ali ashkar osha

8/10/2019 Ali Ashkar OSHA

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Ir. Ali Askar Sher Mohamad


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CONTENTS

1. Introduction to OSHAstructure

2. Scope, Objective and Philosophy

3. Employers General Obligations4. Designers, Manufacturers and Suppliers

General Obligations

5. Employees General Obligations6. Other Provisions

7. Penalties


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The Legal Structure

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


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4

OSH LAWS IN MALAYSIA

1. Occupational Safety and Health Act 1994 (OSHA94)

2. Factories and Machinery Act 1967 (FMA 67)

3. Electricity Supply Act 1990 (ESA 90)

4. Environment Quality Act 1974 (EQA 74)

5. Employees Social Security Act (SOCSO)


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SCOPE OF OSHA 1994

Includes

ALL WORKING

PERSONS

Except

ARMED FORCES

PERSONNEL

And

CREW OF MERCHANT

SHIPS


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Occupational Safety and Health Act 1994

An Act to make further

provisions for securingthe safety, health and welfare

of persons at work, for protecting

others against risks to safety orhealth in connection with the

activities of persons at work,

to establish the National Council

for Occupational Safety and Health

and for matters connected therewith.


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Ensure safety of workers;

Protect others at place of work;

Encourage conducive workenvironment (physiological and

psychological)

Improve standard of safety

OBJECTIVE OF ACT


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Philosophy behind OSHA 1994

Duty to ensure safety and health at place of worklies with:

Those who create the risk

Those who work with the risk

This Act stresses on:

Self-regulation

Consultation

Co-operation and involvement of the workers


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Guiding Principles of OSHA 1994

No part of the Act is absolute

For example, Section 15Duty of Employer, the

Guiding Principle is as far as practicable


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DEFINITIONS

EMPLOYER

Main Owner of an industry, including owners

representative, manager or agent

Person responsible for paying the salary

Direct

Person who deals directly with the workers, including

temporary and contract workers

WORKER

Person employed and salaried under an employment

contract (permanent, seconded or contract)


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Part IV: GENERAL DUTIES OF EMPLOYERS AND SELF-

EMPLOYED PERSONS

15 (1) It shall be the duty of every employer and every self-employed person to

ensure, so far as is practicable, the safety, health and welfare at work of allhis employees.

(2)(a)the provision and maintenance of plant and systems of work that are, sofar as is practicable, safe and without risks to health;

(b) the making of arrangements for ensuring, so far as is practicable, safety andabsence of risks to health in connection with the use or operation, handling,storage and transport of plant and substances;

(c) the provision of such information, instruction, training and supervision as isnecessary to ensure, so far as is practicable, the safety and health at work ofhis employees;

(d) so far as is practicable, as regards the place of work under the control of theemployer or self-employed person, the maintenance of it in a condition that is

safe and without risks to health and the provision and maintenance of themeans of access to and egress from it that are safe and without such risks;

(e) the provision and maintenance of a working environment for his employeesthat is, so far as is practicable, safe, without risks to health, and adequate asregards facilities for their welfare at work.


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16. Duty of formulate safety and health policy.

Except in such cases as may be prescribed, it shall be the duty of

every employer and every self-employed person to prepare and asoften as may 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 of it to the notice of all of his employees.17. General duties of employers and self-employed

persons to persons other than their employees.

(1) It shall be the duty of every employer and every self-employed

person to conduct his undertaking in such a manner as to ensure, so

far as is practicable, that he and other persons, not being hisemployees, who may be affected thereby are not thereby exposed

to risks to their safety or health.


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Explanation of PART IV : SECTION 15

GENERAL DUTIES OF EMPLOYERS TO WORKERS

Establish a safe work system;

Analyze risk at place of work;

Provide instructions, training and relevantinformation to workers;

Provide and maintain a safe access and exitroute from work area;

Provide a safe work environment;


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DUTY OF EMPLOYER :

FINE RM50,000OR TWO

YEARS JAILOR BOTH

PENALTY


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Part VGENERAL DUTIES OF DESIGNERS,

MANUFACTURERS AND SUPPLIERS

20. General duties of manufacturers, etc. as regards plant for use at work.

(1) It shall be the duty of a person who designs, manufactures, imports or supplies

any plant for use at work

(a) to ensure, so far as is practicable, that the plant is so designed and constructed

as to be safe and without risks to health when properly used;

(b) to carry out or arrange for the carrying out of such testing and examination as

may be necessary for the performance of the duty imposed on him by paragraph(a); and

(c) to take such steps as are necessary to secure that there will be available in

connection with the use of the plant at work adequate information about the use

for which it is designed and has been tested, and about any condition necessary

to ensure that, when put to that use, it will be safe and without risks to health.(2) It shall be the duty of a person who undertakes the design or manufacture of any

plant for use at work to carry out or arrange for the carrying out of any necessary

research with a view to the discovery and, so far as is practicable, the

elimination or minimization of any risk to safety or health to which the design or

plant may give rise.


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Explanation of PART V : SECTION 20GENERAL DUTIES OF DESIGNERS,

MANUFACTURERS AND SUPPLIERS

The plant should be safe and without risk;

The plant should be tested and examined toensure its safety;

Adequate information should be provided onthe safe operation of the plant;

Research should be carried out to discoverand eliminate or minimize any risk to safety;


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Part VIGENERAL DUTIES OF EMPLOYEES

24. General duties of employees at work.

(1) It shall be the duty of every employee while at work(a) to take reasonable care for the safety and health of himself and

of other persons who may be affected by his acts or omissions

at work;

(b) to co-operate with his employer or any other person in the

discharge of any duty or requirement imposed on the employeror that other person by this Act or any regulation made

thereunder;

(c) to 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; and(d) to comply with any instruction or measure on occupational

safety and health instituted by his employer or any other person

by or under this Act or any regulation made thereunder.


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Explanation of PART VI : SECTION 24GENERAL DUTIES OF EMPLOYEES

Pay attention to own and others safety;

Cooperate with employer in regard to safetyin accordance with Act

Wear PPE provided by employer;

Obey any procedures instituted by employerconcerning safety;


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DUTIES OF EMPLOYEE :

FINE RM1,000ORTHREE

MONTHS JAILOR BOTH

PENALTY


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Explanation of Part VllSafety and Health

Organizations

Section 29: Safety and Health Officer

Management to employ competent person as

Safety and Health Officer

Employed solely for the purpose

Section 30: Safety and Health Committee

To be established if more than 40 persons at

place of workManagement to consult committee for safety

arrangements


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PART VIII- NOTIFICATION OF ACCIDENTS,

DANGEROUS OCCURRENCE, OCCUPATIONAL

POISONING AND OCCUPATIONAL DISEASES, AND

INQUIRY

1) An employer shall notify the nearest

occupational safety and health office ofany accident, dangerous occurrence,

occupational poisoning or occupational

disease which has occurred or is likelyto occur at the place of work.


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Part XINDUSTRY CODES OF

PRACTICE

37. Approval of industry codes of practice.

(1) The Minister may, upon the recommendation of the Council or the

Director General, 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.

(3) An industry code of practice may

(a) consist of any code, standard, rule, specification or provision relating to

occupational safety or health approved by the Minister; or

(b) 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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Factory and Machinery Act 1967


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FMA Act 1967

Control of

Machinery

Workers

Place of work

Machinery requiring a Certificate of

Approval from DOSH for use

Hoisting Equipment

Steam Boilers

Pressure Vehicles


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FMA 1967

Requirement of Certificate of Competency

Crane Driver (mobile, tower)

Scaffolding Installer

Driver (boiler, steam engine, internal

combustion engine)

Engineer (boiler, steam engine, internal

combustion engine)


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Electricity Supply Act 1990

- Amended 2001

An Act to provide for theregulation of the electricitysupply industry, the supply ofelectricity at reasonable prices,the licensing of any electricalinstallation, the control of anyelectrical installation, plant andequipment with respect tomatters relating to the safety of

persons and the efficient use ofelectricity and for purposesconnected therewith.


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Part V Section 23: Competent Control

(1) No installation or electrical plant equipment other than

those owned or managed by a supply authority shall beworked or operated except by or under the control of

persons possessing such qualifications and holding suchcertificates as may be prescribed, and no person not

possessing the qualifications or holding a certificate as

aforesaid shall be in charge of any installation or shallcontrol the operation of any plant or equipment.

(2) Any person who contravenes this section shall be guilty ofan offence and shall, on conviction, be liable to a fine not

exceeding ten thousand ringgit and, if the contravention becontinued, to a fine not exceeding one thousand ringgit forevery day or part of a day during which the contraventionis continued after conviction.


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Explanation of Part V Section 23:

Competent Control

Electrical plant or installation can be operated only

By competent person holding the necessary

qualifications/certificates

Under supervision and charge of competent person Failure to comply

Fine max RM 10,000

Each additional day after conviction max RM 1000 if

still fail to comply


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Part VII Section 33: Notification of Accident or Fire

(1) Whenever any accident or fire causing orresulting in loss of life or hurt to any person or

serious damage to property has occurred in

connection with any installation or electrical plant

or equipment, the owner, licensee or supplyauthority and the management thereof shall report

the accident or fire to the Commission by the

quickest means available, and subsequently with

the least possible delay shall report in writing tothe Commission the facts of the matter so far as

they are known to them


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Part VII Section 33 (cont)

(2) The Commission shall, as soon as practicable upon receipt of

the first report, direct an authorised officer to(a) visit the place where the accident or fire occurred;

(b) make a preliminary investigation of the circumstances;

(c) record in writing his findings which may be supported by

relevant photographs, upon the investigation;(d) be provided with photographs, medical reports or other

relevant documents from any person or authority without

any payment of fees and such person or authority shall

comply with such request thereof;(e) forward his report to the Chairman

(f) if there has been any loss of life or there is reason to

believe that any person has been fatally injured, send a

copy of his finding to the nearest magistrate.


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(3) In the event of loss of life or grievous hurt to any

person due to any accident or fire in connection withany installation or electrical plant or equipment, noalteration or addition shall, without the consent of theCommission, be made to any part of the installation,

plant or equipment which may have contributed tocause the accident or fire nor shall any alteration bemade, without that consent, to the site of the accidentor fire until the authorised officer has completed his

investigation:Provided that nothing herein contained shall operateto interfere with rescue work or work necessary forthe general safety of life or property.


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(4)If upon a preliminary investigation under subsection (2) itappears to the authorised officer making the investigation thatthere is reason to believe that the accident or fire was due to anyfailure to comply with this Act or any lawful order given by theCommission, or if the authorised officer making suchinvestigation is satisfied that the accident or fire might have been

prevented if proper precautions had been taken and observed inthe working of any installation or electrical plant or equipment,the Commission may further investigate the circumstances of theaccident or fire together with the authorised officer making the

preliminary investigation and if in the opinion of the

Commission that criminal proceedings should lie against anyperson, then the Commission shall forward to the PublicProsecutor a copy of the authorised officers report with theopinion of the Commission on the circumstances and findings.


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(5) Any person concerned in any investigation

held under this section may be entitled,

upon payment of the prescribed fees, toreceive a copy of the report, opinion and

statement of the Commission in the course

of its investigations.


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Explanation of Part Vll Section 33

(1) Any accident/fire/damage to property to be reported

immediately to EC and followed up by written report.

(2) EC shall direct authorised officer to investigate and reportfindings, with copy to magistrate if loss of life.

(3) If loss of life or serious injury, no alterations to plant until

investigations are complete without permission of EC.(4) If preliminary investigations show accident/fire was due to

failure to comply with Act, or could have been prevented withproper precautions, EC will investigate further, and send acopy of the findings to the Prosecution if criminal negligence

is found.(5) Anyone concerned with the investigations may apply for a

copy of the ECs investigation report.


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Explanation of Part IX Section 37: Offences

and Penalty

(1) Offence Tamper or adjust any installation

Import or sell any equipment

Which causes or likely to cause

Danger to human life or limb

Damage to equipment/property

Penalty

Fine < RM 100,000 Jail < 5 years

Both


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Explanation of Part IX Section 37 (cont)

(2) Offence In respect of any installation, damage to any

person or property due to

Rash or negligent act

Omission

Penalty

Fine < RM 50,000

Jail < 3 years Both

El t i it R l ti 1994


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Electricity Regulations 1994

Regulation 39: Treatment for Electric Shock

Instructions in Bahasa Malaysia to be provided

Employer to confirm workmen know and understand theprocedure

Regulation 59: Suspension and Cancellation

Certificate of Competency can be suspended or cancelled by EC

due to serious misbehavior

Regulation 63: Registration with EC

All holders of Certificate of Competency must register with EC

Regulation 110: Inspection and Testing of Installation

Installation to be inspected and tested by Competent Person

Regulation 111: Work on Installation

All work on installation to be carried out by Competent Personor under his supervision


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Environmental Quality Act 1974

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