LABOUR LAW

1. LABOUR LAW OCCUPATIONAL HEALTH AND SAFETY (1)

2. Learning Objectives

3. THE SIGNIFICANCE OF COMPLIANCE WITH THE SAFETY LAWS • Employers should put effort into providing a safe system of work because the cost of accident is high. • Cost of wages to an injured worker who is on medical leave. • Cost of medical bill • Time cost of those involved in investigating the accident • Cost of repair to the machine damaged in accident • Cost of damage to the company injury • Cost of loss production durinbg investigation • Cost of lowered morale amongst staff.

4. TYPES OF HAZARDS • Chemical hazards, arising from liquids, solids, dusts, fumes, vapours and gases; • Physical hazards, such as noise, vibration, unsatisfactory lighting, radiation and extreme temperatures; • Biological hazards, such as bacteria, viruses, infectious waste and infestations;

5. Psychological hazards resulting from stress and strain; • Hazards associated with the non-application of ergonomic principles, for example badly designed machinery, mechanical devices and tools used by workers, improper seating and workstation design, or poorly designed work practices.

6. The legislations (criminal)

7. 1. FACTORIES AND MACHINERY ACT 1967 • During the 1960s and 1970s, while Malaysia was being transformed into an industrialised country, this statute was the main tool utilised by government to ensure occupational safety and health. • Nevertheless, the application of the act is limited only to factories. • The definition of factories does not include any premises where five or less persons carry on any work in which machinery is used.

8. The scope of the act The act is very brief and covers; Officers of the Occupational Safety and Health Department have the right to inspect machinery used in the factory. Buildings and premises constructed for the purpose of a factory must be designed and maintained in such a way to be safe to the users. Workers are required to be trained before using machinery

9. d) Fire precaution must be observed e) Machinery is to be soundly constructed and guarded. f) Certain machinery must not be operated without a current certification of fitness g) Factories must be clean, proper ventilation reasonable temperatures. h) First aid equipment and drinking water must be provided.

10. I) Certain machinery can only be operated by certified staff issued by the Department of Occupational Safety and Health (DOSH). J) Accidents must be reported to the (DOSH). Investigation must be made by DOSH. k) Doctors treating workers involved in the accident must give a report to DOSH.

11. l) All occupiers, contractors and users of the premises must register with the DOSH. m) All installation of machines requires written approval of DOSH. If the machine is removed to other places, a new approval is needed. n) A constant and regular inspection by the inspector of DOSH every 15 months.

12. OCCUPATIONAL SAFETY AND HEALTH ACT 1994. The Act applies throughout Malaysia to all industries and sectors. The exception: Armed forces and workers governed by the Merchant Shipping laws.

13. The philosophy of OSHA is; “ The responsibility to ensure safety and health at the workplace lies with those who create the risk and with those who work with the risk”

14. RESPONSIBILITIES OF EMPLOYERS • Employers responsible to provide a work place which, “so far as is practicable” is without risk to health. The obligation extents to; • Ensuring proper arrangements for the use or operation, handling, storage and transport of plant and substances • The provision of information, training and supervision; • The maintenance of the place of work and its entrances and exits • The provision of adequate welfare facilities

15. a) Safety training Benefits of training, such as skills development, hazard recognition, etc., a comprehensive training programme in each workplace will help workers to: • recognize early signs/symptoms of any potential occupational diseases before they become permanent conditions; • assess their work environment; • insist that management make changes before hazardous conditions can develop.

16. The laws require all the employers to give appropriate information and training to all employees. In industries which are particularly hazardous, the employers are grouping together and collaborate with NIOSH and DOSH to develop suitable training programme. For example in construction industry.

17. Safety policy Every employer with more than five employees is required to prepare a written statement of his safety and health policy and to make known to his employees. The Act however does not give detail guidelines as what should be in the policy. They can engage a consultant for this purpose.

18. How to make known? The Act is silent on this. Therefore the employers can; a) Framing and hanging the policy in a prominent place visible to all employees. b) Give the individual employee a copy c)Printing policy in the company handbook d) Including a discussion on the policy during induction course.

19. Appointment of a safety and health officer Some organisations (High-risk industry) may be required by the minister to employ a certified safety and health officer. Such organisation include; Building and engineering construction where the contract price exceeds RM20 million. Ship building with more than 100 workers

20. c) Gas and petroleum industry with more than 100 workers d) Chemical industry with more than 100 workers e) Metal and woodworking with more than 100 workers f) Cement manufacturing with more than 100 workers g) Manufacturing firms with more than 500 workers

21. That officer must register with the Director-general of Occupational Safety and Health. The qualification: hold an approved professional or other qualification in safety and health. They must submit a report to the employer every month regarding the health and safety issue.

22. d) Safety and health committees All employers with more than 40 employees are required to establish a safety and health committee at the work place. If the company has the safety and health officer, he should be the secretary of the committee. The size of the committee depends on the number of the workers. If more than 100, at least 2 representatives from the management and 2 from the employees. If more than 100, at least, 8 members.

23. The function of the committee; • to assist in the development of safety and health rules and safe system; • To review the effectiveness of the programmes; • To review safety policies. • To carry out studies on accident trends or occupational diseases; • To recommend improvement in work system.

24. Notification of accidents and occupational diseases Employers must inform the DOSH of all accidents happened the soonest possible followed by written report within 7 days. DOSH will conduct inquiry to find the cause of the accident. The employers must record all cases and it must be kept for five years. The annual report must be sent to DOSH by the end of january each year.

25. Responsible to ensure safety Study and follow all safe practices that apply to their work. Coordinate and cooperate with all other employees in the workplace to try to eliminate on-the-job injuries and illnesses. Apply the principles of accident prevention in their daily work and use proper safety devices and protective equipment as required by their employment or employer. Report promptly to their supervisor every industrial injury or occupational illness.