part XI – Enforcement and Investigation Part XII – Liabilityy for Offences Part XIII – Appeals Part XIV – Regulations Part XV - Miscellaneous

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Objective SECURING the safety, safety health and welfare of persons at work y PROTECTING persons at a place of p y work other than employees y PROMOTING a suitable environment f persons att workk for y ENABLING previous legislation to be replaced by regulations and approved industry codes of practice operating in combination with the OSH Act 1994 y

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Scope of Act S.1(2) S 1(2) : This Act shall apply throughout Malaysia to the industries specified in the First Schedule (shown in next slide). y S.1(3): ( ) This Act shall NOT apply pp y for y

◦ Work on board of Ship x Merchant Shipping Ordinance 1952 x Merchant Shipping Ordinance 1960 of Sabah or Sarawak

◦ Armed Forces 11

First Schedule y y y y y y y y y y

Manufacturing Mining and Quarrying C Construction i Agriculture, Forestry and Fishing Utilities (Electricity, Gas, Water, Sanitary Services) Transport, Storage and Communication Wholesale and Retail Trades Hotels and Restaurants Finance, Insurance, Real Estate and Business Services Public services and Statutory Authorities 12

Interpretation (meaning) S.3 y

‘Practicable’ means practicable (able to be used / applied) having regard to ◦ the severity of the hazard or risk g about the hazard or risk and anyy ◦ knowledge way of removing or mitigating the hazard or risk ◦ the availability and suitability of ways to remove or mitigate the hazard or risk ◦ the cost of removing or mitigating the hazard or risk 13

Prevailing Laws (Guna (Guna Pakai Undang Undang-Undang)) Undang S.2(1): S 2(1): Provisions of this Act are additional to other laws relating to safety and health y S.2(2): ( ) If there is anyy conflict or inconsistency between this Act and its regulations and any other written law related to OSH, the provisions of this Act 514 and d its i regulations l i shall h ll prevailil (M (Malay: l digunapakai) y

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Interpretation S.3 S3 y

y y y

‘Premises’ include: ◦ any land, building or part of any building (e.g. office, factory) ◦ any vehicle, vessel or aircraft (e.g. Air Asia aircraft) ◦ any installation on land, offshore installation or other installation whether on the bed of or floating on any water ◦ any tent or movable structure (e.g. construction camp) ‘Place of Work’ - premises where persons work or premises used for the storage of plant or substance ‘Occupier’ - person who has the management or control of the place of work ‘S lf E l ‘Self-Employed d Person’ P ’ - individual i di id l who h works k ffor gain i or reward otherwise than under a contract of employment 15

Interpretation S.3 y

‘Substance’ - any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapor or any combination of them

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‘Pl t’ - any machinery, hi ip t ‘Plant’ equipment, appliance, implement or tool, any component and anything fitted, connected or belong to it. 16

PHILOSOPHY AND GUIDING PRINCIPLES y

“ Responsibilities to ensure safety and health at the workplace lies with those who create the risk and with those who work with the risk ”

This covering: ¾Self-regulation g ¾ Consultation ¾ Workers cooperation and participation

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GENERAL DUTIES OF EMPLOYERS AND SELF SELF--EMPLOYED PERSONS y

So ffar as iis practicable S ti bl • Provide and maintain plant and system of work • Make M k arrangements t for f the th safe f use, operation, ti handling, storage and transportation of substances and plant • Provide information, instruction, training and supervision • Provide and maintain place of work and means of access to and egress (escape) from any place of work • Provide and maintain working environment that is safe and without health risk and adequate q welfare facilities 18

OTHER DUTIES OF EMPLOYERS, SELF--EMPLOYED AND OCCUPIERS SELF

Formulate written statement of his policy on OSH. • Conduct undertaking in such manner not to affect other persons not his employees P id information i f ti to t other th persons • Provide on ways his undertaking may affect them •

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GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS (plant and substance) y

So far as is practicable ¾ To ensure plant/substance is designed and constructed to be safe and without risk to health when properly used ¾ Arrange for carrying out testing and examination ¾ Provide adequate information ¾ For designers and manufacturers – arrange for research to eliminate or minimize hazards ¾ Safe erection and installation 20

GENERAL DUTIES OF EMPLOYEES (including us!!) •

Reasonable care for safety and health of himself and others

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Co-operate Co operate with employer and others

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Wear and use Personal Protective Equipment (PPE)

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Comply C l (obey) ( b ) with i h instruction i i on OSH

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INTERFERE, CHARGE AND DISCRIMINATE •

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Employee not to interfere or misuse with anything provided for the interest of safety and health Employer/trade union not to levy (put charge) on employees p y due to anyy actions done in pursuance of this Act or its regulations Employer/trade union not to discriminate p y (dismiss, injure or alter position) employee if he / she: ¾ Makes a compliant (incline) on a matter he considers not safe, ¾ Becomes B a member b off a safety f t andd health h lth committee itt ¾ Exercises his functions as a member in the committee22

OSH Providers

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OSH Providers y

National Level ◦ Government Agencies x x x x

Department of Public Health (DPH) Department of Occupational Safety & Health (DOSH) National Institute of Occupational p Safetyy and Health (NIOSH) ( ) Social Security Organization (SOCSO)

◦ Universities y

State Level ◦ State Health Departments p ◦ State Departments of Occupational Safety and Health (DOSH) ( ) 24

OSH Providers y

District Level ◦ District Health Office ◦ Hospital H it l ◦ Occupational Health Clinics in Primary Health Care Facilities ◦ Private Occupational Health Doctors (Specialist/OHD)

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Enterprise Level ◦ EEmployers l ◦ Occupational Health Doctor (Company Doctors/Company Appointed Doctors) 25

OSH Providers y

Non--Governmental Organization Non ◦ Union x Malaysia Trade Union Congress

◦ Professional Organization x Societyy of Occupational & Environmental Health p x Malaysian Occupational Health Nurses Association x Malaysian y Industrial Hygienist yg Association

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Ministry of Health Have no legislative power under the OSHA 1994 y Main functions: y

◦ As an employer – should provide a safe and healthy work environment for all its workers ◦ As the custodian (in charge) of the nations health to provide the curative and preventive service for the Malaysian population. population

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Ministry of Human Resource Is the In In--Charge..!!! Charge !!! y National Council of Occupational Safety & Health (NCOSH) y Departments of Occupational Safety & Health (DOSH) N l Institute I S f y National off O Occupationall Safety & Health (NIOSH) y Social Security Organization (SOCSO) 28

National Council for Occupational Safety & Health (NCOSH) Formed in 1995 y 12-15 members representing the government, employers, employees and g or professionals p non-governmental organizations, each serving 3 year terms Ch i d by b the th Deputy D t Minister Mi i t off y Chaired Human Resources y

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NCOSH y

Duties to ◦ Discuss ◦ Analyze g ◦ Investigate

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Forward annual reports & recommendations to the Minister on matters which is in line with the aims of the O Occupational SSafety f & Health Act A 1994 30

Department of Occupational Safety & Health (DOSH) Begun in 1878 with the appointment of the first Machinery Inspector y Machinery Department (Machinery Ordinance 1953)) y Factories and Machinery Department (F t i and d Machinery M hi A t 1967) (Factories Act y Department of Occupational Safety & Health (DOSH) (Occupational Safety & Health Act 1994 (OSHA 1994) y

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DOSH y

Responsible for ensuring the ◦ ◦ ◦ ◦

Safety Health Welfare of ppersons at work Protection of other people from hazards to safety and health arising from the activities of persons at work

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DOSH y

Major Activities ◦ Standard setting x Relevant legislation, codes of practice, guidelines

◦ Enforcement x Regional branch offices in every state

◦ Promotion o ot o x Enhance OSH consciousness (awareness)

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National Institute of Occupational Safety & Health (NIOSH) y

Founded in December 1, 1 1992 as a Company Limited by Guarantee, under Malaysian Companies, 1965 to spearhead ((leadingg force)) the safetyy and health culture at the workplace in Malaysia

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NIOSH The board of Directors is a tripartite (collision of three parties) representation of the Government, Private Sectors and p the Workers Unions, which provides autonomy in decision making. y NIOSH was set up on a Launching Grant from the Government and the Social S Security i Organization O i i (SOCSO) off Malaysia. y

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NIOSH y

Function of NIOSH ◦ Teaching ◦ Research ◦ Consultancyy

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Social Security Organization (SOCSO) Set up in 1971 y To implement, administer and enforce y

◦ The Employees’ Social Security Act, 1969 Employees’ Social Security (General ◦ The Employees Regulations) 1971 ◦ Employment Injury Scheme , Pension Scheme

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OSH REPORTING 38

REPORTING OF ACCIDENTS, DANGEROUS OCCURRENCES, OCCUPATIONAL POISONING AND DISEASES

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( ) Employer (1) p y to report p to the nearest OSH officers of accidents, dangerous p ppoisoning g and occurrence,, occupational diseases

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REPORTING OF ACCIDENTS, DANGEROUS OCCURRENCES, OCCUPATIONAL POISONING AND DISEASES y

(2) Every registered medical practitioner / officers attending to or called to visit a patient who he believes to be suffering the diseases in Third scheduled of the FMA (Act 139) or to report on scheduled diseases listed in the Third Schedule of the FMA (Act 139), or any disease named in any regulation or order made by Minister under this Act, or occupational poisoning shall report the matter to the Director General. 40

REPORTING OF ACCIDENTS, DANGEROUS OCCURRENCES, OCCUPATIONAL POISONING AND DISEASES •

(1) If there is the case case, the Director General (DG) will direct inquiry to be held by OSH officer (DSOH) (DSOH).

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(2) DG may appoint one or more persons of appropriate background and expertise (e.g engineering medical etc.) etc ) to serve as assessors engineering, in any such inquiry.

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(3) An allowance to be paid (rated is determined by Minister) to non non-public public officer serving as an assessor in the enquiry. 41

Appointment of Officers Appointment of Director General & Deputy Director General, Directors, Deputy Directors, Assistant Directors and other OSH officers ((DOSH)) byy the Minister – perform duties and exercise powers based on OSH regulations y Appointment of independent Inspecting B d /Offi Body/Officers by b DG. DG y

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ENFORCEMENT AND INVESTIGATION • • • •

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Director General of OSH OSH officers Posses Certificate of Authorization Power of DOSH Officer : • Enter and inspect any place of work • Enter with equipment and authorized persons • Take photos, measurements and samples • Require medical examinations if risk of prescribed disease • Question Q i any person if necessary All persons must assist the officer with entry, inspection examination and enquiry inspection, 43

IMPROVEMENT AND PROHIBITION NOTICES Contravention can lead to prosecution and / or issue of either an : IMPROVEMENT NOTICES or PROHIBITION NOTICES • • • • •

Notices to person in control Time to comply given (improvement notices) Reason given, contravention explained Must comply p y with even if appeal pp Appeal, within 30 days to DG 44

OSHA LIABILITIES OFFENCE

MAXIMUM RM and/or

PENALTIES Imprisonment

Duty of employers/self employed

50,000

2 years

Duty of occupier to non employees

50 000 50,000

2 years

Duty y of designer/manufacturers g

20,000 ,

2y years

50,000 + daily fine of RM500

5 years

Duty of employee (general)

1,000

3 months

Duty of employee (interference/misuse) (i t f / i )

20,000

2 years

10,000 + damages + reinstatement order

1 year

Failure to comply with NOP/NOI

Discrimination by employer/union

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OSHA LIABILITIES OFFENCE

MAXIMUM RM and/or

PENALTIES Imprisonment

Medical surveillance regulation

5,000

6 months

Duty of occupier to employ SHO

5 000 5,000

6 months

Duty of employer to t / lt SHC create/consult

5,000

6 months

Disclosure of business secret

20,000

2 years

10,000 + 1,000 every day after conviction

1 year

Failure to comply with any other part of the Act or any of the regulation

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