t2_osh legislation & act

7/30/2019 T2_OSH Legislation & Act

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OSH Act 1994

This legislation was made

considering the fact that the

Factory and Machinery Act 1967

only covers OSH in manufacturing,mining, quarrying and construction

industries, whereas the other

industries are not covered 0

is a piece of Malaysian Legislationwhich has been gazette on the 25

February 1994 by the Malaysian

Parliament.

Covers all industries

Occupational Safety & Health Act 1994


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OSH Act 1994

The Act applies throughout

Malaysia to the industries

specified in the First Schedule,

nothing in this act shall apply to:

Aboard ships governed by the

Merchant Shipping Ordinance1952, the Merchant Shipping

Ordinance 1960 of Sabah or

Sarawak.

Armed Forces.

Occupational Safety & Health Act 1994


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OSH Act 1994Occupational Safety & Health Act 1994

Manufacturing

Mining and Quarrying

Construction

Agriculture, Forestry and Fishing

Utilities:

- Electricity;

- Gas;

- Water; and

- Sanitary Services

Transport, Storage andCommunication

Wholesale and Retail Trades

Hotel and Restaurants

Finance, Insurance, Real Estate

and Business Services Public Services and Statutory

Authorities

First Schedule


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Objectives of Act :

for securing the safety, health

and welfare of persons at work;

protect persons at a place ofwork other than employees

promote a suitable environment

for persons at work;

enable previous legislation tobe replaced by regulations and

approved industry codes of

practice operating in

combination with the OSH Act

1994


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Regulations under Act

Occupational Safety and Health

(Employers' Safety and Health General Policy Statements)

(Exception) Regulations 1995


(Control of Industry Major Accident Hazards) Regulations 1996 Occupational Safety and Health

(Safety and Health Committee) Regulations 1996


(Classification, Packaging and Labeling of Hazardous Chemicals)

Regulations 1997

Occupational Safety and Heath(Safety and Health Officer) Regulations 1997


(Prohibition of Use of Substance) Order 1999


(Use and Standards of Exposure of Chemicals Hazardous to Health)

Regulations 2000

Occupational Safety and Health (Notification of Accident, Dangerous

Occurrence, Occupational Poisoning and Occupational Disease)

Regulation 2004


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What is the difference between

OSH Acts and Regulations?

An OSH Act sets out

requirements to ensure that

workplaces are safe andhealthy.

Regulations explain the duties

to be enforced in order tocontrol the risks associated

with workplace hazards.


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Employer

Direct employer / the owner

of an industry / a person with

whom an employee has

contract and services

Manager, agent, occupant ,

representatives, Government

Departments, Local Authorities

(PBT), Statutory Bodies

(Badan Berkanun)


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Employers responsibilities :

ensure the safety, health and welfare at work of

all his employees and visitors;

the provision and maintenance of plant and

systems of work to ensure safety and withoutrisks to health;

make arrangements for safety and absence of

risk to health in the use of plant and substances;

provide information, instructions, training andsupervision to ensure safety and health;

maintenance of place of work and working

environment to ensure safety and without risk to

health

(Part IV, Section 15-19)


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Penalty

Penalty For Non Compliance :

A fine not exceeding RM50,000 or

Imprisonment not exceeding 2 years Or both

Other Penalty / Fine

Common Law :

Affected person (employee or public)may take legal action against the

organization under the Civil Law

(Common Law).

(Part IV, Section 15-19)


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Employee

A person who is employed

and be paid under the

contract on or in connectionwith 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


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Employees responsibilities :

take reasonable care of his own safety

and health and others that may be

affected by his actions;

cooperate with his employer to complyby the Act and its regulations;

wear or use protective equipment

provided by the employer;

comply with instructions instituted bythe employer on occupational safety

and health

(Part VI, Section 24-27)


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Penalty for non compliance :

A fine not exceeding RM1,000 or

Imprisonment not exceeding 3 months

Or both

(Part VI, Section 24-27)Penalty


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Responsibilities to ensure the safety and health at

the workplace lies with those who create the risk and

with those work with the risk


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FMA 1967

This legislation was made

considering the fact that the

Factory and Machinery Act 1967

only covers occupational safety

and health in the manufacturing,

mining, quarrying and constructionindustries, whereas the other

industries are not covered.

Enacted on February 1994

Covers all industries

Factory & Machinery Act 1967


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Safety & Health ORGANISATIONS

take reasonable care of his own

safety and health and others that

may be affected by his actions;

cooperate with his employer to

comply by the Act and its

regulations;

wear or use protective equipment

provided by the employer;

comply with instructions instituted

by the employer on occupational

safety and health


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Safety & Health ORGANISATIONS

HUMAN

RESOURCEMINISTRY

DOSH

NIOSH

SOCSO


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DOSH Department of Safety and Health

To study and review the policies and

legislations of occupational safety andhealth.

To enforce the following legislations :

a) Occupational Safety and Health

Act 1994 and its regulations.

b) Factories and Machinery Act 1967and its regulations.

c) Part of Petroleum Act 1984 (Safety

Measures) and its regulations.


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DOSH Department of Safety and Health

To conduct research and technical

analysis on issues related to occupational

safety and health at the workplace.

To carry out promotional and publicityprograms to employers, workers and the

general public to foster and increase the

awareness of occupational safety and

health.

To carry out promotional and publicityprograms to employers, workers and the

general public to foster and increase the

awareness of occupational safety and

health.

To become a secretariat for the NationalCouncil regarding occupational safety

and health


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NIOSHNational Institute of Occupational Safety and Health

is committed to ensure a safe and

healthy working environment to all

employees and others involved in or

affected by its operation taking into

account statutory requirement andrelevant national and international

standards and codes of practices.

implementation and effectiveness of

this policy is a line management

responsibility together with theparticipation and involvement of all

employees.

will ensure that adequate resources,

training and time are made available.

OSH matter will be given equal priority

with other major business objectives


21/21SOCSO Social Security Organization

an organization set up to administer,

enforce and implement the Employees'

Social Security Act, 1969 and the

Employees' Social Security (General)

Regulations 1971.

provides social security protection by

social insurance including medical and

cash benefits, provision of artificial aids

and rehabilitation to employees to

reduce the sufferings and to providefinancial guarantees and protection to

the family.

SOCSO is the abbreviation for Social

Security Organization. It is commonly

known in the Malay term as PERKESOor Pertubuhan Keselamatan Sosial.

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