Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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
INTRODUCTION TO OSH
Cross-disciplinary area concerned on protecting safety health and welfare related to work.
OSH
Safety
Welfare
Hazard
Risk
Danger
Hazard Classifications
Mainly hazard that can cause physical harm
Mechanical Psychosocial
Any factor or situation (stressor) that may cause distress or psychological harm and social problems
Physical
Electrical
Biological HAZARD
Anything arising from living organisms that poses a threat to human
Ergonomics
Workplace conditions that pose the risk of injury to the musculoskeletal system of the worker
Chemical
Arises from contamination with harmful or potentially harmful chemicals
Safety and health although closely related are not the same.
Safety is concerned with injured causing situation is concerned hazard to humans that result from sudden severe condition.
Health is concerned with disease causing condition deal with adverse reaction to prolonged expose to dangerous but less intense hazards
3 6 2
7
11
10
1 2
1 8
1 3
hazards = defects on
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
M A N D A T O R Y
V O L U N T A R Y
1.2
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
Construction
OCCUPATIONAL SAFETY AND HEALTH ACT 1994 Act 514 Occupational Safety and Health Act 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
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
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.
iii. Third Schedule [Paragraph 28(1)(d)] Occupation Involving Special Risk to Health
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
PENALTY
General duties of employees at work 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 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 FINE
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
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.
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
CONT
OFFEENCE MAXIMUM RM and/or 5,000 5,000 5,000 20,000 10,000 + 1,000 day after conviction PENALTIES Imprisonment
Medical surveillance regulation Duty of occupier to employ SHO Duty of employer to create/consult SHC Disclosure of business secret Failure to comply with any other part of the Act or any of the regulation