CHAPTER 1- INTRODUCTION TO OCCUPATIONAL

SAFETY AND HEALTH (OSH) AND LEGISLATION

C ourse Learni ng Outcome (CLO)

• Identify the OSH lesgislation and

Compliance in Malaysia
Topic

• Concept of occupational safety and health (OSH)

1.1

• Importance of Safety in workplace

1.2

• Statutory requirements.
1.3

• The role of safety and health organization in Malaysia

1.4
Introduction
1.1 Concept of occupational safety and health (OSH)

• Occupational safety and health (OSH) is a cross disciplinary area

concerned with protecting the safety, health and welfare of
people engaged in work or employment.
• The goals of occupational safety and health programs include to
foster a safe and healthy work environment.
• OSH may also protect co-workers, family members, employers,
customers and many others who might be affected by the
workplace environment
History of OSH

• Evolution of OSH Legislation in Malaysia

 1844 British legislation – specific safety and health
 Piecemeal legislation and regulations for example
• Transporting machinery on the train1972 Lords Roben
“Committee of inquiry” – Robens Report on OSH
• Factories and Machinery Act (139) in 1967 - Part II
Safety, Health And Welfare – enforced 1970.
• Occupational Safety and Health Act (514) 1994
Why Safety is so importance in the
workplace?
1.2 Duty Of Care

• Employers have a duty of care towards their employess.

• Duty of care is a moral or legal obligation to ensure the safety,
health and well-being of others.
• Legally, employes must abide by the relevant safety and health
employment law, as well as common duty of care law.
• Employers also have a moral and ethical duty not to cause
physiological or physical injury and must fulfil their responsibilities
with respect to personal injury and negligence claims.
Requirements under an employer’s duty of care are wide
ranging and visible in different types of views such as:

• Defining jobs clearny and undertaking risk assessment

• Ensuring a safe working environment
• Providing adequate training and feedback on performance
• Setting up and incentive programme to promote safety
• Ensuring that employees do ot work excessive hours that may lead
to inadequate periods of rest and recuperation
• Providing enough areas for rest and relaxation
• Protecting employees from discrimination
Major Safety Terminologies

i. Safe
The condition of being safe from undergoing and causing hurt,
injury or loss
ii. Hazard
A hazard introduces the potential for an unsafe condition, possibly
leading to an accident.
iii. Risk
The probability or likelihood of hazard resulting in an
accident
Major Safety Terminologies

iv. Incident
Undesired circumstance that produces the potential for an
accident
v. Accident
An accident is unplanned event, which could result in to
persons, or in damage to plant and equipment or both.
Major Safety Terminologies

vi. Accident cost

Accident cost includes medical payment,compensation,
overtime for replacement workers,production delays, product or
material damage,training of replacements, accident investigation
cost, building or complex damages, equipment damages and
business interruptions.
1.3 Statutory requirements.
CARTEGORY OF OSH LEGISLATION IN
MALAYSIA
Common OSH laws:

a. Occupational Safety and Health 1994 (OSHA 1994)

 Rujukan\ve_OSHA.pdf

b. Factory and Machinery Act 1967 (FMA 1967)

Rujukan\ve_acts139.pdf
OCCUPATIONAL SAFETY AND HEALTH ACT
1994, (ACT 514)

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 there with
 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
ABOUT OSHA

• 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
COMMON TERMS of OSHA

• Government
- Federal, state or local government
• Immediate employers
- Employee directly employed by or through him
• Principal employers
- Owner of industry
- Occupier
- Government
- Legal representative of deceasedowner or occupier
COMMON TERMS of OSHA

• Employee/Workers
- Directly employed by principal
- Employed by or through immediate employer
- Temporary engage to principal by manpower supply firm
• Occupier
- Person who manage or has control over a work place
COMMON TERMS of OSHA

• So far as is practicable – execute anyaction after consider

- Severity of hazard and risk
- State of available knowledge on hazard and risk and
mitigation action
- Availability and suitability of ways to mitigate the hazard/risk
- The cost of mitigation
COMMON TERMS of OSHA
• Premises
- Land, building & part of it
- Vehicle, vessel or aircraft
- Installation on water and land
- Tent and movable structure
• Place of works
- Premises where person work or use for storage
• Plant
- Machinery, equipment, appliance, tools and part of it incl.
accessories
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
OBJECTIVES OF THE ACT

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.
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 NOT apply to work on board ships and armed
forces (S. 1(3)) – they have their own ordinances.
CONTENTS
PART I – PRELIMINARY
PART II – APPOINTMENT OF OFFICERS
PART III – NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH
PART IV – GENERAL DUTIES OF EMPLOYERS AND SELF EMPLOYED
PERSONS
PART V – GENERAL DUTIES OF DESIGNERS, MANUFACTURERS AND
SUPPLIERS
PART VI – GENERAL DUTIES OF EMPLOYEES
PART VII – SAFETY & HEALTH ORGANISATIONS
PART VIII – NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE,

OCCUPATIONAL POISONING AND OCCUPATIONAL DESEASES

AND INQUIRY
PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
PART X – INDUSTRIES CODE OF PRACTICE
PART XI – ENFORCEMENT AND INVESTIGATION
PART XII – LIABILITY FOR OFFENCES
PART XIII – APPEALS
PART XIV – REGULATIONS
PART XV – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE
PART XV - MISCELLANEOUS
PART III (section 8,9 & 11
National council for occupational Safety & health

a) Section 8 - Establishment of the Council. There shall be

established a council called the "National Council for
Occupational Safety and Health“.
b) Section 9 - Membership of the Council.
c) Section 11 – ( The power of council) The Council shall have
power to do all things expedient or reasonably
necessary for or incidental to the carrying out of
the objects of this Act.
PART IV (Section 15-19)
General duties of employers and selfemployed
persons

a) Section 15 - General duties of employers and self-employed

persons to their employees.
b) Section 16 - Duty to formulate safety and health policy
c) Section 17 - General duties of employers and self-employed
persons to persons other than their employee
d) Section 18 - Duties of an occupier of a place of work to persons
other than his employees
PART IV (Section 15-19)
General duties of employers and selfemployed
persons

e) Section 19 - Penalty for an offence under section 15, 16, 17 or 18

• PENALTY FOR OFFENCE (15-18)
FINE : Not exceeding RM 50,000.00
IMPRISONMENT : Not exceeding 2 years Or BOTH
PART VI (section 24 -27)
General duties of employees

a) Section 24 - General duties of employees at work

b) Section 25 - Duty not to interfere with or misuse things provided
pursuant to certain provisions
c) Section 26 - Duty not to charge employees for things done or
provided
d) Section 27 - Discrimination against employee, etc.
Factory and Machinery Act 1967 (FMA 1967)

In the year 1967, the Factory and machinery act was approved by
the parliament of Malaysia.
In 1970 the Factory and machinery act and eight regulation under
the act were enforced.
This act was legislated to overcome the weakness in Machinery
Ordinance 1953
 They were not protected if they are working in the
workplace
that doesn’t use machinery
Factory and Machinery Act 1967 (FMA 1967)

What is FMA ?

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.
[1 February 1970]
Factory and Machinery Act 1967 (FMA 1967)

Included
• SIX Parts with 59 Sections
1. Part i - Preliminary
2. Part ii – Safety, health and welfare
3. Part iii – Person in charge and certificates of competency
4. Part vi – Notification of accident, dangerous occurance and
dangerous diseases
5. Part v - Notice of occupation of factory, And registration And use
of machinery
Factory and Machinery Act 1967 (FMA 1967)

• THREE SCHEDULE
1. FIRST SCHEDULE – Dangerous Occurrence
2. SECOND SCHEDULE – Serious Bodily Injury
3. THIRD SCHEDULE – Notifiable Occupational Diseases
Factory and Machinery Act 1967 (FMA 1967)
Part i – Preliminary

• Factory
• Terms & definition of;
- Chief Inspector/Inspector
- Building Operations
- Works of Engineering Construction
- Lifts/Hoisting machine/Machinery/Guards
•
Factory and Machinery Act 1967 (FMA 1967)
Part i – Preliminary

Terms & definition of;

- Unfired pressure vessel
- Bodily injury
- Certificate of fitness/ competency
- Engineer / Licensed person/Young person
Factory and Machinery Act 1967 (FMA 1967)
Part i – Preliminary

• Section 4. Appointment of officers.

• Section 5. Supervision of officers.
• Section 6. Officers are public servants.
• Section 7. Powers of an Inspector.
• Section 7A. Entry into premises with a search warrant and the
power of seizure.
Factory and Machinery Act 1967 (FMA 1967)
Part i – Preliminary

• Section 7B. Entry into premises without a search warrant and the
power of seizure
• Section 7C. Service of list of things seized.
• Section 7D. Appointment, powers and duties of a licensed person
Factory and Machinery Act 1967 (FMA 1967)
Part ii – Safety, health and welfare

• Section 12. Lifting of weights.

• Section 13. Provisions against fire.
• Section 19 and 19A. Certificate of Fitness and Revoke of
certificate due to fraud.
• Section 20. Duties of persons employed.
• Section 24. Personal protective clothing and appliances.
Factory and Machinery Act 1967 (FMA 1967)
Part iii – Person in charge and certificates of competency

• Section 25. Provision relating to welfare .

• Section 26. Training and supervision of inexperienced workers.
• Section 28. Young persons.
Factory and Machinery Act 1967 (FMA 1967)
Part vi – Notification of accident, dangerous occurance
and dangerous diseases

• Section 31. Accidents and dangerous occurrence to be

reported.
• Section 32. Notification of occupational diseases.
Factory and Machinery Act 1967 (FMA 1967)
Part v - Notice of occupation of factory, And registration
And use of machinery

• Section 34. Operation of factory.

• Section 35. Building operations or works of engineering
construction.
• Section 36. Installation of machinery, etc.
• Section 37. Application for registration.
• Section 38. Register.
• Section 39. Moving or alteration of or addition to machinery to
be approved.
• Section 40. Periodical inspections.
COMPARISN BETWEEN 0SHA 1994 AND FMA
1967
FMA 1967 OSHA 1994
Scope Only cover OSH in the Cover all economic activities &
manufacturing, mining, quarrying, government except armed forces &
works of engineering and seafarers
construction Cover 24 % of the man Cover 90% of the man power
power
Approach - Prescriptive - self regulation
- Too dependent on government - supported by code of practices,
- Concern for inspection by guidelines etc
regulation - tripartite responsibilities
- authorities - worker cooperation & participation
COMPARISN BETWEEN 0SHA 1994 AND FMA
1967
FMA 1967 OSHA 1994
Objective - focus on control of factories - to safeguard, health & welfare
& machinery of
- registration & inspection of employees & those at the place
machines
- less provision for health of work for example visitors,
contractors etc
1.4 The role of safety and health organization in Malaysia
THE ROLE OF DEPARMENT OF SAFETY AND
HEALTH (DOSH)

Intoduction
Started from April 1994 the Department of Factory and Machinery
has been renamed as the Department of Occupational Safety and
Health (DOSH) and the Inspectors are called Occupational Safety
and Health Officers
THE ROLE OF DEPARMENT OF SAFETY AND
HEALTH (DOSH)

FUNCTION OF DOSH
To study and review the policies and legislations of occupational
safety and health.
To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its regulations.
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its
regulations
THE ROLE OF DEPARMENT OF SAFETY AND
HEALTH (DOSH)

FUNCTION OF DOSH
To conduct research and technical analysis on issues related to
occupational safety and health at the workplace.
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.
To become a secretariat for the National Council regarding
occupational safety and health
THE ROLE OF NATIONAL INSTITUE OF OCCUPATIONAL
INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH
(NIOSH)

Intoduction
NIOSH (National Institute of Occupational Safety and Health) was
established on 24 June 1992 as a Company Limited by Guarantee,
under the Malaysian Companies Act, 1965.
THE ROLE OF NATIONAL INSTITUE OF OCCUPATIONAL
INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

FUNCTION OF NIOSH
 To provide training and education of Safety and Health
 Organize and participate in Safety and Health exhibition
 Organize and participate in Safety and Health seminar and
conferences
 Support industries in their safety and health campaign activities
THE ROLE OF SOCIAL SECURITY
ORGANISATION (SOCSO)

Introduction
SOCSO was established in1971 to implement and administer the
social security scheme under the Employee’s Social Security Act
1969 (Act 4)

Under the scheme, worker are protected against industrial

accident including accident occur while working, occupational
diseases, invalidity or death due to any cause.
THE ROLE OF SOCIAL SECURITY
ORGANISATION (SOCSO)

FUNCTION OF SOCSO
• registration of employer and employee to SOCSO Scheme
• collecting contribution, processing benefit claim and make
payment to injured worker and their dependents.
• provide vocational and physical rehabilitation benefits and
enhance occupational safety and health awareness of worker.
Sumarrize the function of safety and health
organization in Malaysia