OSH legislation in Malaysia

1. OSH legislation in Malaysia • FACTORIES AND MACHINERY ACT (FMA) 1967 • PESTICIDES ACT 1974 • ATOMIC ENERGY LICENSING ACT 1984 • PETROLEUM (SAFETY MEASURES) ACT 1984 • OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) 1994

2. Why the OSHA 1994 • Prior to the OSHA 1994, the FMA 1967 was the primary legislation on occupational safety and health matter. • However, the FMA 1967 has the following disadvantages: • Scope is limited to only the manufacturing sector • Prescriptive, detailed regulations • Too dependent on the government • And hence, the formulation of the OSHA 1994, which covers all aspects of the economy including the public services and government bodies.

3. Occupational Safety and Health Act 1994 • OSHA 1974 was gazetted in Feb 1994 based on intensive study of 1988 -1992 accident statistic • Covers all sectors of the economy EXCEPT the armed forces and those on board ships (who are subjected to the Merchant Shipping Ordinance 1952, and Merchant Shipping Ordinance 1960 of Sabah and Sarawak). • Administered and enforced by the Department of Occupational Safety & Health (DOSH) under the Ministry of Human Resources.

4. Objectives of OSHA 1994 • To ensure the safety, health and welfare of persons at work against risks to safety and health arising from workplace activities. • To protect non-employees at a workplace from risks to safety and health arising from workplace activities. • To promote an occupational environment at the workplace that is adapted to their physiological and psychological needs. • To provide means of developing regulative system and industry codes of practice to maintain/improve OSH standards.

5. Philosophy and Guiding Principles • “Responsibilities to ensure safety and health at workplaces lies with those who create the risk and with those who work with the risk.” • Self regulation • Tripartite approach: government, employer and employees at workplace Employees, workers Employers, designers, manufacturers, suppliers

6. General Duties of an Employer/self employed (P IV) • Provide and maintain systems of work including machineries, equipment, tools, and storage and transportation facilities that are safe and without health risk. • Provide information, instruction, training and supervision to ensure that all activities, including the operation of machineries and handling of toxic substances, are carried out safely and without health risk. –Section 15 • Provide a safe workplace for both employees and visitors, with adequate means of access and exit and welfare facilities. • For employers with more than five employees, formulate a written policy on OSH matters and inform all employees regarding the policy. –Section 16 • Penalty for failure to comply: RM 100,000 or two years imprisonment or both.-Section 19

7. General Duties of a Designer /Manufacturer /Supplier(P V) • To ensure that machineries or substances supplied are safe and without health risks when properly used. • To arrange for necessary testing of machineries or substances supplied. • To provide sufficient information and training to ensure the safe use of machineries or substances supplied. • To carry out necessary research to minimize any risk to safety or health that may arise from machineries and substances supplied.-Section 20 • To ensure the safe installation of machineries supplied. • Penalty for failure to comply: RM 20,000 or two years imprisonment or both.

8. General Duties of an Employee(P VI) • To take care to ensure the safety of himself and other persons. • To provide full cooperation to the employer and other persons in complying with the requirements of OSHA 1994. • To wear or use, at all times, any protective equipment or clothing provided by the employer.-Section 24 • Not to intentionally, recklessly or negligently interfere with or misuse any item provided or activity carried out in the interest of OSH in pursuance of the OSHA 1994.-Section 25 • Penalty for failure to comply: RM 1,000 or three months imprisonment or both.

9. Safety and Health Organisation (P VII) • An employer with 40 or more employees must establish an OSH committee. -Section 30 • Both management and workers must have adequate and equal representation in the committee. • The committee provides a path for consultation and cooperation between management and workers in identifying, assessing and controlling workplace hazards. • Among the committee’s functions are • review OSH measures undertaken; • inspect the workplace; • investigate possible hazards, accidents, near-misses; • recommend corrective action. • Penalty for failure to comply: RM 5,000 or six months imprisonment or both

10. Safety and Health Officer • Employers in certain high-risk industries, with greater than a given number of employees, must appoint a qualified Safety and Health Officer. –Section 29 • The officer must have completed a training course in OSH and passed all required examination, have experience in the area of OSH of at least 10 years, and be registered with the Director General of OSH. • Among the officer’s functions are: • prepare & submit monthly reports on OSH matters; • act as the secretary to the safety and health committee; • advise on and assist in OSH measures to be taken; • inspect the workplace to identify and correct potential hazards; • investigate possible hazards, accidents, near-misses; • collect and analyze OSH statistics.

11. Factors contribute to Workplace Accidents • Lack or no training on the job • Absence of clear safe working procedures. • Lack of on-the-job supervision. • Act of negligence on the part of the workers. • Other factors such as machinery breakdown, poor plant/machinery maintenance etc.

12. Regulations under the OSHA 1994 • OSH (Control of Industrial Major Accident Hazards) Regulations 1996 • OSH (Safety and Health Committee) Regulations 1996 • OSH (Safety and Health Officer) Regulations 1997 • OSH (Classification, Packaging and Labeling of Hazardous Chemicals) Regulations 1997 • OSH (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000

13. Construction (Design & Management) Regulations (CDM) - Roles & Duties • Under CDM, clients’ duties have to be pointed out to them by designers (Regulation 13(1))-applies to all who design. • In the engagement of designers and contractors and in the formal appointment of the principal contractor, the client can ask for the advice of the planning supervisor who must be in a position to give it, (Regulation 14(c)).

14. The client has to provide the planning supervisor with information about the site or premises relevant to his functions, including matters that designers must take into account, (Regulation 11, ACoP Para.50) • Designers have to, (R13) • Take reasonable steps to ensure that the client for the project is aware of his duties under the Regulations • Ensure that the design they prepare includes adequate regard to: • Avoiding foreseeable risks to the health and safety of anyone carrying out construction or cleaning work, or persons who may be affected by such work. • Giving priority to measures which protect all persons carrying out the work or persons affected by the protection of the individual person carrying out the work

15. Designers have to, (R13) (cont’d) • Ensure that the design includes adequate information about the affect on health and safety of any aspects of the project • Co-operate with the planning supervisor and with any other designer. • Designerisonly responsiblefor includingwithin the designmatters which were reasonably foreseeableat thetime the design was prepared. • Designeralso make clear that health and safety is only one of the balance of considerationto be taken into account, including cost, buildability, fitness for purpose, aesthetics and environment impact, (ACoP Para. 57)

16. Designers’ intention and assumptions about health and safety must be stated, (Regulation 13(2)(b)), so that the residual risks are clear, and to enable reliable performance by a competent contractor. • Planning supervisor ensures that the file is started which will contain information relevant to construction, maintenance and repair work on the completed structure (Regulation 14(d)). • The plan is produced to manage the risks that appear from the design process, (Regulation 15(1)and(3)). • The client must see that the plan has been developed to an appropriate degree (Regulation 10, ACoP 48).

17. The role of the designer considered • The designer is concern greatly with risk avoidance and reduction in design. • Concept and feasibility: • Can the footprint of the structures be arranged so as to assist traffic circulation and safe access to the street on an awkward site? • Can major services be avoided or diverted? • Can areas of contamination be avoided?

18. Scheme and detail design: • Will precast construction reduce exposure in potentially dangerous locations? • Can ground level prefabrication be adopted? • Could work below the steel erectors be completed first? • Can work at heights be assisted by jointing detail?

20. Thank you References • ‘Occupational Safety and Health Act 1994 (Act 514), PNMB, 2004 Kuala Lumpur on behalf of Malaysian Government. • ‘Construction (Design and Management) Regulations 2007 (CDM), 2007 No. 320.