OCCUPATIONAL SAFETY & HEALTH LEGISLATIVE

HISTORY The Selangor Boiler Enactment 1896 The Perak Boiler Enactment 1903 The Penang Boiler Enactment 1924 The Johor Boiler Enactment 1937 The Machinery Ordinance 1953

Factory & Machinery Act 1967(FMA 1967 or ACT 139)

Occupational Safety & Health Act 1994( OSHA 1994 or ACT 514)

ACT 139

• An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of machinery and for matters connected therewith.

WEAKNESS of ACT 139

Limitation of scope

Too Prescriptive

Too depending to Dept Factory & Machinery

AKTA 514FIRST SCHEDULE

1. Manufacturing

2. Mining and Quarrying

3. Construction

4. Agriculture, Forestry and Fishing

5. Utilities

6. Transport, Storage and Communication

7. Wholesale and Retail Trades

8. Hotels and Restaurants

9. Finance, Insurance, Real Estate and Business Services

10.Public Services and Statutory Authorities

• Merchant Shipping & the armed forces.

"practicable" means

• (a) the severity of the hazard or risk

• the state of knowledge about the hazard or risk and any 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;

“so far as is practicable”

ACT 514

SECTION 15General Duties Employers & Self-employed persons

so far as is practicable,

a. the provision and maintenance of plant and systems of work that are safe & without risks

b. safety and absence of risks to health in connection with use or operation, handling, storage and transport of plant and substances

c. the provision of such information, instruction, training and supervision

d. any place of work & access to and egress the maintenance of it in a condition that is safe and without risks

e. the provision and maintenance of a working environment safe, without risks to health, and adequate as regards facilities for their welfare at work.

it shall be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.

SECTION 16Duty to formulate safety & Health Policy

1. that he and other persons, not being his employees, who may be affected thereby are not thereby exposed to risks to their safety or health.

2. to give to persons, not being his employees, who may be affected by the manner in which he conducts his undertaking, the prescribed information on such aspects of the manner in which he conducts his undertaking as might affect their safety or health.

SECTION 17Duties to persons other than their workers

1. to ensure the premises, all means of access and egress available for use by persons using the premises, and any plant or substance in the premises or provided for use there, is or are safe and without risks to health.

2. A person who has, by virtue of a contract an obligation of any extent in relation to -

– the maintenance or repair of a place of work or any means of access thereto or egress therefrom;

– the prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work,

SECTION 18Duties of an occupier to other person

Section 19Penalty 15,16,17 & 18

FINE

RM 50,000.00

IMPRISONMENT

2 YEARSOR

BOTH

Section 20 General Duties of Designers, Manufacturers & Suppliers

that the plant designed and constructed as to be safe & no risks to health when properly used

to carry out or arrange testing and examination as may be necessary for the performance

to take such steps as are necessary to secure that there will be available in connection with the use of the plant at work adequate information

Penalty Section 20

OR

BOTH

FINE

RM 50,000.00

IMPRISONMENT

2 YEARS

that the substance is safe and without risks to health when properly used

to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance

to take such steps as are necessary to ensure that there will be available in connection with the use of the substance at work adequate information

Section 21 General Duties of Designers, Manufacturers & Suppliers

Penalty Section 21

OR

BOTH

FINE

RM 50,000.00

IMPRISONMENT

2 YEARS

Section 24General Duties of Employees

a. to take reasonable care for the safety and health of himself and of other persons

b. to co-operate with his employer or any other person in the discharge of any duty

c. to wear or use at all times any protective equipment or clothing provided

d. to comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act or any regulation made there under.

Penalty Section 24

OR

BOTH

FINE

RM 1,000.00

IMPRISONMENT

3 MONTHS

Section 25

Duty not to interfere with or misuse things provided pursuant to certain provisions.

A person who intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interests of safety, health and welfare.

Penalty Section 25

OR

BOTH

FINE

RM 20,000.00

IMPRISONMENT

2 YEARS

Section 26

Duty not to charge employees for things done or provided.

No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of this Act or any regulation made there under.

Penalty Section 26

OR

BOTH

FINE

RM 10,000.00

IMPRISONMENT

1 YEAR

further fine of RM1,000.00 for each day during which the offence continues.

Section 27

Discrimination against employee,No employer or trade union shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee-

makes a complaint about a matter which he considers is not safe or risk to health

is a member of a safety and health committee

exercises any of his functions as a member of the safety and health committee.

Penalty Section 27

OR

BOTH

FINE

RM 10,000.00

IMPRISONMENT

1 YEAR

compensate that person re-employed in his former position

Section 29

Safety and health officer.

This section shall apply to such class or description of industries as the Minister may, by order published in the Gazette, specify.

An occupier of a place of work to which this section applies shall employ a competent person to act as a safety and health officer at the place of work.

Penalty Section 29

OR

BOTH

FINE

RM 5,000.00

IMPRISONMENT

6 MONTHS

ORDEROSH (Safety & Health Officer)

Order 1997OSH (Prohibition of use Substances) Order 1999 CODE OF PRACTICES

GUIDELINES

ACT 514

ENFORCEMENT & INVESTIGATION Powers of entry, inspection, examination,

Entry into premises with search warrant

Entry into premises without search warrant

Power of forceful entry and service on occupier of signed copy of list of things seized from premises.

Power of investigation.

Power to examine witnesses.

Improvement notice and prohibition notice.

ENFORCEMENT & INVESTIGATION

Penalty for failure to comply with notice.

RM50,000.00 or 5 years imprisonment or to both, and to a further fine of RM500.00 for each day during which the offence continues.

Offences in relation to inspection.

RM10,000 or 1 Year imprisonment or Both.

Department of Occupational Safety and Health

• The Department of Occupational Safety and Health (DOSH) will be responsible for developing the best possible responses to public questions and expectations on OSH in fulfilling its role as the premier national OSH regulator and enforcer

National Institute of Occupational Safety and Health

• The National Institute of Occupational Safety and Health (NIOSH) isresponsible for OSH training and education, OSH promotion and OSH R&D. This is to complement the enforcement efforts of DOSH.

Social Security Organisation

• The Social Security Organisation (SOCSO) provides the social insurance safety net for Malaysian workers