⦿ Learning

outcomes:
◾Identify the main driver towards
the development of self regulating
act
◾Apply relevant SHE legislation in Malaysian
context
◾Establish Safety and Health management
system at workplace
⦿ Safet
y ◾The protection of people from physical injury.
⦿ Health
◾The protection of the bodies and minds of
people from illness resulting from the materials
, processes or procedures used in the workplace.
⦿ Welfare
◾ The provision of facilities to maintain the health
and well-being of individuals at the workplace.
⦿ This legislation w a s m a d e considering the fact t h a t the
Factory a n d Machinery Act 1 9 6 7 only covers occupational
safety a n d h e a lt h in the manufacturing, mining, quarrying
a n d construction i n d u str i e s , w h e r e a s the other
industries are not covered.
⦿ The p u r p o se of Occupational Safety a n d Health Act 1 9 9 4 is
to promote a n d encourage occupational safety a n d h e a l t h
awa re n e ss a m o n g workers a n d to create organization
along with effective safety a n d h e a l t h m e a su re s.

5
⦿ If a builder built a house for a man and do not make its
construction firm and the house which he has built
collapse and cause death of the owner of the house -
the builder shall put to death
⦿ If it cause the death of the son of the owner of the
house- they shall put to death a son of the builder
⦿ If it cause the death of a slave of the owner of the
house- he shall give the owner of house of slave of
equal value
⦿ If it destroy property, he shall restore whatever is
destroyed, and because he did not make the house
which he built firm and collapsed, he shall rebuilt the
house which collapsed at his own expense
⦿ If a builder built a house for a man and do not make its
construction meet requirements and a wall fall in, that
builder shall strength the wall at his own expense
⦿ Selangor Boiler Enactment 1892
⦿ Perak Boiler 1903
⦿ Machinery Ordinance 1913
⦿ Machinery Enactment 1932
⦿ Factory Acts 1967
⦿ Lift Regulation 1970
⦿ Lead Regulation 1984
⦿ Noise Regulation 1989
⦿ Mineral Dust Regulation 1989
⦿Asbestos Regulation 1991
⦿Occupational Safety & Health Act
1994
⦿ Many lives are lost annually due
to occupational accidents
⦿Economic losses to families, society and
the nation
⦿ Employers loss of trained/skilled
employees
⦿ High compensation
⦿Hazardous substances kill 438,000
workers annually.
⦿ 10% of all skin cancers are attributable to
workplace exposure to hazardous substances.
⦿ 20% of all adult asthma is attributable to
workplace exposure to hazardous substances.

Source : ILO
Source: SOCSO, 2009
Source : SOCSO,2009
Source : SOCSO,2009
⦿ Alpha Piper Tragedy (1988)
◾ Leaking gas on the Occidental Oil drilling
platform ignited late in the evening of 6 July
1988, causinga devastating blaze in which 167 of
the 226 men on board perished.
⦿ Bhopal
incident
◾ On the midnight of
December 2-3, gas
leaked from the factory
and unleashed Methyl-
Iso-Cynate poison into
air and water in an
industrial disaster that
would eventually kill
over 30,000 people and
maim hundreds of
thousands more.
Picture by The Star,2009
◾ Act
:-  A writing which states in a legal form that a thing has
been said, done, or agreed
 statutory plan passed by legislature which is a "bill"
until enacted and becomes law

◾ Regulation:-
 a rule or order issued by an executive authority
 Regulations also function to ensure uniform
application of the law
◾
Codes:-
 systematic and comprehensive compilation of laws,
rules, or regulations that are consolidated and
classified according to subject matter
 a collection of written laws gathered together,usually
covering specific subject matter.
◾Standards:-
 specificationthat establishes a common language, and
contains a technical specification or other precise
criteria and is designed to be used consistently, as a
rule, a guideline, or a definition
 ISO 9000:2007, OHSAS 18000,ISO 14000, BS,AS, MS
⦿
Definition
◾TORT – Civil wrong (negligence cases
or intentional wrongs result in harm.
⦿Negligence
◾Isthe lack of reasonable care or conduct
which results in injury, loss of life/ financial
/environment.
⦿ In 1856 (UK), negligence was judged to
involve actions or omission and the need for
reasonable and prudent behavior.
⦿ Provide a safe place of work
⦿ Provide a safe plant and equipment
⦿ Provide a safe system of work
⦿ Provide safe and competent fellow
employees (training)
Vicarious liability refers to a situation where someone
is held responsible for the actions or omissions of
another person. In a workplace context, an employer
can be liable for the acts or omissions of its employees,
provided it can be shown that they took place in the
course of their employment.
⦿ The employer is responsible by the action of his/her
employees.
⦿ The defense of the action of the employee (during
his/her course of employment) is transferred to the
employer.
⦿Employer is not liable if the employee acted
negligently and independently (any act/omission
which is not part of the job scope or requirement).
E.g. Smith vs. Crossley Bro. Ltd, 1951.
 “ The employer to ensure, so far as is practicable,
that any control measure is maintained in an
efficient state” means, if the duty is technically
possible or feasible, regardless of convenience or
cost, it must be done.
⦿ Malaysian context
◾Severity of the hazard in question
◾The state of knowledge on the hazard and
methods to control
◾The availability and suitability of the
method
◾The cost involve
⦿ ACT
(Policies)
◾(Law passed by Parliament)
◾OSHA 1994
◾Factory and Machinery Act 1967

⦿REGULATIONS (Details)
◾(Lawapproved by relevant Ministries)
◾OSHA(Safety and Health Officer)
◾OSHA (Safety & Health Committee)

⦿GUIDELINES (Implementation)
◾(Guides for use issued by relevant
Departments)
◾First Aid
◾Formulation of Safety Data sheet
⦿Control of Industrial Major Accident Hazard
Regulations 1996
⦿ Safety and Health CommitteeRegulations 1996
⦿Safety and Health Officer Regulations 1997
⦿Classification, Packaging and Labelling
of Hazardous Chemicals Regulations
1997
⦿ USECHH Regulations 2000
⦿Safety and Health Officer Orders 1997
⦿Prohibition of Use of Substance Order 1999
⦿Notification Of Accidents, Dangerous
Occurrences, Occupational Poisoning and
Occupational Diseases 2004 (NADOPOD)
⦿ Factories AndMachinery (Steam Boiler And
Unfired Pressure Vessel) Regulations 1970
⦿Factories And Machinery (Electric PassengerAnd
Goods Lift) Regulations 1970
⦿Factories And Machinery (Fencing Of Machinery
And Safety) Regulations 1970
⦿Factories And Machinery (Persons In Charge)
Regulations 1970
⦿Factories And Machinery (Safety, HealthAnd
Welfare) Regulations 1970
⦿Factories And Machinery
(Administration) Regulations 1970
⦿ Factories And Machinery (CertificatesOf
Competency) Regulations 1970
⦿ Factories And Machinery (Notification,
Certificate Of Fitness and Inspection)
Regulations 1970
⦿Factories And Machinery (Building Operations
And Work Of Engineering Construction)
(safety) Regulations 1970
⦿ Occupational Safety and Health Act 1994(OSHA)
⦿ Factories and Machinery Department 1967 (FMA)
⦿ Fire Services Act1988
⦿Uniform Building By-Law 1984
⦿ Petroleum Safety Measures Act 1984
⦿ Gas Supply Act 1993
⦿ Diesel and Gas Storage Requirement
⦿Electricity Supply Act 1990
⦿ Poison Act 1952
⦿ Pesticide Act 1974
⦿ Road TransportAct 1987
⦿ Atomic Energy LicensingAct
⦿Environmental Quality Act 1974