Legal requirements of Occupational

Safety and Health

Occupational Health EOH3202

Dr. Emilia Zainal AbidinEnvironmental & Occupational Health

Faculty of Medicine and Health SciencesUniversity Putra of Malaysia 1

Human Right

• The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being

• As defined by WHO

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3

Legal standingAct

-General rules-endorsed by parliament

Regulation-Details of act

-endorsed by minister

Industry Code of Practice-Any code, standard, rule,

Specification related to OSH-approved by minister

Guidelines-technical advisory document by

national commission-Detailed information-No legal standing

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Occupational safety – Boiler inspector in the 20th century

Early legislation –Machinery safety

Factory & Machinery Act 1967

Employees’ SOCSO Act 1969

OSHA 1994

Chemical & safety awareness increased due to Bhopal 1984 & bright sparkler incidence 1991

Malaysia: Evolution of OH Law

FMA Regulations1.notifiable industrial disease2.lead3.asbestos 4.noise5.mineral dust

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OH related Law in Malaysia – under the Ministry of Human Resources

Department of Occupational Safety and health

Social Security Organisation

• Factory and Machinery Act or FMA and Regulations

• Occupational Safety and Health (OSHA) 1994 and Regulations – could be downloaded at http://www.agc.gov.my/Akta/Vol.%2011/Act%20514.pdf

• Employees’ Social Security Act 1969

Factory and Machinery Act 1967

• Prescriptive in nature and very specific• Approach: traditional checklist and

stressing on enforcement• Coverage: manufacturing, construction,

mining and quarrying work (23% workforce)• Purpose: prevent occurrence of

occupational accidents and disease at specified workplaces

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FMA and Regulations – health related

• FMA 1967• Notifiable industrial diseases – in the 3rd

schedule• Lead regulations 1984• Asbestos process regulations 1986• Noise exposure regulations – 1989• Mineral dust regulations 1989

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Area covered in FMA regulations

• Standard – Action level and Permissible Exposure Limit or PEL

• Control measures – Engineering, administrative and PPE

• Surveillance – Exposure monitoring – ambient and biological sampling– Medical examination – content, frequency, medical removal

• Others– Record keeping and penalty

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Example 1: Lead regulation 1984

• Medical surveillance– Baseline – exposed > action level– Yearly – blood level > 40 ug/ml– Content: work/medical history, blood pressure,

neurological exam, investigation (blood lead, hb, haematocrit, renal profile)

• Medical removal protection– Blood lead > 80 ug or average 3 blood sampling > 75

ug– Women of child bearing capacity– Pregnancy and breast feeding

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Example 2: Asbestos Process Regulation 1986

• Surveillance:– exposure (personal) monitoring – at interval

not longer than 3 months• Medical exam:

– frequency: pre employment, 2 yearly – content: history, physical exam, chest x-ray,

lung function test– Medical removal: early state of asbestos

induced disease

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Example 3: Noise Exposure Regulation 1989

• Standard:– Action level: 85 dB (A)– PEL

• Continuous >90 dB• Intermittent at any one time – 115 dB• Impulsive – 140 dB

• Control measures– Engineering and administrative– Training, warning signs– Hearing protection devices

• Exposure monitoring – Audiometric test

• Conducted by a competent person• Standard technique• Frequency: yearly, or 2 yearly

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OSH Act 1994 • Need for OSH Act• OSH Act 1994, scope & concept• 1st schedule • Objects of OSHAct• Regulations• Provisions of OSH• General Duties of Employers and Self-Employed Persons• General Duties of Designers, Manufacturers & Suppliers • General Duties of Employees• Liability for Offences• Other provisions of OSH

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The Need for OSH Act 1994

Enacted on the 25th of Feb, 1994 on the basis of:• Inadequacy of Factory & Machinery Act 1967 on

factors pertaining to its: 1. Scope 2. Prescriptive on machinery sector 3. Dependency on government for

regulatory processors • Statistics on occupational accidents was high:

saw the need to reduce rates of accidents arise

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Act 514: OSH Act 1994

Provisions for:• Securing the safety, health & welfare of persons

at work• Protecting others against risk to S&H due to

activities at work• To establish the National Council for OSH &

other relevant matter

Act is self-regulatory, based on principles of cooperation and

consultation

OCCUPATIONAL SAFETY AND HEALTH ACT 1994

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Concept of

OSHA 1994

RESPONSIBILITY –on the one who

create the risk & work with the risk

PLACE OF WORK – premises where

persons workor use for storing

CONTROL MEASURES –

“as best as employer provide”

Depends on severity,

Cost & suitability

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OSH Act 1994

• Wider scope – covers all workers in all economy related activities (1st schedule) excluding :

• Was estimated in 2002, 7 million of working citizens are protected under OSH 1994 (NIOSH 2002)

those working on

board ships governed

by Merchant

Shipping Ordinance

1952

Armed forces

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First Schedule

Manufacturing Transport, storage

& communication

Mining & quarrying

Wholesale & retail trades

ConstructionHotels &

restaurants

Agriculture, forestry & fishing

Finance, insurance, real estate &

business service

Utilities: Electricity, gas, water

& sanitary service

Public services & statutory

authorities

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Objects of OSHA 1994

1. Secure safety, health & welfare of workers

2. Protect other persons at place of work (visitor, etc.)

3. Promote occupational environment adapted to physiological & psychological need

4. Provide system that is flexible to cater rapid change

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Act provides for Malaysian Minister to issue regulations to implement OSHA1994 more precisely

REGULATIONS

Policy Statements

(Exception) 1995

CIMAH 1996

S&H Committee (>40 workers)

1996

CPL Hazardous

Chemicals 1997

S&H Officer 1997

Prohibition of Use of

Substance Order 1999

USECHH 2000

NADOOPOD 2004

Content of OSHA 1994

• National Council for OSH• Department of Occupational Safety and Health• General duties of employers and self-employed • General duties of designers, manufacturers, importers

and suppliers• General duties of employees• Safety and health committee at work• Notification • Enforcement and investigation

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• Under OSHA, the NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH was established

• Members consist of

- 3 rep from employers organization

- 3 rep from employees organization

- 3 rep from government

- 3 or > rep from professional bodies

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Ensure safety, health and welfare at

work - Section 15

Maintenance ofPlant & system

ofwork

Ensure safety During

operation,Handling, storage & transport

Provide informationInstruction,

training& supervision

Provide & maintain

Safe outlet for entering

& leaving

Provide & maintain

Safe working environment

Duties of employer & self employed

persons

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Section 16, 17 & 18

1. Provide a safety policy (workers >5)

2. Ensuring other persons are not exposed to risk from activities at the work place

3. Disseminating information on aspects of work activities that could affect S&H of others

Liable to fine of RM 50k or 2 years of imprisonment or both when contravene with section 15, 16, 17 or 18

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“So Far As Is Practicable….”

• Severity of hazard or risks involved• Current state of knowledge about the

hazard or risk & means to control it• Availability of suitable means to eliminate

or reduce the hazard or risk• Cost that is involved

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Duties of Designers, Manufacturers & Suppliers – Section 20

1. Ensuring design & construction of plant is safe

2. Carry out tests for the above purpose

3. Disseminate information on the use of plant

Penalty : RM 20k or 2 years of imprisonment or both

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General Duties of Employees – Section 24

• Take reasonable care for S&H of himself & other persons

• Co-operate with employer in regards to adhering to this act

• Wear provided PPEs• Comply with instruction instituted by employer

on OSH

Penalty : RM 1k or 3 months

imprisonment or both

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Other Provisions of OSHA

OSHA1994

S&H Organizatio

n

Notification of

Accidents …

Prohibition against

Use of plant or substance

Industry codes

of practice

Enforcement &

investigation

Liability for offences

Appeals

Regulations

“There are two kinds of people, those who do the work and those who take the credit. Try to be in the first group;

there is a lot less competition there”

-Indira Gandhi

“There are two kinds of people, those who do the work and those who take the credit. Try to be in the first group;

there is a lot less competition there”

-Indira Gandhi28

Thank you! Questions?

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Guidelines under OSHA 1994Guidelines for Public Safety and Health at Construction Site 1994Guidelines on Occupational Safety and Health in the Office 1996Guidelines on First-Aid Facilities in the Workplace 1996 Examination Syllabus for Engineer's Certificate of Competency

(Steam and Internal Combustion Engines) Examination 1996Guidelines on Method of Sampling and Analysis for Airborne Lead

1997Guidelines for the Formulation of a Chemical Safety Datasheet

1997 Guidelines for the Classification of Hazardous Chemicals 1997 Guidelines for Labelling of Hazardous Chemicals 1997Guidelines on Occupational Safety and Health in Tunnel

Construction 1998

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Guidelines under OSHA 1994Garispanduan Pendaftaran Tenaga Pengajar dan Pengendalian

Kursus Induksi Keselamatan dan Kesihatan Pekerja Sektor Binaan 2000

Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health Doctor 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) 2000Guidelines on the Control of Chemicals Hazardous to Health

2001Guidelines on Medical Surveillance 2001Garispanduan Penyediaan Dokumen Demonstrasi Operasi

Selamat (Am) 2001

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Guidelines under OSHA 1994 cont. 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

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Guidelines under OSHA 1994 cont.Guidelines on Occupational Safety and Health in Fishing

and Aquaculture Operation 2003Guidelines on Gender Issues in Occupational Safety and

Health 2003Guidelines on Occupational Safety and Health for Working

with Video Display Unit (VDU’s) 2003 Guidelines on Occupational Safety and Health In Logging

Operations 2004 Guidelines on Preventing and Responding to Drugs and

Alcohol Problems In The Workplace 2004Guidelines on Occupational Safety and Health In Service

Sector 2004Guidelines on First-Aid in the Workplace (2nd Edition) 2004Guidelines on Occupational Health Services 2005