OCCUPATIONAL SAFETY AND

HEALTH (OSH)
LEGISLATION
 Learning Outcomes

• Appreciate the importance of occupational safety and

health (OSH) by exhaustively identify document that
govern OSH internationally and locally.

• Simplify or explain in details by referring to the related

documents at hand.

• Understand the need of a proper OSH management

system in workplace.
 Scope
• Department of Occupational Safety and Health (DOSH)
• Laws enforced by DOSH
• Factory and Machinery Act 1967
• OSH Act 1994
• Perspective of OSH in Malaysia
• OSH related laws and regulations
• OSH Management Systems (OSHMS)
• Q&A
• Summary
Organization Chart DOSH Malaysia
 Laws Enforced By DOSH

• FACTORIES & MACHINERY ACT 1967

(FMA 1967)
• OCCUPATIONAL SAFETY AND HEALTH ACT 1994
(OSHA 1994)
• PETROLEUM (SAFETY MEASURES) ACT 1984
Factories And Machinery
Act 1967 (FMA)
 FACTORIES AND
MACHINERY ACT 1967

BACKGROUND

 Act 64 in the year 1967

 Became Act 139 on 1st April 1970

8
 FACTORIES AND
MACHINERY ACT 1967

 Control of the factory with the aim to

protect the safety, health and welfare of the
people inside

 Registration and inspection of machinery

and related items

9
 CONTENTS
SIX (6) PARTS OF FMA 1967
Introduction
Safety, Health and Welfare

Persons in Charge and Certificates of Competency

Notification of Accidents, Dangerous Occurrences

and Dangerous Diseases
Notice of Occupation of Factory, and Registration
and Use of Machinery
General
10
 CONTENTS

THE THREE (3) SCHEDULES

 FIRST SCHEDULE:
Dangerous Occurrence
 SECOND SCHEDULE:
Serious Bodily Injury
 THIRD SCHEDULE:
Notifiable Industrial Diseases

11
 PART I: PRELIMINARY

 Short title

 Interpretation of factory

 Interpretation – general

 Appointment of officers
12
 PART I: PRELIMINARY
 Supervision of officers

 Officers are public servants

 Powers of an inspector

 Obstruction an offence

 Persons not to reveal secrets 13

 PART II:
SAFETY, HEALTH & WELFARE
 Provisions relating to safety etc

 Persons exposure to explosives, flammables

and other substances

 Lifting of weights

 Provisions against fire

14
 PART II:
SAFETY, HEALTH & WELFARE
 Construction of machinery

 Dangerous parts of machinery

 Projection material

 Machinery for hire or sale must comply with

regulations
15
 PART II:
SAFETY, HEALTH & WELFARE

 Machinery manufactured or repaired must

comply with regulations

 Certificate of fitness

 Duties of persons employed

16
 PART II:
SAFETY, HEALTH & WELFARE
 Duties of occupier

 Provisions relating to health

 Exposure to elements

 Personal protective clothing and appliances

 Provisions relating to welfare 17

 PART III: PERSONS IN CHARGE
AND CERTIFICATES OF
COMPETENCY

 Training and supervision of inexperienced

workers

 Chief inspector may make orders in

circumstances

18
PART III: PERSONS IN CHARGE
AND CERTIFICATES OF
COMPETENCY

 Young persons

 Certain machinery may not be operated

without competent staff

 Panel of Examiners and Board of Appeal

19
 PART IV: NOTIFICATION OF
ACCIDENT, DANGEROUS
OCCURRENCE AND DANGEROUS
DISEASES

 Accidents and dangerous occurrences to be

reported

 Notification of industrial diseases

 Investigation and enquiries

20
 PART V: NOTICE OF OCCUPATION OF
FACTORY, AND REGISTRATION AND
USE OF MACHINERY

 Operation of factory

 Building operations or works of engineering

construction

 Installation of machinery etc

 Application for registration

21
 PART V: NOTICE OF OCCUPATION
OF FACTORY, AND
REGISTRATION AND USE OF
MACHINERY
 Register

 Moving or alteration of or addition to machinery

to be approved

 Periodical inspections

 Questions for decision by an Inspector and

appeals from such decision
22
 PART V: NOTICE OF OCCUPATION
OF FACTORY, AND
REGISTRATION AND USE OF
MACHINERY
 Report of changes etc

 Machinery of factory no longer in use

 Notice of sale, hire or transfer

 Copy of report of enquiry may be supplied

 Powers of the Chief Inspector and Senior

Inspectors at enquiries
23
 PART VI: GENERAL

 Criminal and civil liability not affected

 Fees

 Chief Inspector’s powers

 Offences
24
 PART VI: GENERAL

 Penalties

 Power to compound

 Power to modify agreements

 Power to apportion expenses

 Exemptions 25
 PART VI: GENERAL

 Regulations

 Medical supervision

 Repeal

 Amendment of schedule
26
Occupational Safety and Health
Act 1994
 Hierachy of Legislation

Act Regulations Orders ICOP Guidelines

11
FMA 1967 2 ORDERS
REGULATIONS

7 code of
practices 54 guidelines

9
OSHA 1994 2 ORDERS
REGULATIONS
Perpective of OSH in Malaysia
OCCUPATIONAL ACCIDENTS BY SECTOR
(UNTIL AUGUST 2015)
SAFETY AND HEALTH RELATED LAWS
AND REGULATIONS
OSH RELATED LAWS AND REGULATIONS
Factories & Machinery Act,
Dept. of Occupational Safety & Health (DOSH) 1967 Occupational Safety &
Health Act 1994

Occupational Safety &

Health Act 1994
Labor Department
Employment Act, 1955

* Workers’
Compensation Act, 1952

MINISTRY OF * Workers’ Minimum

Standard of Housing &
HUMAN National Institute of Amenities Act, 1990
Occupational Safety &
RESOURCES Health (NIOSH)
* Children & Young
Persons (Employment)
Act, 1966

National Council for Occupational Safety & Health

Employees’ Social
Social Security Organization (SOCSO)
Security Act, 1969
OSH RELATED LAWS AND REGULATIONS
Prevention & Control of
Dept.of Public Infectious
Health

Diseases Act, 1988

* Food Act, 1983

MINISTRY OF
HEALTH
* Hydrogen Cyanide (Fumigation)
Act, 1953

* Poison Act, 1952

Pharmaceutical (Revised 1989)
Services Division

Dangerous Drugs Act,

1952 (Revised 1980)
OSH Management System
(OSHMS)
 What Is A System?
 An orderly set of components that work together for a
certain purpose
 E.g. the blood circulatory system
 Components:
Heart and blood vessels (artery, veins, capillaries)
 Purpose:
To transport blood which contains oxygen and
nutrients to all parts of the body
To carry wastes away to be filtered out of the body

36
What Is An OSH Management System?

 An OSH management system

 Components:
Arrangements (plans, implementation), etc.
 Purpose:
To ensure safety, health and welfare of workers
To comply with regulation

37
 Why Do You Need A System
 A system is useful when there are:
 Many activities have to be managed together
 Complex information that are changing have to
be taken into account at all times

38
 Why Do You Need A System

 A system organises and simplifies complexity

 A system provides order, structure, and focuses on the

purpose and objective of activities

39
 Typical OSH-MS “Components”
1. Policy
2. Plan - System planning, OSH objectives,
development and implementation
3. Do - Responsibility and accountability;
Competence and training, Hazard control
system
4. Check - Performance measurement; Accident /
incident investigation; Auditing
5. Act - Preventive and corrective action, Continual
improvement
40
 An OHS-MS System Model
OHS-MS such as MS1722 & OHSAS 18001 are
based on the Quality Management System
components of Plan, Do, Check and Act (PDCA)
INPUTS PLAN DO POLICY OBJECTIVES

VISION Identify Hazards Enforce Procedure Safe & healthy

HAZARDS Make Arrangements Supervise Workers
LEGISLATION Assign Responsibility Respond Emergency Productivity
THIRD PARTY INPUTS Arrange resources Train Organisation Image
Communicate
ETC

CHECK
ACT
Monitor
Corrective Action Surveillance
Review Inspect
Improve Investigate
Audit
Record & Analyse
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 Existing OSH Management System

 There are two occupational safety and health

management system standards:
 OHSAS 18001:2007Occupational Health & Safety
Management System standard
This standard was established in 2007
Widely used and certifiable
 MS1722:2011 management system standard
This standard was published in 2011

42
 OHSAS 18001:2007 Occupational
Health & Safety Management System
Model

Continual
improvement
OH&S
Management policy
review

Checking and Planning

corrective action
Implementation
and operation 43
MS1722:2011 Management
System Model

44
Q&A
 Summary

• Importance of occupational safety and health (OSH) by

exhaustively identify document that govern OSH
internationally and locally.

• Explain in details by referring to the related documents

at hand (OSH Act 1994 & FMA 1967)

• The need of a proper OSH management system in

workplace.
Thank You