SERBA DINAMIK SDN BHD

OSHA 1994
BACKGROUND OF THE OHSA 1994 ACT

The Occupational safety and Health Act (OSHA) was enacted on

25th February 1994 by the Duli Yang Maha Mulia Seri Paduka Baginda Yang
Di Pertuan Agong with the advise and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of the same,
As follows;

Main purposes of OSHA 1994

➢ To secure the safety, health & welfare of person at work.
➢ To protect others against risk to safety and health in connection with
the activities of persons at work.
➢ To establish the National Council for Safety and Health.
 PHILOSOPHY AND PRINCIPLES

 Responsibility
to ensure safety and
health in workplace depends on those
who create the risks and those with
work with those risks.

 Self regulation
 Consultation
 Cooperation and employee involvement
CONTENTS OF OSHA 1994
15 parts
Introduction;
I. Preliminary;
II. Appointment of officers;
III. National Council for Safety and Health;
IV. General duties of Employer & Self-employed
V. General duties on design, manufacturer & supplier;
VI. General duty of employees;
VII. Safety and health organizations;
VIII. Notice of accidents, dangerous incidents, poisons and occupational disease and
investigation;
IX. Prohibition against use of plant/substance;
X. Industrial codes of practice;
XI. Enforcement and investigation;
XII. Liability for offences;
XIII. Appeal;
XIV. Regulations;
XV. Miscellaneous.
PART 1: Preliminary
[Section 1(2)&(3)] Brief topics & Usage

 Workers
 In all economic sectors;
 Except on ships and military personnel.

❖ Factory; ❖ Transportation, storage &

communication;
❖ Mining & quarry;
❖ Wholesalers & Retailers trades;
❖ Construction; ❖ Hotel & Restaurants;
❖ Agriculture, forestry & fishing; ❖ Financial, Insurance, land property &
business services;
❖ Utility; ❖ Public services & statutory bodies;
Electric, gas, water & sanitary
services;
 PART I: Preliminary

Section 2 Prevailing Laws (Undang-Undang yang mengatasi)

(1) Additional provisions for other written legislation relating to OSH;

(2) Provisional Act to counter provisions which are inconsistent.

Section 3 Interpretations (Tafsiran)

“Industry”-Public services, statutory bodies or any economic
activities in First Schedule;

“Plant”- any types of machinery, tools, equipment, all types of

components and parts to be installed and joined;

Etc: Refer OSHA 1994

 PART I: Preliminary

Section 4 Objects of the Act (Tujuan Akta)

 Ensure safety, health and welfare of workers;

 Protect safety and health of both workers and
others;
 To promote suitable working environment and
make it compatible with physical and mental
needs of workers;
 To establish a system of legislation based on
regulations and industrial practice.
PART II
APPOINTMENT OF OFFICERS
Sections..
5. Appointment of Officer by the Minister (Perlantikan Pegawai)
6. Appointment of independent inspectors by Director
(Perlantikan Badan Pemeriksaan Bebas)
7. Approval of authority (Perakuan Pemberikuasaan)
PART III
NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH
Sections..
8. Establish of the council (Penubuhan majlis)
9. Membership of the council (Keanggotaan Majlis)
10. Second Schedule to apply (Jadual Kedua adalah terpakai)
11. Power and Function of the council (Kuasa dan Fungsi Majlis)
12. Appointment of secretary to the council
(Perlantikan Setiausaha Kepada Majlis)
13. Committees (Jawatankuasa)
14. Annual report (Laporan Tahunan)
 PART IV
GENERAL DUTIES OF EMPLOYERS AND SELF-
EMPLOYED
Section 15
(1) Objectives: Ensure safety, health, and welfare
of all workers
(2) Include:-
 Handling of and waste materials and work
system
 Plan for use, handling, storing of materials
(3) - Include: Free lance contactors

HANDLING
• Consider:
❖ System for Regular Inspection and report disability to the person in-
charge;
❖ Repair;
Work safety system
- Safe premise;
- Effective in handling exposure;
- Lighting and ventilation;
- Selection, direction and training of employees;
- Competent supervision and law enforcement
- Additional protection for disabled workers.

 Availability of uniforms, equipment and appropriate tools;

 Operations carried out safely;
 Excessive weight;
 Close dangerous sections;
 Protect against pollution;
 Occupational Safety & Health Act 1994.
Section 15 (2) General duties of employer and self-employed person.
To ensure, as far as practicable, the safety, health and welfare at work;
a) maintenance of plant and system of work.
b) making of arrangement for ensuring, in connection with the use or operation, handling,
storage and transport of plant and substance.
c) provision of information, instruction, training and supervision.
d)maintenance of means of access to and egress from.
e) facilities or their welfare at work.

Akta 15 (2) Kewajipan AM Majikan

a) Ini adalah tanggungjawab majikan dan pekerja itu sendiri untuk memastikan dan mewujudkan
sistem kerja selamat di tempat kerja

b) Membuat perkiraan bagi menjamin keselamatan dalam pengunaan, pengendalian, penstoran

dan pengangkutan bahan.

c) Mengadakan maklumat, arahan, latihan dan penyelidikan berkaitan keselamatan dan kesihatan
pekerjaan.

d) Pengadaan dan penyenggaraan cara masuk dan keluar dari tempat kerja ( LOTO )

e) Pengadaan dan penyenggaraan persekitaran pekerjaan dan kemudahan bagi kebajikan

Other responsibilities
(Section 16) Duty to formulate safety and health policy
(Kewajipan Untuk membentuk dasar keselamatan dan
kesihatan)
 Plan written notice on safety and health
IMPORTANT OF SAFETY POLICY
• Long-term objectives;
• All management levels are committed;
• Delegating of responsibility in lower management levels;

Definition/maksud:-
It is a statement of intent made by and agreed by the
Management that they are committed to do what are being
stated in the policy.
[Suatu kenyataan yang telah dibuat dan dipersetujui oleh
pihak atasan dan berazam untuk menjayakan polisi tersebut]
SERBA DINAMIK SDN BHD
Occupational Health And Safety Policy

It is the policy of Serba Dinamik Sdn Bhd. To appropriately manage its total engineering
and maintenance services to include a commitment to prevention of injury, ill health and
continual improvement in OH&S management and OH&S performance by;

➢ Complying with OH&S legislation, applicable legal requirements and

appropriate codes of practice

➢ Complying with customer OH&S requirements

➢ Documenting, implementing and maintaining OH&S system and its policy

➢ Communicating its knowledge in OH&S including environmental to ensure full

participation from its employees and all relevant parties and

➢ Periodically reviewing, improving and updating OH&S policy and its obligations
 SERBA DINAMIK SDN BHD
Quality Policy
We are fully committed through active participation at
all levels to ensure service provided;

➢ Meet customers satisfaction

➢ Defect Free

➢ Conforms to Quality management system continuously strive to

improve
 SERBA DINAMIK SDN BHD
Environmental Policy
➢ SDSB fully support all related environmental regulations, legislation, laws &
codes of practice.

➢ SDSB is committed to environment excellence in all its activities wherever it

operates.

➢ SDSB is committed to continuous improvements in environmental performance

and the prevention of pollution.

➢ SDSB is committed to maintain that a primary part of its corporate

environmental strategy is sustainable waste management and as such
recognizes its responsibility to recycle materials wherever possible.

➢ SDSB shall encourage efficient use of energy, utilities and natural resources,
especially where these are non-renewable.

➢ SDSB requires all its workers to strictly adhere to this policy at all time.
Section 17 (1)
 Carry out activities without jeopardizing safety on non-workers

Section 17 (2)
 Inform others of the work activities

Section 18
 Responsibility of non-domestic residents

Penalty if contravenes and liable to be fine not exceeding RM 50,000 and jail not
Section
more than 19 : Penalty
2 year or both. for an offence under section 15, 16, 17 & 18.
PART V
GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS
(Kewajipan am pengilang, dsb, Berkenaan dengan loji bagi kegunaan semasa
bekerja
Section 20
As long as it is practical
 Adequate information;
 Plan the research to eliminate or reduce hazards;

Section 21
As long as it is practical
❑ Ensure materials can be designed safely and without posing risks to
health when used correctly;
❑ Plan or carry out tests and inspections;

Section 23: Penalty for an offence under Section 20 &21

Penalty if contravenes and liable to be fine not exceeding RM 20,000 and jail not
more than 2 year or both.
Section 24 (GENERAL DUTIES OF EMPLOYEES)
•It shall be the duty of every employee while at work
to:-
(a) To take reasonable care for himself and others
(b) To co-operate with his employer [requirement, Act….]
(c) To wear and use PPE at all time[when working]
(d) To comply with any instruction [procedure, Act, Reg…..]

Akta 24 – Kewajipan AM Pekerja

(a) Memberi perhatian yang munasabah ke atas keselamatan dan kesihatan diri sendiri dan
orang lain

(b) Bekerjasama dengan majikan atau orang lain

(c) Memakai dan mengunakan kelengkapan pelindungan diri

(d) Mematuhi arahan atau langkah keselamatan dan kesihatan pekerja

Penalty if contravenes and liable to be fine RM 1000 and jail not more than 3 month
or both.
  Section 25 (Duty not to interface with misuse things provided pursuant
to certain provisions)(Kewajipan untuk tidak menganggu atau
menyalahgunakan benda yang diadakan menurut peruntukan tertentu)
The person :
• Cannot disturb or abuse items used for the purpose of safety, health and
welfare
Penalty if contravenes and liable to be fine not exceeding RM 20,000 and jail not
more than 2 year or both.

Section 26 (Duty not to charge employees for things done or provided

• employers cannot …. Charge the workers

(Section 27) (Discrimination against employee)

• No employer shall dismiss an employee, injure him in his employement,
or alter his position to his detriment by reason only that.
Penalty if contravenes and liable to be fine not exceeding RM 10,000 and jail not
more than 1 year or both.

SHO; (Section 29)

Establishment of Safety and Health Committee;(Section 30)

(Section 28) Medical Surveillance
 Minister can make rules on:
 Cases of diseases;
 Processes and materials used;
 Persons below 16 years old;
 Work involved specific health risks;
 Detailed regulations for medical examination, excluding medical
treatment;
 Registration
Penalty of Medical
if contravenes Officers;
and liable to be fine not exceeding RM 5,000 and jail not
more than 6 month or both.

Section 29 (SHO) – Safety and Health Officer

•The industry involved will be gazette (warta – kerajaan)

• Specific responsibility to ensure compliance on the Act and promote safe

work practice;

• Qualification and training needs will be gazette (warta)

(Section 30) Establishment of Safety and health committee at place
of work
(Penubuhan Jawatankuasa keselamatan & Kesihatan di tempat
kerja)
 (1) Need to be formed if
 At least 40 workers;
 Instructed by Director General
 (2) Membership, selection and appointment as stated;
 (3) Discussion with employers;

(Section 31) Function of safety and health committee

 Analyze steps already taken;
 Investigate unsafe practices and bring forward to the attention of
the employers;
 Other functions that have been stated.

Penalty if contravenes and liable to be fine not exceeding RM 5,000 and jail not
more than 6 month or both.
 PART VIII
NOTICE OF ACCIDENTS, DANGEROUS INCIDENTS POISONS, OCCUPATIONAL DISEASES AND
INVESTIGATIONS

(Pemberitahuan Mengenai kemalangan, Kejadian berbahaya, Keracunan Pekerjaan

dan
Penyakit pekerjaan dan siasatan)
(Section 32)
• Employer inform the nearest office of occupational safety and health;
• Registered Medical Practitioner to report to Director General.

(Section 33) Director General May Direct inquiry to be held

(Section 34) Power of occupational safety and health officer at inquiry-

(Siasatan)

PART IX
PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

(Section 35)
• Power of Head of SHC;
• Getting advice from Government departments or other relevant bodies;
 PART X
INDUSTRY CODE OF PRACTICE (Tataamalan Industri)
(Section 37)
 Approved by Minister;
 Can be amended (Mengubah)
 Contain codes, standard, regulations or safety and health
specifications and requirements;
(section 38)
 Can be used in proceedings

PART XI
ENFORCEMENT AND INVESTIGATION

(Section 39)
• Any Safety and Health Officer have power to enter, inspect, investigate, take
samples & etc, for the purpose of carrying out the object of this Act.
- Prohibition Notice and Repairs – (Section 48)
 PART XII
LIABILITY FOR OFFENCES
(Section 51) General Penalties
 Maximum RM10,000 or One year imprisonment;
 Repeat offences – maximum RM1,000 per day
 Who can be discharged?
 Corporate bodies and Company Director, Manager, Secretary or
others (Section 52)
 Union (Kesatuan Pekerja)(Section 53)
 Agent (Section 54)

(Section 55)
• Defense during the proceeding
– No knowledge on the crime;
– Committed without permission;
– Carry out the necessary steps to prevent the
crime;
 PART XIII
APPEAL (Rayuan)
(Section 63)
• Appeal Committee appointed by the Minister;
• Chairman of the Council;
• Two others;
• Appeal on section 36 or 50 (Aggrieved person may appeal)

PART XIV
REGULATIONS

(Section 66)
• Minister given the power to establish rules/regulations;
• To control or prohibit
 PART XV
MISCELLANEOUS
(Section 67) Duty to keep Secret
• Confidentiality
• Penalty maximum RM20,000 or 2 years imprisonment or both;

CONCLUSION
• Requirements of OSHA 1994;

• OSHA Philosophy;

• Contents of OSHA;
– 15 Sections;