OSHA slide chapter 1

HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LECTURED BY: MOHD HADRI MOHAMED NOR IR. MOHAMAD NORANI MANSOR


SUBTOPIC 1.1 1.2 1.3 1.4 1.5 1.6

Introduction to OSH OSHA 1994 (Act 154) FMA 1967 (Act 139) EQA 1974 (Act 127) Occupational Safety and Health Management System Safety, Health and Environment Culture


1.1

INTRODUCTION TO OSH

What is OSH Cross-disciplinary area concerned on protecting safety health and welfare related to work.

Protection of workers and others

OSH

Interaction of various disciplines


Reference: Borderless Resources Sdn Bhd


Some Basic Definition Health

Protection of bodies and minds of people from illness resulting from materials, processes or procedures used in workplace

Safety

Measures and practices undertaken to prevent and minimize the risk of loss of life, injury and damage to property and environment

Welfare

The provision of facilities to maintain the health and well-being of individuals at workplace

Hazard

Source or a situation with a potential for harm in terms of human injury or ill health, damage to property, damage to the environment or a combination of these.

Risk

Combination of likelihood of an occurrence of hazardous events and the severity of injury or damage to property or environment or combination of this.

Danger

Relative exposure to hazard


Hazard Classifications Mainly hazard that can cause physical harm

Mechanical

Physical

Electrical

Psychosocial Any factor or situation (stressor) that may cause distress or psychological harm and social problems

Ergonomics Workplace conditions that pose the risk of injury to the musculoskeletal system of the worker

Biological HAZARD

Anything arising from living organisms that poses a threat to human

Chemical Arises from contamination with harmful or potentially harmful chemicals


SAFETY vs. HEALTH

Safety and health although closely related are not the same.

Safety

Health

is concerned with injured – causing situation

is concerned with disease – causing condition

is concerned hazard to humans that result from sudden severe condition.

deal with adverse reaction to prolonged expose to dangerous but less intense hazards

7

3

11

6 2 1 0

4

9

1 2

1 8 1 3

5

8

“hazards = defects on


Why Need to Manage OSH

Legal argument

Economic argument

Humanitarian argument


Legal Argument • General framework • Covers almost industries • As far as practicable • Allow prosecution and compound

Penalty for non-compliance • Max. fine < RM50 000; or • Max imprisonment < 2 years; or • Both • Notice of Improvement & Notice of Prohibition • Max. fine RM500 for continuous offence


Legal Argument • Covers factory only • Control factories’ safety, health and welfare • Registration and inspection of factories and machineries • Command and control approach • Allow prosecution and compound

Penalty for non-compliance • Max. fine < RM250 000; or • Max imprisonment < 5 years; or • Both • Notice of Improvement & Notice of Prohibition • Max. fine RM2000 for continuous offence


Economic Argument


Humanitarian Argument

• Injury - Effect to workers and family • Workers - lose their health, income, careers, dreams, future and happiness • Family – deeply hurt, economically and emotionally


OSH LEGISLATION

ACTS REGULATIONS

M A N D AT O R Y

CODE OF PRACTICE STANDARDS/ GUIDELINES BEST PRACTICES

V O L U N TA R Y


1.2

OSHA 1994 (ACT 154)


LEGAL STRUCTURE ACT • Covers scope and basic provisions • Approved by Parliament • Acts which cover Occupational Safety and Health are: – OSHA 1994, FMA 1967, ABE 1990 and EQA 1974

REGULATIONS • Contains detailed explanations for each provision under the Act • Approved by the Minister

INDUSTRY CODE / GUIDELINE • Guidelines in fulfilling requirements of the relevant Act • Drafting of Code of Practice can be initiated by Industry and approved by DOSH • Not a part of the laws of the nation


SCOPE OF OSHA 1994 Mining & Quarrying

Wholesale & Retail Trade

Construction

Transport, Storage & Communication

Manufacturing

Hotel & Restaurant

Agriculture, Forestry & Fishing

Finance, Insurance, Real Estate & Business

Utilities – Electricity, Water, Sanitary

Public Service & Statutory Authorities EXCEPT Armed Forces & Crew of Merchant Ship


OCCUPATIONAL SAFETY AND HEALTH ACT 1994 An Act to make further provisions for securing the safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National Council for Occupational Safety and Health and for matters connected therewith.


OCCUPATIONAL SAFETY AND HEALTH ACT 1994 Act 514 Occupational Safety and Health Act 1994

Regulations under OSHA 1994

Occupational Safety and Health (Safety and Health Officer) Order 1997 Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

Guidelines

Code of practice


OBJECTIVES OF ACT Ensure safety of workers Protect others at place of work Encourage conducive work environment (physiological and psychological) Improve standard of safety


OSHA 1994 - PHILOSOPHY Duty to ensure safety and health at place of work lies with: • Those who create the risk • Those who work with the risk This Act stresses on: • Self-regulation To handle issues relating to occupational safety and health, employers must develop a good and orderly management system. Starting with formation of a safety and health policy and consequently employers have to make the proper arrangements to be carried out.

• Consultation Where employers, employees and the government must negotiate to settle issues and problems relating to occupational safety and health at the workplace.


CONT • Co-operation and involvement of the workers Where employers and employees must co-operate to take care, nurture and to increase the quality of occupational safety and health at the workplace. Without co-operation between employers and employees, none of the occupational safety and health programmes carried out would succeed.


OSHA 1994 - CONCEPT Accident prevention is an essential part of good management and workmanship Management and workers must cooperate Top management must take the lead A define and known safety and health policy Organization and resources to achieve policy Best available knowledge and methods


SALIENT DEFINITION Employee A person who is employed for wages under a contract of service on or: - who is directly employed by the principal employer; or - who is employed by or through an immediate employer; or - whose services are temporarily lent or let on hire to the principal employer.

Employer Employer – an employer can be either principal employer or immediate employer Immediate employer – an employer who employ an employee directly, by or through him Principal employer – is the owner of an industry


CONT Occupier The person who has the management or control of the place of work.

Place of Work Premises where persons work, or premises used for storage of plant or substance.

Premise Include: - any land, building or part of any building; - any vehicle, vessel or aircraft; - any installation on land, offshore or others - any tent or movable structure


CONT Plant Including any machinery, equipment, appliance, implement or tool, any component thereof or anything fitted, connected or appurtenant thereto.

Practicable - the severity of the hazard risk in question; - the state of knowledge about the hazard or risk and anyway of removing or mitigating the hazard risk; - the availability and suitability of ways to remove or mitigate the hazard or risk; and - the cost of removing or mitigating the hazard or risk.


MAIN PROVISION - ACT Part I – Preliminary Part II – Appointment of Officers Part III – National Council for Occupational Safety and Health Part IV – General Duties of Employers and Self-Employed Person Part V – General Duties of Designers, Manufacturers and Suppliers Part VI – General Duties of Employee Part VII – Safety and Health Organization Part VIII – Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Disease and Inquiry Part IX – Prohibition Against Use of Plant or Substance Part X – Industry Codes of Practice Part XI – Enforcement and Investigation Part XII – Liability for Offences Part XIII – Appeals Part XIV – Regulations Part XV – Miscellaneous


MAIN PROVISION - SCHEDULES i.

First Schedule [Subsection 1(2)] – Scope of Application

ii.

Second Schedule [Section 10] – Safety and Health Committee Membership

iii. Third Schedule – [Paragraph 28(1)(d)] – Occupation Involving Special Risk to Health


MAIN PROVISION - REGULATIONS i.

OSH (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995 ii. OSH (Control of Industrial Major Accident Hazards) Regulations 1996- CIMAH iii. OSH (Safety and Health Committee) Regulations 1996-SHC iv. OSH (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations 1997- CPL v. OSH (Safety and Health Officer) Regulations 1997-SHO vi. OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000- USECHH vii. OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004-NADOOPOD viii. OSH (Classification, Labelling And Safety Data Sheet Of Hazardous Chemicals) Regulations 2013


MAIN PROVISION - ORDER i.

OSH (Safety and Health Officer) Orders 1997

ii.

OSH (Prohibition of Use of Substance) Order 1999


PART IV: GENERAL DUTIES OF EMPLOYERS AND SELFEMPLOYED PERSONS Section 15 - General duties of employers and selfemployed persons to their employees To ensure as far as is practicable, the safety, health and welfare at work of all his employees which include the following : • •

•

The provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risks to health; The making of arrangements for ensuring, so far as is practicable, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances; The provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees;


CONT •

So far as is practicable, as regards any place of work under the control of the employer or self-employed person, the 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;

•

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 regards facilities for their welfare at work. Example An example on what is to be considered as ‘so far as practicable’ would vary in different excavation work. Excavation work can be of different depth. It can be deep or shallow. For 3 feet excavation, benching is sufficient and no shoring required. This is because the risk to injury is very low. If the excavation is very deep, benching is not sufficient and shoring is needed to be carried out although cost for shoring is very high. This is because the risk of injury is high due to occurrences like collapse or landslide.


CONT Section 16 – Duty to formulate safety and health policy It shall be the duty of every employer and every self-employed person to prepare and be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees. • Employers with less than 5 employees exempted this duty.


CONT Section 17 - General duties of employers and self-employed persons to persons other than their employees •

To conduct his undertaking in safe manner, as far as practicable and to inform about the risks associated with their undertaking to persons other than their employees who may be affected.

•

To give to persons, not being his employees, who may be affected by the manner in which he conducts his undertakings, the prescribed information on such aspects of the manner in which he conducts his undertaking as might affect their safety/health.


CONT Section 18 - Duties of an occupier of a place of work to persons other than his employees •

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.

•

A person who has an obligation of any extent in relation to :~ The maintenance or repair of a place of work. ~ The prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work.


Section 19 - PENALTY

DUTY OF EMPLOYER :

RM50,000 OR TWO YEARS JAIL OR BOTH

FINE


PART VI – GENERAL DUTIES OF EMPLOYEES This section provides for general duties of employees at work. Section 24 - General duties of employees at work •

Duty of every employee while at work: ~ To take reasonable care for safety and health of himself and of other persons who may be affected at work; ~ To co-operate with his employer or any other other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any other regulation made thereafter; ~ To wear or use all times PPE provided by the employer; and ~ To comply with any instruction or measure on occupational safety and health.

•

Penalty - fine not exceeding RM 1,000 or to imprisonment for a term not more than three months or both.


PENALTY General duties of employees at work

RM1,000 OR THREE MONTHS JAIL OR BOTH

FINE


CONT Section 25 - Duty not to interfere or misuse things provided pursuant to certain provisions • No one should intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interests of safety, health and welfare an offence and shall, on conviction, • If found guilty, be liable to a fine not exceeding RM20,000 or to imprisonment for a term not more than two years or both. Definition • • • • •

Intentional: Done on purpose. Recklessly: Regardless of consequences or danger Negligently: Lack of proper care or culpable carelessness Interfere: Meddle, intervene, obstruct or be an obstacle. Misuse: Apply to wrong purpose or improper use.


PENALTY Duty not to interfere or misuse things provided pursuant to certain provisions

RM20,000 OR TWO YEARS JAIL OR BOTH

FINE


CONT Section 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 any other regulation made thereafter.


CONT Section 27 – Discrimination against employee •

No employer shall dismiss an employee by reason only that the employee :~ makes a complaint about a matter which he considers is not safe or is a risk to health; ~ is a member or exercises any of his functions as a member of a safety and health committee.

•

No trade union shall take any action on any of its members who, being an employee at a place of work :~ makes a complaint about a matter which he considers is not safe or is a risk to health; ~ is a member of a safety or exercises any of his functions as a member of the safety and health committee established pursuant to this Act; or

•

Penalty for person contravenes this section is fine not exceeding RM 10,000 or to imprisonment for a term not more than one year or both.


PENALTY Discrimination against employee

RM10,000 OR ONE YEAR JAIL OR BOTH

FINE


PART VII – SAFETY AND HEALTH ORGANIZATIONS

Section 28 – Medical surveillance »

Minister may order a medical surveillance if :~ cases of illness he has reason to believe may be due to the nature of the process or other conditions of work; ~ cases of change in process or substance which may cause risk of injury; ~ persons below age 16 years are about to be employed in work which may cause risk of injury; or ~ risk of injury to health from Third Schedule of new substance as result of process changes.

»

Penalty for person contravenes this section is fine not exceeding RM 5,000 or to imprisonment for a term not more than six months or both.


CONT Section 29 – Safety and Health Officer » » » »

»

Safety and health officer shall be appointed to such class of industries as the Minister may published in the Gazette. Shall employ a competent person to act as safety and health officer. Safety and health officer employed for ensuring this Act and any regulation thereafter is followed. The safety and health officer shall possess such qualifications or have received such training as the Minister may from time to time prescribe. Penalty for person contravenes this section is fine not exceeding RM 5,000 or to imprisonment for a term not more than six months or both.


CONT Section 30 – Establishment of safety and health committee at place of work »

Every employer shall establish a safety and health committee at the place of work in accordance with this section if :~ there are 40 or more persons employed at the place of work; or ~ the Director General directs the establishment of such a committee at the place of work.

»

Every employer shall consult the safety and health committee to the making and maintenance of arrangements which will enable him and his employees to co-operate in promoting and developing measures to ensure the safety and health at the place of work and in checking the effectiveness of such measures.

»

Penalty for person contravenes this section is fine not exceeding RM 5,000 or to imprisonment for a term not more than six months or both.


CONT Section 31 – Function of safety and health committee »

The safety and health committee established :~ shall keep under review the measures taken to ensure the safety and health of persons at the place of work; ~ shall investigate any matter at the place of work :- which a member of the committee or a person employed thereat considers is not safe or is a risk to health; and - which has been brought to the attention of the employer; ~ shall attempt to resolve any matter referred to above and, if it is unable to do so, shall request the Director General to undertake an inspection of the place of work for that purpose; and ~ shall have such other functions as may be prescribed.


PART VIII – NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING, OCCUPATIONAL DISEASE, AND INQUIRY

Section 32 - 34 »

Employer to report to the nearest OSH officers of accidents, dangerous occurrence, occupational poisoning and diseases

»

Medical officers to report on scheduled diseases in FMA


PART IX – PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE Section 35 - 36 »

Director General may by order published in the Gazette prohibit the use of any plant or substance which in his opinion is likely to affect the safety and health of persons and work. But before making the order, he should consult any Government department or other body which appears to him to be appropriate.

»

Where the Director General proposes to exercise his power, he shall consult any Government department or other body which appears to him to be appropriate.

»

A person who is aggrieved by this order may, within thirty days of the order, lodge an appeal with the secretary to the Council who shall transmit the appeal to an appeal committee appointed by the Minister.


PART X – INDUSTRY CODES OF PRACTICE Section 37 - 38 »

The Minister may, approve industry codes of practice comprising such directions as may appear to him to be necessary or proper for the guidance of persons in complying with the requirements of the provisions of this Act.

»

The Minister may, from time to time revise the industry codes of practice by amending, deleting, varying or adding to the provision of the industry codes of practice.

»

An industry code of practice may :~ consist of any code, standard, rule, specification or provision relating to occupational safety or health approved by the Minister; or ~ apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the industry code of practice is approved or as amended, formulated or published from time to time.


CONT »

The Minister shall cause to be published in the Gazette the approval of an industry code of practice and the amendment or revocation thereof. Use of industry codes of practice in proceedings

»

It is alleged that a person has contravened or failed to comply with a provision of the Act in relation to which an approved industry code of practice was in effect at the time of the alleged contravention or failure :~ the approved industry code of practice shall be admissible in evidence in the proceedings; and ~ if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention or failure that :- a provision of the approved industry code of practice is relevant to the matter; and - the person failed at any material time to observe the provision of the approved industry code of practice.


PART XI – ENFORCEMENT AND INVESTIGATION Section 39 - 50 »

Director General of OSH

»

OSH officers

»

Certificate of authorization

»

Power of DOSH Officer : - Enter and inspect any place of work - Enter with equipment and authorized persons - Take photos, measurements and samples - Require medical examinations if risk of prescribed disease - Question any person if necessary

»

All persons must assist the officer with entry, inspection, examination and enquiry


CONT »

Contravention can lead to prosecution and / or issue of either an : IMPROVEMENT NOTICES or PROHIBITION NOTICES

»

Notices to person in control

»

Time to comply given (improvement notices)

»

Reason given, contravention explained

»

Must comply with even if appeal

»

Appeal, within 30 days to DG


PART XII – LIABILITY FOR OFFENCES OFFEENCE

MAXIMUM RM and/or

PENALTIES Imprisonment

Duty of employers/self employed

50,000

2 years

Duty of occupier to non employees

50,000

2 years

Duty of designer/manufacturers

20,000

2 years

Failure to comply with NOP/NOI

50,000 + daily fine of RM500

5 years

Duty of employee (general)

1,000

3 months

Duty of employee (interference/misuse)

20,000

2 years

10,000 + damages + reinstatement order

1 year

Discrimination by employer/union


CONT OFFEENCE MAXIMUM RM and/or

PENALTIES Imprisonment

Medical surveillance regulation

5,000

6 months

Duty of occupier to employ SHO

5,000

6 months

Duty of employer to create/consult SHC

5,000

6 months

Disclosure of business secret

20,000

2 years

10,000 + 1,000 day after conviction

1 year

Failure to comply with any other part of the Act or any of the regulation


LACK OF OSHA 1994 Does not covers •

Detail on machinery, equipments

•

Petroleum

•

Environmental

•

Detail on electrical work

•

Detail on construction work

OSHA slide chapter 1

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