OCCUPATIONAL SAFETY AND OCCUPATIONAL SAFETY AND HEALTH ACT 1994 (ACT 514)HEALTH ACT 1994 (ACT 514)

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ACT 514ACT 514ACT 514ACT 514

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LAWS OF MALAYSIALAWS OF MALAYSIAAct 514

OCCUPATIONAL SAFETY AND HEALTH ACT OCCUPATIONAL SAFETY AND HEALTH ACT 1994

‘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, to establish the National C il f O p i l S f d H l h d f Council for Occupational Safety and Health, and for mattersconnected therewith’.

[25 February 1994]

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LAWS OF MALAYSIALAWS OF MALAYSIAAct 514

OCCUPATIONAL SAFETY AND HEALTH ACT OCCUPATIONAL SAFETY AND HEALTH ACT 1994

BE IT ENACTED by the Seri Paduka BagindaYang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same.

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ACT 514 StructureACT 514 StructureACT 514 StructureACT 514 Structure

ACTACT8 R l◦8 Regulations.15 P◦15 Parts.67 S ti◦67 Sections.◦3 Schedules◦3 Schedules.

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Regulations Under Occupational Regulations Under Occupational Safety & Health Act (1/2)Safety & Health Act (1/2)1 OSH (Employers’SafetyEmployers’Safety and Health and Health 1. OSH (Employers’SafetyEmployers’Safety and Health and Health

General Policy Statements)(Exception) Regulations 1995

2. OSH (Control of Industrial Major Industrial Major ( jjAccidentAccident Hazards) Regulations 1996

3 OSH (Classification Packa in and Classification Packa in and 3. OSH (Classification, Packaging and Classification, Packaging and Labeling Labeling of Hazardous Chemicals) Regulations 1997

4. OSH (Safety and Health Officer) Officer) 4. OSH (Safety and Health Officer) Officer) RegulationsRegulations 1997

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Regulations Under Occupational Regulations Under Occupational Safety & Health Act (2/2)Safety & Health Act (2/2)5 OSH (Safety and Health Officer) OrderOrder5. OSH (Safety and Health Officer) OrderOrder

19976. OSH (ProhibitionProhibition of Used of

SubstanceSubstance) Order 1999)7. OSH (Use and Standards of Exposure Exposure

of Chemicalsof Chemicals H d t H lth) of Chemicalsof Chemicals Hazardous to Health) Regulations 2000

8. OSH (IndoorIndoor Air Quality) Code of Practice 2005Practice 2005

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OSH 1994 (ACT 514 ) OSH 1994 (ACT 514 ) Main PartitionMain Partition

Part 1 PreliminaryPart 1 – PreliminaryPart II – Appointment of OfficersPart III – National Council for OSHPart IV General Duties of Employers Part IV – General Duties of Employers and Self-Employed PersonsPart V – General Duties of Designers, Manufacturers and SuppliersppPart VI – General Duties of EmployeesP VII S f d H l h O i iPart VII – Safety and Health Organizations

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OSH 1994 (ACT 514 ) OSH 1994 (ACT 514 ) Main PartitionMain Partition

Part VIII Notification of Accidents Dangerous Part VIII – Notification of Accidents, Dangerous Occurrence Occupational Poisoning and Occupational Disease and InquiryOccupational Disease and Inquiry.Part IX – Prohibition Against Use of Plant or S b tSubstancePart X – Industry Codes of PracticePart XI – Enforcement and InvestigationPart XII – Liability for OffencesyPart XIII – AppealsPart XIV RegulationsPart XIV – RegulationsPart XV - Miscellaneous 9

ObjectiveObjectiveObjectiveObjective

SECURINGSECURING the safety health and SECURINGSECURING the safety, health and welfare of persons at workPROTECTINGPROTECTING persons at a place of work other than employeesp yPROMOTINGPROMOTING a suitable environment f t kfor persons at workENABLINGENABLING previous legislation to be replaced by regulations and approved industry codes of practice operating in industry codes of practice operating in combination with the OSH Act 1994

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Scope of ActScope of ActScope of ActScope of Act

S 1(2) : This Act shall apply throughout S.1(2) : This Act shall apply throughout Malaysia to the industries specified in the First Schedule First Schedule (shown in next slide).S.1(3): This Act shall NOT apply for( ) pp y

◦ Work on board of ShipMerchant Shipping Ordinance 1952Merchant Shipping Ordinance 1960 of Sabah or Sarawak

◦ Armed ForcesArmed Forces

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First ScheduleFirst ScheduleFirst ScheduleFirst ScheduleManufacturingManufacturingMining and QuarryingC iConstructionAgriculture, Forestry and FishingUtilities (Electricity, Gas, Water, Sanitary Services)Transport, Storage and CommunicationWholesale and Retail TradesHotels and RestaurantsFinance, Insurance, Real Estate and Business ServicesPublic services and Statutory Authorities

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Interpretation (meaning) Interpretation (meaning) S.3S.3

‘Practicable’ means practicable (able to ‘Practicable’ means practicable (able to be used / applied) having regard to◦ the severity of the hazard or risk◦ knowledge about the hazard or risk and any g y

way of removing or mitigating the hazard or risk◦ the availability and suitability of ways to

remove or mitigate the hazard or riskremove or mitigate the hazard or risk◦ the cost of removing or mitigating the hazard

or riskor risk

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Prevailing Laws (Prevailing Laws (GunaGuna PakaiPakai UndangUndang--UndangUndang))

S 2(1): Provisions of this Act are S.2(1): Provisions of this Act are additional to other laws relating to safety and healthS.2(2): If there is any conflict or ( ) yinconsistency between this Act and its regulations and any other written law regulations and any other written law related to OSH, the provisions of this Act 514 d i l i h ll il (M l 514 and its regulations shall prevail (Malay: digunapakai)

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Interpretation S 3Interpretation S 3Interpretation S.3Interpretation S.3‘Premises’ include:◦ any land, building or part of any building (e.g. office,

factory)◦ any vehicle, vessel or aircraft (e.g. Air Asia aircraft)◦ any installation on land, offshore installation or other

installation whether on the bed of or floating on any water◦ any tent or movable structure (e.g. construction camp)‘Place of Work’ - premises where persons work or premises used for the storage of plant or substance‘Occupier’ - person who has the management or control of the place of work‘S lf E l d P ’ i di id l h k f i ‘Self-Employed Person’ - individual who works for gain or reward otherwise than under a contract of employment

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InterpretationInterpretationS.3S.3

‘Substance’ any natural or artificial ‘Substance’ - any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapor or any combination of them

‘Pl t’ hi ip t ‘Plant’ - any machinery, equipment, appliance, implement or tool, any component and anything fitted, connected or belong to it.

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PHILOSOPHY AND PHILOSOPHY AND GUIDING PRINCIPLESGUIDING PRINCIPLES

“ Responsibilities to ensure safety and Responsibilities to ensure safety and health at the workplace lies with those who create the risk and with those who work with the risk ”

This covering:This covering:

Self-regulationg

Consultation

Workers cooperation and participation17

GENERAL DUTIES OF EMPLOYERS GENERAL DUTIES OF EMPLOYERS AND SELFAND SELF--EMPLOYED PERSONSEMPLOYED PERSONS

S f i ti blSo far as is practicable -• Provide and maintain plant and system of work

M k t f th f ti• Make arrangements for the safe use, operation, handling, storage and transportation of substances and plantsubstances and plant

• Provide information, instruction, training and supervision

• Provide and maintain place of work and means of access to and egress (escape) from any place of workof work

• Provide and maintain working environment that is safe and without health risk and adequate qwelfare facilities

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OTHER DUTIES OF EMPLOYERS, OTHER DUTIES OF EMPLOYERS, SELFSELF EMPLOYED AND OCCUPIERS EMPLOYED AND OCCUPIERS SELFSELF--EMPLOYED AND OCCUPIERS EMPLOYED AND OCCUPIERS

• Formulate written statement of his• Formulate written statement of his policy on OSH.

• Conduct undertaking in such manner not to affect other persons not hisnot to affect other persons not his employeesP id i f ti t th• Provide information to other persons on ways his undertaking may affect them

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GENERAL DUTIES OF DESIGNERS, GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS MANUFACTURERS AND SUPPLIERS

(plant and substance)(plant and substance)

So far as is practicable -So far as is practicable To ensure plant/substance is designed and constructed to be safe and withoutand constructed to be safe and without risk to health when properly usedArrange for carrying out testing andArrange for carrying out testing and examinationProvide adequate informationProvide adequate informationFor designers and manufacturers –arrange for research to eliminate orarrange for research to eliminate or minimize hazardsSafe erection and installationSafe erection and installation

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GENERAL DUTIES OF GENERAL DUTIES OF EMPLOYEES (including us!!)EMPLOYEES (including us!!)EMPLOYEES (including us!!)EMPLOYEES (including us!!)

• Reasonable care for safety and health• Reasonable care for safety and health of himself and others

• Co-operate with employer and others• Co operate with employer and others

• Wear and use Personal Protective Equipment (PPE)Equipment (PPE)

C l ( b ) i h i i• Comply (obey) with instruction on OSH 21

INTERFERE, CHARGE AND INTERFERE, CHARGE AND DISCRIMINATEDISCRIMINATEDISCRIMINATEDISCRIMINATE

• Employee not to interfere or misuse with• Employee not to interfere or misuse with anything provided for the interest of safety and health

• Employer/trade union not to levy (put charge) on employees due to any actions done in p y ypursuance of this Act or its regulations

• Employer/trade union not to discriminate p y(dismiss, injure or alter position) employee if he / she:

Makes a compliant (incline) on a matter he considers not safe, B b f f t d h lth ittBecomes a member of a safety and health committee Exercises his functions as a member in the committee

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OSH ProvidersOSH ProvidersOSH ProvidersOSH Providers

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OSH ProvidersOSH ProvidersNational LevelNational LevelNational LevelNational Level◦ Government Agencies

Department of Public Health (DPH)Department of Public Health (DPH)Department of Occupational Safety & Health (DOSH)National Institute of Occupational Safety and Health (NIOSH)p y ( )Social Security Organization (SOCSO)

◦ Universities

State LevelState Level◦ State Health Departmentsp◦ State Departments of Occupational Safety and

Health (DOSH)( )

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OSH ProvidersOSH ProvidersDistrict LevelDistrict LevelDistrict LevelDistrict Level◦ District Health Office

H it l◦ Hospital◦ Occupational Health Clinics in Primary Health Care

FacilitiesFacilities◦ Private Occupational Health Doctors

(Specialist/OHD)(Specialist/OHD)

Enterprise LevelEnterprise LevelE l◦ Employers◦ Occupational Health Doctor (Company

Doctors/Company Appointed Doctors)Doctors/Company Appointed Doctors)

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OSH Providers

NonNon Governmental OrganizationGovernmental Organization

OSH Providers

NonNon--Governmental OrganizationGovernmental Organization◦ Union

Malaysia Trade Union Congress

◦ Professional OrganizationSociety of Occupational & Environmental Healthy pMalaysian Occupational Health Nurses AssociationMalaysian Industrial Hygienist Associationy yg

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Ministry of HealthMinistry of HealthMinistry of HealthMinistry of HealthHave no legislative power under the Have no legislative power under the OSHA 1994Main functions:◦ As an employer – should provide a safe and As an employer should provide a safe and

healthy work environment for all its workers◦ As the custodian (in charge) of the nations ◦ As the custodian (in charge) of the nations

health to provide the curative and preventive service for the Malaysian populationservice for the Malaysian population.

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Ministry of Human ResourceMinistry of Human ResourceMinistry of Human ResourceMinistry of Human ResourceIs the InIn Charge !!!Charge !!!Is the InIn--Charge..!!!Charge..!!!

National Council of Occupational Safety & Health (NCOSH)Departments of Occupational Safety & Departments of Occupational Safety & Health (DOSH)N l I f O l S f National Institute of Occupational Safety & Health (NIOSH)Social Security Organization (SOCSO)

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National Council for Occupational National Council for Occupational Safety & Health (NCOSH)Safety & Health (NCOSH)

Formed in 1995Formed in 199512-15 members representing the government, employers, employees and non-governmental or professionals g porganizations, each serving 3 year termsCh i d b th D t Mi i t f Chaired by the Deputy Minister of Human Resources

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NCOSHNCOSHDuties toDuties to◦ Discuss◦ Analyze ◦ Investigateg

Forward annual reports & recommendations to the Minister on recommendations to the Minister on matters which is in line with the aims of

O S f A the Occupational Safety & Health Act 1994

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Department of Occupational Department of Occupational Safety & Health (DOSH)Safety & Health (DOSH)

Begun in 1878 with the appointment of Begun in 1878 with the appointment of the first Machinery InspectorMachinery Department (Machinery Ordinance 1953))Factories and Machinery Department (F t i d M hi A t 1967)(Factories and Machinery Act 1967)Department of Occupational Safety & Health (DOSH) (Occupational Safety & Health Act 1994 (OSHA 1994)Health Act 1994 (OSHA 1994)

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DOSHDOSHDOSHDOSHResponsible for ensuring theResponsible for ensuring the◦ Safety◦ Health◦ Welfare of persons at workp◦ Protection of other people from hazards to

safety and health arising from the activities of safety and health arising from the activities of persons at work

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DOSHDOSHDOSHDOSHMajor ActivitiesMajor Activities◦ Standard setting

Relevant legislation, codes of practice, guidelines

◦ EnforcementRegional branch offices in every state

◦ Promotiono ot oEnhance OSH consciousness (awareness)

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National Institute of Occupational National Institute of Occupational Safety & Health (NIOSH)Safety & Health (NIOSH)

Founded in December 1 1992 as a Founded in December 1, 1992 as a Company Limited by Guarantee, under Malaysian Companies, 1965 to spearhead (leading force) the safety and health ( g ) yculture at the workplace in Malaysia

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NIOSHNIOSHNIOSHNIOSHThe board of Directors is a tripartite The board of Directors is a tripartite (collision of three parties) representation of the Government, Private Sectors and the Workers Unions, which provides pautonomy in decision making.NIOSH was set up on a Launching Grant NIOSH was set up on a Launching Grant from the Government and the Social S i O i i (SOCSO) f Security Organization (SOCSO) of Malaysia.

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NIOSHNIOSHNIOSHNIOSHFunction of NIOSHFunction of NIOSH◦ Teaching◦ Research◦ Consultancyy

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Social Security Organization Social Security Organization (SOCSO)(SOCSO)

Set up in 1971Set up in 1971To implement, administer and enforce◦ The Employees’ Social Security Act, 1969◦ The Employees’ Social Security (General The Employees Social Security (General

Regulations) 1971◦ Employment Injury Scheme Pension Scheme◦ Employment Injury Scheme , Pension Scheme

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OSH OSH OSH OSH REPORTINGREPORTING

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REPORTING OF ACCIDENTS, REPORTING OF ACCIDENTS, DANGEROUS OCCURRENCES, DANGEROUS OCCURRENCES,

OCCUPATIONAL POISONING AND DISEASESOCCUPATIONAL POISONING AND DISEASES

• (1) Employer to report to the nearest OSH ( ) p y pofficers of accidents, dangerous occurrence, occupational poisoning and , p p gdiseases

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REPORTING OF ACCIDENTS, REPORTING OF ACCIDENTS, DANGEROUS OCCURRENCES, DANGEROUS OCCURRENCES,

OCCUPATIONAL POISONING AND DISEASESOCCUPATIONAL POISONING AND DISEASES

(2) Every registered medical practitioner /(2) Every registered medical practitioner / officers attending to or called to visit a patient who he believes to be suffering the diseases inwho he believes to be suffering the diseases in Third scheduled of the FMA (Act 139) or to report on scheduled diseases listed in the Thirdreport on scheduled diseases listed in the Third Schedule of the FMA (Act 139), or any disease named in any regulation or order made bynamed in any regulation or order made by Minister under this Act, or occupational poisoning shall report the matter to the Directorpoisoning shall report the matter to the Director General.

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REPORTING OF ACCIDENTS, REPORTING OF ACCIDENTS, DANGEROUS OCCURRENCES, DANGEROUS OCCURRENCES,

OCCUPATIONAL POISONING AND DISEASESOCCUPATIONAL POISONING AND DISEASES

(1) If there is the case the Director General• (1) If there is the case, the Director General (DG) will direct inquiry to be held by OSH officer (DSOH)officer (DSOH).

(2) DG may appoint one or more persons of• (2) DG may appoint one or more persons of appropriate background and expertise (e.g engineering medical etc ) to serve as assessorsengineering, medical etc.) to serve as assessors in any such inquiry.

• (3) An allowance to be paid (rated is determined by Minister) to non-public officerdetermined by Minister) to non public officer serving as an assessor in the enquiry.

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Appointment of OfficersAppointment of OfficersAppointment of OfficersAppointment of Officers

Appointment of Director General & Appointment of Director General & Deputy Director General, Directors, Deputy Directors, Assistant Directors and other OSH officers (DOSH) by the ( ) yMinister – perform duties and exercise powers based on OSH regulationspowers based on OSH regulationsAppointment of independent Inspecting B d /Offi b DGBody/Officers by DG.

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ENFORCEMENT AND ENFORCEMENT AND INVESTIGATION INVESTIGATION INVESTIGATION INVESTIGATION

• Director General of OSH• OSH officers• Posses 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 diseaseQ i if• Question any person if necessary

• All persons must assist the officer with entry, inspection examination and enquiryinspection, examination and enquiry

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IMPROVEMENT AND IMPROVEMENT AND PROHIBITION NOTICESPROHIBITION NOTICES

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

IMPROVEMENT NOTICESor

PROHIBITION NOTICES

• Notices to person in control• Time to comply given (improvement notices)• Reason given, contravention explained• Must comply with even if appealp y pp• Appeal, within 30 days to DG

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OSHA LIABILITIESOSHA LIABILITIESOFFENCE

MAXIMUM RM

and/orPENALTIES Imprisonment

Duty of employers/self employed

50,000 2 years

Duty of occupier to non 50 000 2 yearsDuty of occupier to non employees

50,000 2 years

Duty of designer/manufacturers 20,000 2 yearsy g , y

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 (i t f / i )

20,000 2 years(interference/misuse)Discrimination by employer/union

10,000 + damages +

1 yearemployer/union damages

reinstatement order 45

OSHA LIABILITIESOSHA LIABILITIESOSHA LIABILITIESOSHA LIABILITIES

MAXIMUM PENALTIESOFFENCE MAXIMUM RM

and/or

PENALTIES Imprisonment

Medical surveillance regulation 5,000 6 months

Duty of occupier to employ SHO 5 000 6 monthsDuty of occupier to employ SHO 5,000 6 months

Duty of employer to t / lt SHC

5,000 6 monthscreate/consult SHC

Disclosure of business secret 20,000 2 years

Failure to comply with any other part of the Act or any of the

10,000 + 1,000 every day after

1 year

regulation conviction

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