2.0 Osh Legislation

8/13/2019 2.0 Osh Legislation

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IntroductionThe Act

Defines the scope and boundary, and the basic provisionsApproved by ParliamentThe are 2 act in OSH1.

ACT 139

FMA 19672. ACT 514 OSHA 1994

RegulationDetailed specific requirements of the Acts Approved by the Minister

Code of Practice/GuidelinesComplying with ACTMay be written by industries associations and endorsed by DOSHNot the Law


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Work with the riskEmployees


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OCCUPATIONAL SAFETY & HEALTHACT

OSHA 1994

(ACT 514)


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Categories of LegislationThere are 2 categories of legislations:1. Control of industrial activities or use of specific

materials/chemicalsMineral Enactment

Atomic Licensing Act 1984Pesticides Act 1974Petroleum (safety measure) Act 1984Electricity Supply Act 1990

2. Basic and general statutory requirementsAct 139 FMA 1967Act 514 OSHA 1994


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OSHA 1994To provides legislative framework for promotion, simulation,and encouraging high standard safety and health at work.Aim:

To promote health and safety awareness and establish effectivesafety and health organization and performance through self-regulation scheme which is designed to suit the particularindustry or organization.

Long term goal:To create a health and safe working culture among Malaysianemployers and employees.


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Scope of ApplicationIn all economic activity including public services andstatutory authorities.Except:

On Board shipsArmed Force


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OSH Philosophies

RESPONSIBILITIES TO ENSURE SAFETY AND

HEALTH AT THE WORKPLACE LIES WITHTHOSE WHO CREATE THE RISK AND THOSEWHO WORK WITH THE RISK

Lord Alfred Robens

OSHA ARE FOR YOURSELF AND OTHER PEOPLE


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OSHA

(Self-regulation)

Cooperation between otherworker are involved too and it

important.


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OSH 1994Occupational Safety & Health Act 1994 (OSHA 1994)Scope of Legislation

Protect safety and health of worker in all sectors of theeconomy (1st schedule OSHA)Element of Duty of Care


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Objective the ActTo secure the safety, health & welfare of person at workTo protect person (other than persons at work) at places ofwork against hazardTo promote occupational environment adaptable to thepersons physiological and psychological needsTo provide the means toward a legislative system based onregulations and industry codes of practice in combination

with the provisions of the Act.


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OSHA 1994 ContentPART I PreliminaryPART II Appointment of OfficersPART III National Council for Occupational Safety &HealthPART IV General Duties of Employers & Self-EmployedPART V General Duties of Designers, Manufactures &Suppliers

PART VI General Duties of EmployeesPART VII Safety & Health Organizations


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DefinitionEmployees

A person who is employed for wages under a contract of servicesin industries to which this Act applies and

Directly employed by principleemployer;Employed by immediate employer; andWhose services temporarily lent to

principle employer.

Self-employed personAn individual who work for gain or reward


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DefinitionImmediate Employer:

A person who has undertaken the execution at the place of workwhere the principal employer is carrying out his trade or business Section 3.

Employee

PrincipalEmployer

ImmediateEmployer

Pricincipat Employer:The owner of the industry or a person whom anemployee has entered into contract of servicesInclude manager, agent, or person responsiblefor payment of salary to an employeeInclude occupier of place work, legalrepresentative of deceased owner, stategovernment departments, local authority orstatutory body


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Definition

PLACE OF WORKPremises where persons work or premises used for storage of plant or substance Section 3.

Premises

Land or BuildingVehicle, vessel or aircraftInstallation on land, offshore and floatingTent or moveable structure

OCCUPIER OF PLACE OF WORKPerson who has the management or control of the place of work Section 3.


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Definition

LOJI(TEMPAT KERJA)

RUJUK SEKSYEN 3

JENTERA

KELENGKAPAN

PERKAKASAN

ALAT @PERALATAN

KOMPONEN


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General Duties

EMPLOYERS & SELF-EMPLOYED PERSONS

So far as is practicable

Provide and maintain safe plant and safe system of work Section 15(2)(a).Make arrangements for safe use, operation, handling, storage and transportation ofsubstances and plant Section 15(2)(b).

Provide information, instruction, training and supervision Section 15(2)(c).Provide and maintain safe place of work and safe access and egress Section15(2)(d); andProvide and maintain working environment that is safe and without health risk andwith adequate welfare facilities Section 15(2)(e).


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General Duties as far as is practicable

means having regard to (Section 3):

the severity of hazard or risk in question;the state of knowledge about hazard or risk and way of removing ormitigating the hazards or risk;the availability and suitability of ways to remove or mitigate the

hazard or risk; andthe cost of removing or mitigating the hazard or risk


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Practicable??


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Other DutiesEmployers & Self-Employed Person

Formulate written statement of OSH policy (SECTION 16)Conduct undertaking in such manner not to affect other person,

including the public (SECTION 17(1))

Employers

Provide information to other person on way his undertaking mayaffect them

Establish safety and health committee at the place of work


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General DutiesEmployee

Reasonable care for safety and health of himself and othersCooperate with employer and othersWear and use PPEComply with instructions on OSH


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FACTORIES & MACHINERY ACT

FMA 1967

(ACT 139)


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Introduction

ACT 64 in the year 1967Became Act 139 1 Feb 1970

Objective Of FMA 1967

Control of the factoryWith the aim to protect the safety andwelfare of the people inside

Registration and InspectionOf machinery and related items


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Content

Six Part Of FMA 1967

PART I PreliminaryPART II Safety, Health & WelfarePART III Person In Charge and Certificates of CompetencyPART IV Notification of Accident, Dangerous Occurrence and Dangerous DiseasesPART V Notice of Occupation of Factory, And Registration and Use of MachineryPART VI - General

Three Scedules1. First Schedule: Dangerous Occurrence2. Second Schedule: Serious Bodily Injury3. Third Schedule: Notifiable Occupational Diseases


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InterpretationFactory

Any Premises Where persons are employed in manuallabour in any process of the making, altering, repairing,ornamenting, sorting, finishing, cleaning, washing, breaking,demolishing, constructing, fitting adjusting of any article.

The said work is carrier on by way of trade for purpose ofgain

PremisesIncluding any building, place or floating structure.

ArticleMean any solid, liquid, or gas or any combination thereof, and include

electricity.


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InterpretationBut Does Not Include:

o Any premises used as garage fir locomotive or vehicle where only cleaning, washing andmirror repair are carried outo Any premises where less than 5 persons working and no machinery is use.

FMA 1967 Applicable to

o All work places defined as factory by Acto Accept:

Factory or machinery operated by Arm ForcersFactory or machinery operated by any force lawfully present in MalaysiaMachinery which subject to the Law relating to Merchant Shipping (1952

Peninsular & 1960 Sabah & Sarawak)


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Interpretation

Machinery

But not includes:Machinery used for driving force of vehicleMachinery driven by manual powerMachinery used for private and domestic purposeOffice machine


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2.0 Osh Legislation