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FMA vs OSHA
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Act FMA 1967 OSHA 1994
Known as Act 139 Act 514
Application Prescriptive
Too dependent on
government
Self regulations
Responsibilities to
employer and
employees
Consultation
Scope Only factories & machinery Occupational (as per
Schedule 1)
FMA 67 vs. OSHA 94
Schedule 1)
Exception On board ships
Armed Forces
On board ships
Armed Forces
Ministry Human Resource Human Resource
Department /
Enforcement
Factory & Machinery Dept DOSH
Training & Research - NIOSH
Regulations 11 Safety
4 Health
2 Amendment (2004/05)
9 Policy/SHO/Chemicals
Guidelines - 49 (till end 2011)
PHILOSOPHY & GUIDING PRINCIPLES
RESPONSIBILITIES TO ENSURE SAFETY
AND HEALTH AT THE WORKPLACE LIES
OSHA 1994
AND HEALTH AT THE WORKPLACE LIES
ON THOSE WHO CREATE THE RISK
AND THOSE WHO WORK WITH THE RISK
OBJECTIVES OF THE ACT
1. To secure the safety, health & welfare of persons at work;
2. To protect person (other than person at work) against
hazards;
3. To promote the occupational environment;
OSHA 1994
3. To promote the occupational environment;
4. Adaptable to the persons physiological and psychological
needs; and
5. An enabling act based on regulations and industrial codes
of practice in combination with the provisions of the act
OBJECTIVES OF THE ACT
1. Control of factories operations with respect to safety,
health and welfare of persons
2. Registration and inspection of machinery
FMA 1967
APPLICATION
1. OSHA 1994 supersedes the FMA 1967 in the event of any
conflict
2. FMA 1967 applies to mainly factories and construction
sites
OSHA 1994 vs. FMA 1967
sites
3. FMA and OSHA enabling act (give power to minister to
gazette detail regulations)
4. FMA contains some general provision on safety, health
and welfare
5. FMA-limited to manufacturing industry, mining and
quarrying and construction
6. FMA do not contain detail provisions on specific matters
(Detail provisions are stipulated under the regulations)
FIRST SCHEDULE OSHA 1994
1. Manufacturing
2. Mining & Quarrying
3. Construction
4. Agriculture, Forestry and Fishing
5. Utilities: Electricity, Gas, Water and Sanitary services5. Utilities: Electricity, Gas, Water and Sanitary services
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