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HEALTH, SAFETY AND
ENVIRONMENTMANAGEMENT
LECTURED BY:
PN. NORHAYATI NGADIMANPM HJ. ISMAIL YUSOF
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SUBTOPIC
1.1 Introduction to OSH1.2 OSHA 1994 (Act 154)
1.3 FMA 1967 (Act 139)
1.4 EQA 1974 (Act 127)
1.5 Occupational Safety and Health Management System
1.6 Safety, Health and Environment Culture
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1.1 INTRODUCTION TO OSH
HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
What is OSH
OSH
Cross-disciplinary area concerned on protecting safety health and welfare
related to work.
Interaction of various disciplines
Protection of
workers and others
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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
Reference: Borderless Resources Sdn Bhd
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Health
Safety
Protection of bodies and minds of people from illness
resulting from materials, processes or procedures
used in workplace
Measures and practices undertaken to prevent and
minimize the risk of loss of life, injury and damage to
property and environment
Welfare The provision of facilities to maintain the health andwell-being of individuals at workplace
HazardSource or a situation with a potential for harm in terms of
human injury or ill health, damage to property, damage to
the environment or a combination of these.
RiskCombination of likelihood of an occurrence of hazardous
events and the severity of injury or damage to property or
environment or combination of this.
Danger Relative exposure to hazard
Some Basic Definition
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HAZARD
Psychosocial
Ergonomics
Physical
Chemical
Biological
Mechanical Electrical
HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
Hazard Classifications
Mainly hazard that can cause
physical harm
Anything arising from living
organisms that poses a threat to
human
Arises from contamination with
harmful or potentially harmful
chemicals
Workplace conditions that pose the
risk of injury to the musculoskeletal
system of the worker
Any factor or situation (stressor)
that may cause distress or
psychological harm and social
problems
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SAFETYvs. HEALTH
Safety Health
is concerned with injured
causing situation
is concerned with disease
causing condition
is concerned hazard to
humans that result fromsudden severe condition.
deal with adverse reaction to
prolonged expose todangerous but less intense
hazards
Safety and health although closely related are not the same.
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8hazards = defects on
2
3
1
6
4
7
9
1
3
8
1
2
5
11
10
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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
Why Need to Manage OSH
Legal argument Economic argument Humanitarian argument
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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
Legal Argument
General framework Covers almost industries
As far as practicable
Allow prosecution and compound
Penalty for non-compliance
Max. fine < RM50 000; or
Max imprisonment < 2 years; or
Both
Notice of Improvement & Notice of
Prohibition
Max. fine RM500 for continuous offence
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Legal Argument
Covers factory only
Control factories safety, health and welfare
Registration and inspection of factories and
machineries
Command and control approach
Allow prosecution and compound
Penalty for non-compliance
Max. fine < RM250 000; or
Max imprisonment < 5 years; or
Both
Notice of Improvement & Notice of Prohibition
Max. fine RM2000 for continuous offence
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Economic Argument
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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
Humanitarian Argument
Injury - Effect to workers and family
Workers - lose their health, income, careers, dreams, future and happiness
Familydeeply hurt, economically and emotionally
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ACTS
REGULATIONS
CODE OF PRACTICE
STANDARDS/
GUIDELINES
BEST PRACTICES
V
O
L
U
N
TA
R
Y
M
A
N
D
AT
O
R
Y
OSH LEGISLATION
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1.2 OSHA 1994 (ACT 154)
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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
ACT Covers scope and basic provisions
Approved by Parliament
Acts which cover Occupational Safety and Health are: OSHA 1994, FMA 1967, ABE 1990 and EQA 1974
REGULATIONS Contains detailed explanations for each provision under the
Act
Approved by the Minister
INDUSTRY CODE / GUIDELINE Guidelines in fulfilling requirements of the relevant Act Drafting of Code of Practice can be initiated by Industry and
approved by DOSH
Not a part of the laws of the nation
LEGAL STRUCTURE
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SCOPE OF OSHA 1994
Mining & Quarrying
Construction
Manufacturing
Agriculture, Forestry
& Fishing
UtilitiesElectricity,
Water, Sanitary
Wholesale & Retail
Trade
Transport, Storage
& Communication
Hotel & Restaurant
Finance, Insurance,
Real Estate & Business
Public Service &
Statutory Authorities
EXCEPT
Armed Forces
&
Crew of Merchant Ship
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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
Act 514
Occupational Safety and Health Act 1994
Regulations under OSHA 1994
Occupational Safety and Health (Safety and Health Officer) Order 1997Occupational Safety and Health (Prohibition of Use of Substance) Order 1999
Guidelines Code of practice
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
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OBJECTIVES OF ACT
Ensure safety of workers
Protect others at place of work
Encourage conducive work environment
(physiological and psychological)
Improve standard of safety
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OSHA 1994 - PHILOSOPHY
Duty to ensure safety and health at place of work lies with:
Those who create the risk
Those who work with the risk
This Act stresses on:
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.
ConsultationWhere employers, employees and the governmentmust negotiate to
settle issues and problems relating to occupational safety and health
at the workplace.
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HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT
CONT
Co-operation and involvement of the workersWhere 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.
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,
OSHA 1994 - CONCEPT
Accident prevention is an essential part ofgood management and workmanship
Management and workers must cooperate
Top management must take the lead
A define and known safety and health policy
Organization and resources to achieve policy
Best available knowledge and methods
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,
SALIENT DEFINITION
Employee
A person who is employed for wages under a contract of
service on or:
- who is directly employed by the principal employer; or
- who is employed by or through an immediate employer; or
- whose services are temporarily lent or let on hire to the
principal employer.
Employer
Employeran employer can be either principal employer orimmediate employer
Immediate employeran employer who employ an
employee directly, by or through him
Principal employeris the owner of an industry
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CONT
Occupier
The person who has the management or control of the
place of work.
Place of Work
Premises where persons work, or premises used for storageof plant or substance.
Premise
Include:- any land, building or part of any building;
- any vehicle, vessel or aircraft;
- any installation on land, offshore or others
- any tent or movable structure
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CONT
PlantIncluding any machinery, equipment, appliance, implement
or tool, any component thereof or anything fitted,
connected or appurtenant thereto.
Practicable
- the severity of the hazard risk in question;
- the state of knowledge about the hazard or risk and
anyway of removing or mitigating the hazard risk;
- the availability and suitability of ways to remove or
mitigate the hazard or risk; and
- the cost of removing or mitigating the hazard or risk.
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MAIN PROVISION - ACT
Part IPreliminary
Part IIAppointment of OfficersPart IIINational Council for Occupational Safety and Health
Part IVGeneral Duties of Employers and Self-Employed Person
Part VGeneral Duties of Designers, Manufacturers and Suppliers
Part VIGeneral Duties of Employee
Part VIISafety and Health Organization
Part VIIINotification of Accidents, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease and Inquiry
Part IXProhibition Against Use of Plant or Substance
Part XIndustry Codes of PracticePart XIEnforcement and Investigation
Part XIILiability for Offences
Part XIIIAppeals
Part XIVRegulations
Part XVMiscellaneous
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MAIN PROVISION - SCHEDULES
i. First Schedule [Subsection 1(2)]Scope of Application
ii. Second Schedule [Section 10]Safety and Health Committee
Membership
iii. Third Schedule[Paragraph 28(1)(d)]Occupation Involving
Special Risk to Health
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MAIN PROVISION - REGULATIONS
i. OSH (Employers' Safety and Health General Policy Statements)(Exception) Regulations 1995
ii. OSH (Control of Industrial Major Accident Hazards) Regulations1996- CIMAH
iii. OSH (Safety and Health Committee) Regulations 1996-SHC
iv. OSH (Classification, Packaging and Labeling of HazardousChemicals) Regulations 1997- CPL
v. OSH (Safety and Health Officer) Regulations 1997-SHOvi. OSH (Use and Standards of Exposure of Chemicals Hazardous to
Health) Regulations 2000- USECHH
vii. OSH (Notification of Accident, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease) Regulations
2004-NADOOPOD
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MAIN PROVISION - ORDER
i. OSH (Safety and Health Officer) Orders 1997
ii. OSH (Prohibition of Use of Substance) Order 1999
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PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-
EMPLOYED PERSONS
Section 15 - General duties of employers and self-
employed persons to their employees
To ensure as far as is practicable, the safety, health and welfare at
work of all his employees which include the following : -
The provision and maintenance of plant and systems of work that
are, so far as is practicable, safe and without risks to health;
The making of arrangements for ensuring, so far as is practicable,
safety and absence of risks to health in connection with the use or
operation, handling, storage and transport of plant and substances;
The provision of such information, instruction, training and
supervision as is necessary to ensure, so far as is practicable, the
safety and health at work of his employees;
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So far as is practicable, as regards any place of work under the
control of the employer or self-employed person, the maintenance ofit in a condition that is safe and without risks to health and the
provision and maintenance of the means of access to and egress
from it that are safe and without such risks;
The provision and maintenance of a working environment for his
employees that is, so far as is practicable, safe, without risks to
health, and adequate as regards facilities for their welfare at work.
Example
An example on what is to be considered as so far as practicable
would vary in different excavation work. Excavation work can be ofdifferent depth. It can be deep or shallow. For 3 feet excavation,
benching is sufficient and no shoring required. This is because the
risk to injury is very low. If the excavation is very deep, benching is
not sufficient and shoring is needed to be carried out although cost
for shoring is very high. This is because the risk of injury is high
due to occurrences like collapse or landslide.
CONT
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Section 16
Duty to formulate safety and health policy
It shall be the duty of every employer and every self-employed person to
prepare and 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 ofit to the notice of all of his employees.
Employers with less than 5 employees exemptedthis duty.
CONT
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Section 17-General duties of employers and self-employedpersons to persons other than their employees
To conduct his undertaking in safe manner, as far as practicable and
to inform about the risks associated with their undertaking to persons
other than their employees who may be affected.
To give to persons, not being his employees, who may be affected bythe manner in which he conducts his undertakings, the prescribed
information on such aspects of the manner in which he conducts his
undertaking as might affect their safety/health.
CONT
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Section 18 - Duties of an occupier of a place of work topersons other than his employees
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 in
the premises or provided for use there, is or are safe and without risks
to health.
A person who has an obligation of any extent in relation to :-
~ The maintenance or repair of a place of work.
~ The prevention of risks to safety and health that may arise from the
use of any plant or substance in the place of work.
CONT
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DUTY OF EMPLOYER :
FINE RM50,000OR TWO
YEARS JAILOR BOTH
Section 19 - PENALTY
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PART VIGENERAL DUTIES OF EMPLOYEES
This section provides for general duties of
employees at work.
Section 24 - General duties of employees at work
Duty of every employee while at work: -
~ To take reasonable care for safety and health of himself and of otherpersons who may be affected at work;
~ To co-operate with his employer or any other other person in the
discharge of any duty or requirement imposed on the employer or that
other person by this Act or any other regulation made thereafter;
~ To wear or use all times PPE provided by the employer; and
~ To comply with any instruction or measure on occupational safety
and health.
Penalty - fine not exceeding RM 1,000 or to imprisonment for a term
not more than three months or both.
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General duties of employees at work
FINE RM1,000ORTHREE
MONTHS JAILOR BOTH
PENALTY
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CONT
Section 25 - Duty not to interfere or misuse things
provided pursuant to certain provisions No one should intentionally, recklessly or negligently interferes
with or misuses anything provided or done in the interests of
safety, health and welfare an offence and shall, on conviction,
If found guilty, be liable to a fine not exceeding RM20,000 or to
imprisonment for a term not more than two years or both.
Definition
Intentional: Done on purpose.
Recklessly: Regardless of consequences or danger Negligently: Lack of proper care or culpable carelessness
Interfere: Meddle, intervene, obstruct or be an obstacle.
Misuse: Apply to wrong purpose or improper use.
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Duty not to interfere or misuse things provided
pursuant to certain provisions
FINE RM20,000ORTWO
YEARS JAILOR BOTH
PENALTY
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Section 26- Duty not to charge employees for things done
or provided
No employer shall levy or permit to be levied on any employee
of his any charge in respect of anything done or provided in
pursuance of this Act or any other regulation made thereafter.
CONT
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Section 27Discrimination against employee
No employer shall dismiss an employee by reason only that the
employee :-
~ makes a complaint about a matter which he considers is not safe or
is a risk to health;
~ is a member or exercises any of his functions as a member of asafety and health committee.
No trade union shall take any action on any of its members who,
being an employee at a place of work :-
~ makes a complaint about a matter which he considers is not safe or
is a risk to health;~ is a member of a safety or exercises any of his functions as a
member of the safety and health committee established pursuant to
this Act; or
Penalty for person contravenes this section is fine not exceeding RM
10,000 or to imprisonment for a term not more than one year or both.
CONT
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Discrimination against employee
FINE RM10,000ORONE
YEAR JAILOR BOTH
PENALTY
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PART VIISAFETY AND HEALTH ORGANIZATIONS
Section 28
Medical surveillance
Minister may order a medical surveillance if :-
~ cases of illness he has reason to believe may be due to the nature of
the process or other conditions of work;
~ cases of change in process or substance which may cause risk ofinjury;
~ persons below age 16 years are about to be employed in work which
may cause risk of injury; or
~ risk of injury to health from Third Schedule of new substance as
result of process changes.
Penalty for person contravenes this section is fine not exceeding RM
5,000 or to imprisonment for a term not more than six months or
both.
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Section 29Safety and Health Officer
Safety and health officer shall be appointed to such class of
industries as the Minister may published in the Gazette.
Shall employ a competent person to act as safety and health
officer.
Safety and health officer employed for ensuring this Act and
any regulation thereafter is followed.
The safety and health officer shall possess such qualifications
or have received such training as the Minister may from time to
time prescribe.
Penalty for person contravenes this section is fine not
exceeding RM 5,000 or to imprisonment for a term not morethan six months or both.
CONT
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CONT
Section 30Establishment of safety and health
committee at place of work
Every employer shall establish a safety and health committee at the
place of work in accordance with this section if :-
~ there are 40 or more persons employed at the place of work; or
~ the Director General directs the establishment of such a committeeat the place of work.
Every employer shall consult the safety and health committee to the
making and maintenance of arrangements which will enable him and
his employees to co-operate in promoting and developing measures to
ensure the safety and health at the place of work and in checking the
effectiveness of such measures.
Penalty for person contravenes this section is fine not exceeding RM
5,000 or to imprisonment for a term not more than six months or
both.
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CONT
Section 31
Function of safety and health committee
The safety and health committee established :-
~ shall keep under review the measures taken to ensure the safety
and health of persons at the place of work;
~ shall investigate any matter at the place of work :-- which a member of the committee or a person employed
thereat considers is not safe or is a risk to health; and
- which has been brought to the attention of the employer;
~ shall attempt to resolve any matter referred to above and, if it is
unable to do so, shall request the Director General to undertake aninspection of the place of work for that purpose; and
~ shall have such other functions as may be prescribed.
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PART VIIINOTIFICATION OF ACCIDENTS, DANGEROUS
OCCURRENCE, OCCUPATIONAL POISONING,
OCCUPATIONAL DISEASE, AND INQUIRY
Section 32 - 34
Employer to report to the nearest OSH officers of accidents, dangerous
occurrence, occupational poisoning and diseases
Medical officers to report on scheduled diseases in FMA
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PART IX PROHIBITION AGAINST USE OF PLANT OR
SUBSTANCE
Section 35 - 36
Director General may by order published in the Gazette prohibit the
use of any plant or substance which in his opinion is likely to affect the
safety and health of persons and work. But before making the order, he
should consult any Government department or other body whichappears to him to be appropriate.
Where the Director General proposes to exercise his power, he shall
consult any Government department or other body which appears to
him to be appropriate.
A person who is aggrieved by this order may, within thirty days of theorder, lodge an appeal with the secretary to the Council who shall
transmit the appeal to an appeal committee appointed by the Minister.
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PART X INDUSTRY CODES OF PRACTICE
Section 37 - 38 The Minister may, approve industry codes of practice comprising such
directions as may appear to him to be necessary or proper for the
guidance of persons in complying with the requirements of the
provisions of this Act.
The Minister may, from time to time revise the industry codes of practiceby amending, deleting, varying or adding to the provision of the industry
codes of practice.
An industry code of practice may :-
~ consist of any code, standard, rule, specification or provision relating
to occupational safety or health approved by the Minister; or~ apply, incorporate or refer to any document formulated or published
by any body or authority as in force at the time the industry code of
practice is approved or as amended, formulated or published from time
to time.
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CONT
The Minister shall cause to be published in the Gazette the approval
of an industry code of practice and the amendment or revocation
thereof.
Use of industry codes of practice in proceedings
It is alleged that a person has contravened or failed to comply with a
provision of the Act in relation to which an approved industry code of
practice was in effect at the time of the alleged contravention orfailure :-
~ the approved industry code of practice shall be admissible in
evidence in the proceedings; and
~ if the court is satisfied in relation to any matter which it is
necessary for the prosecution to prove in order to establish the allegedcontravention or failure that :-
- a provision of the approved industry code of practice is
relevant to the matter; and
- the person failed at any material time to observe the
provision of the approved industry code of practice.
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PART XIENFORCEMENT AND INVESTIGATION
Section 39 - 50 Director General of OSH
OSH officers
Certificate of authorization
Power of DOSH Officer :
- Enter and inspect any place of work
- Enter with equipment and authorized persons
- Take photos, measurements and samples
- Require medical examinations if risk of prescribed disease
- Question any person if necessary
All persons must assist the officer with entry, inspection, examination
and enquiry
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CONT
Contravention can lead to prosecution and / or issue of either an :
IMPROVEMENT NOTICES
or
PROHIBITION NOTICES
Notices to person in control
Time to comply given (improvement notices)
Reason given, contravention explained
Must comply with even if appeal
Appeal, within 30 days to DG
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PART XIILIABILITY FOR OFFENCES
OFFEENCE MAXIMUM RM
and/or
PENALTIES
Imprisonment
Duty of employers/self employed 50,000 2 years
Duty of occupier to non
employees
50,000 2 years
Duty of designer/manufacturers 20,000 2 years
Failure to comply with NOP/NOI 50,000 + daily
fine of RM500
5 years
Duty of employee (general) 1,000 3 months
Duty of employee(interference/misuse) 20,000 2 years
Discrimination by
employer/union
10,000 +
damages +
reinstatement
order
1 year
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OFFEENCEMAXIMUM
RMand/or
PENALTIESImprisonment
Medical surveillance regulation 5,000 6 months
Duty of occupier to employ SHO 5,000 6 months
Duty of employer to
create/consult SHC
5,000 6 months
Disclosure of business secret 20,000 2 years
Failure to comply with any other
part of the Act or any of the
regulation
10,000 + 1,000
day after
conviction
1 year
CONT
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LACK OF OSHA 1994
Does not covers Detail on machinery, equipments
Petroleum
Environmental
Detail on electrical work Detail on construction work