UNIT 1.

0
INTRODUCTION TO O.S.H
LEGISLATION
[CLO1,C2]
COURSE CONTENT
1.1 UNDERSTAND THE CONCEPTS OF O.S.H

1.2 UNDERSTAND THE IMPORTANCE OF SAFETY
IN WORKPLACE

1.3 UNDERSTAND THE STATUTORY
REQUIREMENTS

1.4 UNDERSTAND THE ROLE OF SAFETY AND
HEALTH ORGANIZATION IN MALAYSIA

TOPIC 1.1
CONCEPTS OF OCCUPATIONAL
SAFETY AND HEALTH
RELATED OSH REGULATION IN MALAYSIA
1. Factories And Machinery Act 1967 (FMA 1967)
2. Occupational Safety And Health Act 1994
(OSHA 1994)
3. Environmental Quality Act 1974 (EQA 1974)
4. Employees Social Security Act 1969 (SOCSO
1969)
5. Petroleum (Safety Measures) Act 1984

5

STRUCTURE OF LEGISLATION
TOPIC 1.2
IMPORTANCE OF SAFETY IN
WORKPLACE
WHAT IS DUTY OF CARE?
Duty of care is a legal obligation imposed on an
individual requiring that they adhere to a
standard of reasonable care while performing
any acts that could foreseeable harm others.

DUTIES AS
EMPLOYER
EMPLOYEE
DESIGNER,
MANUFACTURER
etc
SAFETY AND
HEALTH
OFFICER
EMPLOYER LIABILITY IN DUTY OF CARE
TOPIC 1.3
STATUTORY REQUIREMENTS
WHAT IS STATUTORY LAW?
Consist of : Act and Regulation

Formulated by the Government
Non compliance is a crime
Punishment Fines and imprisonment
Prosecution by Government Officer (such as
Deputy Public Prosecutor in Criminal Court)
Philosophy of OSHA 1994:

The RESPONSIBILITY for doing something about
safety and health lies with those WHO CREATE THE
RISKS and those WHO WORK WITH IT

The act emphasizes on:
1. Self-regulation
2. Consultation;
3. Workers / employers cooperation; and
4. Participation of employees



13
OCCUPATIONAL SAFETY AND HEALTH ACT
(O.S.H.A) 1994 / ACT 514
Manufacturing Mining &
Quarrying
Public Services & Statutory
Authorities
Transport, Storage &
Communication
Utilities
Agriculture, Forestry &
Fishing
Hotel & Restaurants
Wholesale & Retail
Trades
Construction
Finance, Insurance, Real Estate &
Business Services
Persons at work
14
SCOPE OF OSHA 1994
15
Arm Forces
Workers on board ship
OSHA COVER ALL INDUSTRIES EXCEPT
STATUTORY REQUIREMENTS
OBJECTIVES OF OSHA 1994
17
To secure the safety, health and welfare of persons at
work against risks out of the activities at work;
To protect persons 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 towards a legislative system
that is based on regulations and industry codes of
practice in combination with the provisions of the Act.
PART IV : GENERAL DUTIES OF EMPLOYERS AND
SELF EMPLOYED PERSON
18
SECTION 15(2) : DUTIES OF EMPLOYERS &
SELF-EMPLOYED PERSON
19
To ensure the safety, health and welfare at work for all your employees.
To ensure a safe system at the workplace and minimize operations that present
danger of injury or health impairment.
To regularly monitor the work environment
To make arrangement for ensuring safety and health in connection with the use
or operation, handling, storage
To prepare a written statement of general policy, organization and arrangements
for safety and health at work
To provide information, instruction, training and supervision in safe work
practices
To conduct activities, so as to ensure that people other than your employees are
not exposed to risks to safety and health
SECTION 16 : SAFETY AND HEALTH POLICY
20
i. Safe & healthy working environment & adequate
facilities for their welfare. Duty to formulate OSH
policy for any employer with more than 5
employees.
ii. Statement of intent/commitment
iii. Statement of organization
iv. Arrangement made
It is a statement of commitment by the management
on occupational safety and health matters of all
people at the work place, particularly the workers.

It is the focal point and guidance for employers and
employees alike, to strive and work toward safety
and health at the work place
Title
Company
Name
Statement
of intent
Legal
Compliance
R & A,
Resources,
worker
participation
Integration
of OSH &
Business
Continual
Improvement
Monitoring
Dated,
signed by
highest top
rank of
management
SECTION 17 : GENERAL DUTY OF EMPLOYERS AND SELF
EMPLOYED PERSONS TO OTHER THAN THEIR
EMPLOYEES
22
SECTION 18 : DUTIES OF OCCUPIER OF A PLACE OF WORK TO
PERSONS OTHER THAN HIS EMPLOYEES
23
SECTION 19 : PENALTY AGAINST SECTION 15, 16, 17
& 18
24
PART VI : GENERAL DUTIES OF EMPLOYEES
25
SECTION 24(2) PENALTY AGAINST SECTION 24
26
Section 24(2)
Penalty
Ops..
SECTION 25 - 27
FACTORIES AND MACHINERY ACT (F.M.A) 1967
In the year 1967, the Factory and Machinery Act (FMA) was
approved by the Parliament of Malaysia.
This act was legislated to overcome the weaknesses in the
Machinery Ordinance 1953,
They were not protected if they are working in a workplace
that doesnt use machinery
Control on MACHINES, WORKERS & PLACE OF WORK
Machinery requiring certificate of fitness (from DOSH):
Steam boilers
Hoisting equipment
Lifting equipment (P.M.A)
Pressure vessels (P.M.T)

FACTORIES AND MACHINERY ACT (F.M.A) 1967
F.M.A 1967 VS O.S.H.A 1994
FMA
Safety of Factories and
Machinery (Lift & Escalators)
Registration of factory
and machines
Covers 25% of working
population
Safety in use of
machinery
Register competent
person of machinery
Prescriptive
OSHA
Safety and Health of people : Employees,
contractors
Registration of workplaces : except armed forces
and marine shipping
Covers almost 100 % of working population
Safety in the use of chemicals
Register competent persons for safety and health
Self-Regulatory
OBJECTIVES OF FACTORIES AND MACHINERY ACT
TOPIC 1.4
ROLE OF SAFETY AND HEALTH
ORGANIZATION IN MALAYSIA
SAFETY AND HEALTH ORGANIZATION IN MALAYSIA
DEPARTMENT OF SAFETY AND HEALTH (D.O.S.H)
DOSH is responsible for ensuring the occupational safety, health
and welfare of people at work as well as protecting other people
from the safety and health hazards arising from the activities of
various sectors which include:

Manufacturing
Mining and quarrying
Constructions
Hotel and restaurants
Agriculture, forestry and fishing
Transport, storage and communication
Public services and statutory authorities
Utilities - gas, electricity, water and sanitary services
Finance, insurance, real estate and business services

NATIONAL INSTITUTE OF SAFETY AND HEALTH
(N.I.O.S.H)
ROLE OF NIOSH:

i. To promote a Safe & Healthy Workplace and Workforce in
Malaysia
ii. To assist Employers and Employees to manage Occupational
Safety and Health (OSH) in their organisation effectively
iii. To provide Quality Solutions for OSH issues a professional
manner, with a pragmatic approach which are reasonable
and practicable
SOCIAL SECURITY ORGANIZATION (S.O.C.S.O)
(ALSO KNOWN AS PERTUBUHAN KESELAMATAN SOSIAL (PERKESO))
SOCSO operates as a social insurance programme managed by
the government of Malaysia to provide financial assistance to
employees and their families in the event of accidents,
resulting in death, disablement, or affliction with
occupational diseases.

ROLE OF SOCSO:

i. To register the employers and employees
ii. Collect the SOCSO contribution (or deduction)
iii. Process the benefit claims as well as make payment to the
workers or their beneficiaries
OSH COORDINATION ACTIVITIES IN MALAYSIA