1

HISTORICAL PERSPECTIVE

EVOLUTION OF Malaysian OSH Law

Based on traditional approach derived from 19th

Century British Legislation.

Initially the law covers specific safety provision

(Fencing of Dangerous Machinery) but later it
extended to men and other industries and hazards.

Same piecemeal legislation and detailed regulations

occurred in Malaysia – Factories and Machinery Act
1967.

2
 HISTORICAL PERSPECTIVE

HISTORICAL PERSPECTIVE

 Selangor Boiler Enactment 1896

 Perak Boiler Enactment 1903

 Machinery Ordinance 1953

3
 HISTORICAL PERSPECTIVE

HISTORICAL PERSPECTIVE

 Factory & Machinery Act 1967

 Occupational Safety & Health Act

1994

4
 HISTORICAL PERSPECTIVE

Factories & Machinery Act 1967

and its Regulations
1. Certificates of Competency-Examinations Regulations 1970
2. Electric Passenger and Goods Lift Regulations 1970
3. Fencing of Machinery and Safety Regulations 1970
4. Notification, Certificate of Fitness and Inspection
Regulations 1970
5. Person-In-Charge Regulation 1970
6. Safety, Health and Welfare Regulation 1970
7. Steam Boiler and Unfired Pressure Vessel Regulation 1970
8. Administration Regulation 1970
4
 HISTORICAL PERSPECTIVE

Factories & Machinery Act 1967

and its Regulations
9. Compounding of Offences Rules 1978
10. Compoundable Offences Regulations 1978
11. Lead Regulations 1984
12. Asbestos Process Regulations 1986
13. Building Operations & Works of Engineering Construction
Safety Reg. 1986
14. Noise Exposure Regulations 1989
15. Mineral Dust Regulations 1989

5
 HISTORICAL PERSPECTIVE

EVOLUTION OF Malaysian OSH Law

In 1972, an inquiry committee review

the UK OSH Act chaired by Lord
Roben and produce report known as
ROBENS REPORT.

6
 HISTORICAL PERSPECTIVE

ROBENS REPORT

PROBLEMS FOUND
OSH was inspectors enforcing regulation
Legislation coverage – limited
• Did not covers all workers and some major hazards
Piecemeal Regulatory Development
• difficult to Comprehend, amend & updates
• Insufficient regard to human and organisational
factors

7
 HISTORICAL PERSPECTIVE

ROBENS RECOMMENDATION

More “SELF REGULATION” by employers and employees

SINGLE COMPREHENSIVE ACT dealing with OSH

which have CLEAR statement of basic principles of OSH
RESPONSIBILITY of employer, employees and
manufacturers based on common law

Supported by REGULATIONS, Codes of Practices and

Guidelines

8
 HISTORICAL PERSPECTIVE

INTERNATIONAL PERSPECTIVE

 Malaysian OSH Act similar to UK, Australian and

Swedish legislation, all have the following Robens
innovations :-
– General Duties of Care
– Safety and Health Committees
– Improvement and Prohibition notices

 USA
– Detailed regulation
– Little current emphasis on committee
– Reliances on inspectors

9
 HISTORICAL PERSPECTIVE

UK 1994 REVIEW OF ROBENS LEGISLATION

Widespread support but :

 Roles of legislation, approved codes of practice and

guidance were not well understood.

 Risk Assessment and Control not well understood.

 OSH Law still had an undesirable emphasis on

regulations.

10
Any question…..????

10