Professional Documents
Culture Documents
1 Intro To OSH History & Law Sept17
1 Intro To OSH History & Law Sept17
OBJECTIVES:
To describe the discipline and scope of
Occupational Safety and Health
To recount the development of Malaysian OSH
History and OSH Law
To define the basic common terms and concepts
in Occupational Safety and Health.
To state the functions and roles of DOSH and
NIOSH
2
THE VICIOUS CIRCLE
(KITARAN KEJAM!)
UNSAFE
ACCIDENT
WORKPLACE
GET DOCTOR
WELL
4 4
WHY DOES OSH IS A CROSS-
DISCIPLINARY AREA?
Occupational safety and health may
involve interaction among many
cognate disciplines, including;
6
HOW DO YOU DEFINE SAFETY ?
7 7
HOW DO YOU DEFINE HEALTH?
• is a state;
– of complete physical, mental and
social well-being
– the absence of disease or
infirmity (physical weakness,
ailment, lack of strength)
8 8
WHAT IS WELFARE?
• It is the quality of life is the degree of
well-being felt by an individual or group
of people.
• It consists of two components:
– physical
• The physical aspect includes such things as health,
diet, and protection against pain and disease.
– psychological
• The psychological aspect includes stress, worry,
pleasure and other positive or negative emotional
states.
9 9
WHAT IS OCCUPATIONAL HYGIENE ?
• is the discipline of ;
– anticipating,
– recognising,
– evaluating and
– controlling health hazards
in the working environment
• with the objective of;
– protecting worker health and well-being and
– safeguarding the community at large.
10 10
WHAT IS ERGONOMICS?
• is the scientific discipline concerned with
– designing according to the human needs,
and
– applies theory, principles, data and methods
to design to optimize human well-being and
overall system performance.
• is study of human capabilities in relationship to
their work demands.
11 11
WHAT ARE THE FOUR BASIC COMPONENTS
OR TYPES OF LAW?
13
COMMON LAW
– Resulted from the decisions of court and
judges in a civil court
– Injured worker/party allow the to sue
the party that is responsible causing the
harm
– Injured worker/party could request a
lawyer for law suit proceedings
– If plaintiff wins, the settlement is through
monetary fines.
14
OCCUPATIONAL SAFETY AND HEALTH
ACT 1994 (OSHA)
Is a mixture of two main
types/source of laws:
–Statutory Law (Undang-undang Berkanun)
– Common Law
15
LAW OF TORT: AN ACTION THAT IS WRONG BUT CAN
BE DEALT WITH IN A CIVIL COURT RATHER THAN A CRIMINAL
COURT
Test question:
Differentiate between term Tort of Negligence
and Vicarious Liability
17
HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT
• OSH before and during the industrial revolution
• Development in OSH management between the 1930’s
and 1970’s
• Development of self-regulation legislation
• Modern OSH management
18
TEST QUESTIONS
• Lord Robben has been appointed as the chairman for the Royal
Commission on Safety and Health in the United Kingdom to review
the laws and regulations on safety, health and welfare of workers
in a workplace. Identify the features of Lord Robben Style of
legislation.
19
HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT-UK
• Lord Robens, Chairman of a Royal Safety
Commission Report noted that:
i. there was too many OSH legislation,
ii. was fragmented,
iii. limited in coverage (specific hazards &
workplace),
iv. out of date and difficult to update,
v. Inflexible (prescriptive),
vi. People thought that safety was what government
inspectors enforced
20
HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT-UK
• Features of “Robens style” legislation:
– General duties of care by:
• Employer, employee, self-employed person,
manufacturer, designer, supplier
• Duty of employer to make the workplace safe
– Consultation with employees through Safety
Committees
– Safety Officer as advisor and coordinator
– Improvement and prohibition notices
21
HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT: MALAYSIA
• Lord Robens recommend “Self regulation”
• Report resulted in the Health and Safety of
Workers At Work Act in the UK in 1974
• Similar legislation was enacted in Australia in
1984
• Enacted in Malaysia in 1994 after the 1992
Bright Sparkler accident in Sungai Buloh.
22
CATEGORIES OF THE LAW AT PRESENT:
FIRST CATEGORY
To control industrial activity or specific chemical
substances:
Mineral Enactment
Atomic Energy Licensing Act 1984
Pesticides Act 1974
Petroleum Act (Safety Procedures) 1984
Electricity Supply Act 1990
23
CATEGORIES OF THE LAW AT PRESENT:
SECOND CATEGORY
24
PERIODICLE THEME IN SAFETY
25
TEST QUESTIONS
Define and provide and example for each;
a. Hazard:
b. Risk:
c. Danger:
Hazard
Risk
Danger
Accident
Near miss
27
OSH GOLDEN WORDS!
HAZARD:
• Anything that can cause harm (e.g.
chemicals, electricity, working from a ladder. etc)
RISK:
• Is the chance, likelihood or probability
of harm actually being done
DANGER:
• Is the relative exposure to hazard. It
may show the magnitude of the risk or
hazard.
28
TYPE OF MACHINERY HAZARDS
29
TEST QUESTIONS
30
ENFORCEMENT DEPARTMENT
31
FUNCTIONS OF DOSH
• To study and review the policies and legislations of OSH
• To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its regulations.
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its regulations.
• To conduct research and technical analysis on issues
related to OSH at the workplace.
• To carry out promotional and publicity programs to
employers, workers and the general public to foster and
increase the awareness of OSH.
• To become a secretariat for the National Council of OSH
32
SERVICE PROVIDER
33
CORE FUNCTIONS
34
OSH PRACTIONERS
35
COMPETENCY CERTIFICATE
36
TRAINER’S PROGRAMME
37
SAFETY PASSPORT
38
SOCSO (PERKESO)
39
FUNCTIONS OF SOCSO
• Registration of employers and
employees
• Collection of contribution from
employers and employees
• Payment of benefits to workers
and/or their dependents when tragedy
strikes
• Provision of physical and vocational
rehabilitation benefits
• Promotion of awareness of
occupational safety and health 40
TEST QUESTIONS
• What are the differences between the role of
National Institute of Occupation Safety
(NIOSH) in Bangi and the Department of
Occupational Safety and Health (DOSH) in
Putra Jaya.
• What are the differences between the role of
National Institute of Occupation Safety
(NIOSH) in Bangi and the Department of
Occupational Safety and Health (DOSH) in
Putra Jaya.
41