CHAPTER 1:

OSH
LEGISLATION

Occupational Safety & Health Act

Act 514
(OSHA 1994)

"SELF REGULATION"

ACT 514
*

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.
(25th February 1994)

O S H

L E G I S L A

T I O N

OSHA 1994

Spirit of OSHA 1994

Self Regulation
Workers Cooperation & Consultation
All economic activities except shipping and armed forces
Philosophy and Guiding principles
Responsibilities for OSH lies with those WHO CREATE THE RISK
(employer) and those WHO WORK WITH THE RISK (employee)
Concept of so far as is REASONABLE/PRACTICABLE

O S H

L E G I S L A

T I O N

Objectives of OSHA 1994

to secure the safety, health and welfare of persons at work against risks out of
the activities at work;
to protect person at a place of work other than persons at work against risks
out of the activities at work;

to promote an occupational environment for persons at work which is adapted

to their physiological and psychological needs.

to provide the means to be progressively replaced by a system of regulations

and approved industry codes.. to maintain or improve the standards of safety
and health.

O S H

L E G I S L A

T I O N

DUTIES OF EMPLOYERPart IV Section 15

(1)

To ensure, so far as is
practicable, the safety, health
and welfare at work of all his
employees.

O S H

L E G I S L A

T I O N

DUTIES OF EMPLOYERPart IV
Section 16
DUTY TO FORMULATE OSH POLICY

To prepare the written statement

Appropriately revise a written statement

The organisation and arrangements for carrying

out that policy.

Revision of policy

Notify the employees

O S H

L E G I S L A

T I O N

DUTIES OF EMPLOYERPart IV Section 17

Duties of employer to persons other than their

employees

Part IV Section
18

Duties of occupier to persons other than their employees

O S H

L E G I S L A

T I O N

Penalty for offence ( Sec 15 - 18)

Part IV
Section 19

FINE : Not exceeding RM 50,000.00

IMPRISONMENT : not exceeding 2 years

or BOTH

O S H

L E G I S L A

T I O N

DUTIES OF EMPLOYERPart VII : Safety &

Health Organisations

Sec 28 : Medical Surveillance

Sec 29 : Safety & Health Officer

Sec 30: Safety & Health Committee

RM 5,000.00 or 6 month or both for each

section

O S H

L E G I S L A

T I O N

DUTIES OF EMPLOYER
U

Part VIII : Notification of Accident, Dangerous

Occurrence, Occupational Poisoning &
Disease
Inquiry
Shall notify
theand
nearest
DOSH office

Medical Practitioner shall report to DG

GENERAL PENALTY :
Any act or omission contravenes any provision of this Act ;
10,000.00 and/or 1 YEAR

RM

Continuing offence RM 1000.00/day or part of a day if offence

continues after conviction
8

O S H

L E G I S L A

T I O N

GENERAL DUTIES OF EMPLOYEES

24 . (1)
work :-

It shall be the duty of every employee while at

(a)

to take reasonable care for the safety and health of

himself and of other persons who may be affected by his
acts or omissions at work;

(b)

to co-operate with his employer or any other person in

the discharge of any duty or requirement imposed on the
employer or that other person by this Act or any regulation
made thereunder;

O S H

L E G I S L A

T I O N

GENERAL DUTIES OF EMPLOYEES

c)

d)

to wear or use at all times any protective

equipment or clothing provided by the employer
for the purpose of preventing risks to his safety
and health; and
to comply with any instruction or measure on
occupational safety and health instituted by his
employer or any other person by or under this Act
or any regulation made thereunder.
10

O S H

L E G I S L A

T I O N

GENERAL DUTIES OF EMPLOYEES

24

(2). A person who contravenes the

provisions of this section shall be guilty
of an offence and shall, on conviction,
be liable to a fine not exceeding one
thousand ringgit or to imprisonment
for a term not exceeding three
months or to both.

O S H

L E G I S L A

T I O N

GENERAL DUTIES OF EMPLOYEES

25. A person who intentionally, recklessly or
negligently interferes with or misuses
anything provided or done in the interests
of safety, health and welfare in pursuance
of this Act shall be guilty of an offence and
shall, on conviction, be liable to a fine not
exceeding twenty thousand ringgit or
to imprisonment for a term not exceeding

O S H

L E G I S L A

T I O N

GENERAL DUTIES OF EMPLOYEES

27.

(1) No employer shall dismiss an employee, injure him

in his employment, or alter his position to his
detriment by reason only that the employee :(a) makes a complaint about a matter which he considers is not
safe or is a risk to health;
(b)

is a member of a safety and health committee

established pursuant to this Act; or

(c) exercises any of his functions as a member of the safety

and health committee.

FMA 1967 vs OSHA 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

Guideline
s

Code of
practice

Regulations
*

i.
ii.
iii.
iv.
v.
vi.
vii.

OSH (Employers' Safety and Health General Policy Statements) (Exception)

Regulations 1995
OSH (Control of Industrial Major Accident Hazards) Regulations 1996- CIMAH
OSH (Safety and Health Committee) Regulations 1996-SHC
OSH (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations
1997- CPL
OSH (Safety and Health Officer) Regulations 1997-SHO
OSH (Use and Standards of Exposure of Chemicals Hazardous to Health)
Regulations 2000- USECHH
OSH (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and
Occupational Disease) Regulations 2004-NADOOPOD

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Guidelines for Public Safety and Health at Construction Site

1994
Guidelines on Occupational Safety and Health in the Office
1996
Guidelines on First-Aid Facilities in the Workplace
1996
Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination
1996
Guidelines on Method of Sampling and Analysis for Airborne Lead
1997
Guidelines for the Formulation of a Chemical Safety Datasheet
1997
Guidelines for the Classification of Hazardous Chemicals
1997
Guidelines for Labelling of Hazardous Chemicals
1997
Guidelines on Occupational Safety and Health in Tunnel Construction
1998
Garispanduan Pendaftaran Tenaga Pengajar &Pengendalian Kursus Induksi Keselamatan & Kesihatan Pekerja Sektor Binaan
Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health Doctor (OHD)
2000
Guidelines for the Preparation of a Chemical Register
2000
Guidelines on Trenching for Construction Safety
2000
Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd Edition)
2000
Guidelines on the Control of Chemicals Hazardous to Health
2001
Guidelines on Medical Surveillance
2001
Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am)
2001
Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Penstoran Gas Petroleum Cecair Di Dalam Selinder)
2001
Panduan Bagi Pencegahan Tekanan Dan Keganasan Di Tempat Kerja
2001
Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health
2002
Guidelines on Occupational Safety and Health for Standing at Work
2002
Guidelines on Reproductive Health Policy & Programmes at the Workplace
2002
Guidelines on Occupational Safety and Health in Agriculture
2002
Guidelines on Occupational Vibration
2003
Guidelines on Occupational Safety and Health for Seating at Work
2003
Garispanduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan dan Kesihatan
2003
Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation
2003
Guidelines on Gender Issues in Occupational Safety and Health
2003
Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDUs)
2003
Guidelines on Occupational Safety and Health In Logging Operations
2004
Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace
2004
Guidelines on Occupational Safety and Health In Service Sector
2004
Guidelines on First-Aid in the Workplace (2nd Edition)
2004
Guidelines on Occupational Health Services
2005

2000

Department of Occupational Safety and Health (DOSH)

*

Functions of the DOSH

1. To study and review the policies and legislations of occupational
safety and health.
2. To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its regulations
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its regulations.

Department of Occupational Safety and Health

(DOSH)

Functions of the DOSH.continued

3.

To conduct research and technical analysis on issues related to occupational safety

and health at the workplace

4.

To carry out promotional and publicity programs to employers, workers and the
general public to foster and increase the awareness of occupational safety and health

5.

To provide advisory service and information to government and private agencies

pertaining to management and technical aspects of occupational safety and health

6.

To become a secretariat for the National Council regarding occupational safety and
health

National Institute of Occupational Safety

and Health (NIOSH)

CORE BUSINESS
Training
Consultancy
Information Dissemination
Research & Development
Certification
Higher Learning : EDOSH, MOSH

SOCIAL SECURITY ORGANISATION (SOCSO)

*

THE EMPLOYEES SOCIAL SECURITY ACT OBJECTIVES

Guarantee timely and adequate benefit payment to
the workers and their dependents
Provision of medical care
Provision of Physical and vocational rehabilitation
Promote accident prevention measures and work

safety

Safety and Health Activities

*

SOCSO had provided financial assistance to various

agencies and organizations in order to support their

effort.
SOCSO had approved to financing more than 40 safety
courses and seminars organized by non-government
bodies and institutions.
SOCSO had also embarked into production of
Occupational Safety And Health Video series.
Training to all GPs & SOCSO panel before becoming
SOCSO panel.