Lecture 1 &_2_-the_osh_act,_standard_and_liability

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BETI 3612

Transcript of Lecture 1 &_2_-the_osh_act,_standard_and_liability

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BETI 3612

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BETI 3612

BETI

BETI (1)-28

BETI(2)-26

BETR

BETR (1)-18

BETR (2)-17

Lecture & Tutorial

Lab session

Engr. Asri Bin Din

Cik Suziana

BETI 3612Industrial Safety & Health

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BETI 3612Industrial Safety & Health

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1. Explain clearly the industrial safety, occupational health hazards in workplaces environment.

2. Apply the appropriate methods and tools to eliminate or reduce the occupational health hazards.

3. Conduct basic safety assessments using methods and tools that they have learned.

4. Measure and demonstrate a safe, feasible occupational health and conducive working environment.

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1. Goetsch, D. L. (2011). Occupational safety and health for

technologists, engineers, and managers (7th ed.). Upper Saddle

River, NJ: Prentice Hall. ISBN: 10:0-13-254708-2.

2. Undang-undang Malaysia, (2005).

Akta keselamatan dan kesihatan pekerjaan 1994 dan peraturan-peraturan, MDC

Publishers Sdn Bhd.

3. OGSP Pasport keselamatan NIOSH-minyak dan Gas, (2009).

Institut Keselamatan Dan Kesihatan Pekerjaan Negara,Kementerian Sumber Manusia.

www.niosh.com.my

4. Guidelines On Occupational Safety And Health ACT 1994 (ACT

514), Department Of Cccupational Safety And health Ministry Of Human Resources

Malaysia 2006, Http://dosh.mohr.gov.my/ ISBN : 983-2014-55-7

5. Reese, C. D. (2003). Occupational health and safety management, a practical

approach. Lewis Publishers, A CRC Press Company. ISBN: 1566706203

6. Anton, T. J. (1989). Occupational safety and health management (2nd ed.). New York,

NY: McGraw-Hill, Inc.

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Week Lecture/ Tutorial/ Lab

Week 1 LectureWeek 2 LectureWeek 3 Lecture & TutorialWeek 4 Lecture & Tutorial

Week 5 Lecture & Lab

Week 6 Lecture & LabWeek 7 Lecture & Lab

Week 8 Semester BreakWeek 9 LectureWeek 10 Lecture & TutorialWeek 11 Lecture & Tutorial

Week 12 Lecture

Week 13 Lecture

Week 14 Lecture

Week 15 LectureWeek 16 Study weekWeek 17 Exam weekWeek 18 Exam week

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At the end of this session student should able to:

1. Explain the requirement and regulations of OSHA 1994,

FMA 1967, EQA 1974 and ESSA 1969.

2. Describe the employer /employee rights and responsibilities

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• Enacted on 25th Feb. 1994 to ensure safety health and welfare of all persons at all place of work.

• The Act contains 67 sections, divided into 15 parts and appended with 3 schedules

It’s under the Ministry of Human Resources.

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All peoples that work at various work place : • Manufacturing, Mining & Quarrying, Construction, Agriculture,

Forestry & Fishing, Utilities (Electricity, Gas, Water, Sanitary Services)

• Transport, Storage & Communication.• Wholesale & Retail Trades.• Hotels & Restaurants.• Public Services & Statutory Authorities.• Finance, Insurance, Real Estate and Business Services. • IPTA/IPTS

EXCEPT :• The armed forces (Army, Navy and Air Force)• Workers on Merchant ships

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1. To secure the safety and health of persons at work.2. To protect persons at a place of work other than employees.3. To promote an appropriate and suitable environment for persons at

work (physiology and psychology).4. To enable previous legislation to be replaced by regulations and

approved industry codes of practices operating in combination with OSH Act 1994.

OSHA 1994 emphasize on :• Self- regulation – Employer and workers are responsible to the safety

at work place.• Consultation – Employer, workers, governments work together to

make decisions.• Workers/ employers cooperation's – Health & safety committee is

the mechanism for cooperation between employer and workers. • Participation

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Control on machines, workers and place of work:

1. Machinery requiring certificate of fitness (From DOSH):- Steam Boilers (PMD)- Hoisting Equipment (PMA)- Lifting Equipment (PMA)- Pressure vessel (PMT)

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Control on machines, workers and place of work:

2. Certificate of competency for workers :- Drivers : Boiler, steam engine, internal

combustion engine.- Engineer : Boiler, steam engine,

internal combustion engine.(Classification: First or Second Grade Engineer, Visiting Engineer, Operator)

-Crane Operators (mobile, tower)- Scaffolder

3. Place of work : Monitoring and Medical Surveillance. Examples: Noise, Dust, etc.

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1974- Environment Quality Act (EQA) (Akta 127)

1978- EQ (Kebersihan Udara) Peraturan1979- EQ (Kumbahan dan Efluen Industri)

Peraturan.1989- EQ( Bising) Peraturan2005- EQ (Pelupusan Terjadual) Peraturan

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1. PERKESO (Pertubuhan KeselamatanSosial).

2. Established as a government department to enforce the SOCSO 1969 .

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OSH REGULATIONS UNDER OSHA 1994

1. OSH (EMPLOYERS SAFETY AND HEALTH GENERAL POLICYSTATEMENTS) (EXCEPTION) REGULATIONS 1995

2. OSH (CONTROL OF INDUSTRIAL MAJOR ACCIDENTHAZARDS) REGULATIONS 1996

3. OSH (SAFETY AND HEALTH COMMITTEE) REGULATIONS1996

4. OSH (CLASSIFICATION, PACKAGING AND LABELLING OFHAZARDOUS’ CHEMICALS) REGULATIONS 1997

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OSH REGULATIONS UNDER OSHA 1994

5. OSH (SAFETY AND HEALTH OFFICER) REGULATIONS 1997

6. OSH (USE AND STANDARDS OF EXPOSURE OFCHEMICALS HAZARDOUS TO HEALTH) REGULATIONS2000.

7. OSH (NOTIFICATION OF ACCIDENT, DANGEROUSOCCURRENCE, OCCUPATIONAL POISONING ANDOCCUPATIONAL DISEASE) REGULATIONS 2004

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ORDERS UNDER OSHA 1994

1. Occupational Safety and Health (Safety and Health Officer) Order 1997.

2. Occupational Safety and Health (Prohibition of Use of Substances) Order 1999.

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1. Codes of Practice on Safe Working in a Confined Space 20102. Codes of Practice on Prevention and Management of HIV / AIDS

at Work Place 20013. Code of Practice on Indoor Air Quality 20104. Code of Practice On Prevention and Eradication of Drug, Alcohol

and Substance Abuse in the Workplace 20055. Code of Practice on Safety Health and Environment For

Transportation Sector 2007

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EXAMPLES OF GUIDELINES

1. Guidelines on First-Aids Facilities In the Workplace2. Guidelines on Occupational Safety and Health In the Office3. Guidelines on Occupational Safety & Health in Tunnel

Construction4. Assessment of the Health Risk Arising From the Use of Hazardous

Chemicals in the Workplace5. Guidelines for Classification of Hazardous Chemicals6. Guidelines for Labeling of Hazardous Chemicals7. Guidelines for Formulation Chemical Safety Data Sheet8. Guidelines for the Preparation of a Chemical Register9. Guidelines for the Registration of Assessors, Hygiene Technicians

and Occupational Health Doctors

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DUTIES of EMPLOYER

• General duties of employers and self- employed person to their employees Section 15(1) : It shall be the duty of every employer and self-

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

Section 15(2) : without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular-a) The provision and maintenance of plant and systems of

work that are, so far as is practicable, safe and without risks to health;

b) 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;

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DUTIES of EMPLOYER

Section 15(2) : without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular-

c) 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;

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DUTIES of EMPLOYER

Section 15(2) : without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular-

d) 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;

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DUTIES of EMPLOYER

Section 15(2) : without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular-

e) The provision and maintenance of a working environment for his employees that is, so far as practicable, safe, without risks to health and adequate as regards facilities for their welfare at work.

OSHA 1994 Section 19 : Penalty for an offence under section 15.

- A fine not exceeding RM 50,000 or to imprisonment for a term not exceeding 2 years or to both.

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DUTIES of EMPLOYER & SELF EMPLOYED PERSONS

1) Employer not to charge PPE on employees (SECTION 26).

2) Employer/ trade union not to discriminate (dismiss, injure or alter position) (SECTION 27).

3) To report accidents, dangerous occurrences, occupational poisonings and diseases (SECTION 32).

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DUTIES of EMPLOYEE

OSHA 1994 Section 24

1) To take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omission at work;

2) 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;

3) To wear or user at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health; and

4) To comply with any instruction or measure on OSH instituted by his employer or any other person by or under this Act or any regulation made thereunder.

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DUTIES of EMPLOYEE

OSHA 1994 Section 24(2)

A person who contravenes the provisions of this section shall be guilty of an offend and shall, on conviction, be liable to a fine not exceeding RM1,000 or to imprisonment for a term not exceeding 3 months or to both

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1) DEPARTMENT OF OCCUPATIONAL SAFET AND HEALTH (DOSH)/ JKKP

• 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.

b) Factories and Machinery Act 1967 and its regulations.

c) Part of Petroleum Act 1984 (Safety Measures) and its regulations

• To conduct research and technical analysis on issues related to

occupational safety and health at the workplace.

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1) DEPARTMENT OF OCCUPATIONAL SAFET AND HEALTH (DOSH)/ JKKP

• 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.

• To become a secretariat for the National Council regarding

occupational safety and health

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2) NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

• NIOSH assists industries towards compliance in terms of

providing services such as chemical health risk assessments

(CHRA) as well as chemical, medical and health monitoring.

• Provide consultancy services, advice and recommendations to

the industries on a safe and healthy system of work.

• Constantly developing manpower and expertise on the new and

current hazards and issues on OSH such as stress at the

workplace, problems related to manual handling, backaches and

the detection, monitoring and control of chemical exposure

resulting in work related accidents and diseases.

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2) NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

• On the administrative and management side, NIOSH also offers

training services on understanding the legislative requirements

of OSHA and the Factories and Machinery Act, the training of

competent persons for certain job tasks as required under the

Act, training of trainers for specific courses etc

• Also offer consultation services on Safety and Health

Management Systems, developing Procedures and Manuals,

Safety Audits, Hazard Identification, Risk Assessment and Risk

Control, Emergency or Crisis Management and the like.