Chapter 1 (Unit 1.1 - 1.2)

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

1/56

HEALTH, SAFETY AND

ENVIRONMENTMANAGEMENT

LECTURED BY:

PN. NORHAYATI NGADIMANPM HJ. ISMAIL YUSOF

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

2/56

SUBTOPIC

1.1 Introduction to OSH1.2 OSHA 1994 (Act 154)

1.3 FMA 1967 (Act 139)

1.4 EQA 1974 (Act 127)

1.5 Occupational Safety and Health Management System

1.6 Safety, Health and Environment Culture

HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

3/56

1.1 INTRODUCTION TO OSH


What is OSH

OSH

Cross-disciplinary area concerned on protecting safety health and welfare

related to work.

Interaction of various disciplines

Protection of

workers and others

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

4/56


Reference: Borderless Resources Sdn Bhd

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

5/56

Health

Safety

Protection of bodies and minds of people from illness

resulting from materials, processes or procedures

used in workplace

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 andwell-being of individuals at workplace

HazardSource 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.

RiskCombination 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

Some Basic Definition


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

6/56

HAZARD

Psychosocial

Ergonomics

Physical

Chemical

Biological

Mechanical Electrical


Hazard Classifications

Mainly hazard that can cause

physical harm

Anything arising from living

organisms that poses a threat to

human

Arises from contamination with

harmful or potentially harmful

chemicals

Workplace conditions that pose the

risk of injury to the musculoskeletal

system of the worker

Any factor or situation (stressor)

that may cause distress or

psychological harm and social

problems

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

7/56

SAFETYvs. HEALTH

Safety Health

is concerned with injured

causing situation

is concerned with disease

causing condition

is concerned hazard to

humans that result fromsudden severe condition.

deal with adverse reaction to

prolonged expose todangerous but less intense

hazards

Safety and health although closely related are not the same.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

8/56

8hazards = defects on

2

3

1

6

4

7

9

1

3

8

1

2

5

11

10

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

9/56


Why Need to Manage OSH

Legal argument Economic argument Humanitarian argument

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

10/56


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

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

11/56


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

HEALTH SAFETY AND ENVIRONMENT MANAGEMENT

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

12/56


Economic Argument


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

13/56


Humanitarian Argument

Injury - Effect to workers and family

Workers - lose their health, income, careers, dreams, future and happiness

Familydeeply hurt, economically and emotionally


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

14/56

ACTS

REGULATIONS

CODE OF PRACTICE

STANDARDS/

GUIDELINES

BEST PRACTICES

V

O

L

U

N

TA

R

Y

M

A

N

D

AT

O

R

Y

OSH LEGISLATION



8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

15/56


1.2 OSHA 1994 (ACT 154)


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

16/56


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

LEGAL STRUCTURE


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

17/56

SCOPE OF OSHA 1994

Mining & Quarrying

Construction

Manufacturing

Agriculture, Forestry

& Fishing

UtilitiesElectricity,

Water, Sanitary

Wholesale & Retail

Trade

Transport, Storage

& Communication

Hotel & Restaurant

Finance, Insurance,

Real Estate & Business

Public Service &

Statutory Authorities

EXCEPT

Armed Forces

&

Crew of Merchant Ship


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

18/56


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

19/56


Act 514

Occupational Safety and Health Act 1994

Regulations under OSHA 1994

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

Guidelines Code of practice

OCCUPATIONAL SAFETY AND HEALTH ACT 1994


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

20/56

OBJECTIVES OF ACT

Ensure safety of workers

Protect others at place of work

Encourage conducive work environment

(physiological and psychological)

Improve standard of safety



8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

21/56

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.

ConsultationWhere employers, employees and the governmentmust negotiate to

settle issues and problems relating to occupational safety and health

at the workplace.



8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

22/56


CONT

Co-operation and involvement of the workersWhere 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.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

23/56

,

OSHA 1994 - CONCEPT

Accident prevention is an essential part ofgood 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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

24/56

,

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

Employeran employer can be either principal employer orimmediate employer

Immediate employeran employer who employ an

employee directly, by or through him

Principal employeris the owner of an industry


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

25/56

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 storageof 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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

26/56

CONT

PlantIncluding 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.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

27/56

MAIN PROVISION - ACT

Part IPreliminary

Part IIAppointment of OfficersPart IIINational Council for Occupational Safety and Health

Part IVGeneral Duties of Employers and Self-Employed Person

Part VGeneral Duties of Designers, Manufacturers and Suppliers

Part VIGeneral Duties of Employee

Part VIISafety and Health Organization

Part VIIINotification of Accidents, Dangerous Occurrence,

Occupational Poisoning and Occupational Disease and Inquiry

Part IXProhibition Against Use of Plant or Substance

Part XIndustry Codes of PracticePart XIEnforcement and Investigation

Part XIILiability for Offences

Part XIIIAppeals

Part XIVRegulations

Part XVMiscellaneous


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

28/56

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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

29/56

MAIN PROVISION - REGULATIONS

i. OSH (Employers' Safety and Health General Policy Statements)(Exception) Regulations 1995

ii. OSH (Control of Industrial Major Accident Hazards) Regulations1996- CIMAH

iii. OSH (Safety and Health Committee) Regulations 1996-SHC

iv. OSH (Classification, Packaging and Labeling of HazardousChemicals) Regulations 1997- CPL

v. OSH (Safety and Health Officer) Regulations 1997-SHOvi. 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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

30/56

MAIN PROVISION - ORDER

i. OSH (Safety and Health Officer) Orders 1997

ii. OSH (Prohibition of Use of Substance) Order 1999


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

31/56

PART IV: GENERAL DUTIES OF EMPLOYERS AND SELF-

EMPLOYED PERSONS

Section 15 - General duties of employers and self-

employed 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;


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

32/56

So far as is practicable, as regards any place of work under the

control of the employer or self-employed person, the maintenance ofit 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 ofdifferent 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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

33/56

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 ofit to the notice of all of his employees.

Employers with less than 5 employees exemptedthis duty.

CONT


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

34/56

Section 17-General duties of employers and self-employedpersons 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 bythe 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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

35/56

Section 18 - Duties of an occupier of a place of work topersons 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.

CONT


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

36/56

DUTY OF EMPLOYER :

FINE RM50,000OR TWO

YEARS JAILOR BOTH

Section 19 - PENALTY


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

37/56

PART VIGENERAL 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 otherpersons 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.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

38/56

General duties of employees at work

FINE RM1,000ORTHREE

MONTHS JAILOR BOTH

PENALTY


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

39/56

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.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

40/56

Duty not to interfere or misuse things provided

pursuant to certain provisions

FINE RM20,000ORTWO

YEARS JAILOR BOTH

PENALTY


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

41/56

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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

42/56

Section 27Discrimination 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 asafety 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.

CONT


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

43/56

Discrimination against employee

FINE RM10,000ORONE

YEAR JAILOR BOTH

PENALTY


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

44/56

PART VIISAFETY 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 ofinjury;

~ 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.


5,000 or to imprisonment for a term not more than six months or

both.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

45/56

Section 29Safety 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 morethan six months or both.

CONT

http://localhost/var/www/apps/conversion/tmp/scratch_8/skc4173%20week%203c%20safety%20n%20health%20officer%20order.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_8/skc4173%20week%203c%20safety%20n%20health%20officer%20order.ppt

8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

46/56

CONT

Section 30Establishment 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 committeeat 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.


5,000 or to imprisonment for a term not more than six months or

both.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

47/56

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 aninspection of the place of work for that purpose; and

~ shall have such other functions as may be prescribed.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

48/56

PART VIIINOTIFICATION 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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

49/56

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 whichappears 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 theorder, lodge an appeal with the secretary to the Council who shall

transmit the appeal to an appeal committee appointed by the Minister.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

50/56

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 practiceby 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.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

51/56

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 orfailure :-

~ 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 allegedcontravention 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.


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

52/56

PART XIENFORCEMENT 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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

53/56

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


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

54/56

PART XIILIABILITY 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

Discrimination by

employer/union

10,000 +

damages +

reinstatement

order

1 year


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

55/56

OFFEENCEMAXIMUM

RMand/or

PENALTIESImprisonment

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

Failure to comply with any other

part of the Act or any of the

regulation

10,000 + 1,000

day after

conviction

1 year

CONT


8/10/2019 Chapter 1 (Unit 1.1 - 1.2)

56/56

LACK OF OSHA 1994

Does not covers Detail on machinery, equipments

Petroleum

Environmental

Detail on electrical work Detail on construction work

Chapter 1 (Unit 1.1 - 1.2)

Documents

Transcript of Chapter 1 (Unit 1.1 - 1.2)