Open University Malaysia

OPEN UNIVERSITY MALAYSIA INSTUTITE OF PROFESSIONA PROFESSIONAL L DEVELOPMENT

INDUSTRIAL EXECUTIVE DIPLOMA OCCUPATIONAL SAFETY AND HEALTH

APPLIED OSH MANAGEMENT ASSIGNMENT 1 : OSH LEGAL REGISTER 

LECTURER : EN. AZHAR AHMAD

MATRIC NO : IEDOSH 1210598 I/C NO : 551102-12-5278 CENTRE : OUM KOTA KINABALU INTAKE : KOTA KINABALU -02

OSH LEGAL REGISTER 

INTRODUCTION Occupational safety and health relation comprises of both of common law and statutory law. These act prescribe the employers have duty of care upon their employees. It is also noted that the employees themselves have duties bound to abide the regulation of  OSHA 1994. This regulation is meant to protect the employees from getting injured at their work place via unsafe working condition. In Malaysia, the first legislation was the boiler enactment and machinery ordinance. This was followed by Factories and Machinery Act 1967 and subsequently the occupational Safety and Health Act 1994. The OSHA 1994 provides comprehensive provision in the spectrum of occupational safety and health. The occupational safety and health act (OSHA 1994), was enacted by The Duli Yang MAha Mulia Seri Paduka Baginda Yang Di Pertuan Agong on the advise and consent of  the Dewan Negara and Dewan Rakyat in the Parliament assemble and the authority of  the same as : a. To secure the safety, health and welfare of person at work b. To protect others against risk to safety and health in connection with the activities of person at work c. To establish the national council for safety and health. d. Other related matters The Principles of this act differs from the prescriptive nature of the factories and machinery act. The act addresses the responsibility to ensure a safe and healthy work place with those who create the risk and those who work with the risk. The philosophy advocates three remain principles : a. Self regulation b. Consultations c. Work cooperation and participation Occupational Safety and Health Act 1994 (OSHA 1994) is necessary to overcome the limitation of the Factories and Machinery Act 1967. The approach of the act was based on traditional method using checklist system. The checklist system puts emphasis on workers, system of work, machineries and working environment by preventing accident and industrial diseases. This approach gives the impression the responsibility of  occupation safety and health purely live in government control. Industries becoming too dependent on the government control. The occupational Safety and Health Act 1994 (ACT 514) was gazette on February 24 1994. Among others, the legislation requires all employers with more than five employees, to formulate a written safety and health policy of their work place section 16 of Act 514 state.  Accept in such cases as may be prescribed, it shall be the duty of every employers and every self employed person to prepare and as often as may be appropriate revise and written statement on his general policy with respect of his employees and the organization and arrangement for the time being in force for carrying out policy, to bring the statement and any revising of it to the notice of all his employees.

The safety and health policy should demonstrate the company concern and commitment to ensure safety and health of the employees. It act as a basic for  developing and implementations programmed for securing safety and health at the workplace. Finally it affects all work activities and decision making process of the organization.

COMPANY BACKGROUND RJ Logistic was established way back 1996 having offices in Kota Kinabalu, Sandakan and Tawau. It¶s a 100% Bumiputera Company. The company main business is shipping and forwarding activities related to Transportation by Air, Sea and Land, warehousing, packaging and door to door  delivery. The company has 5 numbers of 3 tonnage lorry. There are 18 people on board, comprises of administrate staff, operation staff (packers). Most of the job contract engaged from both government agencies as well as private sector. The daily activities of the staff values from job description:   Administrative:

mainly look after financial, marketing, government liaisons and staff  welfare

Packers:

packing all cargo and material that need to be sent. loading unloading from lorry and container 

Driver:

too delivery of incoming consignment to the consignee concerned and transport cargo or used personal effect from the costumer  residence to the site container for stuffing purposes. Later shipped out via Spanggar Port

The following act or regulation which the company should comply to

CONCLUSION Employers should give top priority to formulate written and health policy for their  workplace to ensure the success of their safety and health programmed. It is also equally important that employers ensure that what is written down is being implemented at their workplace. Safety and health policy is not a just scrap of paper but a living document merely to protect the safety of the workers as well as the property and environment of an organization. Maintaining zero accident, help to prevent lost time unfairly which prevent worker from the performing normal work and lead permanent or a temporary in capacity for work and a lost time injury where no work is lost beyond that is required for medical attention.  Although the regulation cannot absolutely prevent accident, they will at least act as a reminder what is considered to be a minimum good standard. The regulation can help to ensure the good standard and help to prevent accident to happen. Prevention of accident benefit the companies such as manufactures, ordinary workers, the public and the environment of the country as a whole. Indeed accident prevention reflect the productivities of a company as well as workers efficiency. Once accident can be preventer we can also programmed our company and the surrounding public will not always feel at risk once. They know the plant is running safe. Thus compliance with OSHA 1994 FMA 1967 will make the organization safer intern of  employee injury and occurrence of accident in the plant. As for the employer besides complying with the act. Maintaining record of irregularity in the plant will help the HSO.

The obligations register is designed as a repository for legal documents relating to compliance with the various legal acts and regulations. By making the register available online, people can determine their obligations and entitlements in relationship to the law.