GROUP 21NAME NO.METRIC

AMIR HAQIM BIN SHAHIDIN UK29497

MIZAN QISTINA BINTI SHAHARUDDIN

UK29554

NISA’ IRDINA BINTI MOHD JAMIL UK29556

NUR FARAHIN BINTI ISHAK UK29565

RESPONSIBILITIES OF EMPLOYERS AND EMPLOYEES

UNDER OCCUPATIONAL HEALTH AND SAFETY ACT 1994.

RESPONSIBILITY OF EMPLOYER UNDER OSHA

To provide and pay for PPE

Keep records of injuries and illness

Provide a workplace free from hazard and comply with standard OSHA

No discrimination against workers who exercise their rights under OSHA.

Provide medical exam when required by OSHA standards and provide workers access to their exposure and medical records

SECTION 15

- Employers and self-employed persons have the duty to ensure, as far as is practicable, the safety and welfare at work of all employees.

Section 15 (a)- the provision and maintenance of plant and system of work

that are, so far as is practicable, safe and without risks to health.

- This duty includes the responsibility of employers and self-employees persons to ensure the working place are safe and do not exposing the employees to any kind of danger that can become risk to their health.

• Section 15 (b)- The duty of employers and self-employed person to make

arrangement in order to ensure the safety of their employees and reduce risk to employees’ health in connection the use or operation, handling, storage and transport of plant and substances.

• Section 16- The duty of employers and self-employed person to formulate safety

and health policy.

- An employers must prepared a written statement of his general policy, organization and arrangement for safety and health at work, keep it up to date and bring it to the notice of his employees.

•Section 17-The duty of employers and self-employed person to people who are not their employees.

-Employers and self-employed persons need to inform the people who are not their employees about the danger and risks that the may expose to at the workplace.

•Section 19-States the penalty that can be imposed to the employers and self-employed persons if they fail to performs their responsibilities.

-They can be liable to fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both if found guilty.

EMPLOYEE

• SECTION 24(1), PART VI(a) Every employee shall take responsible care for the safety

and health himself and of other persons who may be affected by his acts or omissions at work.

(b) Every employee shall to co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation.

(c) Every employee shall wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health.

(d) Every employee shall to comply with any instruction or measure on occupational safety and healthy instituted by his or any other persons by or under this Act or any regulation.

•SECTION 24(2)

Penalty.! a fine not exceeding one thousand ringgit or; Imprisonment for not exceeding three months or; both

• SECTION 25 Duty not to interfere with or misuse things provided pursuant to certain provisions

Penalty.! fine not exceeding twenty thousand ringgit or;

to imprisonment for a term not exceeding two years or;

both

• SECTION 26

duty not to charge employee for things done or provided

• SECTION 27(1)(2) employee now cannot be scared anymore to get dismiss or get injured or position to be altered by the employer or trade union if;

(a) makes complaint about a matter which he considers is not safe or is risk to health ;

(b) a member of a safety and health committee established pursuant to this Act;

(c) exercises any of his functions as member of the safety and health committee

• SECTION 27(3)Penalty.!

fine not exceeding ten thousand ringgit or;

term of imprisonment not exceeding one year or;

both

ENFORCEMENT AND INVESTIGATION

SECTIONS

Section 39. Powers of entry, inspection, examination, seizure, etc.

Section 40. Entry into premises with search warrant and power of seizure

Section 41. Entry into premises without search warrant and power of seizure

Section 42. Power of forceful entry and service on occupier of signed copy of list of things seize

from premises

Section 43. Further provisions in relation to inspection

Section 44. Power of investigation

Section 45. Power to examine witnesses

Section 46. Employer, etc., to assist officer

Section 47. Offences in relation to inspection

Section 48. Improvement notice and prohibition notice

Section 49. Penalty for failure to comply with notice

Section 50. Aggrieved person may appeal

39. Powers of entry, inspection, examination, seizure, etc.

• 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 named in the Third Schedule of Factories and Machinery Act 1967.

• Question any person if necessary

40. Entry into premises with search warrant and power of seizure

Before entering, the officer has to given on oath to a Magistrate a reasonable cause for suspecting that there is in a place of work or residential place any article, thing, book, document, plant, substance, installation or part thereof which has been used to commit under this act

He shall issue a warrant under his hand by virtue of which an officer named or referred to in the warrant may enter the place of work or residential place at any reasonable time by day or night, and search for and seize or seal the article, thing, book, document, plant, substance, installation or part there of.

41. Entry into premises without search warrant and power of seizure

In sections 40 and 41 officers must understand the difference of entering into premises with search warrant (section 40) and without search warrant (section 41).

A warrant is an order allowing an officer to enter a premise without the permission of the employer/occupier and to search/seize.

45. Power to examine witnesses

An officer making an investigation under section 39 or 44 may examine orally any

person who appears to him to be acquainted with the facts and circumstances of the

case.

The person may refuse to answer any question, which it would have a tendency to expose him to a criminal charge or penalty.

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by him or affixed with his thumb print,he has been given an opportunity to make any correction he may wish.

46. Employer, etc., to assist officer

The owner or occupier of, or employer at, any place of work must assist the officer with entry, inspection, examination and enquiry.

Types of assistance to an officer may include:

• Providing personnel to guide and assist him at the place of work

• Providing relevant information in relation to his task e.g risk involved in carrying

out the task (inspection, examination of plant/substance), documents (e.g medical

surveillance records) etc.

• Providing personal protective equipment (e.g mask, respirator, glove etc)

47. Offences in relation to inspection

Person who

1. refuses access to a place of work to an officer

2. obstructs the officer in the exercise of his powers

3. fails to produce any document required by the officer

4. conceals the location or existence of any other person or any plant or substance from the officer

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding 10k ringgit or to imprisonment for a term not exceeding one year or to both.

IMPROVEMENT AND PROHIBITION NOTICES

Contravention can lead to prosecution and / or issue of either an :

IMPROVEMENT NOTICES (NOI)no imminent danger

orPROHIBITION NOTICES (NOP)

risk of serious injury or damage

•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

49. PENALTY FOR FAILURE TO COMPLY WITH NOTICE

Under section 49 (2)

A person who without reasonable excuse fails to comply with any improvement or prohibition notice issued under section 48 shall be guilty and be liable to a fine

not exceeding 50k ringgit or to imprisonment

for a term not exceeding five years or to both, and to a further fine of five hundred ringgit for each day during which the offence continues.

50. AGGRIEVED PERSON MAY APPEAL

(1) A person who is aggrieved by a notice issued by an officer under section 48 may,

within 30 days from the date of such notice, appeal to the Director General who

may, after considering the appeal, by order in writing confirm, revoke or vary the

notice.

(2) A person who is aggrieved with a decision of the Director General made under

subsection (1) may, within thirty days from the date of the decision, appeal to an

appeal committee appointed by the Minister under section 63.

(3) Where an improvement or a prohibition notice is issued by the Director General or the

Deputy Director General in the exercise of the powers conferred under section 48,

the appeal shall be made to an appeal committee appointed by the Minister under

section 63.

REFERENCES

Employee Providents Fund (2015), Retrieved from http://www.kwsp.gov.my/portal/en/employers/employers-responsibility

Laws of Malaysia, Occupational Safety and Health, Act 1994. Retrieved from http://www.ilo.org/dyn/travail/docs/1628/Occupational%20Safety%20and%20Health%20Act%201994%20-%20www.agc

Laws of Malaysia, Occupational Safety and Health, Act 1994. Retrieved from http://www.agc.gov.my/Akta/Vol.%2011/Act%20514.pdf

.