T2_OSH Legislation & Act
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Transcript of 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
Occupational Safety and Health
(Control of Industry Major Accident Hazards) Regulations 1996 Occupational Safety and Health
(Safety and Health Committee) Regulations 1996
Occupational Safety and Health
(Classification, Packaging and Labeling of Hazardous Chemicals)
Regulations 1997
Occupational Safety and Heath(Safety and Health Officer) Regulations 1997
Occupational Safety and Health
(Prohibition of Use of Substance) Order 1999
Occupational Safety and Health
(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
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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.