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Chapter 2:
Occupational Safety And Health Legislation
COURSE OBJECTIVES

 Understand the OSH legislation.
 Understand Occupational Safety and Health
  Act 1994 (OSHA 1994).
INTRODUCTION

 OSHA in Malaysia is an Act which provides
  the legislative framework to secure the
  safety, health and welfare among all
  Malaysian workforces and to protect others
  against risks to safety or health in connection
  with the activities of persons at work
 Gazetted on 24th February 1994
PHILOSOPHY

 Responsibilities to ensure safety and health at
  the workplace lies with those who create the
  risk those who work with the risk.
OBJECTIVES OF OSHA 1994
 secure the safety, health and welfare of persons at work
  against risks to safety or health arising out of the activities of
  persons at work
 protect person at a place of work other than persons at work
  against risks to safety or health arising out of the activities of
  persons at work
 promote an occupational environment for persons at work
  which is adapted to their physiological and psychological
  needs
 provide the means whereby the associated occupational
  safety and health legislation may be progressively replaced
  by a system of regulations and approved industry codes of
  practice operating in combination with the provisions of this
  Act designed to maintain or improve the standards of safety
  and health.
UNDERSTANDING OSHA 1994

 The Act contains 67 sections, divided into 15 parts
  and appended with 3 schedules.
 The first three parts state the objects of the Act
  and provide the infrastructure for appointment of
  officers and the National Council.
 Part IV to VI provides the general duties for those
  who create the risks e.g. employer, self-employed
  person, designer, manufacturer, supplier, etc and
  those who work with the risks i.e employees.
EMPLOYERS’ RESPONSIBILITY
    (PART IV, SECTION 15-19)
   Provide a workplace free from
    recognized hazards and comply
    with OSHA standards
   Provide training required by
    OSHA standards
   Keep records of injuries and
    illnesses
   Provide medical exams when
    required by OSHA standards and
    provide workers access to their
    exposure and medical records
EMPLOYERS’ RESPONSIBILITY
    (PART IV, SECTION 15-19)
   Not discriminate against
    workers who exercise
    their rights under the
    Act (Section 11(c))
   Post OSHA citations and
    abatement verification
    notices
   Provide and pay for PPE
    (personal protective
    equipment )
EMPLOYEE’S RESPONSIBILITY
  (PART VI, SECTION 24-27)
 Right to a safe and healthful workplace
 Right to know about hazardous chemicals
 Right to information about injuries and illnesses in
  your workplace
 Right to complain or request hazard correction from
  employer
 Right to training
EMPLOYEE’S RESPONSIBILITY
    (PART VI, SECTION 24-27)
 Right to hazard exposure and
    medical records
   Right to file a complaint with
    OSHA
   Right to participate in an
    OSHA inspection
   Right to be free from
    retaliation for exercising
    safety and health rights
   Worker responsibilities
FACTORY AND MACHINERY ACT 1967

 Factory refers to places where persons are
  employed in manual labor related to making,
  altering, repairing, cleaning and similar activities
  carried out for the purposes of trade or business.
 The Act does not apply to premises used for
  housing vehicles where only minor cleaning and
  repairs are carried out, or to any premises that
  employ five or less persons.
FACTORY AND MACHINERY ACT 1967

 Contoh: Section 36 of FMA
  1967
   (1) Tiada seorang pun boleh
    memasang atau menyebabkan
    untuk    dipasang    apa-apa
    jentera    kecuali   dengan
    kelulusan bertulis pemeriksa
    dan       bagi       maksud
    mendapatkan kelulusan itu
    hendaklah       dikemukakan
    kepada Pemeriksa butir-butir
    sebagaimana yang ditetapkan.
DEPARTMENT OF SAFETY AND
HEALTH (DOSH)
 Under the Ministry of Human Resources
  Malaysia
 Enforcement and promotional works that
  employers, self-employed persons,
  manufacturers, designers, importers,
  suppliers and employees always practice safe
  and health work culture, and always comply
  with existing legislation, guidelines and codes
  of practice
DEPARTMENT OF SAFETY AND
HEALTH (DOSH)
 Formulate and review legislation, policies,
  guidelines and codes of practice pertaining to
  occupational safety, health and welfare as a
  basis in ensuring safety and health at work.
NATIONAL INSTITUTE OF
OCCUPATIONAL SAFETY AND HEALTH
(NIOSH) out various training activities such as
 Carried
  courses, workshops and seminar in order to
  fulfill the industries’ workforce needs and
  wants.
 The courses were conducted at NIOSH or at
  the clients’ premises.
NATIONAL INSTITUTE OF
OCCUPATIONAL SAFETY AND HEALTH
(NIOSH)
 Also offers certificated and trainers courses in
  compliance with the Occupational Safety and
  Health Act (OSHA) 1994 and its regulations
 Involved in research activities which are done
  in accordance with its Memorandum and Acts
  “to conduct short and long term research
  projects on occupational safety and health
  which will benefit the country
NATIONAL INSTITUTE OF
    OCCUPATIONAL SAFETY AND HEALTH

    (NIOSH)
    Offers consultation and the used of
  its facilities to students doing their
  research whether as a requirement
  for their degree, master or
  doctorate.
 NIOSH Hostel Management Unit is
  responsible in managing the
  hostel, cafeteria and other facilities
SOCIAL SECURITY ORGANIZATION
(SOCSO)
 Registration of employer and employee,
  collecting contribution, processing benefit
  claims and make payment to the injured
  worker and their dependents.
 Provide vocational and physical rehabilitation
  benefits and enhance occupational safety and
  health awareness of workers.
CONCLUSION

 OSHA is about OSH
 management, and the
 responsibility to ensure the
 safety and health of:
   The persons at work, and
   Other people who might be
   affected by activities of people
   at work
Chapter 02- OSHA Legition

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Chapter 02- OSHA Legition

  • 1. Chapter 2: Occupational Safety And Health Legislation
  • 2. COURSE OBJECTIVES  Understand the OSH legislation.  Understand Occupational Safety and Health Act 1994 (OSHA 1994).
  • 3. INTRODUCTION  OSHA in Malaysia is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforces and to protect others against risks to safety or health in connection with the activities of persons at work  Gazetted on 24th February 1994
  • 4. PHILOSOPHY  Responsibilities to ensure safety and health at the workplace lies with those who create the risk those who work with the risk.
  • 5. OBJECTIVES OF OSHA 1994  secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work  protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work  promote an occupational environment for persons at work which is adapted to their physiological and psychological needs  provide the means whereby the associated occupational safety and health legislation may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health.
  • 6. UNDERSTANDING OSHA 1994  The Act contains 67 sections, divided into 15 parts and appended with 3 schedules.  The first three parts state the objects of the Act and provide the infrastructure for appointment of officers and the National Council.  Part IV to VI provides the general duties for those who create the risks e.g. employer, self-employed person, designer, manufacturer, supplier, etc and those who work with the risks i.e employees.
  • 7. EMPLOYERS’ RESPONSIBILITY (PART IV, SECTION 15-19)  Provide a workplace free from recognized hazards and comply with OSHA standards  Provide training required by OSHA standards  Keep records of injuries and illnesses  Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records
  • 8. EMPLOYERS’ RESPONSIBILITY (PART IV, SECTION 15-19)  Not discriminate against workers who exercise their rights under the Act (Section 11(c))  Post OSHA citations and abatement verification notices  Provide and pay for PPE (personal protective equipment )
  • 9. EMPLOYEE’S RESPONSIBILITY (PART VI, SECTION 24-27)  Right to a safe and healthful workplace  Right to know about hazardous chemicals  Right to information about injuries and illnesses in your workplace  Right to complain or request hazard correction from employer  Right to training
  • 10. EMPLOYEE’S RESPONSIBILITY (PART VI, SECTION 24-27)  Right to hazard exposure and medical records  Right to file a complaint with OSHA  Right to participate in an OSHA inspection  Right to be free from retaliation for exercising safety and health rights  Worker responsibilities
  • 11. FACTORY AND MACHINERY ACT 1967  Factory refers to places where persons are employed in manual labor related to making, altering, repairing, cleaning and similar activities carried out for the purposes of trade or business.  The Act does not apply to premises used for housing vehicles where only minor cleaning and repairs are carried out, or to any premises that employ five or less persons.
  • 12. FACTORY AND MACHINERY ACT 1967  Contoh: Section 36 of FMA 1967  (1) Tiada seorang pun boleh memasang atau menyebabkan untuk dipasang apa-apa jentera kecuali dengan kelulusan bertulis pemeriksa dan bagi maksud mendapatkan kelulusan itu hendaklah dikemukakan kepada Pemeriksa butir-butir sebagaimana yang ditetapkan.
  • 13. DEPARTMENT OF SAFETY AND HEALTH (DOSH)  Under the Ministry of Human Resources Malaysia  Enforcement and promotional works that employers, self-employed persons, manufacturers, designers, importers, suppliers and employees always practice safe and health work culture, and always comply with existing legislation, guidelines and codes of practice
  • 14. DEPARTMENT OF SAFETY AND HEALTH (DOSH)  Formulate and review legislation, policies, guidelines and codes of practice pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at work.
  • 15. NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH) out various training activities such as  Carried courses, workshops and seminar in order to fulfill the industries’ workforce needs and wants.  The courses were conducted at NIOSH or at the clients’ premises.
  • 16. NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH)  Also offers certificated and trainers courses in compliance with the Occupational Safety and Health Act (OSHA) 1994 and its regulations  Involved in research activities which are done in accordance with its Memorandum and Acts “to conduct short and long term research projects on occupational safety and health which will benefit the country
  • 17. NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH  (NIOSH) Offers consultation and the used of its facilities to students doing their research whether as a requirement for their degree, master or doctorate.  NIOSH Hostel Management Unit is responsible in managing the hostel, cafeteria and other facilities
  • 18. SOCIAL SECURITY ORGANIZATION (SOCSO)  Registration of employer and employee, collecting contribution, processing benefit claims and make payment to the injured worker and their dependents.  Provide vocational and physical rehabilitation benefits and enhance occupational safety and health awareness of workers.
  • 19. CONCLUSION  OSHA is about OSH management, and the responsibility to ensure the safety and health of:  The persons at work, and  Other people who might be affected by activities of people at work