CHAPTER 1

Introduction to OSHA
Occupational Safety & Health Act 1994
Law of Malaysia
Act 514
Learning Objectives
• Students should be able to:
1) Define the philosophy of Occupational Safety & Health
(OSH)
2) Explain the Occupational Safety & Health Act
3) Describe the importance of Safety & Health in
Workplace (Estate)
Philosophy of OSH
• “Responsibilities to ensure safety and health at the
workplace lies with those who create the risk and with
those who work with the risk”
Why OSH?
• “Occupational safety and health encompasses the
physical, mental and social well-being of workers where it
placing and maintenance of workers in an occupational
environment adapted to physical and mental needs”
Aim of OSH
• The promotion and maintenance of the highest degree of
physical, mental and social well-being of workers in all
occupations.
• The prevention among workers of adverse effects on
health caused by their working conditions
• The protection of workers in their employment from risks
resulting from factors adverse to health.
Purpose of OSH
• To provide a safety and health workplace that is free from
recognized hazards and risks
• To ensure safety and health in the use, handling, storage
and transport of plant and substances
• To bring about a reduction in the occurence of on the job
injuries, illness and fatalities.
OSHA 1994, Act 514
• “An Act to make further provisions for securing the safety,
health and welfare of persons at work, for protecting
others against risks to safety or health in connection with
the activities of persons at work, to establish the National
Council for occupational Safety and Health, and for
matters connected therewith”
Source: Law of Malaysia, 25 February 1994
OSHA 1994, Act 514
•A legislative framework to promote, stimulate and
encourage high standards of safety and health at work.
• A discipline with a broad scope of safety and health that
involves many specialized fields.
OSHA 1994, Act 514
• The Act provides a comprehensive and integrate system
of law to deal with the safety and health of all people at
work and the protection of the public whom may be
affected by the activities of people at work.
• It defines the general duties of employers, employees,
self-employed, manufacturers, importers and suppliers of
plant or substances that carry a wide ranging set of
responsibilities.
The Objectives of OSHA 1994
• To secure the safety, health and welfare of persons at
work against risks to safety or health arising out of the
activities of persons at work.
• To protect persons at a place of work other than persons
at work against risks to safety or health arising out of the
activities of persons at work
The Objectives of OSHA 1994
• To promote an occupational environment for persons at
work which is adapted to their physiological and
psychological needs.
• To provide occupational safety and health legislations and
codes of practice that comply with the standards of
OSHA.
The Scope of OSHA 1994
• Person at work in all economic activities including public
services and statutory authorities such as:
 Mining and Quarrying
 Utilities
 Manufacturing
 Construction
 Agriculture, Forestry and Fishing
 Public Services and Statutory Authorities
 Wholesale and Trade
 Hotels and Retail Trade
 Transport, Storage and Communication
 Finance, Insurance, Real Estate and Business Services
The Regulations of OSHA 1994
• An employer employing 40 or more persons must
establish a safety and health committee at the workplace
• The functions of the committee are to keep under review
the measures taken to ensure the safety and health of
persons at workplace and to investigate any related
matters arising
The Regulations of OSHA 1994
• An employer must notify the nearest occupational safety
and health office of any accident, dangerous occurence,
occupational poisoning or disease which has occurred or
is likely to occur at the workplace
The Regulations of OSHA 1994
• A competent person is required:
 To ensure for safe erection and process of operation,
installation, maintenance and dismantling of equipment
 To conduct the air quality and personal monitoring for
processes that use hazardous chemicals
 To ensure the proper surveillance of the workplace
The Regulations of OSHA 1994
• There are 7 regulations that enforced by DOSH:
 Employers' Safety and Health General Policy Statements (Exception)
Regulations, 1995
 Control of Industrial Major Accident Hazards Regulations, 1996
 Classification, Packaging and Labelling of Hazardous Chemicals
Regulations, 1997
 Safety and Health Committee Regulations, 1996
 Safety and Health Officer Regulations, 1997
 Use and Standards of Exposure of Chemicals Hazardous to Health
Regulations, 2000
 Notification of Accident, Dangerous Occurrence, Occupational Poisoning and
Occupational Disease Regulations, 2004
The Importance of Safety & Health in
Workplace
• Works plays a central role in people's lives
• Most workers spend at least 8 hours a day in workplace
• Therefore, work environments should be safe and healthy
• Everyday workers all over the world are faced with
multitude of health hazards such as dust, noise, extreme
temperatures, gases and vibration
• Some employers assume little responsibility for the
protection of worker's safety and health
• As a result of the hazards and a lack of attention to safety
and health, work-related accidents and diseases are
common in all parts of the world
Major Safety and Health Terminologies
• Safety - the condition that is free from causing hurt, injury
or loss
• Health - the condition of a person that is free from any
disease or sickness
• Hazard - the potential source of harm
• Risk - the likelihood that a person may be harmed
• Incident - undesired circumstances that produces the
potential for an accident
• Accident - unplanned event which could result in injury to
persons or damage to plant and equipment or both
Types of Accident
• Fall and crushing - wet or contaminated conditions
• Manual handling - activity that includes lifting, lowering, pushing, pulling,
carrying, moving, holding or restraining an object animal or person
• Workplace traffic accidents - warehouse depot with heavy goods vehicles and
any place of work where people can come and go in motorized vehicles
• Other areas:
 Struck by object in motion
 Drowned, buried, enveloped in gas or airborne particles
 Fire
 Plant and heavy machineries
 Stabbed by sharp object
 Hazardous substances
NIOSH
• National Institute for Occupational Safety and Health
(NIOSH)
- Responsible for conducting research and making
recommendations for the prevention of work-related injury
and illness
DOSH
• Department of Occupational Safety and Health (DOSH)
- Provide a safety and health work environment for all its
employees and to protect other who may be affected by
its activities
SOCSO
• The Social Security Organization (SOCSO)
- Provide social security protection by social insurance
Duties of Employer
• Safeguard that is practicable to the health, safety and
welfare of employees
• Safety Policy - a written statement of his general policy,
organisation and arragements for safety and health at
work, updated, by revision and circulated among the
employees
• Safety Information, Instruction, Training and Supervision -
providing information on legal requirements in safe
practices
Duties of Employees
• To take reasonable care to avoid injury to themselves or
to others in their work activities
• To cooperate with employers and others in meeting
statutory requirements
Safety & Health Committee
• Under the OSHA 1994 Section 30(1), every employer
shall establish a Safety & Health Committee (SHC) at the
place of work in accordance with this section if:
 40 or more persons employed at the place of work
 The Director General directs the establishment of each
committee at the place of work
Composition of SHC
• Chairman - Employer or authorised Manager
• Secretary - appointed Safety & Health Officer or
authorised person appointed by members of SHC
• Management Representatives - the managers or directors
or supervisors appointed by employer
 Min 2 persons if below 100 employees
 Min 4 persons if above 100 employees
Composition of SHC
• Employees Representatives - appointed employees and
selected by the workers
 Min 2 persons if below 100 employees
 Min 4 persons if above 100 employees
 Shall represent various section of workplace
Composition of SHC
• Removal of Committee Member if:
 Fail to attend 3 consecutive meetings without valid reason
 Unsound mind
 Bankrupt
 Convicted on charge of fraud, dishonesty, moral turpitude,
criminal offense or anything that against OSHA
 Incapable to carry duty as a member
The Objectives of SHC
• To fulfill the requirement of OSHA 1994
• To promote consultation and cooperation between
management and workers in upgrading safety and health
at work
• To provide a two-way communication channels or
dissemination of information on safety and health issues
• To enhance interest and motivation of all groups of
management and workers at place of work in safety and
health
The Functions of SHC
• To assist in development of Safety and Health rules and
safe system of work
• To review the effectiveness of Safety and Health
Programmes
• To investigate any Safety and Health matter brought to
attention of employer
• To review Safety and Health policies and recommend to
employer for revision of such policies
The Functions of SHC
• To perform analysis of incident trends and statistics
• To perform inspections at work place and recommend
preventive and corrective measures
• To perform immediate investigation of accidents, near-
miss accident, dangerous occurrence, occupational
poisoning or occupational diseases occurred at workplace
The Specific Functions of SHC
• Investigates complaints of unsafe or unhealthy practices
and report to employer with recommendations for
corrective actions
• Assist in the development of promotional and education
programmes
• Discusses reports and matters from the safety officer,
enforcement officer.
• Advises the employer on safety and health matters
The Structure of SHC
• Joint managemet-worker committee at workplace
• Company may form other committee to supplement work
of joint committee such as:
 Management committee to oversea work of joint
committee or subcommittee (permanent or ad-hoc)
 Must have clear communication channel between joint
committee and other committee
Effective SHC
• Basic knowledge and interest of members
• On going training and education of members
• Availability of relevant information to members
• Regularity and frequency of meetings
• Fast decision making and follow-up action
• Wide publicity of committee activities
• Recognition of members
• Leadership of chairman
• Stick to safety and health only
Inspection at Workplace
• Inspect at least once in every 3 months
• Discuss the observation of the members during inspection
• Record the details of such circumstances in a report kept
for such purpose
• Make recommendations to the employer on the remedial
measures to be taken on any matter
• Record the recommendations in the report
Investigation into any Accident
• To inspect the place of work as soon as it is safe to do so
• SHO shall furnish the chairman of committee with a report
of his findings
• Chairman shall as soon as practicable (ASAP) convene a
meeting of the committee to discuss the report
• If no SHO, employer or authorized manager shall inform
the chairman or the secretary
Investigating an Accident
• Chairman/ Secretary shall ASAP after the committee has
inspected the place of work convene a meeting to
investigate into such incident
• In the meeting, the committee shall discuss the cause of
accident and make recommendations to the employer to
prevent the reoccurrence of such incident
 SHO or Chairman (if no SHO) shall furnish the employer
or his authorized manager on the recommendations
 Employer or authorized manager shall ASAP discuss the
report or recommendations with SHO or Chairman
 SHO or Chairman shall record the decision of the
employer or his authorized manager
Investigating an Accident
• Employer or authorized manager shall direct any person
employed to take such action
• Employer shall keep a copy of the report for a minimum
period of sevven years
Conduct of Meeting
• Formulate own meeting procedures and terms of
references
• Frequency of meetings:
 Depends on nature of risk at workplace
 At least once a month for high risk workplace
 Once in three month for other workplace
 More frequent meetings during initial period of formation

• In the event of an accident or any other situations which

calls for immediate attentions, meeting should be held
immediately
Conduct of Meeting
• Agenda and minutes:
Early notice in writing and circulation of agenda attached
Only matters pertaining to Safety & Health to be
discussed
Minutes circulated soon, not later than two weeks after
meeting
Training and Information
• Employer to ensure
 Committee members have basic understanding and
knowledge on the function of the committee
 Provide training to the committee member
 Availability of an adequate document & information for
SHC
Act & Legislation
Code of Practices
Technical Informations
Operational Information
Training and Information
• Employee should not do the following during the training:
 Disclose any information which would be prejudicial to
national security
 Disclosure of information which contravene with any law
 Disclose individual matters unless consented to its
disclosure
 Provide any information other than for Safety & Health or
welfare at work
 Any information obtained by the employer fro legal
matters
Penalty
• Any person who contravene any of the provision of these
regulation shall be guilty of an offence and shall be liable
to a fine not exceeding FIVE THOUSAND RINGGIT or
imprisonment for a term not exceeding SIX MONTHS or
to BOTH
THANK YOU