Chapter 4:

OSH Act 1994

By: MUHAMMAD IMRAN ISMAIL
PENSYARAH, FAK. KEJ. KIMIA
Lecture 4.2
Chapter 4

• Safety legislation and regulations

• Introduction (Lecture 4.1)

• Regulatory bodies (Lecture 4.1)

• OSHA 1994 (Lecture 4.2)

• FMA 1967 (Lecture 4.3)

 Learning Outcomes

The student should be able to:

1. Identify the purpose of OSHA 1994
2. Identify the rationale of OSHA Act 1994
3. Describe the objectives of OSHA Act 1994
4. List types of industries OSHA Act 1994 applied
5. List 4 relevant regulations under OSHA 1994
6. Describe the scope of CIMAH 1996, SHO 1997, SHC 1996, and
CLASS 2013.
Outlines of Presentation

• Introduction of OSHA 1994

• Contents of OSHA 1994

• 4 Examples of Regulations
Introduction:
OSHA 1994

5
OSHA 1994

• The Occupational Safety and Health Act (OSHA) is an Act which provides
the legislative framework to secure the safety, health and welfare
among all Malaysian workforce and to protect others against risks to
safety or health in connection with the activities of persons at work

• This Act was gazetted on 24th February 1994

• Contains 67 sections, divided into 15 parts and appended by 3

schedules

• The purpose of Occupational Safety and Health Act 1994 is to

promote and encourage occupational safety and health
awareness among workers and to create organization along
with effective safety and health measures.
 OSHA 1994

• WHAT IS OSHA 1994?

• HOW DOES THE ACT AFFECT ME ?
• WHAT SHOULD BE INCLUDED IN THE WRITTEN SAFETY AND HEALTH POLICY ?
• WHAT ARE MY DUTIES AS AN EMPLOYER ?
• WHAT ARE MY DUTIES AS AN EMPLOYEE ?
• WHAT ARE THE DUTIES OF A SAFETY AND HEALTH OFFICER ?
• IS IT COMPULSORY TO ESTABLISH A SAFETY AND HEALTH COMMITTEE AT
WORKPLACE ?
 Sectors covered by OSHA 1994
1. Manufacturing
2. Mining and Quarrying
3. Construction
4. Hotels and Restaurant
5. Agriculture, Forestry and
Fishing
6. Transport, Storage and
Communication
1. Public Services and Statutory
Authorities
2. Utilities - Gas, Electricity,
Water and Sanitary Services
3. Finance, Insurance, Real
Estate and Business Services
4. Wholesale and Retail Trades
Objectives Of OSHA 1994

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 a suitable 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 (OSH) 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.
OSHA 1994 OUTLINES

SECTIONS:

1. PART I: PRELIMINARY

2. PART II: APPOINTMENT OF OFFICERS

3. PART III: NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH

4. PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS

5. PART V: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND SUPPLIERS

6. PART VI: GENERAL DUTIES OF EMPLOYEES

7. PART VII: SAFETY AND HEALTH ORGANIZATIONS

8. PART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL

POISONING AND OCCUPATIONAL DISEASES AND INQUIRY
OSHA 1994 OUTLINES

SECTIONS (con’t):

9. PART IX: PROHIBITION AGAINTS USE OF PLANT OR SUBSTANCE

10. PART X: INDUSTRY CODES OF PRACTICE

11. PART XI: ENFORCEMENT AND INVESTIGATION

12. PART XII: LIABILITY FOR OFFENCES

13. PART XIII: APPEALS

14. PART XIV: REGULATIONS

15. PART XV: MISCELLANEOUS

Content of
OSHA Act

12
POLICY

All employers with more than 5 employees are required by this legislation
to formulate a written
SAFETY AND HEALTH
POLICY

to demonstrates the company’s commitment and concern to ensure safety

and health at workplace
 DUTIES AS AN EMPLOYER

As an employer, you have duties to your employees and to persons other than your employees.

If you contravene, you will be liable to a fine not exceeding RM50,000 or TWO (2) YEARS
imprisonment or to BOTH.

General duties of an employers:

1. To ensure, so far as is practicable, the safety, health and welfare at work for all your
employees

2. To ensure that existing plant is up to the necessary standards with respect to safety and risk
to health and that, when new plant is installed, latest practice in safety and health are taken
into account

3. Ensure a safe system at the workplace and minimize operations that present danger of injury
or health impairment
 DUTIES AS AN EMPLOYER (con’t)

4. Regularly monitor the work environment to ensure that, where known health hazards
are present, protection conforms to current health standard, including medical
surveillance of workers

5. Make arrangement for ensuring safety and health in connection with the use or
operation, handling, storage and transportation
DUTIES of plants and substances
AS AN EMPLOYER

6. Ensure that no charge is levied on any employee for anything done or provided to
meet any specific requirement for safety and health at work

7. Prepare a written statement of safety and health policy, organization and

arrangement for safety and health at work, keep it up-to-date by revision and inform
all employees of the notice and revision to the policy where applicable
 DUTIES AS AN EMPLOYER (con’t)

8. Provide information, instruction, training and supervision in safe work practices and
consider specific training needs of your organization with particular reference to
processes with special hazards

9. Conduct the activities, so as to ensure that people other than your employees are
not exposed to risks to safety and health

10. Shall notify the nearest DOSH office of any accident, dangerous occurrence,
occupational poisoning or occupational disease which has occurred or is likely to
occur at the place of work

11. Provide the Safety and Health Officer adequate facilities including appropriate
information and training equipment to enable SHO to conduct his duties

12. Cannot discriminate against employee or dismiss an employee

DUTIES AS AN EMPLOYEE

General duties of an employee:

1. To take reasonable care at work for the safety of yourself and other
persons

2. To cooperate with your employer or any other person in the discharge

of any duty, under the Act or Regulations

3. To wear or use at all times any protective equipment and clothing

provided by your employer for the purpose of preventing risks to your
safety and health

4. To comply with any instruction or measure on occupational safety and

health as required under the Act or Regulations
Regulations

18
RECAP
Act 514
Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Eg: CIMAH Reg 1996

Order
Eg: Occupational Safety and Health (Safety and Health Officer) Order 1997

Guidelines Code of practice

Eg: Confined space
 Regulations
1. Occupational Safety and Health (Employers’ Safety and Health General Policy Statements) (Exception)
Regulations 1995.

2. Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996.
CIMAH

3. Occupational Safety and Health (Safety & Health Committee) Reg. 1996. SHC

4. Occupational Safety and Health (Safety and Health Officer) Regulations 1997. SHO

5. Occupational Safety and Health (Safety and Health Officer) Order 1997.

6. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999.

7. Occupational Safety and Health (Use & Standards of Exposure of Chemicals Hazardous to Health) Reg.
2000.
8. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Posioning
and Occupational Disease) Reg. 2004.

9. Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous
Chemicals) Regulations 2013. CLASS
20
 Occupational, Safety and Health
(Control of Industrial Major Accidents Hazards)
Regulations 1996

CIMAH 1996
 APPLICATION OF CIMAH 1996

Come into force on 1 February 1996

These Regulations shall apply to ALL industrial activities EXCEPT:

• A nuclear installation

• An installation under the armed forces

• A vehicle or vessel transporting hazardous substance to or from the site of an

industrial activity

• An industrial in which there is involved or likely to be involved a quantity of

hazardous substance or a category or categories of substance which is or are
equal or less than ten per cent (≤10%)of the threshold quantity of the
hazardous substance or substances
 CIMAH 1996
Section

1. Introduction
2. Identification and announcement of industrial activities
3. Demonstration of safety operation for non major hazard industries
4. Report on industrial actvities dan emergency plan preparation for
major hazard industries
5. Announcement of major accident
6. Penalty
 RATIONALE/THE NEED OF
CIMAH 1996

• Protect worker and people from major accident from industries

• Protect the environment

• Obey ILO (International Labour Organisation) convention

• Harmonised major accident system control in industries

•Some example of major hazard installations:

• Petrochemical works and refineries

• Chemical works and chemical production plants
• LPG storage and terminal
• Stores and distribution centers for chemical
• Fertilizer plants
• Explosive factories
• Water treatment plants
 SCOPE

General need:
Section I: Introduction
Section II: Identification and announcement of industrial activities
Section V: Announcement of major accident
Section VI: Penalty

Major Non Major

Hazard Hazard
Industry Industry

Section IV: Section III:

Report on industrial actvities dan Demonstration of safety
emercency plan preparation for major operation for non major hazard
hazard installation Industrial activities installation
Objectives:

• To prevent major accident

• To limit the consequences to people, property and the environment

“major accident” means an occurrence

 Including a major emission, fire or explosion
 Resulting from uncontrolled developments
 Leading to a serious danger to persons
 Leading to a serious danger to the environment
 Involving one or more hazardous substance
Interpretation
“major hazard Installation” means an industrial activity which -
• Produces, processes, handles, uses, disposes of or stores, either
permanently or temporarily, one or more hazardous substances in quantities
which is equal to or exceed the threshold quantity or
• Determined by the Director General in accordance with subregulation 7(2)

3
Interpretation

“non major hazard Installation” An industrial activity which -

 Produces, processes, handles, uses, disposes of or stores, either permanently
or temporarily, one or more hazardous substances in quantities which is
exceed 10 % of the threshold quantity and less than the threshold
quantities
 Determined by the Director General in accordance with subregulation 7(2)

3
 OBLIGATION OF MANUFACTURER UNDER MHI

 Notify to DOSH of an industrial activity

 Prepare and submit Safety Report and On-Site Emergency
Response Plan to DOSH
 Keep up to date report and plan
 Inform to the local authority
 Help local authority to prepare off-site ERP
 Inform to the public
 Inform DOSH of any major accident
3
 Occupational, Safety
and Health (Safety and Health Committee)
Regulations 1996
(SHC 1996)
COMPOSITION OF SHC 1996

A SHC shall consist of:-

1. A chairman

2. A secretary (Safety and Health Officer)

3. Representative of employer

4. Representative of employees
 Dedication Communication

Inspection
Report
Health and Safety Committee

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Line Manager
Safety Officer
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Participation Partnerships
33 df
 Functions of a safety and health committee / officer

• Assist in the development of safety and health rules and safe systems of work

• Review the effectiveness of safety and health programmes

• Carry out studies on the trends of accident, near-miss accident, dangerous

occurance which occurs at the workplace

• Report to the employer of any unsafe or unhealthy condition or practices at the

place of work, together with recommendation of corrective actions

• Review the safety and health policies at the place of work and make
34 df recommendations to the employer for any revision of such policies
Removal of member of committee:-

1. He fails to attend 3 consecutive meetings of the committee without leave of the chairman

2. He has been found or declared to be of unsound mind

3. He becomes a bankrupt

4. As a representative of employees, he is no longer employed at the place of work

5. There has been proved against him, or he has been convicted on, a charge in respect of
I. An offence involving fraud, dishonesty or moral turpitude
II. An offence under a law relating to occupational safety and health; or
III. Any other criminal offence; or

6. He is otherwise unable or incapable of discharging his duties as a member of the committee

PENALTY OF SHC 1996

A person who by any act or omission contravenes any of the provisions of these
regulations shall be guilty of an offence and shall, on conviction, be liable to a
fine not exceeding RM5,000 or to imprisonment for a term not exceeding six (6)
months or to both
 Occupational, Safety
and Health
(Safety and Health Officer)
Regulations 1997
(SHC 1997)
OBJECTIVES OF THE REGULATIONS

 Control of high risk industries

 Assist to improve the level of occupational safety and health
and high risk industries
 Create an effective and systematic safety management system
at the workplace
 Facilitates the employer to conduct all work activities safely
 INDUSTRIES REQUIRED TO EMPLOY A SHO

a) Building operation where the contract price exceeds RM20

million
b) Work of engineering construction where the contract price exceeds
RM20 million
c) Any ship building employing at the peak of work over 100 employers
d) Any gas processing activity or petrochemical industries employing
39 over 100 employees
 INDUSTRIES REQUIRED TO EMPLOY A SHO

h) Any wood working industry where there is cutting

or sawing or planning or moulding or sanding or
peeling or any combination of the above, and
employing over 100 employees
i) Any cement manufacturing activity employing over 100
employees
j) Any other manufacturing activity other than
specified in f) – i), employing over 500
employees

40
 INDUSTRIES REQUIRED TO EMPLOY A SHO

e) Any chemical or allied industry employing over 100 employees

f) Anyboiler or pressure vessel activity
employing over 100 employees

g) Anymetal industry where canning or stamping or blanking or

shearing or bending operations and employing over 100
employees

41
 QUALIFICATION FOR REGISTRATION

 Diploma in Occupational Safety and Health or equivalent, approved by the

Minister
 Successfully completed training* in Occupational Safety and Health and passed any
examinations for that course, or equivalent approved by the Minister and has
minimum three years experience in Occupational Safety and Health
 Has been working in the area of Occupational Safety and Health at least for a period
of ten years
 Holds other qualifications or has received training as prescribed from time to
time by the Minister
• * Courses that are conducted by NIOSH or any other approved course
 Occupational, Safety
and Health
(Safety and Health Officer)
Regulations 1997
(CLASS 2013)
Purpose of CLASS regulation
Summary/Reflection Session

47
Q2: What are the objectives of OSHA 1994.
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 a suitable 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 (OSH) 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.
09/10/2020 Footer text here 49
imran7162@johor.uitm.edu.my
Ext: 8542