RAMUNA BINTI MOHAMEDPOLICY AND RESEARCH DIVISIONDEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH
LATEST UPDATE OF OSH LAW
INTRODUCTION TO OSH FRAMEWORK
UPDATES OF OSH ACTS
UPDATES OF OSH REGULATIONS
UPDATES OF OSH SUPPORT DOCUMENTS
CONCLUSION
CONTENT
INTRODUCTION TO OSH LEGISLATION
OSH = CROSS-DISCIPLINARY AREA CONCERNED WITH PROTECTING THE SAFETY, HEALTH AND WELFARE OF PEOPLE ENGAGED IN WORK OR EMPLOYMENT
OSH GOAL = FOSTER A SAFE WORK ENVIRONMENT PROTECT PERSONS (CO-WORKERS, FAMILY
MEMBERS, EMPLOYERS, CUSTOMERS, SUPPLIERS, NEARBY COMMUNITIES, AND OTHER MEMBERS OF THE PUBLIC WHO ARE IMPACTED BY THE WORKPLACE ENVIRONMENT)
INTRODUCTION :OSH LEGISLATION
INTRODUCTION :OSH LEGISLATION
TOOLS : TO ASSIGN
SCOPE OF APPLICATION
FORMATION OF OSH COUNCIL
ROLE & RESPONSABILITIES
POWER
COLLECTION OF FEES
ACT
REGULATION
INDUSTRY CODES OF PRACTICES
CONVENTION
STANDARDS
GUIDANCES
INTRODUCTION :OSH FRAMEWORK
INTRODUCTION :OSH LEGISLATIVE FRAMEWORK
OCCUPATIONAL SAFETY AND HEALTH LEGISLATIVE FRAMEWORK
CONSTITUTIONAL PROVISIONS
LAWS RELATED TO OCCUPATIONAL
SAFETY AND HEALTH
MAJOR LAWS ON OCCUPATIONAL SAFETY
AND HEALTH
Employment Act 1955 (Act 265)Labor Ordinance of Sarawak (Amendment) Act 2005 (Act A1237) Labor Ordinance of Sabah (Amendment) Act 2005 (Act A1238)Children and Young Persons (Employment) Act 1966 (Act 350)Employees Provident Fund Act 1991 (Act 452)Employees’ Social Security Act 1969 (Act 4)Workmen’s Compensation Act 1952 (Act 273)Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446)Wages Council Act 1947 (Act 195)Pembangunan Sumber Manusia Berhad Act 2001 (Act 612)Industrial Relations Act 1967 (Act 177)Employment Information Act 1953 (Act 159)Private Employment Agencies Act 1981 (Act 246)Environmental Quality Act 1975 (Act 127)Atomic Energy Licensing Act 1984 (Act 304)Gas Supply Act 1993 (Act 501)Fire Services Act 1988 (Act 341)Uniform Building by Laws 1984Electricity Supply Act 1990 (Act 447)Pesticides Act 1974 (Act 149)
CONSTITUTIONAL PROVISIONS
LAWS RELATED TO OSH
Federal Constitution
INTRODUCTION :OSH LEGISLATIVE FRAMEWORK
o APPROVED BY PARLIMENTo SETS OUT :
DUTIES OF EMPLOYERS TOWARDS Employees Members of the public
DUTIES OF EMPLOYEES TO Themselves Others
o QUALIFIED DUTIES BY THE PRINCIPLE OF ‘SO FAR AS IS PRACTICABLE’
OSH ACT
ACT
PSMA 1984 [Act 302]
OSHA 1994 [Act 514]FMA 1967 [Act 139]
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, …
An Act to provide for the control of factories with respect to matters
relating to the safety, health and welfare of persons therein, the registration and inspection of
machinery and for matters connected therewith.
An Act to consolidate laws relating to safety in the transportation, storage and utilization of petroleum and to provide for matters relating thereto.
OSH ACTS
o APPROVED BY MINISTERo MADE UNDER THE PROVISION OF THE ACT o MORE EXPLICITo GOAL SETTING
o LEAVE EMPLOYERS FREEDOM TO DECIDE HOW TO CONTROL UNLESS RISKS ARE SO GREAT
PROPER CONTROL MEASURES SO COSTLY
NOT APPROPRIATE
OSH REGULATIONS
OSH REGULATIONSFM
A 1
967
[A
CT
139
]
PSM
A 1
984
[ A
CT
302]
OSH
A 1
99
4 [
AC
T 51
4]
SAFETY & HEALTH POLICY, 1995
CIMAH, 1996
SAFETY & HEALTH COMMITTEE , 1996
CPL, 1997
SHO, 1997
SHO ORDERS, 1997
PROHIBITION OF USE OF SUBSTANCE ORDER, 1999
USECHH , 2000
NADOPOD, 2004
CERTIFICATE OF COMPETENCY -EXAMINATION, 1970
ELECTRIC PASSENGER & GOOD LIFTS,1970
FENCING OF MACHINERY & SAFETY,1970
NOTIFICATION OF FITNESS & INSPECTIONS, 1970
PERSON –IN-CHARGE, 1970
SAFETY, HEALTH & WELFARE, 1970
STEAM BOILER & UPV, 1970
ADMINISTRATION, 1970
COMPOUNDING OF OFFENCES (REVOCATION), 2009
COMPONDABLE OFFENCES (REVOCATION), 2009
LEAD, 1984
ASBESTOS PROCESS, 1986
BOWEC, 1986
NOISE EXPOSURE, 1989
MINERAL DUST, 1989
TRANSPORTATION OF PETROLEUM BY PIPELINES, 1985
TRANSPORTATION OF PETROLEUM BY WATER, 1985
OSH ICOPo APPROVED BY MINISTERo HAVE A SPECIAL LEGAL STATUS
If employers are prosecuted for a breach of OSHA and it is proved that they have not followed the relevant provisions of the ICOP, a court can find them at fault unless they can show that they have complied with the law in some other way
o OFFER PRACTICAL EXAMPLES OF GOOD PRACTICE
o GIVE ADVICE ON HOW TO COMPLY WITH THE LAW A guide to what is ‘AS FAR AS PRACTICABLE’
OSH CONVENTIONS OSH CONVENTIONS = A TREATY ADOPTED BY
THE INTERNATIONAL LABOUR CONFERENCE OF ILO WHICH IS MADE UP OF GOVERNMENT, WORKER AND EMPLOYER DELEGATES FROM THE 183 MEMBER STATES OF THE ILO
OSH CONVENTION MORE THAN 40 CONVENTIONS (STANDARDS) 40 CODES OF PRACTICE
NOT COMPULSORY COUNTRY’S OBLIGATION
OSH STANDARDS STANDARD = A DOCUMENT ESTABLISHED
BY CONSENSUS AND APPROVED BY A RECOGNIZED BODY THAT PROVIDES FOR COMMON AND REPEATED USE, RULES, GUIDELINES OR CHARACTERISTICS FOR ACTIVITIES OR THEIR RESULTS, AIMED AT THE ACHIEVEMENT OF THE OPTIMUM DEGREE OF ORDER IN A GIVEN CONTEXTRefer : ISO/IEC GUIDE 2:1996
NOT COMPULSORY
OSH GUIDELINES COVER WIDE RANGE OF SUBJECTS NOT COMPULSORY AND EMPLOYERS
ARE FREE TO TAKE OTHER ACTION NORMALLY ENOUGH TO COMPLY WITH
THE LAW SPECIFIC TO Safety and Health problems of an industry Particular process used in the industry
OSH GUIDELINES THE MAIN PURPOSES OF GUIDANCE
ARE TO: Interpret & understand the law Help to comply with the law Give technical advice
UPDATE OF ACT :PROPOSED NEW ACT
New Act
Act 514
Act 139
UPDATE OF ACT :PROPOSED NEW ACT
TECHNICAL SPECIFICATION
POWER OF DIRECTOR GENERAL
SECTION 2 : INTERPRETATION OF FACTORY
PART III: PERSON IN CHARGE AND CERTIFICATES OF COMPETENCY
PART V : NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY
PART I: PRELIMINARY
PART II: APPOINTMENT OF OFFICER
PART III: NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH
PART IV: GENERAL DUTIES OF EMPLOYERS & SELF EMPLOYED PERSONS
PART V: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS & SUPPLIERS
PART VI: GENERAL DUTIES OF EMPLOYEES
PART VII: SAFETY & HEALTH ORGANIZATIONS
PART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING & OCCUPATIONAL DISEASES, & 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
UPDATE OF REGULATIONS :PROPOSED NEW REGULATION
NO REGULATION PURPOSE STATUS
1 Occupational Safety and Health (Occupational Safety and Health Management System) Regulations 201X
Ensure certain industryimplementing OSH management system to manage OSH issues at place of work
Attorney General Chambers (AGC)
2 Occupational Safety and Health (Inquiry Procedures) Regulations 201X
To provide legal inquiry procedure
Attorney General Chambers (AGC)
3 Occupational Safety and Health (Chemical Classification Labeling and Safety Data Sheets) Regulations 201X [CLASS]
To align with Globally Harmonised Systems (GHS) implementation.Will replace CPL Regulations 1997.
Attorney General Chambers (AGC)
NO REGULATION PURPOSE STATUS
4 Factories and Machinery (Special Scheme of Inspection)(Risk Based Inspection) 201X
To provide new scheme of certificate of fitness (CF) for industry who implementing RBI
Attorney General Chambers (AGC)
5 Occupational Safety And Health (Dangerous Machinery)Regulations 20XX
To provide requirements and responsibilities toperson dealing with dangerous machinery
DOSH
UPDATE OF REGULATIONS: PROPOSED NEW REGULATION
NO REGULATION PURPOSE OF AMENDMENT STATUS
1 Factories and Machinery (Persons in Charge) Regulations 201X
To update new requirement for steam engineer and driver tailored with industry needed
Attorney General Chambers (AGC)
2 Occupational Safety and Health (Safety and Health Officer) Regulations 201X
Ensure certain industryimplementing OSH management system to manage OSH issues at place of work
DOSH
3 Occupational Safety and Health (Safety and Health Officer) Order 201X
To specify the class or description of industries that require to employ safety and health officer
DOSH
UPDATE OF REGULATIONS: PROPOSED AMENDMENT
NO REGULATION PURPOSE OF AMENDMENT STATUS
4 Occupational Safety and Health (Safety and Health Committee) Regulations 201X
To improve and strengthen the function and effectiveness of SHC
DOSH
5 Factories and Machinery (Building Operation and Works of Engineering Construction)(Safety) 201X
To update new requirement tailored with construction industry needed
DOSH
6 Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 201X
To update new requirement for the usage and exposure of hazardous chemicals
DOSH
UPDATE OF REGULATIONS: PROPOSED AMENDMENT
NO ICOP PURPOSE GAZZETTE NO.
1 Occupational Safety and Health Industry Code of Practice on Chemicals Classification and Hazard Communication
To provide guidance to employers and employees on the proper and effective methods of classifying chemicals and communicatinghazard of chemicals
P.U.(B) 250/2012
UPDATE : NEW ICOP
NO ICOP REASON GAZZETTE NO.
1 Occupational Safety and Health Industry Code of Practice on Chemicals Classification and Hazard Communication
To align with the regulation DOSH
AMENDMENT ICOP
NO CONVENTION PURPOSE DATE RATIFIED
1 C187 : PROMOTIONAL FRAMEWORK FOR OSH, 2006
TO PROVIDE FRAMEWORKFOR OSH PROMOTING CONTINUOUS
IMPROVEMENT TO PREVENT OCCUPATIONAL INJURIES, DISEASES & DEATH
ACHIEVING SAFETY & HEALTHY WORKING ENVIRONMENT
JUN 2012
2 C155 : OCCUPATIONALSAFETY & HEALTH CONVENTION, 1981
TO PROVIDE FORMULATION,IMPLEMENTATION & REVIEW OF NATIONAL OSH POLICY
CONSIDERING TO RATIFY
UPDATE OF CONVENTION
NO STANDARDS PURPOSE GAZZETTE NO.
1 Occupational Safety and Health (OSH) Management Systems –Requirements (First Revision)
To provide requirements on OSHMS and basis for the development of a sustainable safety and health culture in the organisation
Will be made known later
UPDATE OF STANDARDS DOSH = SWO COVER WIDE RANGE OF SUBJECTS UNDER ISC W CURRENTLY : 218 MS DEVELOPED 163 (ADOPT - ISO) & 55 (INDIGENOUS)
PROPOSE MANDATORY STANDARD
NO STANDARDS PURPOSE GAZZETTE NO.
1 Safety Rules For The Construction And Installation Of Electric Lift
To provide requirements forConstruction And Installation Of Electric Lifts
2012
2 Safety Rules For The Construction And Installation Of Lifts -Hydraulic Lifts
To provide requirements forConstruction And Installation Of Hydraulic Lifts
2012
UPDATE OF STANDARDS ALSO UNDER ISC F (MECHANICAL
ENGINEERING ) CURRENTLY : 334 MS DEVELOPED 209 (ADOPT - ISO) & 125 (INDIGENOUS)
PROPOSE MANDATORY STANDARD
UPDATE OF GUIDELINES COVER WIDE RANGE OF SUBJECTS CURRENTLY : 55 GUIDELINES DEVELOPED AVAILABLE IN DOSH WEB SITE
LATEST STANDARDSNO GUIDELINES PURPOSE PUBLISHED DATE
1 Guidelines on Occupational Safety and Health Management Systems (OSHMS)
To guide and assist organizations on the implementation of theMS1722: occupational safety and health management systems - requirements standard
Dec 2010
UPDATE OF GUIDELINESLATEST STANDARDS
NO GUIDELINES PURPOSE PUBLISHED DATE
2 Guideline for Media Professionals
To provide media professionalswith information regardingsafety practices while working.
2011
3 Guidelines on MercuryManagement in Oil and Gas Industry
To provide information andrecommendations on how tomanage mercury in the Oil &Gas industry in compliancewith the Occupational Safetyand Health (Use andStandards of Exposure ofChemicals Hazardous toHealth) Regulations 2000.
2011
CONCLUSION
DOSH WILL CONTINUE TO REVIEW AND UPDATE THE OSH LEGISLATION
ALL PARTIES ARE WELCOME TO GIVE FEEDBACK FOR FURTHER IMPROVEMENTOF OSH LEGISLATION
THANK YOU
RAMUNA BINTI MOHAMEDDEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH
MINISTRY OF HUMAN RESOURCESLEVEL 2, 3 & 4 BLOCK D3, PARCEL D
FEDERAL GOVERNMENT ADMINISTRATION CENTER
62530 PUTRAJAYA, MALAYSIA
03-88865078 03-88892352