AW 201 – OCCUPATIONAL SAFETY AND HEALTH 2
What is OSH ??????
Occupational Safety and Health is a condition in which an employee needs a work environment that is safe and healthy for themselves and others who may be affected by its activities
Concept of OSH
Occupational health and safety is a crossdisciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational health and safety programs is to foster a safe work environment. As a secondary effect, it may also protect coworkers, family members, employers, customers, suppliers, nearby communities, and other members of the public who are impacted by the workplace environment.
It may involve interactions among many subject areas. chemistry. industrial relations. labour law and occupational health psychology. toxicology. safety engineering. epidemiology. environmental health. occupational (or industrial) hygiene.Concept of OSH (cont. medical sociology. health physics. public policy. public health. including occupational medicine. industrial sociology.
. social law. ergonomics.
Construction ii.Plantation iv.
.Manufactoring iii.Types of occupational accidents:
do not understand what exactly security iv.Among the causes of accidents at work:
i. underestimate the incidence (memandang rendah insiden) iii. selfish attitude ii. security interests of the people to overcome individual
Occupational safety and health (OSH) legislation is combination of two pieces of legislation : a) Statutory Law b) Common Law
Deputy Attorney General ) in Criminal Court (pendakwaan oleh Pegawai Kerajaan)
Statutory Law Comprises of Acts and Regulations (akta & peraturan) Legislated by Government (digubal oleh kerajaan) Violation of statutory law is crime (melanggar undang-undang berkanun adalah jenayah) Penalties and imprisonment (penalti dan penjara) Prosecution by Government Officer (e.g.
Common Law Judgments by Judges and the Civil Court Enables the injured party to make claims against the defaulting party (pihak cedera boleh buat tuntutan kepada pihak yang ingkar) Application for trial is made by the lawyer appointed by the injured person Upon conviction ( monetary compensation ) (sabit kesalahan – pampasan)
Law of Torts Law of Contract
Classification of torts : i) Nuisance (kacau ganggu) ii) Negligence (kecuaian) iii) Defamation (fitnah) iv) Trespassing ( pencerobohan )
Law of Tort
Tort is a civil wrong .Allows the injured party to make a claim against the party committing the wrongful act (Pihak yang cedera untuk membuat tuntutan terhadap pihak yang melakukan perbuatan salah) .
Safety programs reduce the potential for workplace injuries .
. injury and disability in its workforce. A safe and healthy workplace has low risks of injuries or damage to property and low incidents of illness.Importance of safety in workplace
Workplace safety is essential for providing a safe environment in which employees can work with minimal risk to their health.
Legal Occupational requirements may be reinforced in civil law and/or criminal law.
. it is accepted that without the extra "encouragement" of potential regulatory action or litigation. 2. many organisations would not act upon their implied moral obligations. nor should others associated with the work environment.
1.Moral An employee should not have to risk injury or death at work.
from customers and from the wider community). costs for medical treatment. compensatory damages. lost production. and the loss of the "employability" of the worker). investigation time.
Employing organizations also sustain costs in the event of an incident at work (such as legal fees.g. lost goodwill from the workforce. Economic Many governments realize that poor occupational health and safety performance results in cost to the State (e. fines. through social security payments to the incapacitated.
not responsible for any actions by the worker which do not fall within the scope of his job such as horseplay while at work ”
(Smith vs Crossley Bros Ltd)
.Duty of care
An employer has legal responsibilities to ensure the health and safety of its employees and others on the work site.
“ Employers are not exempted from the responsibility under duty of care even though he has assigned a competent person to execute the task”
(Wilsons and Clyde Coal vs English)
“ Employers are however .
representatives. Local Authorities (PBT). Statutory Bodies (Badan Berkanun)
. agent.Meaning of 'employer ’ (according to 1994 Act)
Direct employer / the owner of an industry / a person with whom an employee has contract and services
Manager. Government Departments. occupant .
information. provide and maintain safe plant and system of work make arrangement for safe use. storage and transportation of plant and substances provide instruction.. handling.DUTIES OF EMPLOYER
as far as practicable…. training and supervision
as far as practicable…… provide and maintain safe place of work and means of access to and egress from any place of work provide and maintain safe and healthy working environment and adequate welfare facilities
Who is 'employee’ (according to 1994 Act) ????
A person who is employed and be paid under the contract on or in connection with the industry Employed directly by the employer Employed by the employer under the supervision of the employer or his agent The services are lent or hired by the employer
Duty of employee
Reasonable care for safety and health of himself and others Co-operate with employer and others Wear and use PPE Comply with instruction on OSH
health and welfare of persons at work To protect others against risk to safety and health in connection with the activities of persons at work To establish the National Council for Safety and Health
.Occupational Safety and Health 1994 (Act 514)
was enacted on 25 February 1994 by the Duli Yang Maha Mulia Seri Paduka Yang DiPertuan Agong.
Objectives of Act :
To ensure the safety .
Section 15 -19 )
Employee’s responsibilities ( Part VI . Section 24 -27 )
.Employer’s responsibilities ( Part IV .
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
Code of practice
For the purpose of registration and inspection of machinery and for matters connected therewith.
. was revised on 1 April 1974 and amended to the Law of Malaysia Act 139.
Objectives : To provide control on factories to ensure the safety .Factory and Machinery Act 1967 (ACT 139)
was enacted in 1967 as Act 64. health and welfare of person therein (workers).
Health And Welfare Part III : Person In Charge And Certificates Of Competency Part IV : Notification Of Accident.Contents of Acts : Part I : Preliminary Part II : Safety. And Registration And Use Of Machinery Part VI : General
. Dangerous occurrence And Dangerous Diseases Part V : Notice Of Occupation Of Factory.
health and welfare of people at work. responsible for ensuring the safety.
.Department of Safety and Health (DOSH)
The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources. c) Part of Petroleum Act 1984 (Safety Measures) and its regulations. b) Factories and Machinery Act 1967 and its regulations.
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.
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.dosh. To become a secretariat for the National Council regarding occupational safety and health ( Source : www. workers and the general public to foster and increase the awareness of occupational safety and health.my )
seminar and conferences held nationwide as well as advises and supports industries in their safety and health campaign activities.com.my)
. to organize and participate in various exhibitions.National Institute of Occupational Safety and Health (NIOSH)
Role : to disseminate information to the industries as well as the public as whole by the infrastructure development and the information technology software . to consult and to meet the clients request in the effort of elevating OSH in the workplace as the preferred partner in industries.niosh. (Source : www.
provide vocational and physical rehabilitation benefits enhance occupational safety and health awareness of workers.gov.
( Source : www.perkeso.my )
.Social Security Organisation (SOCSO)
Role : Registration of employer and employee collecting contribution processing benefit claims make payment to the injured worker and their dependents.
End of chapter……