§ The code of laws of Babylonian King Hammurabi (circa 2000 B.C.

)
§ Printed the code on a 2.4 height stone monument and published to people
§ Hammurabi prescribed punishment of overseers for injuries suffered by morkers
§ Also, imposed fine to prevent the accident
§ Death penalty if causing death to other and compensation to victim
§ Development of OSH in Malaysia very close relates to UK
§ UK developed their OSH legislation during industrial Revolution in 19th century
§ Earlier, limited liability on employer – “doctrine common employment”.
§ Laws enacted to control the working hour, gender and age.
§ Tragic events such as factory fires also triggered legislation requiring improved
factory safety standards.
§ By the of 19th century, the concept of responsibility without fault of the employer gave
rise to compensation and insurance schemes for occupational injuries and the diseases
including the first traces of the principle of prevention.
§ 1970, a committee chaired by Lord Roben investigated on the failure of UK factories to
reduce the accident and from his report, UK enacted HASAWA 1974 to replace other
OSH laws.

Source: ILO 2009

1. Occupational Safety and Health Act 1994 (OSHA 94)
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)
 a moral or legal
obligation to ensure
the safety or well-
being of others.

Definition from
a dictionary…
 obligation to always
act in the best interest
of individuals and
others. not act or fail to
act in a way, that
results in harm.
Definition from legal
point of view…
§ Duty of care is a compulsory obligation that
needs to be fulfill to ensure the safety of one or
more person that belongs to an organization are
guaranteed.
§ The people in the organization is compulsory to
feel safe and will not be harm in any conditions
pertaining to the duty of care.
§ Where you need to
implement duty of care ?
§ Why you need to have duty
of care ?
• Employers have to ensure the
well beings of the employees
where it is safe to work at a
peaceful environment with no
violation to the right of the
employees.
• Employees are working with no
fear of being harassed either
mentally of physically.
§ Employers and factories have to ensure that the
safety of the employees have to be fulfilled such
as providing personal protective equipment,
related insurance policy if any accident occur
during working hours.
§ Employees has been explained their rights to be
safe in the hazardous working environment in
factories and construction sites
§ Doctors are oblige to give advice and
treatment to every patients that seeks advice
and medical treatment without any prejudice
towards patients history.
§ Patients have to be honest with their history of
health and conditions before seeking any
medical advise and treatments.
§ Do you think that your organization have
fulfill their duty of care ?
§ Do you think that you have fulfill your duty
of care towards your organization ?
§ Any other place that should implement
duty of care ?
Ø Factory and Machinery Act (FMA) 1967
Ø Occupational Safety and Health 1994 (Act 514)
Ø Employers’ responsibilities (Part IV, Section 15-19)
Ø Employees’ responsibilities (Part VI, Section 24-27)
§ In the year 1967, the Factory and Machinery Act was
approved by the Parliament of Malaysia.
§ In 1970, the Factory and Machinery Act and eight
regulations under the act were enforced.
§ This act was legislated to overcome the weaknesses in the
Machinery Ordinance 1953,
They were not protected if they are working in a workplace
that doesn’t use machinery.
§ Provide control of factories related to safety, health & welfare of persons at work, &
any matters related to registration & inspection of machinery
§ Specify dangerous occurrence, types of serious bodily injury & industrial diseases
§ Specify powers of inspectors, obstruction and offences.
§ Specify requirement for machinery – steam boilers, unfired pressure vessels, gas
cylinders, transmission machinery, hoisting machines & etc.
§ Specify duties of persons employed and occupier, person in charge & certificate of
competency.
§ Instruct all machinery to have written approval, valid certificate of fitness &
periodically inspection by inspector.
§ Control of factories operations with respect to safety, health and
welfare of persons
§ Registration & inspection of machinery
§ OSHA 1994 supersedes the FMA 1967 in the event of any conflict
§ FMA 1967 applies to mainly factories & construction sites
§ FMA & OSHA – enabling act (give power to minister to gazette detail
regulations)
§ Contain some general provision on safety, health and welfare
§ FMA – limited to manufacturing industry, mining, quarrying and
construction
§ No detail provisions on specific matters – detail provision are
stipulated under the regulations
§ Part 1 – Preliminary
§ Part 2 – Safety, health and welfare
§ Part 3 – Persons in charge & certificates of competency
§ Part 4 – Notification of accidents, dangerous occurrence & dangerous
diseases
§ Part 5 – Notice of occupation of factory & registration & use of
machinery
§ Part 6 - General
§ Definition of Factory
q Premises & its boundaries
qWithin the premises there is manual labor doing process of making, altering,
repairing, ornamenting, finishing, cleaning, washing, breaking, demolishing,
constructing, fitting, adjusting.
qThe process must be for trading any business
Key points:
§ Premises must be designed with safe access to work areas, material
& goods must be safely stacked (S.10)
§ Machinery must be properly constructed & dangerous parts must be
fenced (S.14,15,16)
§ Employees must not misuse safety & health equipment (S.20)
§ Employees must not to endanger himself or other person.
§ Premises must be kept clean with adequate space, ventilation,
lighting & toilets (S.22)
§ Persons must be supplied with adequate facilities for clothing,
storage, drinking, water, first aid & washing facilities (S.25)
§ Employees must be trained on safety of machinery (S.26)
§ Machinery operators must be adequately trained or under the
supervision of trained person (S.26)
§ Young persons (<16) must not operate machinery (S.28)
§ The occupier must notify the nearest inspector of accidents
& diseases included:
a) Loss of life
b) Injury to a person who loses more than 4 days work loss injury time – LTI
c) Serious damage to machinery or other property (S.31)
d) Inspectors may investigate & hold inquiries on more serious cases (S.33)
§ Notify DOSH within 3 months of the intended start date (S.34)
§ Building operations must be notified if last more than 6 weeks (S.35)
§ Changes to the use of factory or machinery must be notified to DOSH
§ Fills standard form with
a) Layout plan of factory
b) List of manufactured products
c) List of machines to be used
d) List of chemicals, toxic or flammable substance
e) Detail flow chart of work process
§ General penalty RM 2000
§ Certain sections with penalty RM 5000 (S.51)
§ This legislation was made considering the fact that the
Factory and Machinery Act 1967 only covers occupational
safety and health in the manufacturing, mining, quarrying
and construction industries, whereas the other industries
are not covered.
§ The purpose of Occupational Safety and Health Act 1994 is to
promote and encourage occupational safety and health
awareness among workers and to create organization along
with effective safety and health measures.
Apply throughout Malaysia to the industries as follows
§ Manufacturing;
§ Mining and Quarrying;
§ Construction;
§ Agriculture, Forestry and Fishing;
§ Utilities such as Electricity, Gas, Water and sanitary Services;
§ Transport, Storage and Communication;
§ Wholesale and Retail Trades;
§ Hotels and Restaurants;
§ Finance, Insurance, Real Estate and Business Services
§ Public Services and Statutory Authorities
Notes

§ Not applicable to work on board ships governed by the Merchant Shipping

Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah and Sarawak
§ Not applicable to armed forces
§ This Law is in addition to previous law pertaining to occupational safety and health.
If there is any conflict, this Law shall supercede the previous law.
1. To secure the safety, health and welfare of persons at work against
risks
2. To protect persons at a place of work other than persons at work
against risks
3. To promote an occupational environment for persons at work which is
adapted to their physiological and psychological needs.
4. To provide the means whereby the associated occupational safety and
health legislations 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.
§ Accident prevention is an essential part of good management and workmanship
§ Management and workers must cooperate
§ Top management must take the lead
§ A define and known safety and health policy
§ Organization and resources to achieve policy
§ Best available knowledge and methods
 FMA 1967
Scope Only cover OSH in the
manufacturing, mining, quarrying,
works of engineering and
construction
Cover 24 % of the man power
Approach § Prescriptive
§ Too dependent on government
§ Concern for inspection by
regulation authorities
Objective § focus on control of factories &
machinery
§ registration & inspection of
machines
§ less provision for health
OSHA 1994
Cover all economic activities &
government except armed forces
& seafarers
Cover 90% of the man power
§ self regulation
§ supported by code of practices,
guidelines etc
§ tripartite responsibilities
§ worker cooperation & participation
to safe guard, health & welfare of
employees & those at the place of
work for example; visitors, contractors
etc.
§ Section 15: General duties of employers and self-employed persons
to their employees.
§ Section 16: Duty to formulate safety and health policy.
§ Section 17: General duties of employers and self-employed persons
to persons other than their employees.
§ Section 18: Duties of an occupier of a place of work to persons other
than his employees.
§ Section 19: Penalty for an offence under section 15, 16, 17 or 18.
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 all his employees.
2) Without prejudice to the generality of subsection (1), the matters to which the duty
extends include in particular-
a) the provision and maintenance of plant and systems of work that are, so far as is practicable,
safe and without risks to health;
b) the making of arrangements for ensuring, so far as is practicable, safety and absence 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 is necessary to ensure,
so far as is practicable, the safety and health at work of his employees;
d) so far as is practicable, as regards any place of work under the control of the employer 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 the means 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 employees that is, so far as is
practicable, safe, without risks to health, and adequate as regards facilities for their welfare at
work.
3) For the purposes of subsections (1) and (2)-
a) "employee" includes an independent contractor engaged by an
employer or a self-employed person and any employee of the
independent contractor; and
b) the duties of an employer or a self-employed person under
subsections (1) and (2) extend to such an independent contractor
and the independent contractor's employees in relation to matters
over which the employer or self-employed person-
i. has control; or
ii. would have had control but for any agreement between the
employer or self-employed person and the independent
contractor to the contrary.
Except in such cases as may be prescribed, it be the duty of every
employer and every self-employed person to prepare and as often 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.
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 his
employees, who may be affected thereby are not thereby exposed
to risks to their safety or health.
2) It shall be the duty of every employer and every self-employed
person, in the prescribed circumstances and in the prescribed
manner, to give to persons, not being his employees, who may be
affected by the manner in which he conducts his undertaking, the
prescribed information on such aspects of the manner in which he
conducts his undertaking as might affect their safety or health.
1) An occupier of non-domestic premises which has been made available to
persons, not being his employees, as a place of work, or as a place where they
may use a plant or substance provided for their use there, shall take such
measures as are practicable to ensure that the premises, all means of access
thereto and egress therefrom available for use by persons using the premises,
and any plant or substance in the premises or provided for use there, is or are
safe and without risks to health.
2) A person who has, by virtue of a contract or lease or otherwise, an obligation of
any extent in relation to –
a) the maintenance or repair of a place of work or any means of access thereto or
egress therefrom; or
b) the prevention of risks to safety and health that may arise from the use of any plant
or substance in the place of work,
shall for the purpose of subsection (1) be deemed to have control of the matters
to which his obligation extends.
A person who contravenes the provisions of
section 15, 16, 17 or 18 shall be guilty of an
offence and shall, on conviction, be liable to
a fine not exceeding fifty thousand ringgit
or to imprisonment for a term not exceeding
two years or to both.
§ Section 24: General duties of employees at work.
§ Section 25: Duty not to interfere with or misuse things provided
pursuant to certain provisions.
§ Section 26: Duty not to charge employees for things done or
provided.
§ Section 27: Discrimination against employee, etc.
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 employer or 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.
2) A person who contravenes the provisions of this section shall be guilty of an
offence and shall, on conviction, be liable to a fine not-exceeding one
thousand ringgit or to imprisonment for a term not exceeding three months
or to both.
A person who intentionally, recklessly or negligently interferes with or
misuses anything provided or done in the interests of safety, health
and welfare in pursuance of this Act shall be guilty of an offence and
shall, on conviction, be liable to a fine not exceeding twenty thousand
ringgit or to imprisonment for a term not exceeding two years or to
both.
No employer shall levy or permit to be levied on any employee of his
any charge in respect of anything done or provided in pursuance of
this Act or any regulation made thereunder.
1) No employer shall dismiss an employee, injure him in his
employment, or alter his position to his detriment by reason only
that the employee-
a) makes a complaint about a matter which he considers is not safe or is
a risk to health;
b) is a member of a safety and health committee established pursuant to
this Act; or
c) exercises any of his functions as a member of the safety and health
committee.
2) No trade union shall take any action on any of its members who,
being an employee at a place of work-
a) makes a complaint about a matter which he considers is not safe or is
a risk to health;
b) is a member of a safety and health committee established pursuant to
this Act; or
c) exercises any of his functions as a member of the safety and health
committee.
3) An employer who, or a trade union which, contravenes the provisions of this
section shall be guilty of an offence and shall, on conviction, be liable to a fine
not exceeding ten thousand ringgit or to a term of imprisonment not exceeding
one year or to both.
4) Notwithstanding any written law to the contrary, where a person is convicted of
an offence under this section the Court may, in addition to imposing a penalty on
the offender, make or both of the following orders:
a) an order that the offender pays within a specific period to the person against whom
the offender has discriminated such damages as it thinks fit to compensate that
person;
b) an order that the employee be reinstated or re-employed in his former position or,
where that position is not available, in a similar position.
§ In Malaysia, the Safety and Health Organizations is administered by the Ministry of
Human Resources.
§ Under the Ministry of Human Resources, three main departments hold the
responsible to governed the safety and health in work place.
§ The departments are Department of Safety and Health (DOSH) Malaysia and
National Institute of Safety and Health (NIOSH) Malaysia and Social Security
Organization (SOCSO) Malaysia
 www.dosh.gov.my

§ This department was developed to ensure that the safety health and welfare of people at
work. In addition, DOSH ensure that workers are protected from safety and health hazard at
work place such as
§ Manufacturing
§ Mining and Quarrying
§ Construction
§ Hotels and Restaurant
§ Agriculture, Forestry and Fishing
§ Transport, Storage and Communication
§ Public Services and Statutory Authorities
§ Utilities - Gas, Electricity, Water and Sanitary Services
§ Finance, Insurance, Real Estate and Business Services
§ Wholesale and Retail Trades
 www.dosh.gov.my

§ The department are responsible to administered and enforce the legislation related to
occupational safety and health in Malaysia
§ It’s main function is to review the policies pertaining to occupational safety and health
act.
§ The legislations that were governed and can be enforce under the department are:
§ Occupational Safety and Health Act 1994 and its regulations.
§ Factories and Machinery Act 1967 and its regulations.
§ Part of Petroleum Act 1984 (Safety Measures) and its regulations.
§ National Institute of Occupational Safety and Health (NIOSH) Malaysia was developed
as an institute to provide the proper training of Occupational Safety and Health (OSH)
as its main function.
§ Upon completion a recognized certificate of competency will be given based on the
OSH course attended by the participants
§ NIOSH has listed its core activities where it is
§ Training
§ Consultation
§ Research and development
§ Information Dissemination
§ Examination
§ Currently, in www.niosh.com.my, there are three main programs that were offered from
NIOSH which is
§ Competency Programs (This program have 38 courses)
§ Non-competency Programs (This program have 39 different courses)
§ Induction and safety Passport Programs (This program have 23 courses)

§ Participants are free to choose which programs and courses that suit their job scope.
 www.perkeso.gov.my

§ The Social Security Organization (SOCSO) was established as one of the government
departments under the Ministry of Human Resources to administer, implement and
enforce the Employees’ Social Security Act 1969 and the Employees’ Social Security
(General) Regulations 1971.
§ On 1 July 1985, SOCSO’s status was changed to a Statutory Body and since 1 January
1992, SOCSO has implemented its own remuneration system known as the Sistem
Saraan Baru PERKESO.
 www.perkeso.gov.my

§ the main function of SOCSO is to provide social security protection to employees and
their dependents through the Employment Injury Scheme and the Invalidity Scheme.
 www.perkeso.gov.my

§ Any working organizations (immediate employers) who employ one or more

employees are responsible to register and contribute to Social Security Organization
(SOCSO) based on the rates specified under the Employees’ Social Security Act, 1969,
administered by SOCSO.
§ The working organizations ( immediate employers) are also responsible for ensuring
that all workers employed by the working organizations are registered with SOCSO
and the contributions are paid accordingly.
§ Employers are responsible for reporting all work-related accidents that befall their
workers within 48 hours of notification.