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.

including occupational medicine.Concept of OSH (cont. . environmental health. epidemiology. industrial relations. social law. toxicology.)  It may involve interactions among many subject areas. industrial sociology. occupational (or industrial) hygiene. health physics. public policy. medical sociology. safety engineering. public health. ergonomics. labour law and occupational health psychology. chemistry.

Construction  ii.etc.  .Manufactoring  iii.Plantation  iv.Types of occupational accidents: i.

security interests of the people to overcome individual  .Among the causes of accidents at work: i. do not understand what exactly security  iv. underestimate the incidence (memandang rendah insiden)  iii. selfish attitude  ii.

• Occupational safety and health (OSH) legislation is combination of two pieces of legislation : a) Statutory Law b) Common Law .

a) - 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. Deputy Attorney General ) in Criminal Court (pendakwaan oleh Pegawai Kerajaan) .

b) 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 ) .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) . - Law of Tort Tort is a civil wrong .

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. injury and disability in its workforce. . - - Safety programs reduce the potential for workplace injuries .

2.Moral An employee should not have to risk injury or death at work. 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. . nor should others associated with the work environment. 1. many organisations would not act upon their implied moral obligations.

Economic Many governments realize that poor occupational health and safety performance results in cost to the State (e. . from customers and from the wider community). fines.3. through social security payments to the incapacitated. compensatory damages.g. costs for medical treatment. Employing organizations also sustain costs in the event of an incident at work (such as legal fees. investigation time. and the loss of the "employability" of the worker). lost production. lost goodwill from the workforce.

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 . 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) .

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. Statutory Bodies (Badan Berkanun) . occupant . representatives. agent. Local Authorities (PBT). Government Departments.

training and supervision .  provide and maintain safe plant and system of work  make arrangement for safe use.. operation. storage and transportation of plant and substances  provide instruction. handling. information.DUTIES OF EMPLOYER as far as practicable….

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  anez/jka/puo .

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  .

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 . 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 .

Employer’s responsibilities ( Part IV . Section 15 -19 ) Employee’s responsibilities ( Part VI . Section 24 -27 ) .

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 22 .

 . Objectives : To provide control on factories to ensure the safety .Factory and Machinery Act 1967 (ACT 139) - was enacted in 1967 as Act 64. was revised on 1 April 1974 and amended to the Law of Malaysia Act 139. health and welfare of person therein (workers).  For the purpose of registration and inspection of machinery and for matters connected therewith.

Dangerous occurrence And Dangerous Diseases  Part V : Notice Of Occupation Of Factory. Health And Welfare  Part III : Person In Charge And Certificates Of Competency  Part IV : Notification Of Accident. And Registration And Use Of Machinery  Part VI : General  .Contents of Acts : Part I : Preliminary  Part II : Safety.

health and welfare of people at work.  . - Role :  To study and review the policies and legislations of occupational safety and health.Department of Safety and Health (DOSH) - The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources. b) Factories and Machinery Act 1967 and its regulations. To enforce the following legislations : a) Occupational Safety and Health Act 1994 and its regulations. c) Part of Petroleum Act 1984 (Safety Measures) and its regulations. responsible for ensuring the safety.

my )   . To become a secretariat for the National Council regarding occupational safety and health ( Source : www. To conduct research and technical analysis on issues related to occupational safety and health at the workplace.dosh.gov. workers and the general public to foster and increase the awareness of occupational safety and health. To carry out promotional and publicity programs to employers.

niosh.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 organize and participate in various exhibitions.  to consult and to meet the clients request in the effort of elevating OSH in the workplace as the preferred partner in industries.com. seminar and conferences held nationwide as well as advises and supports industries in their safety and health campaign activities.my) . (Source : www.

 provide vocational and physical rehabilitation benefits  enhance occupational safety and health awareness of workers.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.gov. ( Source : www.

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End of chapter…… THANK YOU .

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