OSH legislation in Malaysia

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OSH legislation in Malaysia

• FACTORIES AND MACHINERY ACT (FMA) 1967
• PESTICIDES ACT 1974
• ATOMIC ENERGY LICENSING ACT 1984
• PETROLEUM (SAFETY MEASURES) ACT 1984
• OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) 1994

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Why the OSHA 1994

• Prior to the OSHA 1994, the FMA 1967 was the
  primary legislation on occupational safety and
  health matter.
• However, the FMA 1967 has the following
  disadvantages
• Scope is limited to only the manufacturing sector
• Prescriptive, detailed regulations
• Too dependent on the government
• And hence, the formulation of the OSHA 1994,
  which covers all aspects of the economy including
  the public services and government bodies.

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Occupational Safety and Health Act 1994

• OSHA 1974 was gazetted in Feb 1994 based on
  intensive study of 1988 -1992 accident statistic
• Covers all sectors of the economy EXCEPT the
  armed forces and those on board ships (who are
  subjected to the Merchant Shipping Ordinance
  1952, and Merchant Shipping Ordinance 1960 of
  Sabah and Sarawak).
• Administered and enforced by the Department of
  Occupational Safety Health (DOSH) under the
  Ministry of Human Resources.

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Objectives of OSHA 1994

• To ensure the safety, health and welfare of
  persons at work against risks to safety and
  health arising from workplace activities.
• To protect non-employees at a workplace from
  risks to safety and health arising from workplace
  activities.
• To promote an occupational environment at the
  workplace that is adapted to their physiological
  and psychological needs.
• To provide means of developing regulative system
  and industry codes of practice to
  maintain/improve OSH standards.

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Philosophy and Guiding Principles

• Responsibilities to ensure safety and health at
  workplaces lies with those who create the risk
  and with those who work with the risk.
• Self regulation
• Tripartite approach government, employer and
  employees at workplace

Employees, workers
Employers, designers, manufacturers, suppliers
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General Duties of an Employer/self employed (P IV)

• Provide and maintain systems of work including
  machineries, equipment, tools, and storage and
  transportation facilities that are safe and
  without health risk.
• Provide information, instruction, training and
  supervision to ensure that all activities,
  including the operation of machineries and
  handling of toxic substances, are carried out
  safely and without health risk. Section 15
• Provide a safe workplace for both employees and
  visitors, with adequate means of access and exit
  and welfare facilities.
• For employers with more than five employees,
  formulate a written policy on OSH matters and
  inform all employees regarding the policy.
  Section 16
• Penalty for failure to comply RM 100,000 or two
  years imprisonment or both.-Section 19

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General Duties of a Designer /Manufacturer
/Supplier (P V)

• To ensure that machineries or substances supplied
  are safe and without health risks when properly
  used.
• To arrange for necessary testing of machineries
  or substances supplied.
• To provide sufficient information and training to
  ensure the safe use of machineries or substances
  supplied.
• To carry out necessary research to minimize any
  risk to safety or health that may arise from
  machineries and substances supplied.-Section 20
• To ensure the safe installation of machineries
  supplied.
• Penalty for failure to comply RM 20,000 or two
  years imprisonment or both.

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General Duties of an Employee (P VI)

• To take care to ensure the safety of himself and
  other persons.
• To provide full cooperation to the employer and
  other persons in complying with the requirements
  of OSHA 1994.
• To wear or use, at all times, any protective
  equipment or clothing provided by the
  employer.-Section 24
• Not to intentionally, recklessly or negligently
  interfere with or misuse any item provided or
  activity carried out in the interest of OSH in
  pursuance of the OSHA 1994.-Section 25
• Penalty for failure to comply RM 1,000 or three
  months imprisonment or both.

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Safety and Health Organisation (P VII)

• An employer with 40 or more employees must
  establish an OSH committee. -Section 30
• Both management and workers must have adequate
  and equal representation in the committee.
• The committee provides a path for consultation
  and cooperation between management and workers in
  identifying, assessing and controlling workplace
  hazards.
• Among the committees functions are
• review OSH measures undertaken
• inspect the workplace
• investigate possible hazards, accidents,
  near-misses
• recommend corrective action.
• Penalty for failure to comply RM 5,000 or six
  months imprisonment or both

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Safety and Health Officer

• Employers in certain high-risk industries, with
  greater than a given number of employees, must
  appoint a qualified Safety and Health Officer.
  Section 29
• The officer must have completed a training course
  in OSH and passed all required examination, have
  experience in the area of OSH of at least 10
  years, and be registered with the Director
  General of OSH.
• Among the officers functions are
• prepare submit monthly reports on OSH matters
• act as the secretary to the safety and health
  committee
• advise on and assist in OSH measures to be taken
  
• inspect the workplace to identify and correct
  potential hazards
• investigate possible hazards, accidents,
  near-misses
• collect and analyze OSH statistics.

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Factors contribute to Workplace Accidents

• Lack or no training on the job
• Absence of clear safe working procedures.
• Lack of on-the-job supervision.
• Act of negligence on the part of the workers.
• Other factors such as machinery breakdown, poor
  plant/machinery maintenance etc.

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Regulations under the OSHA 1994

• OSH (Control of Industrial Major Accident
  Hazards) Regulations 1996
• OSH (Safety and Health Committee) Regulations
  1996
• OSH (Safety and Health Officer) Regulations 1997
• OSH (Classification, Packaging and Labeling of
  Hazardous Chemicals) Regulations 1997
• OSH (Use and Standards of Exposure of Chemicals
  Hazardous to Health) Regulations 2000

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Construction (Design Management) Regulations
(CDM) - Roles Duties

• Under CDM, clients duties have to be pointed out
  to them by designers (Regulation 13(1))-applies
  to all who design.
• In the engagement of designers and contractors
  and in the formal appointment of the principal
  contractor, the client can ask for the advice of
  the planning supervisor who must be in a position
  to give it, (Regulation 14(c)).

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• The client has to provide the planning supervisor
  with information about the site or premises
  relevant to his functions, including matters that
  designers must take into account, (Regulation 11,
  ACoP Para.50)
• Designers have to, (R13)
• Take reasonable steps to ensure that the client
  for the project is aware of his duties under the
  Regulations
• Ensure that the design they prepare includes
  adequate regard to
• Avoiding foreseeable risks to the health and
  safety of anyone carrying out construction or
  cleaning work, or persons who may be affected by
  such work.
• Giving priority to measures which protect all
  persons carrying out the work or persons affected
  by the protection of the individual person
  carrying out the work

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• Designers have to, (R13) (contd)
• Ensure that the design includes adequate
  information about the affect on health and safety
  of any aspects of the project
• Co-operate with the planning supervisor and with
  any other designer.
• Designer is only responsible for including within
  the design matters which were reasonably
  foreseeable at the time the design was prepared.
• Designer also make clear that health and safety
  is only one of the balance of consideration to be
  taken into account, including cost, buildability,
  fitness for purpose, aesthetics and environment
  impact, (ACoP Para. 57)

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• Designers intention and assumptions about health
  and safety must be stated, (Regulation 13(2)(b)),
  so that the residual risks are clear, and to
  enable reliable performance by a competent
  contractor.
• Planning supervisor ensures that the file is
  started which will contain information relevant
  to construction, maintenance and repair work on
  the completed structure (Regulation 14(d)).
• The plan is produced to manage the risks that
  appear from the design process, (Regulation
  15(1)and(3)).
• The client must see that the plan has been
  developed to an appropriate degree (Regulation
  10, ACoP 48).

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The role of the designer considered

• The designer is concern greatly with risk
  avoidance and reduction in design.
• Concept and feasibility
• Can the footprint of the structures be arranged
  so as to assist traffic circulation and safe
  access to the street on an awkward site?
• Can major services be avoided or diverted?
• Can areas of contamination be avoided?

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• Scheme and detail design
• Will precast construction reduce exposure in
  potentially dangerous locations?
• Can ground level prefabrication be adopted?
• Could work below the steel erectors be completed
  first?
• Can work at heights be assisted by jointing
  detail?

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Thank you

• References
• Occupational Safety and Health Act 1994 (Act
  514), PNMB, 2004 Kuala Lumpur on behalf of
  Malaysian Government.
• Construction (Design and Management) Regulations
  2007 (CDM), 2007 No. 320.