Diapositiva 1

1.0 HEALTH SAFETY AND ENVIROMENT MANAGEMENT (Pengurusan Kesihatan, Keselamatan dan Persekitaran)

Mohd Fairuz Bin MarianOSH BBP202021.1 Introduction to OSH1.2 OSHA 1994 (Act 514)1.3 FMA 1967 1.4 EQA 19741.5 Occupational Safety and Health Management System 1.6 Safety, Health & Environment CultureCHAPTER OUTLINEENVIRONMENT MANAGEMENT

INJURIES AND ILLNESSFatalityParalyzed Premature birthPhysical disability blind, deaf, lost of senses.Cancer disease, kidney damage, heart failure etc.

SOCSO DATAYear 1995Industry Accidents114,134Occupational Fatality952

Tahun 2002Industry Accidents 81,810Occupational Fatality 858Road Accidents15 (daily)

SAFETY ?Why its important?OurselvesPeople around us

TermsSafety is not securityWe need security for safety purposes from dangerMuslim responsibility.Fear vs Brave Concept

LEGISLATION HISTORY OF NATIONAL SECURITY

1890: The Perak Order In Council (1908)Enacted in Perak in the tin mining industry and expanded usage in the Federated Malay States in 1908.

1953: The Machinery Ordinance (1953)Ensure labor safety and health protection.

1967: Factories and Machinery Act (1967)Enforced by the Department of Factories and Machinery under Ministry of Labour.Scope: Covers manufacturing industry only.

1984: Petroleum Act (1984)

1994: Occupational Safety and Health Act (OSHA) Act (514) 1994Scope: Covers almost all industries except ship employees & military.WORKFIELD DISTRIBUTION IN MALAYSIA

Source: SOCSOACCIDENT RATE (per 1000 workers)Sumber : SOCSO

FATALITY AND PERMENANT DISABILITY ACCIDENTS CAUSED BY WORKFIELD

Sumber: SOCSO19891988HUK-Hilang Upaya Keka1 1.1 INTRODUCTION TO OSHDEFINITIONOccupational Health is the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations by preventing departures from health, controlling risks and the adaptation of work to people, and people to their jobs.

(ILO / WHO 1950)

1. Department of Occupational Safety and Health (DOSH) Function: Enforce OSHA Act 1994, FMA 1967, & Petroleum Act (Safety Measures) 1984 Objectives: a)To prepare and preserve a workplace with a safe and healthy working systemb)To ensure that all staff are provided with the relevant information, instruction, training and supervision regarding methods to carry out their duties in a safe manner and without causing any risk to healthc)To investigate all accidents, diseases, poisonous and/or dangerous occurrences, and to have action taken to ensure that these occurrences will not be repeatedd)To enforceFMA1967 and OSHA1994e)To implement promotion workf )To review existing laws and regulationsg)To provide service of advises and expertise h)To be sectarians to the National Council for OSH

GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTHGOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH

National Institute of Occupational Safety & Health (NIOSH)Established in 1992 to enhance OSH in Malaysia, mainly through:Training and curriculum development ConsultationResearch and DevelopmentInformation dissmination

GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH (cont)GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH

Constrution Industry Development Board Malaysia (CIDB)Objectives: To implement the government policies that related to the development of the construction industry.

Initiative: Site Assessment Program The Green Book Program

GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH (cont)GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH

Sosial & Security Organisation (SOCSO)

The main purpose is to administer social security schemes and provides protection to workers against some unexpected circumstances such as employment injury, including accidental death while traveling.

Initiative: Workforce training on the prevention of accidents. Updating change health and safety standards Regularly inspect the facilities office to identify and correct weaknesses. Review plans for a new plant or expected, office equipment guarantee facility design and construction as well as operation

GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH (cont)CONTENTS:

15 parts a)67 sectionsb)3 SchedulesPart I III : Provide infrastructure for appointment of officers & national councilPart IV VI : Essence of the Act

Regulations and Ordersa)7 regulationsb)2 orders

1.2 OSHA 1994 (Act 514)MAIN PROVISION:PART I: PRELIMINARYPART II: APPOINTMENT OF OFFICERSPART III : NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTHPART IV: GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED PERSONSPART V: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS & SUPPLIERSPART VI: GENERAL DUTIES OF EMPLOYEESPART VII: SAFETY AND HEALTH ORGANIZATIONSPART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING & OCCUPATIONAL DISEASES & ENQUIRYPART IX: PROHIBITION AGAINST USE OF PLANT OR SUBSTANCEPART X: INDUSTRY CODES OF PRACTICEPART XI: ENFORCEMENT & INVESTIGATIONPART XII: LIABILITY FOR OFFENCESPART XIII: APPEALSPART XIV: REGULATIONSPART XV: MISCELLANEOUS

1.2 OSHA 1994 (Act 514)(cont)

PART I: PRELIMINARYScopes of Applications:

Manufacturing - foods & beverage, tobacco, textile, clothing etc.Mining & Quarrying - coal & metal miningConstructionAgriculture, Forestry, FishingUtilities - electricity, gas, water, sanitaryTransport, storage & communications - trucking, buses, warehouseWholesale & Retail trades - automotives, householdHotel & restaurantsFinance, Insurance, Real-estate & Business services - Insurance agencies, banks etc.Public services & Statutory bodies - Government bodies, UniversitiesExemptions :Work on board ships governed by: - Merchant Shipping Ordinance 1952 (Ord. 70/52) - Merchant Shipping Ordinance 1960 of Sabah or Sarawak (Sabah Ord. 11/60 & Swak Ord. 2/60)The armed forces defined in: - Armed Forces Act 1972

1.2 OSHA 1994 (Act 514)(cont)Part I: PRELIMINARY

Objectives:To secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work.To protect persons at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work.To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs.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.

1.2 OSHA 1994 (Act 514)(cont)Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED PERSONS

Section 15: General duties of employer to employee

It shall be the duty of every employer and self-employed person to ensure, as far as practicable, the safety, health and welfare at work of all his employees.

Without prejudice to the generality of sub-section (1), the matters which the duty extends include in particular (so far as is practicable):

To provide & maintain the plant and systems of work.Make arrangements to ensure safety related with the use or operation, handling, storage and transport of plant & substances.To provide information, instruction, training & supervision.To make sure the conditions of workplace is safe and healthy inclusive of well-maintained & safe entrance / exit.To provide & maintain a conducive working environment.

1.2 OSHA 1994 (Act 514)(cont)Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED PERSONS

Section 16: Duty to formulate safety and health policy

Except in such cases as may be prescribed, 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.1.2 OSHA 1994 (Act 514)(cont)Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED PERSONS

Section 17: General duties of employer to persons other than their employee

To ensure person other than his employees who might be affected is not exposed to any health & safety risk.To provide information as to how work activities carried out might affect the safety of these persons.

Persons other than employee contractors, family members, customers, sales person etc.Trespassers are not covered under this act given adequate precautions have been taken by the company to avoid possibilities trespassing.

1.2 OSHA 1994 (Act 514)(cont)Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED PERSONS

Section 18: Duties of an occupier of a place of work to persons other than his employees

An occupier of non-domestic premises which has been made available to persons, not being his employees, as a place of work, or as a place where they may use a plant or substance provided for their use there, shall take such measures as are practicable to ensure that the premises, all means of access thereto and egress there from available for use by persons using the premises, and any plant or substance.

2)A person who has, by virtue of a contract or lease or otherwise, an obligation of anyextent in relation to(a) the maintenance or repair of a place of work or any means of access thereto or egress there from; or(b) the prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work, shall for the purpose of subsection (1) be deemed to have control of the matters to which his obligation extends.1.2 OSHA 1994 (Act 514)(cont)

Part V GENERAL DUTIES OF DESIGNERS, MANUFACTURERS & SUPPLIERS

Section 20: General duties of manufacturers, etc as regards plant for use at workSection 21: General duties of manufacturers, etc as regards substances for use at work

Ensure the plant/substance is designed, constructed, formulated to be safe & without risk to health when properly used.To test & examine the plant/substanceTo issue instructions to employer on how to operate/handle the plant/substance.Designer and manufacturers must carry out research to discover & eliminate or minimize risk of their plant/substance.For plant used at work only:Persons who install any plant must ensure it is safe & does not harm the user when properly used/operated.

1.2 OSHA 1994 (Act 514)(cont)Part VI General Duties of Employees

Section 24: General duties of employees at work

It shall be the duty of every employee while at work:

Take reasonable care for the health and safety of himself and other persons who may be affected by his acts at work.Cooperate with employer & others to fulfill requirements under this Act.Wear provided PPE.Follow & comply with instructions related to OSH.

Section 25: Duty not to interfere with or misuse things provided pursuant to certain provisions A person is not to intentionally interfere or misuse anything that has been provided in the interest of health, safety & welfare of employees & other persons at work.

1.2 OSHA 1994 (Act 514)(cont)Part VI General Duties of Employees

Section 26: Duty not to charge employee for things done or provided

Employer must not charge his employees for providing personal protective equipment (PPE) or other requirements of the law.

Section 27: Discrimination against employee etc

No employer shall dismiss an employee, injure him in his employment or demoted if employee: &No trade union shall take any action on its member who:Makes a complaint about safety and health matters at the workplaceExercise his functions as a member of safety & health committee in the workplace

1.2 OSHA 1994 (Act 514)(cont)PENALTIESOffenceMaximum PenaltiesRM and/or ImprisonmentDuty of employer / self-employed to employees & non-employees100,0002 yearsDuty of occupier to non-employees100,0002 yearsDuty of designers / manufacturers20,0002 yearsDuty of employee1,0003 monthsDuty not to interfere / misuse things provided pursuant to certain provisions20,0002 yearsDiscrimination against employee by employer / trade union10,000 + Damages + Reinstatement order1 year1.2 OSHA 1994 (Act 514)(cont)SUMMARY OF PART IV:

GENERAL DUTIES OF AN EMPLOYER/SELF EMPLOYED

Provide and maintain systems of work including machineries, equipment, tools, and storage and transportation facilities that are safe and without health risk.Provide information, instruction, training and supervision to ensure that all activities, including the operation of machineries and handling of toxic substances, are carried out safely and without health risk. Section 15Provide a safe workplace for both employees and visitors, with adequate means of access and exit and welfare facilities.For employers with more than five employees, formulate a written policy on OSH matters and inform all employees regarding the policy. Section 16 Penalty for failure to comply: RM 100,000 or two years imprisonment or both.- Section 19

1.2 OSHA 1994 (Act 514)(cont)SUMMARY OF PART V:

GENERAL DUTIES OF A DESIGNER /MANUFACTURER /SUPPLIER

To ensure that machineries or substances supplied are safe and without health risks when properly used.To arrange for necessary testing of machineries or substances supplied.To provide sufficient information and training to ensure the safe use of machineries or substances supplied. To carry out necessary research to minimize any risk to safety or health that may arise from machineries and substances supplied.- Section 20To ensure the safe installation of machineries supplied.Penalty for failure to comply: RM 20,000 or two years imprisonment or both.

1.2 OSHA 1994 (Act 514)(cont)SUMMARY OF PART VI:

GENERAL DUTIES OF AN EMPLOYEE

To take care to ensure the safety of himself and other persons.To provide full cooperation to the employer and other persons in complying with the requirements of OSHA 1994.To wear or use, at all times, any protective equipment or clothing provided by the employer.-Section 24Not to intentionally, recklessly or negligently interfere with or misuse any item provided or activity carried out in the interest of OSH in pursuance of the OSHA 1994.-Section 25Penalty for failure to comply: RM 1,000 or three months imprisonment or both.

1.2 OSHA 1994 (Act 514)(cont)OBJECTIVES:

1. Control of factories with respect to matters relating to safety, health and welfare of persons.2. Registration & inspection of machinery.

MAIN PROVISIONS:

PART I : PreliminaryPART II : Safety, Health & WelfarePART III : Persons in Charge & Certificates of CompetencyPART IV : Notification of Accident, Dangerous Occurrence & Dangerous DiseasesPART V : Notice of Occupation of Factory & Registration & Use of MachineryPART VI : General

1.3 FMA 1967REGULATIONS:Certificates of competency examination 1970Electric passenger and goods lift - 1970Fencing of machinery & safety - 1970Notification, certificate of fitness & inspection - 1970Persons in charge - 1970Safety, health & welfare - 1970Steam boiler & unfired pressure vessel - 1970Administration 1970 Lead 1984Asbestos process 1986Building operations & works of engineering construction (safety) 1986Noise exposure 1989Mineral dust 1989Compounding of offences (revocation) rules 2010Compounding of offences (revocation) rules (No. 2) 2010

1.3 FMA 1967(cont)FMA 67 vs OSHA 94

FMA 1967OSHA 1994ScopeIndustry involving the use of machineries: Manufacturing, Mining & Quarrying, Construction (except those operated by armed forces & seafarers)ALL economic activities & government except armed forces & seafarersApproachPrescriptiveToo dependent on governmentSelf-regulationTripartite responsibilities - employer, employee & governmentObjectiveFocus on control of factories& machineryFocus on safety, health & welfare of employees & other persons1.3 FMA 1967(cont)OBJECTIVES:

Prevention of pollutionAbatement of pollution levelsControlling the pollution from further growthEnhance the environment

MAIN PROVISIONS:

PART I : PreliminaryPART II : AdministrationPART III : LicensesPART IV : Prohibition and Control of PollutionPart IV(a): Control of Scheduled WastesPART V : Appeal and Appeal BoardPart V(a): Payment of Case and Environmental FundPART VI : Miscellaneous

1.4 EQA 1974PART IV: Prohibition and Control of Pollution

Section 22. Restrictions on pollution of the atmosphere

No person shall, unless licensed, emit or discharge any environmentally hazardous substances, pollutants or waste into the atmosphere in contravention of the acceptable conditions specified.

Without limiting the generality of subsection (1), a person shall be deemed to emit or discharge wastes into the atmosphere if:He places any matter in a place where it may be released into the atmosphereHe causes or permits the discharge of odors which by virtue of their nature, concentration, volume or extent are obnoxious or offensiveHe burns any waste of the trade, process or industryHe uses any fuel burning equipment not equipped with any device or control equipment required to be fitted to such equipment

(3) Any person contravenes subsection (1) shall be fined not exceeding RM100,000 or 5 years imprisonment or both & to further fine not exceeding RM1000/day until the issue is resolved.

1.4 EQA 1974(cont)PART IV: Prohibition and Control of Pollution

Section 23. Restrictions on noise pollution

No person shall, unless licensed, emit or cause or permit to be emitted any noise greater in volume, intensity or quality in contravention of the acceptable conditions. Any person contravenes subsection (1) shall be fined not exceeding RM100,00 or 5 years imprisonment or both & to further fine not exceeding RM500/day until the issue is resolved.

The commonly stated range of human hearing is 20 Hz to 20 kHz.* If greater than 55 db, caused irritating1.4 EQA 1974(cont)PART IV: Prohibition and Control of Pollution

Section 24. Restrictions on pollution of the soil

No person shall, unless licensed, pollute or cause or permit to be polluted any soil or surface of any land in contravention of the acceptable conditions.Notwithstanding the generality of subsection (1), a person shall be deemed to pollute any soil or surface of any land if:He places in or on any soil or in any place where it may gain access to any soil any matter whether liquid, gaseous orHe establishes on any land a refuse damp, garbage tip, soil & rock disposal site, sludge deposit site etc for the disposal of a repository for solid or liquid wastes which interfere with underground water or be detrimental to any beneficial use of the soil or surface of the land.(3) Any person contravenes subsection (1) shall be fined not exceeding RM100,000 or 5 years imprisonment or both & to further fine not exceeding RM1000/day until the issue is resolved.

1.4 EQA 1974(cont)PART IV: Prohibition and Control of Pollution

Section 25. Restrictions on pollution of inland waters

No person shall, unless licensed, emit, discharge or deposit any environmentally hazardous substances, pollutants or wastes into any inland waters in contravention of the acceptable conditions.

Without limiting the generality of subsection (1), a person shall be deemed to emit, discharge or deposit wastes into inland waters if:He places any wastes in or on any waters or in a place where it may gain access to any watersHe places any waste in a position where it falls, descends, drains evaporates etc into any waters, or knowingly or through his negligence, whether directly or indirectly, causes any wastes to be placed in such positionHe causes the temperature of the receiving waters to be raised or lowered by more than the prescribed limits.

(3)Any person contravenes subsection (1) shall be fined not exceeding RM100,000 or 5 years imprisonment or both & to further fine not exceeding RM1000/day until the issue is resolved.

1.4 EQA 1974(cont)PURPOSE:

To provide a method to assess and improve performance in the prevention of workplace incidents and accidents via the effective management of hazards and risks in the workplace.

Reduce medical billsReduce insurance premiumsReduce compensation claimReduce material & production loss

1.5 Occupational, Safety & Health Management SystemThe Deming Cycle :

1)Plan :Set-up OSH policy; System planning including resources allocation; Provision of skills & organization of the system; Hazard identification; Risk assessment.2)Do :Actual implementation & operation of OSH program; Collect data.3)Check : Measure performance of the program.4)Act : Preventive & Corrective action to bridge the gap; Continual improvement.

1.5 Occupational, Safety & Health Management System(cont)OSH-MS Standard

OHSAS 18001Published in 1999 by British Standard InstituteInternational StandardWidely used; Certifiable

OHSMS 1722Published in 2003 Malaysian Standard; CertifiableAdapted from ILO-OSH 2001PolicyOrganizingPlanning & ImplementationEvaluationAction for improvement

1.5 Occupational, Safety & Health Management System(cont)

Further information refer to ILO-OSH 20011.5 Occupational, Safety & Health Management System(cont)DEFINITIONS:

Safety: Measures and practices undertaken to prevent and minimize the risk of loss of life, injury and damage to property and environment Culture: Way of life, the customs, beliefs and attitudes that people in a particular group or organization share

Safety culture: the product of multiple interactions between people (psychological), jobs (behavioral) and the organization (situational)in the field of occupational safety and healthor. the product of the individual and group values, attitudes, perceptions, competencies and patterns of behavior that determine the commitment to, and the style and proficiency of, an organizations safety and health management. (Cooper 2000)

1.5 Occupational, Safety & Health Management System(cont)SAFETY CULTURE MODEL :

1.5 Occupational, Safety & Health Management System(cont)HSE: SYSTEM MODEL OF SAFETY CULTURE

1.5 Occupational, Safety & Health Management System(cont)STATUS:

1.5 Occupational, Safety & Health Management System(cont)CURRENT OSH RESEARCH:

(Visual Display Unit)(Permissible Exposure Limits)1.6 Safety, Health and Environment CultureSTRATEGIES TO INCULCATE SAFETY CULTURE:

1.6 Safety, Health and Environment Culture(cont)DOSH STRATEGY :

1.6 Safety, Health and Environment Culture(cont)

1.6 Safety, Health and Environment Culture(cont)