SOCSO ACCIDENT

PREVENTION SEMINAR

2015

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Amendment to OSHA 1994 and

Migration of FMA 1967

25 Ogos 2015

PWTC, Kuala Lumpur

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Occupational Safety and Health, 1994 (OSHA) • passed by Parliament, enacted and enforced

by DOSH since 1994.

• After 20 years, the amendment should be made in order to improve and facilitate

methods of ‘regulating behavior’ in safe working environment toward the safe work

culture.

Factories and Machinery, 1967 (FMA) • Amended in 2006 on new definition of the

machinery and plant, empowerment of

person/body to perform DOSH’s function.

Background

3

To facilitate the industry with one act only

Application and Scope

Legalize all administrative requirement

Penswastaan (outsourcing)

OYK/FYK (Empowerment and accountability)

To strengthen existing Legislation

A

B

C

D

Why migration?

E

F

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Why migration?

F. To strengthen the existing legislation

1. Includes all industries

• Apply to all industries

2. Covers all industry player

• Developer (in const. industry) • Multi employer (contractor, sub

contractor etc)

3. Responsibilities &

accountabilities of industry

player

• Contractor, sub contractor • Outsourcing, Labour supplier

4. Empowering Majlis Negara

(MNKKP)

• strengthen the role & function of Pengerusi & Ahli MNKKP

• Broaden of MNKKP’s function

5. Legalize administrative work

• Provide enabler for OYK/FYK appointment

• Accountabilities of OYK/FYK

6. Increase the penalty rate

• RM 50k to RM500k

7. Improve the compound provision

• To facilitate better mechanism on compounding and appealing.

8. Provision for Rights of Employees

and Young Person

• Rights of Employees to remove himself from dangerous

environment.

• Young Person – not allowed to work in hazardous activity.

Self regulation element in

OSHA

New Act

- Prescribe as Regulation under New Act

- ICOP

Prescriptive section in

FMA

Prescriptive regulation under FMA

Maintain self-

regulation

approach in Main

Act but facilitate

by prescriptive

regulation,

technical

specification ,

ICOP and

guideline. 5

The process of migrating FMA, 1967 into OSHA 1994

Concept

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1

2

3

To provide legal provisions (enablers) to meet the

aspirations of the OSH development in Malaysia with the concept of self-regulating approach

Not all the provisions / regulations can be implemented simultaneously

There are provisions that require specific rules or

regulation i.e.

- Control of machinery

- Control of Competent Person

- Control of activities (sand blasting) - Implementation of Licensed Person

PROVISION AND ENABLER OF NEW ACT

Application

All industries in Sch. 1

Not apply

Merchant Shipping Ordinance 1952

Merchant Shipping Ordinance 1960 of Sabah

& Sarawak

Armed forces

Application

All industries

Not apply

Merchant Shipping Ordinance 1952

Merchant Shipping Ordinance 1960 of Sabah

& Sarawak Exempted Industries

(e.g. Armed Forces, domestic-

maid etc)

Published in Gazette (Order)

New Act

OSHA 1994

SCOPE

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Chairman:

1. Not only knowledgeable and experience but very passionate to lead and

championing MAJLIS ( and nation as a whole) to a better OSH

administration.

OSHA 1994 New Act

Sec. 9(2)

The Minister shall appoint from

among the persons mentioned in

subsection (1) a Chairman and a

Deputy Chairman of the Council

Chairman

• Have wide experience and special knowledge in matters relating to OSH

• Not from public officers, employers, member of any trade union or

member of the administration

Deputy Chairman

KSU KSM

Justification

MAJLIS : A – Chairman & Dep. Chairman

Deputy Chairman

1. Presume KSU will understand better the administration of OSH in

Malaysia (resources)

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–

Director General of DOSH is the most

knowledgeable person to advise / facilitate

member of NCOSH on Administration of OSH.

OSHA 1994 New Act

Sec. 12(1)

The Minister shall

appoint a public officer

from the office of the

Director General to be

the secretary to the

Council.

The Minister shall

appoint ‘Director General of DOSH’ to be the Secretary to the

Council

Justification

MAJLIS : B – secretary

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OSHA 1994

(persons)

New Act

(persons)

Employers 3

(organization

representing employer)

5

(representing employer)

Employees 3

(organization

representing employee)

5

(representing employee)

Ministry/Dept ≥ 3 5 ( incl. DG of Health)

Org./Professi

onal Bodies ≥ 3 incl. 1 woman

≥ 5 incl. 1 woman ED NIOSH + CE SOCSO +

Org./Professional Bodies

Total

12 < members < 15

(Include Chairman &

Dep. Chairman)

23 < members < 25

(Include Chairman,

Dep. Chairman &

Secretary)

MAJLIS : C – Other members

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Remove ‘organization representing employer’ and replace with ‘representing employer’: 1.Employers / employee can be from individual

and/or organization

2.To avoid organization from claiming that

membership is their exclusive right

3.Increment number of person (from 3 to 5) is

due to growth of industry

Primary criteria is to have wide experience

and special knowledge related to OSH

MAJLIS : C – Other members

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No Powers & Functions

1 Changes it considers desirable to occupational safety and health legislation

2 Improvement of administration and enforcement of occupational safety & health legislation

3 Fostering of a co-operative consultative relationship between management & labour on the safety, health & welfare of persons at work

4 Special problems with respect to occupational safety, health & welfare of women, handicapped persons & other groups in the community

5 Establishment of adequate methods of control of industrial chemicals at a place of work

6 Statistical analysis of occupationally related deaths & injuries

7 Provision of health care facilities at a place of work

8 Fostering of the development & adoption by law of industry codes of practice related to

occupational safety, health & welfare

9 Development of rehabilitation plans & facilities to assist persons injured at a place of work

10 Cooperative relationship between Gov., employers & employees

11 Research & publication on OSH

12 Training & education on OSH

13 Promotion of OSH

NEW !

NEW !

NEW !

NEW !

Government shall provide sufficient

funds for NCOSH annually to enable

the NCOSH to perform its function and

exercise its power under this Act

MAJLIS : D - Power & Function

OSHA 1994

• none

New Act

• With recommendation of DG, Minister may grant licensed on

such conditions and limitations to

any person to perform any

function specified in this Act as

the functions of a Licensed

Person

• Minister may make a regulation

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Justification

To facilitate or provide provision on empowerment of

Licensed Person to perform any function specified in this

Act in future

APPOINTMENT OF LICENSED PERSON (LP)

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Justification To facilitate or provide provision as an enabler for

requirement on registration of factories and

machinery

FACTORY AND MACHINERY

OSHA 1994

• none

New Act

• Occupier had duties on place of work, plant and substances

• Notification of place of work (factory)

Definition of Machinery

Certificated Machinery

Steam Boiler

Pressure Vessel

Lifting Machine

Lift

Hoist

Crane Other

Machinery

Will exclude

‘low risk machinery

General

machinery

Definition of MACHINERY

Board of Appeal

DG DOSH NOI & NOP

Prohibition Against Use of

Plant / Substance

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• Appointed by Minister •Case by case basis •Meeting allowance • Chairman = Member of NCOSH

OSHA FMA

Appeal Committee

Panel of Competencies

Competencies

• Appointed by DG • Meeting allowance

Written Exam /

Oral / Audit e.g: Lembaga

Penilaian

Kompetensi

BOARD OF APPEAL & PANEL OF COMPETENCIES (NEW)

NEW

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Justification 1.To provide platform for appealing

purposes

2.Recognizing capacity and knowledge of

NCOSH

BOARD OF APPEAL & PANEL OF COMPETENCIES (NEW)

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Justification:

• To cater multilayer employment of business situation nowadays

• Input from prosecution case • Segregation of responsibilities for each of duty holder is

spell out clearly

OSHA 1994

• Employer – Immediate

Employer

– Principal Employer

New Act

• Employer – Immediate Employer - Principal Employer

• Principal Contractor • Contractor, Subcontractor • Occupier

DUTY HOLDER: DUTIES & RESPONSIBILITIES

OSHA 1994

No specific provision to conduct risk assessment

New Act

New provision is added to give duty to Employer, Self Employed Person

and Principal Contractor to

conduct HIRARC

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Justification To promote preventive culture

HIRARC

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OSHA 1994

Done administratively

New Act

Power of DG DOSH to appoint Competent Person and Penalty

Competent Person’s

accountability

Justification:

• To legalize the Competent Person appointment • To provide framework on administration of competency • Competent Person are more responsible towards their

job

COMPETENT PERSONS & CERTIFICATE OF COMPETENCY

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OSHA 1994

Any compound

need consent from

PUU

New Act

Power of DOSH officer to issue compound on

compoundable offences (max: RM

3000)

Justification:

• To remind offender on their responsibilities

COMPOUND

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1

2

3

Hazard Identification, Risk Assessment & Risk

Control

NADOOPOD

Safety & Health Policy

COMPOUNDABLE OFFENCES

4 Employment of Safety & Health Officer

5 Establishment of Safety & Health Committee

Others will be stipulated in each ‘proposed’ regulation

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Item OSHA 1994 New Act

General Penalty RM10k RM100k

- Imprisonment 1 year

Employer Duties RM 50k RM 500k

Imprisonment 2 years Imprisonment 3 years

Employees Duties RM 1k RM 2k

- Imprisonment 3 months

OYK - RM 50k

- Imprisonment 1 year

FYK - RM 200k

- Imprisonment 2 years

Compound - RM 3k

Non-compliance of

Notice

RM 50k RM 500k

Imprisonment 5 years Imprisonment 3 years

Daily continuous offence – RM 500

Daily continuous offence – RM 2k

PENALTY

No. Subject Matters Adapted

from?

1 Factories & Machinery (such as PUWER,UK) FMA

2 FYK FMA

3 Enquiries FMA & OSHA

4 Licensed Person FMA

5 Training OSHA

6

OYK/SHO/MO

(Noise, OHD, Lift, AESP, SSS, Designated Person-Formwork,

CHRA, MH, IAQ, HT1, Auditor, SHO)

FMA & OSHA

7 Risk Assessment New !

8 OSHMS New !

9 CIMAH New !

10 Construction Work New !

11 SSI New !

12 Auditor New ! 24

Justification

1. To provide power of Minister to make Regulation

2. To provide an enabler for such Regulation

POWER OF MINISTER TO MAKE REGULATIONS

THANK YOU

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