1.

FACTORIES AND MACHINERIES

ACTS, 1967 (FMA)
2. OCUPATIONAL SAFETY AND
HEALTH ACT, 1994 (OSHA)
SHORTFALLS OF FMA 1967
1. Too prescriptive and rigid
2. Insufficient protection against risk of working at
height and lifting operation
3. Too little importance stressed on proper use of
plant and equipment
4. No specific regulation on management of work
safety at construction sites
REGULATIONS UNDER
FMA 1967
Building Operations and Works of Engineering
Construction 1986 (BOWECS)
Imposes duties on employer to comply
Imposes duties on employee to comply
 The contents of BOWECS Regulations 1986 include the general
provisions on construction works activities; regulations on concrete
work; structural steel and pre cast concrete assembly; cleaning;
repairing and maintenance of roof, gutters, windows, louvers and
ventilators; catch platforms; chutes, safety belts and nets; runaways
and ramps; ladders and step-ladders; scaffolds; demolition; excavation
works; material handling and storage, use and disposal; piling;
blasting and use of explosives; and hand and power tools.
 WHAT IS OSHA?

(OCCUPATIONAL SAFETY AND HEALTH

ACT 1994 ACT 514)
An act to make further provisions for
securing the safety, health and welfare of persons at
work, for protecting others against risks to safety
and health in connection with the activities of
person at work, to establish the National Council
for Occupational Safety and Health and for matters
connected therewith
ABOUT OSHA
Occupational Safety and Health Act 1994
(Act 514)

 Was implemented on 25 February 1994

 As a guideline used by public or private

sectors in preparing the safety and health
policy in their workplace
 ABOUT OSHA
In this Act,

-the responsibility for OSH at

workplace are shared between
employers and employees

- moved from the era of direct

government supervision to the era of
self help and self regulation

-implying bigger and more active

role for employers and employees
Aiming to improve the management and
awareness of health and safety issues

In the long term, it aims to encourage the

safety culture among employer and employee
in the industry

To provide the means whereby the

associated occupational safety and health
regulations and approved industry code of
practice operating in combination with the
provisions of the Act, designed to maintain or
improve the standards of safety and health
OBJECTIVES OF THE ACT
Part 1(4)

The objectives of this Act are:

a)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;
b) To protect persons
at a place of work other
than persons at work
against any risks to
safety or health arising
out of the activities of
persons at work
c) To promote an
occupational
environment for
persons at work
which is adapted
to their
physiological and
psychological
needs
 SCOPE OF OSHA
Scope of this act covers all working people in sectors
such as manufacturing, mining (quarry),
construction, forestry and fishery, utilities
including electricity, gas, water, sanitary services,
transportation, storage and communication,
wholesale and retail trades, hotels and
restaurants, real estates and business services,
finance, insurance, public services and statutory

However, it does apply to work on board ships and

armed forces (S. 1 (3)) – they have their own
ordinances.
 CONTENTS

OSHA span over fifteen parts and

three(3) schedule

This act enables measurers over

existing health and safety regulations
Complement existing legislation
In the event of any conflict, the
provision of OSHA shall prevail
(Sec. 2(1) “The provisions of this Act shall be in addition to
and not in derogation of, the provisions of any other
written law relating to occupational safety and health”)

 Provides statutory guidelines on the duties of

employers, employees, self-employed persons,
designers, manufacturers and suppliers

 Provides for the implementation of industry codes of

practice and the making regulations

 Sets out the frameworks of a policy making body, i.e.

National Council for Occupational Safety and Health
(NCOSH)
 CONTENTS

 Provisions for appointments of officers of

NCOSH, safety policy design, steps taken to
protect the workers

 The very important of OSHA that departed

form the earlier style of legislation is the
application of the Act to “Persons at Work”.

 This means that many more people who were

previously not covered are now embraced by
the provision of the act.
DUTY OF EMPLOYER

PART 1V SECTION 15 (1)

To ensure so far as practicable, the

safety, health and welfare at work of all
his employers
Part 1v 15 (2) extend the duty of
employers which includes :

a) The provision and maintenance

of plant and systems of work that are
so far as practicable, safe and
without risks to health
b ) Making arrangement for ensuring as far
as practicable , safety and absence of
risks to health in connection with the
use of operation, handling, storage
and transport of plant and substances
c) The provision of such information,
instruction ,training and supervision as
is necessary to ensure as far as
practicable, the safety and health at
work of his employees
d) As far as practicable, any place of
work under control of the employer or
self employed person, maintenance of it
in a condition that is safe and without
risks to health
and
The provision and maintenance of the
means of access to and egress from it
that are safe and without such risks
e) The provision and maintenance
of a working environment for his
employees that is so far as is
practicable, safe, without risks to
health and adequate as regard to
facilities for their welfare at work.
b) The duties of an employers or a self employed
person under subsection (1) and (2 ) extend to
such an independent contractor and the
independent self employed contractor’s
employees in relation to matters over which the
employer or self employed person

i) has control
ii)would have had control but for any agreement
between the employer or self employed person
and the independent contractor to the contrary
PART IV (16)

DUTY TO FORMULATE THE OSH POLICY

To prepare the written statement

Appropriately revise the written
statement
The organization and arrangement for
carrying out that policy
Revision of policy
Notify the employees
DUTY OF EMPLOYER

PART 1V (17)

(1) Duty of employer to person other than

their employees
To conduct his undertaking in safe
manner, as far as practicable and to
inform about the risks associated with
their undertakings to person other than
their employees who may be affected
(2) To give person ,not being his
employees, who may be affected by the
manner in which he conduct his
undertakings, prescribed information or
such aspects of the manner in which he
conduct his undertakings as might affect
their safety/ health
DUTY OF EMPLOYER

PART 1V (18)
Shall take such measures as are practicable to
ensure that the premises , all means of access
thereto and egress there from available for
use by persons using the premises , and any
plant or substance in the premises or provided
for use there, is or are safe and without risks
to health
PENALTY FOR OFFENCE (15-18)

FINE : Not exceeding RM 50,000.00

IMPRISONMENT : Not exceeding 2 years

Or

BOTH
GENERAL DUTIES OF EMPLOYEES
Part VI 24(1) –General duties of employees at
work

It shall be the duty of every employee while at work :

a)To take reasonable care for the safety and health

of himself and of other persons who may be affected by
his acts or omissions of work;

b)To cooperate with his employer or any other

person in the discharge of any duty or requirement
imposed on the employer or that other person by this
Act or any regulation made thereafter;
GENERAL DUTIES OF EMPLOYEES
c) to wear or use at all times any
protective equipment
or clothing provided by the employer for the
purpose of preventing risks to his safety and
health; and

d) to comply with any instruction or

measure on occupational safety and health
instituted by his employer or any other
person by or under this Act or any regulation
GENERAL DUTIES OF EMPLOYEES

24 (2) A person who contravenes the

provisions of this section shall be guilty of an
offence and shall, on conviction, be liable to a
fine not exceeding one thousand ringgit or
to imprisonment for a term not exceeding
three months or to both
GENERAL DUTIES OF EMPLOYEES
Part VI 25-Duty not to interfere with or misuse
things provided pursuant to certain provisions

A person who intentionally, recklessly or

negligently interferes with or misuses anything
provided or done in the interests of safety,
health and welfare in pursuance of this Act shall
be guilty of an offence and shall, on conviction,
be liable to a fine not exceeding twenty
thousand ringgit or to imprisonment for a
term not exceeding two years or to both
GENERAL DUTIES OF EMPLOYEES

PART VI 26 – DUTY NOT TO CHARGE

EMPLOYEES FOR THINGS DONE OR
PROVIDED
No employer shall levy or permit to be levied on any
employee of his any charge in respect of anything
done or provided in pursuance of this Act or regulation
made thereafter
GENERAL DUTIES OF EMPLOYEES
PART VI 27 (1) –DISCREMINATION AGAINST
EMPLOYEES,ETC

No employer shall dismiss an employee, injure him in his

employment, or alter his position to his detriment by reason
only that the employee :

a)makes a complaint about a matter which he considers

is not safe or is a risk to health;

(b) is a member of a safety and health committee

established pursuant to this Act; or

(c) exercises any of his functions as a member of the

safety and health committee
GENERAL DUTIES OF EMPLOYEES
PART VI 27 (2)

No trade union shall take any action on any of its members

who being an employee at a place of work :

a)makes a complaint about a matter which he considers

is not safe or is a risk to health;

(b) is a member of a safety and health committee

established pursuant to this Act; or

(c) exercises any of his functions as a member of the

safety and health committee
GENERAL DUTIES OF EMPLOYEES
PART VI 27 (3)

An employer who or a trade union which

contravenes the provision of this section
shall be guilty of an offence and shall on
conviction, be liable to a fine not exceeding
ten thousand ringgit or to a term of
imprisonment not exceeding one year or to
both
PART VI 27(4)
Notwithstanding any written law to the contrary,
where a person is convicted of an offence under
this section the Court may ,in addition to
imposing a penalty on the offender, make one or
both of the following orders.
4a) An order that the offender pays within a specific
period to the person against whom the offender has
discriminated such damages as it thinks fit to
compensate that persons

b) An order that the employees be reinstated or re-

employed in his former position or , where that position
is not available, in a similar position.
DUTIES OF EVERYONE

The Act places duties on employers, self-employed people

and employees to ensure that their work activities do not
harm themselves or other people.

For forest operations, other people

include visitors, people passing the operation, and the
general public who may be in the vicinity
of an operation.

Any person in control of a place of work (e.g. a principal,

contractor or subcontractor) shall
attempt to ensure that people there (or close by) are not
harmed by any hazard resulting from
work activities.
DUTIES OF SELF-EMPLOYED PERSONS

Self-employed persons shall take all practicable

steps to ensure that no action or inaction while
at work harms either himself or herself or any other
person.

Refer to Section 15, Part IV, OSHA 1994

EMPLOYER’S DUTIES: GENERAL

Under the Act, employers are required to:

• provide and maintain a safe working environment;
• provide and maintain facilities for the safety and health of
employees;
• ensure that machinery and equipment are safe for employees;
• ensure that working arrangements are not hazardous to employees;
and
• provide procedures to deal with emergencies that may arise while
the employees are at work;
and
• provide information, instruction, training and supervision as is
necessary.
Employers have general duties, that relate to the management of
particular hazard, e.g.
• working at heights above three meter;
• activities under raised objects;
• earthworks and excavations;
• harmful noise;
• cleaning, maintenance and repair of machinery;
• protective structures of self-propelled plant;
• employment of young persons.
Refer to Section 15, Part IV, OSHA 1994
EMPLOYER’S DUTY TO PROVIDE
FACILITIES
Employers have a duty to maintain, keep clean and provide access
to the following facilities,
sufficient for the place of work:
• washing facilities;
• toilets;
• drinking water;
• first-aid equipment;
• facilities for employees who become ill at work;
• facilities for changing and storing clothes; facilities for meals.,
• lighting;
• emergency exit plans.
EMPLOYER’S DUTY TO INFORM EMPLOYEES,

Employers shall inform employees of:

• the hazards they are exposed to or create while at
work;
• how to minimise hazards to themselves and other
people;
• where the necessary safety clothing and equipment are
kept;
• what to do if an emergency arises while they are
working.
Employers must also give employees the results of any
monitoring of their health or the
workplace, without identifying individuals
EMPLOYER’S DUTY TO TRAIN AND SUPERVISE

• Employers shall take all practicable steps to ensure

that employees who do any kind of work,
or use plant, equipment or deal with any substance:
• have the knowledge and experience to ensure that
they and others are not harmed; or
• are supervised by a person with the knowledge and
experience to ensure that they and others
are not harmed; or
• are adequately trained in the safe use of all:
- plant;
- objects;
- substances;
- protection clothing/equipment provided by the
employer; that the employee may use.
EMPLOYER’S DUTY TO INVOLVE EMPLOYEES

Employers shall ensure that employees have an

opportunity to be involved in the development of
procedures for health and safety.
EMPLOYER’S DUTY WITH REGARD TO ACCIDENTS

Employers shall keep a register of every work-related:

• accident;
• dangerous occurrence;
• occupational poisoning or occupational diseases; and near-
miss incident (where someone
might have been harmed);
• involving any person in a place of work.
Employers are also required to:
• investigate all accidents, dangerous occurrence, occupational
diseases and near-miss
incidents;
• determine the cause;
• document remedial action taken;
• notify DOSH of the accident, dangerous occurrence or
diseases that occurs at a place of work:
- by the quickest means as soon as possible;
- and in writing within seven days.