AW101 – OCCUPATIONAL

SAFETY AND HEALTH

- CHAPTER 2 -
 CONTENTS :
 Occupational Safety and Health Act (OSHA 1994)
philosophies and concept
 Occupational Safety and Health Act (OSHA 1994)
objectives
 Employers’ Responsibilities (Part IV, Section 15-19)
 Employees’ Responsibilities (Part VI, Section 24-27)
 Factory and Machinery Act 1967
 Department of Safety and Health (DOSH)
 National Institute of Occupational Safety and Health
(NIOSH)
 Social Security Organization (SOCSO)

AW101/HANISAH/JKE/POLISAS/’11
 OCCUPATIONAL SAFETY AND HEALTH ACT
PHILOSOPHIES
 Responsibilities to ensure safety and health at workplace
lies with those who create the risk and those who work
/live with it. It is the intention of all OSH legislation to
promote self regulations, consultations and participation
rather than enforcement and prosecution.
 Employers, suppliers, manufacturers, designers - people
who create the risk
 Employees, customers & nearby communities - people
who work/live with the risk.
 Concept OSHA – REASONABLE and PRACTICAL
AW101/HANISAH/JKE/POLISAS/’11
 OCCUPATIONAL SAFETY AND HEALTH ACT
OBJECTIVES

Administration of OSH in Malaysia is mainly governed by

Occupational Safety and Health Act 1994 (Act 514), came
into force since 25-02-1994. The main objectives 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 person 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;
AW101/HANISAH/JKE/POLISAS/’11
 OCCUPATIONAL SAFETY AND HEALTH ACT
OBJECTIVES
c) To promote an occupational environment for persons at
work which is adapted to their physiological and
psychological needs;

d) To provide the means whereby the associated

occupational safety and health 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.
AW101/HANISAH/JKE/POLISAS/’11
 OCCUPATIONAL SAFETY AND HEALTH ACT
OBJECTIVES
Meaning of terms used;
 “Employer” means the owner of the industry or the
person whom an employee has entered into contract of
service, including manager, agent or person responsible
for payment of salary to the employee, also includes
legal representative of deceased owner, State
Government, Government Departments, Local Authority
or Statutory Bodies.
 “Employee” means a person who is employed for wages
under contract of service in industries and businesses.

AW101/HANISAH/JKE/POLISAS/’11
 OCCUPATIONAL SAFETY AND HEALTH ACT
OBJECTIVES
Meaning of terms used;
 “Occupier” means a person who has the management or
control of the place of work.

 “Place of work” means premises where a person work or

premises used for storage of plant and substances.

 “Self employed” means an individual who work for gain or

rewards.

AW101/HANISAH/JKE/POLISAS/’11
 SCOPE OF APPLICATIONS
Scope of Application covered by OSHA 1994;
 Manufacturing
 Mining & Quarry
 Construction
 Agriculture, Forestry & Fishing
 Electricity, Gas, Water & Sanitary Service
 Transport, Storage & Communication
 Wholesale & retailing
 Hotel & Restaurants
 Finance, Insurance, Real Estate & Business Service
 Public Services & Statutory Bodies
AW101/HANISAH/JKE/POLISAS/’11
 SCOPE OF APPLICATIONS

Exception:-
If there exists inconsistencies and conflicts between OSH Act
1994 and other related legislation, OSH Act 1994 shall
prevail over the rest but not applicable in the following
areas:
(a) On board ships governed by Merchant Shipping Ordinance
1952
(b) Armed forces

AW101/HANISAH/JKE/POLISAS/’11
EMPLOYERS’ & SELF EMPLOYED RESPONSIBILITIES
(PART IV, SECTION 15-19)
To ensure, so far as is practicable, the safety, health and welfare
at work of all his employees:
 Provide and maintain of plant and systems of work that are
safe and without risks to health.
 Making an arrangements for ensuring safety and absence
of risks to health in connection with the use or operation,
handling, storage and transport of plant and substances.

 Provide information, instruction, training and supervision to

ensure the safety and health at work of his employees;

AW101/HANISAH/JKE/POLISAS/’11
 EMPLOYERS’ & SELF EMPLOYED RESPONSIBILITIES
(PART IV, SECTION 15-19)

 Maintenance the work place in a safe condition and without risks

to health and provide the means of access to and egress from it
that are safe and without such risks.

 Provide and maintain of a working environment for his

employees that are safe, without risks to health, and adequate
as regards facilities for their welfare at work.

 Prepare a written statement of his general policy with respect to

the safety and health at work of his employees and the
organization. Arrange for the time being in force for carrying out
that policy and bring the statement and any revision of it to the
notice of all of his employees.
AW101/HANISAH/JKE/POLISAS/’11
EMPLOYERS’ & SELF EMPLOYED RESPONSIBILITIES
(PART IV, SECTION 15-19)

To ensure, so far as is practicable, the safety and health at work

of all persons other than their employees.
 Ensure that other persons (not being his employees), who
may be affected thereby are not thereby exposed to risks to
their safety or health.
 Provide to persons (not being his employees) an
information on such aspects of the manner in which he
conducts his undertaking as might affect their safety or
health.
AW101/HANISAH/JKE/POLISAS/’11
 EMPLOYEES’ RESPONSIBILITIES
(PART VI, SECTION 24-27)
 Reasonable care for the safety and health of himself and of
other persons who may be affected by his acts or omissions
at work.
 Full cooperation with employers and others.

 Wear and use personal protective equipments (PPE).

 Comply with all instruction on OSH.

AW101/HANISAH/JKE/POLISAS/’11
 OTHERS LAW RELATED TO OSH IN
MALAYSIA

 Factories & Machineries Act 1967

 Fetroleum Act 1984
 Employment Act 1955
 Employee Social Security Act 1969
 Children & Young Person (Employment) Act 1966
 Indutrial Relation Act 1967
 Environment Quality 1974
 Atomic Agencies Act 1984
 Fire Services Act 1988
AW101/HANISAH/JKE/POLISAS/’11
 FACTORIES AND MACHINERY ACT 1967
“An Act to provide for the control of factories with respect to
matters relating to the safety, health and welfare of
person therein, the registration and inspection of
machinery and for matters connected therewith”

 Applicable to manufacturing, Mining, Quarry &

Construction
 Too limited in scope, too dependent on government
 Only concerns with inspection by authorities
 No provision for protection of health

AW101/HANISAH/JKE/POLISAS/’11
OTHER OSH ORGANIZATION AND AGENCIES
IN MALAYSIA

 Department of Occupational Safety and Health (DOSH)

 National Institute of Occupational Safety and Health
(NIOSH)
 Social Security Organization (SOCSO)

AW101/HANISAH/JKE/POLISAS/’11
 DEPARTMENT OF OCCUPATIONAL SAFETY AND
HEALTH (DOSH)
 The Department of Occupational Safety and Health (DOSH) is a
department under the Ministry of Human Resources. This department
is responsible for ensuring the safety, health and welfare of people at
work as well as protecting other people from the safety and health
hazards arising from the activities sectors which include:
- Manufacturing
- Mining and Quarrying
- Construction 
- Hotels 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
- Wholesale and Retail Trades

AW101/HANISAH/JKE/POLISAS/’11
 DEPARTMENT OF OCCUPATIONAL SAFETY AND
HEALTH (DOSH)
The roles of DOSH are:
a) To study and review the policies and legislations of
occupational safety and health.
b) To enforce the following legislations :
- Occupational Safety and Health Act 1994 and its
regulations.
- Factories and Machinery Act 1967 and its regulations.
- Part of Petroleum Act 1984 (Safety Measures) and its
regulations. 
c) To conduct research and technical analysis on issues related
to occupational safety and health at the workplace

AW101/HANISAH/JKE/POLISAS/’11
 DEPARTMENT OF OCCUPATIONAL SAFETY
AND HEALTH (DOSH)

The roles of DOSH are:

d) To carry out promotional and publicity programs to
employers, workers and the general public to foster and
increase the awareness of occupational safety and health.
e) To investigate all accidents, diseases, poisonous and/or
dangerous occurrences, and to have action taken to ensure
that these occurrences will not be repeated. 
f) To become a secretariat for the National Council regarding
occupational safety and health.
AW101/HANISAH/JKE/POLISAS/’11
 NATIONAL INSTITUTE OF OCCUPATIONAL
SAFETY AND HEALTH (NIOSH)

 NIOSH was established on 24 June 1992 as a Company

Limited by Guarantee, under the Malaysian Companies Act,
1965.
 As a company, NIOSH is expected to operate efficiently and
with minimal administrative bureaucracy.
 The NIOSH Board of Directors comprises of 15 Board
members, ten of which are appointed by the Government
while the remaining are elected by NIOSH members during
the Annual General Meeting (AGM).

AW101/HANISAH/JKE/POLISAS/’11
 NATIONAL INSTITUTE OF OCCUPATIONAL
SAFETY AND HEALTH (NIOSH)
The roles of NIOSH are:
a) To contribute towards efforts in upgrading Occupational
Safety and Health (OSH) through developing curriculum
and training programs for workers and employers.
b) To assist industry, commerce and others to solve problems
relating to Occupational safety and Health (OSH).
c) To assist those who are responsible for OSH with the latest
information in the field of OSH from the country or
overseas.

AW101/HANISAH/JKE/POLISAS/’11
 NATIONAL INSTITUTE OF OCCUPATIONAL
SAFETY AND HEALTH (NIOSH)

The roles of NIOSH are:

d) To conduct primarily applied research and both short term
and long term research on OSH and health issues relevant
to the country.

e) To disseminate information on research and findings on

OSH and health issues in the main and other pertinent
activities undertaken by or on behalf of the Institute and to
be a centre of reference.

AW101/HANISAH/JKE/POLISAS/’11
 SOCIAL SECURITY ORGANIZATION (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 (Act 4).
 Example Scheme : the Employment Injury Insurance Scheme
and the Invalidity Pension Scheme.
 Under this scheme, workers are protected against industrial
accident including accident occurred while working,
occupational diseases, invalidity or death due to any cause.
 On the 1st July 1985,SOCSO from a government department
became a Statutory Body.
 On 1st January 1992,SOCSO implemented its own
remuneration scheme known as Sistem Saraan Baru PERKESO
(SSBP)
AW101/HANISAH/JKE/POLISAS/’11
 SOCIAL SECURITY ORGANIZATION (SOCSO)

The roles of SOCSO are:

a) Registration of employer and employee.
b) Collecting contribution.
c) Processing benefit claims and make payment to the injured
worker and their dependents.
d) Provide vocational and physical rehabilitation benefits and
enhance occupational safety and health awareness of
workers.

AW101/HANISAH/JKE/POLISAS/’11