latest update osh regulation

7/28/2019 latest update osh regulation

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RAMUNA BINTI MOHAMED

POLICY AND RESEARCH DIVISION

DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH

LATEST UPDATE OF OSH LAW


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INTRODUCTION TO OSH FRAMEWORK

UPDATES OF OSH ACTS

UPDATES OF OSH REGULATIONS

UPDATES OF OSH SUPPORT DOCUMENTSCONCLUSION

CONTENT

INTRODUCTION TO OSH LEGISLATION


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OSH = CROSS-DISCIPLINARY AREA CONCERNEDWITH PROTECTING THE SAFETY, HEALTH ANDWELFARE OF PEOPLE ENGAGED IN WORK OREMPLOYMENT

OSH GOAL = FOSTER A SAFE WORK ENVIRONMENT

PROTECT PERSONS (CO-WORKERS, FAMILYMEMBERS, EMPLOYERS, CUSTOMERS,

SUPPLIERS, NEARBY COMMUNITIES, ANDOTHER MEMBERS OF THE PUBLIC WHO AREIMPACTED BY THE WORKPLACEENVIRONMENT)

INTRODUCTION :

OSH LEGISLATION


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INTRODUCTION :

OSH LEGISLATION TOOLS : TO ASSIGN

SCOPE OF APPLICATION

FORMATION OF OSH COUNCIL ROLE & RESPONSABILITIES

POWER

COLLECTION OF FEES


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ACT

REGULATION

INDUSTRYCODES OFPRACTICES

CONVENTION

STANDARDS

GUIDANCES

INTRODUCTION :

OSH FRAMEWORK


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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


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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)Workmens 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 1984

Electricity Supply Act 1990 (Act 447)

Pesticides Act 1974 (Act 149)

CONSTITUTIONAL

PROVISIONSLAWS RELATED TO OSH

Federal Constitution

INTRODUCTION :

OSH LEGISLATIVE FRAMEWORK


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o APPROVED BY PARLIMENT

o SETS OUT :

DUTIES OF EMPLOYERS TOWARDS

Employees

Members of the public DUTIES OF EMPLOYEES TO

Themselves

Otherso QUALIFIED DUTIES BY THE PRINCIPLE

OF SO FAR AS IS PRACTICABLE

OSH ACT


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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


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o APPROVED BY MINISTERo MADE UNDER THE PROVISION OF THE ACT

o MORE EXPLICIT

o

GOAL SETTINGo LEAVE EMPLOYERS FREEDOM TO DECIDE

HOW TO CONTROL UNLESS

RISKS ARE SO GREAT

PROPER CONTROL MEASURES SO COSTLY

NOT APPROPRIATE

OSH REGULATIONS


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OSH REGULATIONS

FMA

1967

[ACT13

9]

PSMA1984[ACT30

2]

OSHA

1994[ACT51

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


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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 canshow that they have complied with the law in some other

way

o OFFER PRACTICAL EXAMPLES OF GOOD

PRACTICEo GIVE ADVICE ON HOW TO COMPLY WITH

THE LAWA guide to what is AS FAR AS PRACTICABLE


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OSH CONVENTIONS

OSH CONVENTIONS = A TREATY ADOPTED BYTHE 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

COUNTRYS OBLIGATION


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OSH STANDARDS

STANDARD = A DOCUMENT ESTABLISHEDBY CONSENSUS AND APPROVED BY A

RECOGNIZED BODY THAT PROVIDES

FOR COMMON AND REPEATED USE,

RULES, GUIDELINES ORCHARACTERISTICS 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


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OSH GUIDELINES

COVER WIDE RANGE OF SUBJECTS NOT COMPULSORY AND EMPLOYERS

ARE FREE TO TAKE OTHER ACTION

NORMALLY ENOUGH TO COMPLY WITHTHE LAW

SPECIFIC TO Safety and Health problems of an industry

Particular process used in the industry


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OSH GUIDELINES

THE MAIN PURPOSES OF GUIDANCEARE TO:

Interpret & understand the law

Help to comply with the law Give technical advice


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UPDATE OF ACT :

PROPOSED NEW ACT

NewAct

Act514

Act139


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UPDATE OF ACT :

PROPOSED NEW ACT

TECHNICALSPECIFICATION

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 OFMACHINERY

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


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UPDATE OF REGULATIONS :

PROPOSED NEW REGULATIONNO REGULATION PURPOSE STATUS

1 Occupational Safety and

Health (Occupational Safety

and Health Management

System) Regulations 201X

Ensure certain industry

implementing OSH

management system to

manage OSH issues at

place of work

Attorney

General

Chambers

(AGC)


Health (Inquiry Procedures)

Regulations 201X

To provide legal inquiry

procedure

Attorney

General

Chambers

(AGC)

3 Occupational Safety andHealth (Chemical Classification

Labeling and Safety Data

Sheets) Regulations 201X

[CLASS]

To align with GloballyHarmonised Systems (GHS)

implementation.

Will replace CPL

Regulations 1997.

AttorneyGeneral

Chambers

(AGC)


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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 to

person dealing with

dangerous machinery

DOSH

UPDATE OF REGULATIONS:

PROPOSED NEW REGULATION


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NO REGULATION PURPOSE OF AMENDMENT STATUS


(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 industry

implementing 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


PROPOSED AMENDMENT


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NO REGULATION PURPOSE OF AMENDMENT STATUS


(Safety and Health Committee)

Regulations 201X

To improve and strengthen

the function and

effectiveness of SHC

DOSH


(Building Operation and Works

of Engineering

Construction)(Safety) 201X


tailored with construction

industry needed

DOSH


(Use and Standards of Exposureof Chemicals Hazardous to

Health) Regulations 201X


for the usage and exposureof hazardous chemicals

DOSH


PROPOSED AMENDMENT


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NO ICOP PURPOSE GAZZETTENO.


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 communicating

hazard 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


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NO CONVENTION PURPOSE DATE RATIFIED

1 C187 :

PROMOTIONAL

FRAMEWORK FOR

OSH, 2006

TO PROVIDE FRAMEWORK

FOR OSH PROMOTING CONTINUOUS

IMPROVEMENT TO

PREVENT OCCUPATIONAL

INJURIES, DISEASES &DEATH

ACHIEVING SAFETY &

HEALTHY WORKING

ENVIRONMENT

JUN 2012

2 C155 :OCCUPATIONAL

SAFETY & HEALTH

CONVENTION, 1981

TO PROVIDEFORMULATION,

IMPLEMENTATION &

REVIEW OF NATIONAL OSH

POLICY

CONSIDERING TORATIFY

UPDATE OF CONVENTION


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NO STANDARDS PURPOSE GAZZETTE NO.


Health (OSH)Management Systems

Requirements (First

Revision)

To provide requirements on

OSHMS and basis for thedevelopment 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


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NO STANDARDS PURPOSE GAZZETTE NO.

1 Safety Rules For The

Construction And

Installation Of ElectricLift


forConstruction And Installation

Of Electric Lifts

2012

2 Safety Rules For The

Construction And

Installation Of Lifts -

Hydraulic Lifts


forConstruction And Installation

Of Hydraulic Lifts

2012

UPDATE OF STANDARDS

ALSO UNDER ISC F (MECHANICALENGINEERING )

CURRENTLY : 334 MS DEVELOPED

209 (ADOPT - ISO) & 125 (INDIGENOUS)

PROPOSE MANDATORY STANDARD


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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 the

MS1722: occupational safety

and health management

systems - requirements

standard

Dec 2010


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UPDATE OF GUIDELINES

LATEST STANDARDSNO GUIDELINES PURPOSE PUBLISHED DATE

2 Guideline for Media

Professionals

To provide media professionals

with information regarding

safety practices while working.

2011

3 Guidelines on Mercury

Management in Oil and

Gas Industry

To provide information and

recommendations on how to

manage mercury in the Oil &

Gas industry in compliance

with the Occupational Safety

and Health (Use and

Standards of Exposure of

Chemicals Hazardous to

Health) Regulations 2000.

2011


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CONCLUSION

DOSH WILL CONTINUE TO REVIEW AND

UPDATE THE OSH LEGISLATION

ALL PARTIES ARE WELCOME TO GIVEFEEDBACK FOR FURTHER

IMPROVEMENTOF OSH LEGISLATION


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THANK YOU

RAMUNA BINTI MOHAMEDDEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH

MINISTRY OF HUMAN RESOURCES

LEVEL 2, 3 & 4 BLOCK D3, PARCEL D

FEDERAL GOVERNMENT ADMINISTRATION CENTER62530 PUTRAJAYA, MALAYSIA

03-88865078

03-88892352 [email protected]

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latest update osh regulation