Occupational Safety and Health Act

1994 (OSHA 1994)

An Act to make further provision for securing the
safety, health and welfare of persons at work, for
protecting others against risks to safety or health in
connection with activities of persons at work, to
establish the National Council for Occupational
Safety and Health, and for matters connected
therewith
Philosophy and principles:

• Instill responsibility to ensure safety and

health at work place is on those who
create the risk and those who work with
the risk
• It is self-regulated, requires consultation in
understanding and interpretation the act
and need corporation and worker
participation
• Contents: The 15 Parts of OSHA 1994
+ Preliminary
+ Appointment of Officers
+ National Council for OSH
+ General Duties of Employers and Self-Employed
persons
+ General Duties of Designers, Manufacturers and
Suppliers
+ General Duties of Employees
+ Safety and Health Organizations
+ Notification of Accidents, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease and
Inquiry
+ Prohibition Against or use of Plant or
Substance
+ Industry Codes of Practice
+ Enforcement and Investigation
+ Liability for Offences
+ Appeals
+ Regulations
+ Miscellaneous
 Part I: Preliminary

Section 1(2)&(3) – Short Title & Application

• Persons at work
+ in all sectors of the economy as in the first
schedule including public services and
authoritative bodies
+ Exception: work on board ships and the armed
forces
Section 3 – Interpretation
+ Industry – public service, or local authorities or
any activity in the first Schedule
c) Provision of information, instruction,
training and supervision
d) Provide and maintain workplace/access
routes to and from work areas
e) Provide and maintain work environment
with adequate welfare facilities
 Part VI – General duties of employees
Section 24
• Ensure personal safety and that of others
• Coorperate with employer and others
• Properly wear and/or use personal protective
equipments that are provided
• Comply to any safety instructions
Section 25
• May not intentionally, recklessly or negligently
interfere or misuse anything provided or done in
the interest of safety, health and welfare in
pursuance of the Act
 Part VIII – Notification of Accidents,
Dangerous Occurrences, Occupational
Poisoning & Disease & Inquiry
Section 32
• Employers to inform the nearest
Department of Safety and Health office
(DOSH)
• Registered Medical Practitioners should
report to the director general
 Part XII
Penalties

Offence Penalty
• Failure to comply • Maximum RM50,000 @
notice FIVE years prison @
RM500 per day
•General duties of • Maximum RM50,000 @
employers and self TWO years prison
employed
• General duties of •Maximum RM1,000 @
employee THREE months prison @
both
Department of Occupational Safety
and Health (DOSH)
• Department of Occupational Safety and
Health (DOSH) is a department under the
Ministry of Human Resources. This
department is responsible for ensuring the
occupational safety, health and welfare of
people at work as well as protecting other
people from the safety and health hazards
arising from the activities of various
sectors which include:
• Manufacturing
• Mining and quarrying
• Constructions
• Hotel and restaurant
• Agriculture, forestry and fishing
• Transport, storage and communication
• Public services and statutory authorities
• Utilities-gas, electricity, water and sanitary
services
• Finance, insurance, real estate and business
services
• The department is a government agency
responsible for the administration and
enforcement of legislations related to
occupational Safety and health for our
nation, with a vision of becoming the
organization which leads the nation in
creating a safe and healthy work culture
that contributes towards enhancing the
quality of working life
 Construction safety
• On site activities : Excavation, piling,
concrete works, demolition, brick layering,
welding works, installation of wires/electric
cables and pipes, handling/transportation
of construction materials, installation of
collapse scaffolding, form works, painting
works, installation of operationalization of
machinery, transportation of raw materials,
clearing and cleaning works.
 Machinery/Equipments on site
Machinery/equipment Applications/use

Crane (Tower/crawler) Lifting materials

Hoist (Skip hoist)
Passenger hoist Lifting workers
Gondola
Bending machine Cutting and shaping steel bars
Cutting machine Cutting metals, wood and plywood
Excavator Earth excavation

Piling and structure Laying/drive piles/building

structure
Lorry Transport construction materials

Batching plant Mixing and delivering concrete

• Hand tools and mobile power tools –
hammer, sledge, drill
• Stairs
• Scaffold – fixed and mobile
• Air compressor
• Hammer drill
• Generator set
• Welding equipments
 Hazards on site
• Heat stress
• Noise
• Mineral dust exposure
• Mechanical hazards
• Electrical hazards
• Radiation
• Chemicals
• Ergonomic hazards
• Biological hazards
• Working at height
• Confined space
• Lighting
• Drowning
 Types of accident
• Falling from height
• Falling at same level
• Hit by falling object
• Buried under falling earth/structure
• Electric shock
• Drowning
• Hit by vehicle
• Inhalation of toxic chemicals
• Contact with moving machinery
• Crushed/stuck between objects
Safety and health management
Strategies:
• Establish a safety and health committee
• Identify hazards at the work place
• Conduct risk assessment
• Plan and implement safety and health
measures
 Construction Industry Development Board
(CIDB)
• The Malaysian Construction Industry Development Board, (CIDB) is
a federal statutory body.  The official name of CIDB is “Lembaga
Pembangunan Industri Pembinaan Malaysia”.

• CIDB is governed by a Board (the Lembaga) consisting of a

Chairman, six representatives from the private sector and four
representatives holding the office in the public services.  All of them
are appointed by the Minister.

• The establishment of CIDB was based on a proposal submitted by a

Federal Cabinet Committee known as The Cabinet Committee on
Training and Employment (formed in 1993), in which one of its
proposals is for the establishment of a statutory body in the form of
“a Board” which one of its main responsibilities is to coordinate all
activities concerning construction industry in  Malaysia.
 Functions

• to promote and stimulate the development,

improvement and expansion of the construction
industry;
• to advise and make recommendations to the
Federal Government and the State Government
on matters affecting or connected with the
construction industry;
• to promote, stimulate and undertake research
into any matter relating to the construction
industry;
• to promote, stimulate and assist in the export of
service relating to the construction industry;
• to provide consultancy and advisory services
with respect to the construction industry;
• to promote quality assurance in the construction
industry;
• to encourage the standardization and
improvement of construction techniques and
materials;
• to initiate and maintain a construction industry
information system;
• to provide, promote, review and coordinate
training programs organized by public and
private construction training centres for skilled
construction.
• to accredit and register contractors and to
cancel, suspend or reinstate the
registration of any registered contractor;
and
• to accredit and certify skilled construction
workers and construction site supervisors