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Occupational Safety and

Health Act

Principles of Human Resource


Management
16 e

Bohlander | Snell

1–1
© 2013
2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
INTRODUCTION

• Awareness on the occupational safety & health at


the workplace
• Close relationship with accident at the workplace
• Significant impact in productivity, quality of the
organization
• Cooperation with SOCSO, DOSH, NIOSH etc

2
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The Importance of S&H

• Increased knowledge and experience on issues


pertaining to workers protection and its impact on
productivity and organizational effectiveness
• Increased awareness by general public on S&H
issues due to several incident at work place
• Due to changes in government policies that taking
proactive involvements through legislation
• To reduce the number of claims filed by employees
• Organization/employers have a deeper sense of
social responsibility
• Pressures from labor unions and NGO calling on
employers to be more conscious on S&H
3
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Cont…

• Aims of OSH Act 1994:


- secure OSH of person against risk
- protect against risk
- promote occupational environment to meet
employees physiological & psychological
needs

4
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Organization Responsibility to Safety Under OSHA 1994

• Setting up Work Safety Committee under


(Sec.30(1)(a) for employers who have more than
40 employees
• Establishing work safety rules
• Ensuring that workers manning machinery are
adequately trained and follow safety instructions
• Designing work and non-work areas

5
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2013Cengage
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Organization Responsibility to Safety Under
OSHA 1994

• Strict compliance be made to legislate


requirements regarding manning safety, noise
and other dangers
• Adequate insurance coverage be taken for
workers through government or private agencies
• Removing and storing hazardous products from
the workplace
• Maintaining a register of accidents and monitor
situation

6
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DUTIES OF EMPLOYER
Part IV of OSHA 1994 (Section 15 -19)

• To the employee & others


• Ensure safety, health, welfare at work
• Ensure necessary plant is up to the necessary
standard
• Safe system, minimize operations that present
danger
• Provide training and information
• Contravene – fine not exceeding RM50,000 or 2
years imprisonment or both

7
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WRITTEN SAFETY & HEALTH POLICY
Section 16 Part IV OSHA 1994

• All employers with more than 5 employees are required to


formulate a written Safety & Health Policy

• The content of the policy:


- General policy statement
- Organization
- Arrangements

• Important to be made known to employees during


induction course or job training / display in strategic place

8
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DUTIES OF EMPLOYEES
Part VI OSHA 1994 (Section 24 – 27)

• S 24(1)
 (a)To take responsible care
 (b)Cooperate with employer of any person in the discharge
of any duty
 (c)To wear/use protective equipment
 (d)To comply with any instructions
• Contravene – fine not exceeding RM1,000 or
imprisonment not exceeding 3 months or both
• If intentionally, recklessly or negligently – RM20,000 or to
imprisonment not exceeding 2 years or both.

9
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Cont…

• (27)
 (1a-c) 2a-c)Protection for workers in employment if
they lodge a complaints, being a committee, exercise
duties from employer
 (2a-c)Protection for workers in employment if they
lodge a complaints, being a committee, exercise
duties from Trade Union
• Contravene – 10,000 or 1 year or both

10
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DUTIES OF A SAFETY AND HEALTH
OFFICER (Section 27)

• Occupier / employer to appoint Safety & Health


Officer
 To advice employer
 Inspect the place of work
 Assist the employer in organizing & implementing
OSH programs
• Contravene – RM 5,000 or 6 months
imprisonment or both

11
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SAFETY & HEALTH COMMITTEE
(Section 30)

• S 30 of OSHA 1994, every employer shall


establish a Safety & Health Committee at
workplace if there are 40 or more persons
employed / direction of Director General
• Contravene – fine not exceeding RM5,000 or
imprisonment not exceeding 6 months or both
• Functions:
- Keep review measures taken
- Investigate and resolve the problems

12
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Work practices, programmes and
activities

• Workplace inspections
• Citations and penalties
• On-site consultations
• Voluntary protection programs
• Training and education
• Cooperative Programs

13
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Work practices, programmes and activities
: DOSH

• Department of Occupational safety & Health


(DOSH)
 For enforcement of OSHA
 compliance with Act, guidelines and codes of practices
 Formulate & review legislation, policies, guidelines &
codes of practices of OSHA
 Promotional towards safe & health work culture,
 Carry out the research on OSHA

14
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2013Cengage
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Work practices, programmes and activities
: NIOSH

• National Institute of Occupational Safety &


Health (NIOSH) Malaysia
 Established on December 1, 1992
 “Critical catalyst" in the promotion of occupational
safety and health
 “Backbone" to create a "self-regulating occupational
safety and health culture"

15
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Work practices, programmes and activities
: SOCSO

• The Social Security Organization (SOCSO) was


established in 1971 under the Human Resources Ministry
to implement and administer the social security schemes
under the Employees' Social Security Act 1969
• SOCSO’s function includes:
 registration of employer and employee, collecting contribution,
processing benefit claims
 make payment to the injured worker and their dependents
 provide vocational and physical rehabilitation benefits and
enhance occupational safety and health awareness of workers.
• Providing Social Security protection by social insurance:-
 Medical care
 Cash benefits
 Rehabilitation

©
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2013Cengage
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All Rights May not
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Safety Hazards Issues

• Workplace Violence: can be in terms of


physical or non-physical (word forms)
• Fatigue: leads to burnout or depression (if
not properly tackled)
• Distracted Driving: unfinished works,
relations with colleagues/superiors, problems
either at work / home
• Workplace Emergencies: unexpected
incidences, disasters etc
• Terrorism

©
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2013Cengage
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All Rights May not
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Health Hazards Issues

• Ergonomics: whether the facilities at work stations


are user friendly / does not affect the body structure
• Wellness and Weight Issues: needs to reach
certain BMI e.g. PDRM
• Job Stress / Burnout: needs to identify the main
reasons why it happens as it leads to psychological
distress
• Depression
• Alcoholism
• Drug Abuse

©
© 2012
2013Cengage
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Learning. Reserved.
All Rights May not
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