1.

0 HEALTH SAFETY AND

ENVIROMENT MANAGEMENT
(Pengurusan Kesihatan, Keselamatan
dan Persekitaran)
Mohd Fairuz Bin Marian
OSH BBP20202

CHAPTER OUTLINEENVIRONMENT
MANAGEMENT
1.1 Introduction to OSH
1.2 OSHA 1994 (Act 514)
1.3 FMA 1967
1.4 EQA 1974
1.5 Occupational Safety and Health Management System
1.6 Safety, Health & Environment Culture

INJURIES AND ILLNESS

Fatality
Paralyzed
Premature birth
Physical disability blind, deaf, lost of senses.
Cancer disease, kidney damage, heart failure etc.

SOCSO DATA

Year 1995
Industry Accidents
Occupational Fatality

114,134
952

Tahun 2002
Industry Accidents
Occupational Fatality
Road Accidents

81,810
858
15 (daily)

SAFETY ?
Why its important?
Ourselves
People around us
Terms
Safety is not security
We need security for safety purposes from danger
Muslim responsibility.
Fear vs Brave Concept

LEGISLATION HISTORY OF NATIONAL SECURITY

1890: The Perak Order In Council (1908)
Enacted in Perak in the tin mining industry and expanded usage in the
Federated Malay States in 1908.
1953: The Machinery Ordinance (1953)
Ensure labor safety and health protection.
1967: Factories and Machinery Act (1967)
Enforced by the Department of Factories and Machinery under Ministry of Labour.
Scope: Covers manufacturing industry only.
1984: Petroleum Act (1984)
1994: Occupational Safety and Health Act (OSHA) Act (514) 1994
Scope: Covers almost all industries except ship employees & military.

WORKFIELD DISTRIBUTION IN MALAYSIA

Source: SOCSO

ACCIDENT RATE (per 1000 workers)

Sumber : SOCSO

FATALITY AND PERMENANT DISABILITY

ACCIDENTS CAUSED BY WORKFIELD
1988

HUK-Hilang Upaya Keka1

1989

Sumber: SOCSO

1.1 INTRODUCTION TO OSH

DEFINITION
Occupational Health is the promotion and maintenance of
the highest degree of physical, mental and social wellbeing of workers in all occupations by preventing
departures from health, controlling risks and the adaptation
of work to people, and people to their jobs.
(ILO / WHO 1950)

GOVERNMENT AGENCIES INVOLVED IN THE

ISSUE OF SAFETY & HEALTH
1. Department of Occupational Safety and Health (DOSH)
Function:
Enforce OSHA Act 1994, FMA 1967, & Petroleum Act (Safety Measures) 1984
Objectives:
a) To prepare and preserve a workplace with a safe and healthy working system
b) To ensure that all staff are provided with the relevant information, instruction,
training and supervision regarding methods to carry out their duties in a safe
manner and without causing any risk to health
c) To investigate all accidents, diseases, poisonous and/or dangerous occurrences,
and to have action taken to ensure that these occurrences will not be repeated
d) To enforceFMA1967 and OSHA1994
e) To implement promotion work
f ) To review existing laws and regulations
g) To provide service of advises and expertise
h) To be sectarians to the National Council for OSH

GOVERNMENT AGENCIES INVOLVED IN THE

ISSUE OF SAFETY & HEALTH (cont)
GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH
2.

National Institute of Occupational Safety & Health (NIOSH)

Established in 1992 to enhance OSH in Malaysia, mainly through:
a)
Training and curriculum development
b)
Consultation
c)
Research and Development
d)
Information dissmination

GOVERNMENT AGENCIES INVOLVED IN THE

ISSUE OF SAFETY & HEALTH (cont)
GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY & HEALTH
3.

Constrution Industry Development Board Malaysia (CIDB)

Objectives:
To implement the government policies that related to the development of the
construction industry.
Initiative:
Site Assessment Program
The Green Book Program

GOVERNMENT AGENCIES INVOLVED IN THE

ISSUE OF SAFETY & HEALTH (cont)
GOVERNMENT AGENCIES INVOLVED IN THE ISSUE OF SAFETY &
HEALTH
4.

Sosial & Security Organisation (SOCSO)

The main purpose is to administer social security schemes and provides
protection to workers against some unexpected circumstances such as
employment injury, including accidental death while traveling.
Initiative:
a) Workforce training on the prevention of accidents.
b) Updating change health and safety standards
c) Regularly inspect the facilities office to identify and correct weaknesses.
d) Review plans for a new plant or expected, office equipment guarantee
facility design and construction as well as operation

1.2 OSHA 1994 (Act 514)

CONTENTS:
1.

15 parts
a) 67 sections
b) 3 Schedules
Part I III : Provide infrastructure for appointment of officers & national
council
Part IV VI : Essence of the Act

2.

Regulations and Orders

a) 7 regulations
b) 2 orders

1.2 OSHA 1994 (Act 514)(cont)

MAIN PROVISION:
PART I : PRELIMINARY
PART II : APPOINTMENT OF OFFICERS
PART III
: NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH
PART IV
: GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED
PERSONS
PART V
: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS
& SUPPLIERS
PART VI
: GENERAL DUTIES OF EMPLOYEES
PART VII
: SAFETY AND HEALTH ORGANIZATIONS
PART VIII
: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE,
OCCUPATIONAL POISONING & OCCUPATIONAL DISEASES & ENQUIRY
PART IX
: PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
PART X : INDUSTRY CODES OF PRACTICE
PART XI
: ENFORCEMENT & INVESTIGATION
PART XII
: LIABILITY FOR OFFENCES
PART XIII
: APPEALS
PART XIV : REGULATIONS
PART XV
: MISCELLANEOUS

1.2 OSHA 1994 (Act 514)(cont)

PART I : PRELIMINARY
Scopes of Applications:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Manufacturing - foods & beverage, tobacco, textile, clothing etc.

Mining & Quarrying - coal & metal mining
Construction
Agriculture, Forestry, Fishing
Utilities - electricity, gas, water, sanitary
Transport, storage & communications - trucking, buses, warehouse
Wholesale & Retail trades - automotives, household
Hotel & restaurants
Finance, Insurance, Real-estate & Business services - Insurance agencies,
banks etc.
10. Public services & Statutory bodies - Government bodies, Universities

Exemptions :
1.

2.

Work on board ships governed by: - Merchant Shipping Ordinance 1952 (Ord. 70/52)
- Merchant Shipping Ordinance 1960 of Sabah or Sarawak
(Sabah Ord. 11/60 & Swak Ord. 2/60)
The armed forces defined in:
- Armed Forces Act 1972

1.2 OSHA 1994 (Act 514)(cont)

Part I

: PRELIMINARY

Objectives:
1. To secure the safety, health and welfare of persons at work
against risks to safety or health arising out of the activities of persons
at work.
2. To protect persons at a place of work other than persons at work
against risks to safety or health arising out of the activities of persons
at work.
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.

1.2 OSHA 1994 (Act 514)(cont)

Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED
PERSONS
Section 15: General duties of employer to employee
1)

It shall be the duty of every employer and self-employed person to

ensure, as far as practicable, the safety, health and welfare at work of all
his employees.

2)

Without prejudice to the generality of sub-section (1), the matters which

the duty extends include in particular (so far as is practicable):
a)
b)
c)
d)
e)

To provide & maintain the plant and systems of work.

Make arrangements to ensure safety related with the use or
operation, handling, storage and transport of plant & substances.
To provide information, instruction, training & supervision.
To make sure the conditions of workplace is safe and healthy inclusive
of well-maintained & safe entrance / exit.
To provide & maintain a conducive working environment.

1.2 OSHA 1994 (Act 514)(cont)

Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED
PERSONS
Section 16: Duty to formulate safety and health policy
Except in such cases as may be prescribed, it shall 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.

1.2 OSHA 1994 (Act 514)(cont)

Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED
PERSONS
Section 17: General duties of employer to persons other than their
employee
1)
2)

To ensure person other than his employees who might be affected is not
exposed to any health & safety risk.
To provide information as to how work activities carried out might affect
the safety of these persons.

) Persons other than employee contractors, family members, customers,

sales person etc.
) Trespassers are not covered under this act given adequate precautions have
been taken by the company to avoid possibilities trespassing.

1.2 OSHA 1994 (Act 514)(cont)

Part IV GENERAL DUTIES OF EMPLOYERS & SELF-EMPLOYED PERSONS
Section 18: Duties of an occupier of a place of work to persons other than his
employees
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 there from available for
use by persons using the premises, and any plant or substance.

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 there from; 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.

1.2 OSHA 1994 (Act 514)(cont)

Part V GENERAL DUTIES OF DESIGNERS, MANUFACTURERS & SUPPLIERS
Section 20: General duties of manufacturers, etc as regards plant for
use at work
Section 21: General duties of manufacturers, etc as regards
substances for use at work
a)

Ensure the plant/substance is designed, constructed, formulated to be

safe & without risk to health when properly used.
b)
To test & examine the plant/substance
c)
To issue instructions to employer on how to operate/handle the
plant/substance.
d)
Designer and manufacturers must carry out research to discover &
eliminate or minimize risk of their plant/substance.
e)
For plant used at work only:
Persons who install any plant must ensure it is safe & does not harm
the user
when properly used/operated.

1.2 OSHA 1994 (Act 514)(cont)

Part VI General Duties of Employees
Section 24: General duties of employees at work
It shall be the duty of every employee while at work:
a)
b)
c)
d)

Take reasonable care for the health and safety of himself and other persons who may
be affected by his acts at work.
Cooperate with employer & others to fulfill requirements under this Act.
Wear provided PPE.
Follow & comply with instructions related to OSH.

Section 25: Duty not to interfere with or misuse things provided pursuant
to certain
provisions
A person is not to intentionally interfere or misuse anything that has been
provided in
the interest of health, safety & welfare of employees & other persons at work.

1.2 OSHA 1994 (Act 514)(cont)

Part VI General Duties of Employees
Section 26: Duty not to charge employee for things done
or provided
Employer must not charge his employees for providing personal
protective equipment (PPE) or other requirements of the law.
Section 27: Discrimination against employee etc
1)

No employer shall dismiss an employee, injure him in his

employment or demoted if employee: &
2) No trade union shall take any action on its member who:
a) Makes a complaint about safety and health matters at the
workplace
b) Exercise his functions as a member of safety & health
committee in the workplace

1.2 OSHA 1994 (Act 514)(cont)

PENALTIES
Maximum Penalties
Offence

RM and/or

Imprisonment

Duty of employer / self-employed to employees &

non-employees

100,000

2 years

Duty of occupier to non-employees

100,000

2 years

Duty of designers / manufacturers

20,000

2 years

1,000

3 months

20,000

2 years

10,000 +
Damages +
Reinstatement
order

1 year

Duty of employee
Duty not to interfere / misuse things provided
pursuant to certain provisions

Discrimination against employee by employer /

trade union

1.2 OSHA 1994 (Act 514)(cont)

SUMMARY OF PART IV:
GENERAL DUTIES OF AN EMPLOYER/SELF EMPLOYED

Provide and maintain systems of work including machineries, equipment,

tools, and storage and transportation facilities that are safe and without health
risk.
Provide information, instruction, training and supervision to ensure that
all activities, including the operation of machineries and handling of toxic
substances, are carried out safely and without health risk. Section 15
Provide a safe workplace for both employees and visitors, with adequate
means of access and exit and welfare facilities.
For employers with more than five employees, formulate a written policy on
OSH matters and inform all employees regarding the policy. Section 16
Penalty for failure to comply: RM 100,000 or two years imprisonment or
both.- Section 19

1.2 OSHA 1994 (Act 514)(cont)

SUMMARY OF PART V:
GENERAL DUTIES OF A DESIGNER /MANUFACTURER /SUPPLIER

To ensure that machineries or substances supplied are safe and without

health risks when properly used.
To arrange for necessary testing of machineries or substances supplied.
To provide sufficient information and training to ensure the safe use of
machineries or substances supplied.
To carry out necessary research to minimize any risk to safety or health
that may arise from machineries and substances supplied.- Section 20
To ensure the safe installation of machineries supplied.
Penalty for failure to comply: RM 20,000 or two years imprisonment or both.

1.2 OSHA 1994 (Act 514)(cont)

SUMMARY OF PART VI:
GENERAL DUTIES OF AN EMPLOYEE

To take care to ensure the safety of himself and other persons.

To provide full cooperation to the employer and other persons in complying
with the requirements of OSHA 1994.
To wear or use, at all times, any protective equipment or clothing provided
by the employer.-Section 24
Not to intentionally, recklessly or negligently interfere with or misuse any item
provided or activity carried out in the interest of OSH in pursuance of the
OSHA 1994.-Section 25
Penalty for failure to comply: RM 1,000 or three months imprisonment or
both.

1.3 FMA 1967

OBJECTIVES:
1. Control of factories with respect to matters relating to safety,
health and welfare of persons.
2. Registration & inspection of machinery.

MAIN PROVISIONS:
PART I : Preliminary
PART II : Safety, Health & Welfare
PART III
: Persons in Charge & Certificates of Competency
PART IV
: Notification of Accident, Dangerous Occurrence
& Dangerous Diseases
PART V : Notice of Occupation of Factory & Registration & Use
of Machinery
PART VI
: General

1.3 FMA 1967(cont)

REGULATIONS:
1. Certificates of competency examination 1970
2. Electric passenger and goods lift - 1970
3. Fencing of machinery & safety - 1970
4. Notification, certificate of fitness & inspection - 1970
5. Persons in charge - 1970
6. Safety, health & welfare - 1970
7. Steam boiler & unfired pressure vessel - 1970
8. Administration 1970
9. Lead 1984
10.Asbestos process 1986
11.Building operations & works of engineering
construction (safety) 1986
12.Noise exposure 1989
13.Mineral dust 1989
14.Compounding of offences (revocation) rules 2010
15.Compounding of offences (revocation) rules (No. 2)
2010

1.3 FMA 1967(cont)

FMA 67 vs OSHA 94
FMA 1967

Scope

OSHA 1994

Industry involving the use of

machineries:
ALL economic activities &
Manufacturing, Mining &
government except armed forces
Quarrying, Construction (except
& seafarers
those operated by armed forces &
seafarers)

Prescriptive
Too dependent on government

Approach

Objective

Focus on control of factories

& machinery

Self-regulation
Tripartite responsibilities employer, employee &
government

Focus on safety, health &

welfare of employees & other
persons

1.4 EQA 1974

OBJECTIVES:
1)
2)
3)
4)

Prevention of pollution
Abatement of pollution levels
Controlling the pollution from further growth
Enhance the environment

MAIN PROVISIONS:
PART I : Preliminary
PART II : Administration
PART III : Licenses
PART IV : Prohibition and Control of Pollution
Part IV(a) : Control of Scheduled Wastes
PART V : Appeal and Appeal Board
Part V(a) : Payment of Case and Environmental Fund
PART VI : Miscellaneous

1.4 EQA 1974(cont)

PART IV: Prohibition and Control of Pollution
Section 22. Restrictions on pollution of the atmosphere
(1)

(2)

(3)

No person shall, unless licensed, emit or discharge any environmentally hazardous

substances, pollutants or waste into the atmosphere in contravention of the acceptable
conditions specified.
Without limiting the generality of subsection (1), a person shall be deemed to emit or
discharge wastes into the atmosphere if:
a)
He places any matter in a place where it may be released into the atmosphere
b)
He causes or permits the discharge of odors which by virtue of their nature,
concentration, volume or extent are obnoxious or offensive
c)
He burns any waste of the trade, process or industry
d)
He uses any fuel burning equipment not equipped with any device or control
equipment required to
be fitted to such equipment
Any person contravenes subsection (1) shall be fined not exceeding RM100,000 or 5 years
imprisonment or both & to further fine not exceeding RM1000/day until the issue is
resolved.

1.4 EQA 1974(cont)

PART IV: Prohibition and Control of Pollution
Section 23. Restrictions on noise pollution
(1)

(2)

No person shall, unless licensed, emit or cause or permit

to be emitted any noise greater in volume, intensity or
quality in contravention of the acceptable conditions.
Any person contravenes subsection (1) shall be fined not
exceeding RM100,00 or 5 years imprisonment or both &
to further fine not exceeding RM500/day until the issue is
resolved.

The commonly stated range of human hearing is 20 Hz

to 20 kHz.

* If greater than 55 db, caused irritating

1.4 EQA 1974(cont)

PART IV: Prohibition and Control of Pollution
Section 24. Restrictions on pollution of the soil
(1)

No person shall, unless licensed, pollute or cause or permit to be polluted

any soil or surface of any land in contravention of the acceptable conditions.
(2) Notwithstanding the generality of subsection (1), a person shall be deemed
to pollute any soil or surface of any land if:
a)
He places in or on any soil or in any place where it may gain access to
any soil any matter whether liquid, gaseous or
b)
He establishes on any land a refuse damp, garbage tip, soil & rock
disposal site, sludge deposit site etc for the disposal of a repository for
solid or liquid wastes which interfere with underground water or be
detrimental to any beneficial use of the soil or surface of the land.
(3) Any person contravenes subsection (1) shall be fined not exceeding
RM100,000 or 5 years imprisonment or both & to further fine not exceeding
RM1000/day until the issue is resolved.

1.4 EQA 1974(cont)

PART IV: Prohibition and Control of Pollution
Section 25. Restrictions on pollution of inland waters
(1)

No person shall, unless licensed, emit, discharge or deposit any environmentally

hazardous substances, pollutants or wastes into any inland waters in contravention of the
acceptable conditions.

(2)

Without limiting the generality of subsection (1), a person shall be deemed to emit,
discharge or deposit wastes into inland waters if:
a)
He places any wastes in or on any waters or in a place where it may gain access to
any waters
b)
He places any waste in a position where it falls, descends, drains evaporates etc into
any waters, or knowingly or through his negligence, whether directly or indirectly,
causes any wastes to be placed in such position
c)
He causes the temperature of the receiving waters to be raised or lowered by more
than the prescribed limits.

(3)

Any person contravenes subsection (1) shall be fined not exceeding RM100,000 or 5 years
imprisonment or both & to further fine not exceeding RM1000/day until the issue is
resolved.

1.5 Occupational, Safety & Health Management System

PURPOSE:
To provide a method to assess and improve performance in the prevention of
workplace incidents and accidents via the effective management of hazards
and risks in the workplace.

Reduce medical bills

Reduce insurance premiums
Reduce compensation claim
Reduce material & production loss

1.5 Occupational, Safety & Health Management

System(cont)
The Deming Cycle :
1)

2)
3)
4)

Plan :
Set-up OSH policy; System planning including resources allocation;
Provision of skills & organization of the system; Hazard identification; Risk
assessment.
Do :
Actual implementation & operation of OSH program; Collect data.
Check : Measure performance of the program.
Act :
Preventive & Corrective action to bridge the gap; Continual improvement.

1.5 Occupational, Safety & Health Management

System(cont)
OSH-MS Standard
OHSAS 18001

Published in 1999 by British Standard Institute

International Standard

Widely used; Certifiable

OHSMS 1722

Published in 2003

Malaysian Standard; Certifiable

Adapted from ILO-OSH 2001

1)
Policy
2)
Organizing
3)
Planning & Implementation
4)
Evaluation
5)
Action for improvement

1.5 Occupational, Safety & Health Management

System(cont)

Further
information
refer to
ILO-OSH 2001

1.5 Occupational, Safety & Health Management

System(cont)
DEFINITIONS:

Safety:
Measures and practices undertaken to prevent and minimize the risk of loss of life,
injury and damage to property and environment
Culture:
Way of life, the customs, beliefs and attitudes that people in a particular group or
organization share
Safety culture:
the product of multiple interactions between people (psychological), jobs (behavioral)
and the organization (situational)in the field of occupational safety and health
or
. the product of the individual and group values, attitudes, perceptions,
competencies and patterns of behavior that determine the commitment to, and the
style and proficiency of, an organizations safety and health management. (Cooper
2000)

1.5 Occupational, Safety & Health Management

System(cont)
SAFETY CULTURE MODEL :

1.5 Occupational, Safety & Health Management

System(cont)
HSE: SYSTEM MODEL OF SAFETY CULTURE

1.5 Occupational, Safety & Health Management

System(cont)
STATUS:

1.6 Safety, Health and Environment Culture

CURRENT OSH RESEARCH:

(Visual Display Unit)

(Permissible Exposure Limits)

1.6 Safety, Health and Environment Culture(cont)

STRATEGIES TO INCULCATE SAFETY CULTURE:

1.6 Safety, Health and Environment Culture(cont)

DOSH STRATEGY :

1.6 Safety, Health and Environment Culture(cont)