Dengan nama Allah yang maha

pemurah lagi maha penyayang..

Ya Tuhanku, lapangkanlah dadaku
dalam menjalankan tugasku, bukalah
simpulan lidahku supaya muridku
memahami setiap perkataanku.

TOPIC 1: INTRODUCTION TO
OCCUPATIONAL SAFETY AND HEALTH
(OSH) LEGISLATION
2
OSH
Occupational Safety and Health is a condition
in which an employee needs a work
environment that is safe and healthy for
themselves and others who may be affected
by its activities
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LEGAL HISTORY OF OSH

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
Occupational Safety And Health
Act 1994

Factory & Machinery Act 1967
In the year 1967, the Factory and Machinery
Act was approved by the Parliament of
Malaysia.

In 1970, the Factory and Machinery Act and
eight regulations under the act were enforced.

This act was legislated to overcome the
weaknesses in the Machinery Ordinance 1953,
They were not protected if they are working
in a workplace that doesnt use machinery.
6
Factory and Machinery Act 1967 (ACT
139)

- was enacted in 1967 as Act 64.
- was revised on 1 April 1974 and amended to the Law
of Malaysia Act 139.

Objectives :

To provide control on factories to ensure the safety ,
health and welfare of person therein (workers).
For the purpose of registration and inspection of
machinery and for matters connected therewith.

OSHA 1994
This legislation was made considering the fact
that the Factory and Machinery Act 1967
only covers occupational safety and health in
the manufacturing, mining, quarrying and
construction industries, whereas the other
industries are not covered.

The purpose of Occupational Safety and
Health Act 1994 is to promote and encourage
occupational safety and health awareness
among workers and to create effective safety
and health measures in the organization
8
OSHA 1994
Main principles that had been taken as the
foundation in the drafting of this Act.

1. Self-regulation
To handle issues relating to occupational
safety and health, employers must develop a
good and orderly management system.
Starting with formation of a safety and health
policy and consequently employers have to
make the proper arrangements to be carried
out.
9
OSHA 1994
2. Consultation- tri partite
where employers, employees and the government
must negotiate to settle issues and problems
relating to occupational safety and health at the
workplace.

3. Co-operation
where employers and employees must co-operate
to take care, nurture and to increase the quality
of occupational safety and health at the
workplace. Without co-operation between
employers and employees, none of the
occupational safety and health programmes
carried out would succeed.

10
Objective of OSHA 1994
1. To secure the safety, health and welfare of persons at work
against risks
2. To protect persons at a place of than persons at work
against risks work other
3. To promote an occupational environment for persons at
work which is adapted to their physiological and
psychological needs.
4. To provide the means whereby the associated occupational
safety and health legislations may be progressively replaced
by a system of regulations and approved industry codes of
practice operating in combination with the provisions of
this Act designed to maintain or improve the standards of
safety and health.

11
Duty of care


- An employer has legal responsibilities to ensure the health and
safety of its employees and others on the work site.

Employers are not exempted from the responsibility under duty of
care even though he has assigned a competent person to execute
the task
(Wilsons and Clyde Coal vs English)

Employers are however , not responsible for any actions by the
worker which do not fall within the scope of his job such as
horseplay while at work

(Smith vs Crossley Bros Ltd)


Meaning of 'employer (according to 1994 Act)
Direct employer / the owner of an industry / a
person with whom an employee has contract
and services. (Manager, agent, occupant ,
representatives, Government Departments,
Local Authorities (PBT), Statutory Bodies
(Badan Berkanun)
SECTION 15, 514 ACT
DUTIES OF EMPLOYER
as far as practicable..
provide and maintain safe plant and work system

make arrangement for safe use, operation, handling,
storage and transportation of plant and substances

provide instruction, information, training and
supervision
SECTION 15, 514 ACT
DUTIES OF EMPLOYER (cont.)
as far as practicable
provide and maintain safe place of work and
means of access to and egress from any place of
work

provide and maintain safe and healthy working
environment and adequate welfare facilities
SECTION 15, 514 ACT
DUTIES OF EMPLOYER (cont.)
Formulate safety and health policy
Written Statement
OSH Organisation
OSH Arrangement
SECTION 15, 514 ACT
PENALTY FOR SECTION 15


PENALTY
RM 50,000.00
IMPRISON
2 YRS
OR
BOTH
SECTION 16, 514 ACT

GENERAL DUTIES OF EMPLOYERS

Employers and the self-employed employers
must provide a written statement of the
SAFETY AND HEALTH POLICY for employees
and the organization


PENALTY FOR SECTION 16


PENALTY
RM 50,000.00
IMPRISON
2 YEARS
OR
BOTH
SECTION 17, 514 ACT

GENERAL DUTIES OF EMPLOYERS TO OTHER
PERSON BESIDES HIS EMPLOYEES

To ensure others safety and health from his
activities

Provide information on his activities to others
to ensure safety & health



PENALTY FOR SECTION 17


PENALTY
RM 50,000.00
IMPRISON
2 YEARS
OR
BOTH
SECTION 18, 514 ACT

DUTIES OF THE WORKPLACE INMATES
TO OTHERS BESIDES THE EMPLOYEE


Plant, materials and
in / out access route
must be safe & healthy



PENALTY FOR SECTION 18


PENALTY
RM 50,000.00
IMPRISON
2 YEARS
OR
BOTH
Employee
A person who is employed and be paid under
the contract on or in connection with the
industry
Employed directly by the employer
Employed by the employer under the
supervision of the employer or his agent
The services are lent or hired by the employer

Duty of employee
Reasonable care for safety and health of
himself and others
Co-operate with employer and others
Wear and use PPE
Comply with instruction on OSH
SECTION 24, 514 ACT

GENERAL DUTIES OF EMPLOYEES

Ensure his safety and others
Cooperate with employers and others
Use Personal Protective Equipment (PPE)
Comply to the safety instructions


PENALTY FOR SECTION 24


PENALTY
RM 1,000.00
IMPRISON
3 MONTH
OR
BOTH
SECTION 25, 514 ACT

Anyone who purposely or negligently
interfere or misuse anything that
provided for safety, health and welfare in
accordance with this act
PENALTY FOR SECTION 25


PENALTY
RM 20,000.00
IMPRISON
2 YEARS
OR
BOTH
SECTION 26, 514 ACT

The employer shall not levy or charge
employees on matters that held for the
purpose of safety, health and
welfare of employee
PENALTY FOR SECTION 26


PENALTY
RM 10,000.00
IMPRISON
1 YEAR
OR
BOTH
SECTION 27, 514 ACT

The employer or union can not
discriminate workers.


PENALTY FOR SECTION 27


PENALTY
RM 10,000.00
IMPRISON
1 YEAR
OR
BOTH
Tambahan: Gantirugi , ambil semula
Occupational safety and health (OSH)
legislation is combination of two pieces of
legislation :

a) Statutory Law
b) Common Law

a) Statutory Law

- Comprises of Acts and Regulations
- Legislated by Government
- Violation of statutory law is crime
- Penalties and imprisonment
- Prosecution by Government Officer (e.g.
Deputy Attorney General ) in Criminal Court

b) Common Law

- Judgments by Judges and the Civil Court
- Enables the injured party to make claims against the
defaulting party
- Application for trial is made by the lawyer appointed
by the injured person
- Upon conviction ( monetary compensation )

Law of Torts
Law of Contract

Law of Tort

- Tort is a civil wrong
- Allows the injured party to make a claim against
the party committing the wrongful act.
- Classification of torts :
i) Nuisance (kacau ganggu)
ii) Negligence (kecuaian)
iii) Defamation (fitnah)
iv) Trespassing ( pencerobohan )

Occupational Safety and Health Related
Organizations in Malaysia
Construction
Industry
Development
Board
(CIDB)
Human Resource
Ministry
Department of
Safety And Health
(DOSH)
National Institute of
Safety and Health
(NIOSH)
SOCSO
Role of DOSH
Department of Safety and Health (DOSH)

- The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of
Human Resources.

- responsible for ensuring the safety, health and welfare of people at work.

Role :

To study and review the policies and legislations of occupational safety and health.

To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its regulations.
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its regulations.

To conduct research and technical analysis on issues related to occupational safety and health at
the workplace.

To carry out promotional and publicity programs to employers, workers and the general public to
foster and increase the awareness of occupational safety and health.

To become a secretariat for the National Council regarding occupational safety and health


National Institute of Occupational
Safety and Health (NIOSH)

Role :
to disseminate information to the industries as well as the
public as whole by the infrastructure development and the
information technology software .

to organize and participate in various exhibitions, seminar
and conferences held nationwide as well as advises and
supports industries in their safety and health campaign
activities.

to consult and to meet the clients request in the effort of
elevating OSH in the workplace as the preferred partner in
industries.

Social Security Organisation (SOCSO)

Role :
Registration of employer and employee
collecting contribution
processing benefit claims
make payment to the injured worker and their
dependents.
provide vocational and physical rehabilitation
benefits
enhance occupational safety and health
awareness of workers.
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Activity
Explain employers & employees resposibilities
according to OSHA


Explain briefly the occupational safety and
health ordinance and act in Malaysia
Ya Tuhanku, berikanlah kefahaman kepada
muridku atas setiap apa yang ku
sampaikan , semoga mereka dalam
kalangan mereka yang bersyukur dan
mentaatiMu, yang menjaga auratnya dan
terdidik akhlaknya.

Amin
Answers

4.1 provide and maintain safe plant and working system
4.2 make arrangement for safe use, operation, handling, storage and
transportation of plant and substances
4.3 provide instruction, information, training and supervision
4.4 provide and maintain safe work and means of access to and egress
from any place of work
4.5 provide and maintain safe and healthy working environment and
adequate welfare facilities


5.1 Ensure his safety and others
5.2 Cooperate with employers and others
5.3 Use Personal Protective Equipment (PPE)
5.4Comply to the safety instructions