NIOSH SHO 07-SHC Regulations 1996

Occupational Safety
and Health
(Safety And Health
Committee)
Regulations 1996
Safety and Health Officer
Certificate Course
1
LEARNING OBJECTIVES
1. To state the objectives of the

Occupational Safety and Health (Safety
and Health Committee) Regulations 1996
2. To state the necessity of having the

Regulations
2 © 2014 NIOSH Malaysia. All rights reserved. No part of this document shall be
reproduced without written consent of NIOSH Malaysia.
LEARNING OBJECTIVES
3. To list the 6 Parts of the Regulations
4. To elaborate on Parts 2, 3 and 4 of

the Regulations
SCOPE
• Objectives of the Regulations

• Contents
• Six (6) Parts of the Regulations
• Conclusion
• Group activity
OBJECTIVES OF THE COMMITTEE
• To introduce the concept of consultation

and cooperation between the Employer
and Employees
• To ensure two-way communication
• To increase the interest and motivation of

employees to participate in safety and
health related activities
IMPORTANCE OF THE COMMITTEE
Among the importance of having a
safety and health committee are:
• Involves the individual in the various levels
and processes of accident and disease
prevention
• To make analysis of industrial experiences
and formulate policies
• To ensure presence at the workplace
• To generate awareness on occupational
safety and health
SAFETY AND HEALTH COMMITTEE
OSHA 1994 – Section 30
(1) Establishment is required when:
– There are 40 workers or more
– Directed by the Director General
(2) Membership, selection and appointment

as prescribed
(3) Consultation between with the employer
and employees
FUNCTIONS OF THE COMMITTEE
OSHA 1994 – Section 31

• Review all safety and health measures
that have been taken and implemented
• Investigate issues related to

occupational safety and health and
bring to attention of the employer
• Other functions may be determined

CONTENTS
• Part I - Preliminary
• Part II - Composition of Safety and Health
Committee
• Part III - Functions of Safety and Health
Committee
• Part IV - Meetings of Safety and Health
Committee
• Part V - Provisions of Training and
Information
• Part VI - Penalty
PART I: PRELIMINARY
Interpretation (Regulation 2)
• Member – member of the committee
• Safety audits – safety and health audit on
the plant and work system to ensure safety
and health of workers
• Safety and health auditors – persons,
appointed by the employer to conduct
safety audits
PART I: PRELIMINARY
• Near-miss accident – any accident at the
place of work which has the potential of
causing injury to any person or damage
to any property
• Authorised manager – a person
authorised by an employer to deal with
any matter relating to the safety and
health of persons employed at the
workplace
PART I: PRELIMINARY
Application (Regulation 3)
• Any committee established under Section

30 of the Act
• Any committee formed at the workplace
before the commencement of the
Regulations shall reorganise itself in
accordance with it
PART I: PRELIMINARY
Employer Responsibility (Regulation 4)
• Comply to Parts II Composition of Safety
and Health Committee and III Functions of
Safety and Health Committee of of the
Regulations
• Ensure compliance of Part IV Meeting of
Safety and Health Committee and V
Provision of Training and Information of the
Regulations
PART II:
COMPOSITION OF COMMITTEE
Membership (Regulation 5)
• Chairman
• Secretary
– Safety and Health Officer or other
appointed person
• Employer representatives
• employees representatives
Note: <100 employees minimum 2 rep
if >100 employees 4 reps
PART II:
Appointment of Chairman and

Secretary (Regulation 6)
• Chairman
– Employer or authorised Manager
• Secretary
– SHO; or
– Appointed by the Chairman via voting if there
is no SHO
PART II:
Appointment of Other Members
(Regulation 7)
• Employer and worker representatives
– Nomination and vote – if nominees exceed
required number, or
– Appointment by the employer – if no rep.
• A member cannot be penalised if absent
from normal tasks due to committed
commitments (Regulation 7(3))
PART II:
Adequate Employee Representation

(Regulation 8)
• Representative of various divisions/work
groups
Vacancy (Regulation 9)
• Is filled in by a person appointed in the same
manner as the previous member
PART II:
Removal of Member (Regulation 10)
• Fails to attend 3 consecutive meetings without
leave from Chairman
• Found/declared of unsound mind
• Becomes bankrupt
• No longer employed at place of work
• Has been proved or convicted of fraud,
offence related to safety and health, or any
other criminal offence
• Unable to discharge duties
PART III:
FUNCTIONS OF COMMITTEE
Committee Functions (Regulation 11)
• Assist in development of safety and health rules and
safe systems of work
• Review the effectiveness of safety and health
programmes
• Carry out studies on trend of accident, near-miss
accident, dangerous, occurrence, occupational
poisoning or diseases
• Report unsafe conditions and practices, and make
recommendations for improvement
• Review and recommend improvements of the safety
and health policy
PART III:
Workplace Inspections (Regulation 12)
• At least once every three (3) months

• Discuss and record observations in the
report
• Make recommendations to employer
• Record results in report
PART III:
Accident Investigation
(Regulation 13)
• Investigation should be
conducted as soon as it is safe
to do so
• Chairman will call a meeting
• Discuss causes and make
recommendations
PART III:
Action on Report and Recommendations
(Regulation 14)
• Employer/Authorised Manager to discuss
report
• Safety and Health Officer/Chairman
– record decisions, and
– instruct action to be taken
• Employer to keep copy of report for a
minimum of 7 years
PART III:
Matters to be considered by Committee
(Regulation 15)
• Other reports by the SHO
• Safety audit reports submitted by the safety
and health auditors
• Reports and factual information by the SHO,
and
• Reports by other government agencies
pertaining safety and health
PART III:
Investigation of Complaints (Regulation 16)
Employers are required to:
• Provide and maintain effective system of
communication
• Entertain complaints and take prompt action
• Refer complaints to the Committee, or
– Workers may make complaints direct to the
committee
The committee will investigate, prepare a
report and make suggestions to the employer
PART III:
FUNCTIONS OF COMMITTEE)
Resolution of Complaint (Regulation 17)

• The employer shall, as soon as practicable,
implement the suggestions made
• The Committee:
– Must be told the reason why a suggestion cannot
be implemented;
– May request the Director General for an
inspection if they disagree with the reason
PART III:
Resolution of Complaint (Regulation 17)

• Must present to the Director General:
 Report of inspection/investigation
 Suggestions made by the Committee to the
employer
 Other relevant documents and information
(2 copies of each)
PART III:
Assistance of Committee (Regulation 18)

The Committees is to assist the employer in:
• any contests/competitions
• talks
• other activities
related to the promotion of occupational safety
and health
PART III:
Rules on Safety and Health (Regulation 19)
• Employer shall consult with Committee on the
preparation, introduction and promotion of
safety and health rules
• The rules may be amended, varied or rescinded
by the committee, with approval of employer
• Copies of the rules shall be given to each
worker
• A copy of the rules shall be given to the
Occupational Safety and Health Officer upon
request
PART III:
Sub-committee (Regulation 20)
• A sub-committee may be established to

assist the Committee in the performance of
its functions
PART IV:
COMMITTEE MEETINGS
Frequency of Meetings (Regulation 21)
– As often as may be necessary to
commensurate the risks existent at the
workplace
– Not less that once in three months
– Members are given written notices and
copy of agenda
– Meeting shall immediately be called in the
event of an accident, near –miss and
dangerous occurence
PART IV:
COMMITTEE MEETINGS
Duty to Provide Facilities (Regulation 22)

The employer shall:
– Provide a suitable place for the committee to
hold its meetings
– Allow every member of the committee to
attend such meetings during working hours
PART IV:
COMMITTEE MEETINGS
Inaugural Meeting (Regulation 23)
– Shall be convened by the employer/
authorised manager at the place of
work
– Shall make clear the policy, plans and
suggestions
Quorum (Regulation 24)
– Quorum will be the Chairman,
Secretary and not less than half of the
remaining members
PART IV:
COMMITTEE MEETINGS
Attendance of Non-members
(Regulation 25)
– Those involved in the accident under
discussion
– Other relevant persons
Matters discussed (Regulation 26)
– Related to safety and health at the
workplace
PART IV:
COMMITTEE MEETINGS
Minutes of Meeting (Regulation 27)

– Distributed to each member within two
(2) weeks after the meeting
– Copy of minutes are kept for a minimum
of seven (7) years
– Given to the Occupational Safety and
Health Officer when requested
PART V:
TRAINING & INFORMATION
Employer responsibility to:

• Ensure all members understand and have
adequate knowledge of the Committee’s
role and functions (Regulation 28)
• Take the necessary steps, as reasonably

practicable, to provide members with
adequate training in OSH to enable them
to perform functions (Regulation 29)
PART V:
Employer responsibility to:

• Provide relevant documents and information
(Regulation 30)
– Act and all relevant legislations
– Industrial codes of practices and guidelines
– Information on safety & health plan and implementation
– Technical information on hazards and preventive
measures
– Information on handling procedures, work systems etc
– Other information as directed by Director General
PART V:
Information not to be Supplied

(Regulation 31)
• Disclosure that is prejudicial to national security
• if disclosed, contravenes with a prohibition under any
written law
• Relating to a specific individual, unless with consent
• That would effect the business, or
• For the purpose of legal proceedings
PART VI: PENALTY
Regulation 32
A person who contravenes any of the
provisions in the Regulations shall, on
conviction, be liable to:
– Fine of RM 5,000 or
– Six (6) months imprisonment or
– BOTH
CONCLUSION
• The regulation prescribe:

– Composition of Safety and Health Committee
– Functions of Safety and Health Committee
– Meetings of Safety and Health Committee
– Provisions of Training and Information

NIOSH SHO 07-SHC Regulations 1996

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Occupational Safety

1. To state the objectives of the

2. To state the necessity of having the

3. To list the 6 Parts of the Regulations

4. To elaborate on Parts 2, 3 and 4 of

• Objectives of the Regulations

• To introduce the concept of consultation

• To ensure two-way communication

• To increase the interest and motivation of

(2) Membership, selection and appointment

OSHA 1994 – Section 31

• Investigate issues related to

• Other functions may be determined

• Any committee established under Section

Appointment of Chairman and

Adequate Employee Representation

Workplace Inspections (Regulation 12)

• At least once every three (3) months

Resolution of Complaint (Regulation 17)

Resolution of Complaint (Regulation 17)

Assistance of Committee (Regulation 18)

Sub-committee (Regulation 20)

• A sub-committee may be established to

Duty to Provide Facilities (Regulation 22)

Minutes of Meeting (Regulation 27)

Employer responsibility to:

• Take the necessary steps, as reasonably

Employer responsibility to:

Information not to be Supplied

• The regulation prescribe:

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