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Legal requirements of Occupational Safety and Health. Occupational Health EOH3202 Dr. Emilia Zainal Abidin Environmental & Occupational Health Faculty of Medicine and Health Sciences University Putra of Malaysia. Human Right.
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Legal requirements of Occupational Safety and Health Occupational Health EOH3202 Dr. Emilia ZainalAbidin Environmental & Occupational Health Faculty of Medicine and Health Sciences University Putra of Malaysia
Human Right • The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being • As defined by WHO
Malaysia: Evolution of OH Law Occupational safety – Boiler inspector in the 20th century Early legislation – Machinery safety FMA Regulations 1.notifiable industrial disease 2.lead 3.asbestos 4.noise 5.mineral dust Factory & Machinery Act 1967 Employees’ SOCSO Act 1969 Chemical & safety awareness increased due to Bhopal 1984 & bright sparkler incidence 1991 OSHA 1994
Social Security Organisation OH related Law in Malaysia – under the Ministry of Human Resources Department of Occupational Safety and health Factory and Machinery Act or FMA and Regulations Occupational Safety and Health (OSHA) 1994 and Regulations – could be downloaded at http://www.agc.gov.my/Akta/Vol.%2011/Act%20514.pdf Employees’ Social Security Act 1969
Factory and Machinery Act 1967 • Prescriptive in nature and very specific • Approach: traditional checklist and stressing on enforcement • Coverage: manufacturing, construction, mining and quarrying work (23% workforce) • Purpose: prevent occurrence of occupational accidents and disease at specified workplaces
FMA and Regulations – health related • FMA 1967 • Notifiableindustrial diseases – in the 3rd schedule • Lead regulations 1984 • Asbestos process regulations 1986 • Noise exposure regulations – 1989 • Mineral dust regulations 1989
Area covered in FMA regulations • Standard • Action level and Permissible Exposure Limit or PEL • Control measures • Engineering, administrative and PPE • Surveillance • Exposure monitoring – ambient and biological sampling • Medical examination – content, frequency, medical removal • Others • Record keeping and penalty
Example 1: Lead regulation 1984 • Medical surveillance • Baseline – exposed > action level • Yearly – blood level > 40 ug/ml • Content: work/medical history, blood pressure, neurological exam, investigation (blood lead, hb, haematocrit, renal profile) • Medical removal protection • Blood lead > 80 ug or average 3 blood sampling > 75 ug • Women of child bearing capacity • Pregnancy and breast feeding
Example 2: Asbestos Process Regulation 1986 • Surveillance: • exposure (personal) monitoring – at interval not longer than 3 months • Medical exam: • frequency: pre employment, 2 yearly • content: history, physical exam, chest x-ray, lung function test • Medical removal: early state of asbestos induced disease
Example 3: Noise Exposure Regulation 1989 • Standard: • Action level: 85 dB (A) • PEL • Continuous >90 dB • Intermittent at any one time – 115 dB • Impulsive – 140 dB • Control measures • Engineering and administrative • Training, warning signs • Hearing protection devices • Exposure monitoring • Audiometric test • Conducted by a competent person • Standard technique • Frequency: yearly, or 2 yearly
OSH Act 1994 • • Need for OSH Act • OSH Act 1994, scope & concept • 1st schedule • Objects of OSHAct • Regulations • Provisions of OSH • • General Duties of Employers and Self-Employed Persons • General Duties of Designers, Manufacturers & Suppliers • • General Duties of Employees • • Liability for Offences • Other provisions of OSH
The Need for OSH Act 1994 Enacted on the 25th of Feb, 1994 on the basis of: Inadequacy of Factory & Machinery Act 1967 on factors pertaining to its: 1. Scope 2. Prescriptive on machinery sector 3. Dependency on government for regulatory processors Statistics on occupational accidents was high: saw the need to reduce rates of accidents arise
Act 514: OSH Act 1994 OCCUPATIONAL SAFETY AND HEALTH ACT 1994 • Provisions for: • Securing the safety, health & welfare of persons at work • Protecting others against risk to S&H due to activities at work • To establish the National Council for OSH & other relevant matter • Act is self-regulatory, based on principles of cooperation and consultation
OSH Act 1994 • Wider scope – covers all workers in all economy related activities (1st schedule) excluding : • Was estimated in 2002, 7 million of working citizens are protected under OSH 1994 (NIOSH 2002) those working on board ships governed by Merchant Shipping Ordinance 1952 Armed forces
Objects of OSHA 1994 • Secure safety, health & welfare of workers • Protect other persons at place of work (visitor, etc.) • Promote occupational environment adapted to physiological & psychological need • Provide system that is flexible to cater rapid change
Act provides for Malaysian Minister to issue regulations to implement OSHA1994 more precisely
Content of OSHA 1994 • National Council for OSH • Department of Occupational Safety and Health • General duties of employers and self-employed • General duties of designers, manufacturers, importers and suppliers • General duties of employees • Safety and health committee at work • Notification • Enforcement and investigation
Under OSHA, the NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH was established • Members consist of - 3 rep from employers organization - 3 rep from employees organization - 3 rep from government - 3 or > rep from professional bodies
Section 16, 17 & 18 • Provide a safety policy (workers >5) • Ensuring other persons are not exposed to risk from activities at the work place • Disseminating information on aspects of work activities that could affect S&H of others Liable to fine of RM 50k or 2 years of imprisonment or both when contravene with section 15, 16, 17 or 18
“So Far As Is Practicable….” • Severity of hazard or risks involved • Current state of knowledge about the hazard or risk & means to control it • Availability of suitable means to eliminate or reduce the hazard or risk • Cost that is involved
Duties of Designers, Manufacturers & Suppliers – Section 20 • Ensuring design & construction of plant is safe • Carry out tests for the above purpose • Disseminate information on the use of plant Penalty : RM 20kor 2 years of imprisonment or both
General Duties of Employees – Section 24 • Take reasonable care for S&H of himself & other persons • Co-operate with employer in regards to adhering to this act • Wear provided PPEs • Comply with instruction instituted by employer on OSH Penalty : RM 1k or 3 months imprisonmentor both
“There are two kinds of people, those who do the work and those who take the credit. Try to be in the first group; there is a lot less competition there”-Indira Gandhi
Guidelines under OSHA 1994 • Guidelines for Public Safety and Health at Construction Site 1994 • Guidelines on Occupational Safety and Health in the Office 1996 • Guidelines on First-Aid Facilities in the Workplace 1996 • Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination 1996 • Guidelines on Method of Sampling and Analysis for Airborne Lead 1997 • Guidelines for the Formulation of a Chemical Safety Datasheet 1997 • Guidelines for the Classification of Hazardous Chemicals 1997 • Guidelines for Labelling of Hazardous Chemicals 1997 • Guidelines on Occupational Safety and Health in Tunnel Construction 1998
Guidelines under OSHA 1994 • Garispanduan Pendaftaran Tenaga Pengajar dan Pengendalian Kursus Induksi Keselamatan dan Kesihatan Pekerja Sektor Binaan 2000 • Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health Doctor 2000 • Guidelines for the Preparation of a Chemical Register 2000 • Guidelines on Trenching for Construction Safety 2000 • Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd Edition) 2000 • Guidelines on the Control of Chemicals Hazardous to Health 2001 • Guidelines on Medical Surveillance 2001 • GarispanduanPenyediaanDokumenDemonstrasiOperasiSelamat (Am) 2001
Guidelines under OSHA 1994 cont. • GarispanduanPenyediaanDokumenDemonstrasiOperasiSelamat (Penstoran Gas Petroleum Cecair Di DalamSelinder) 2001 • PanduanBagiPencegahanTekanan Dan Keganasan Di TempatKerja 2001 • Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health 2002 • Guidelines on Occupational Safety and Health for Standing at Work 2002 • Guidelines on Reproductive Health Policy & Programmes at the Workplace 2002 • Guidelines on Occupational Safety and Health in Agriculture 2002 • Guidelines on Occupational Vibration 2003 • Guidelines on Occupational Safety and Health for Seating at Work 2003 • GarispanduanUntukMemohonSebagaiPusatPengajarPegawaiKeselamatandanKesihatan 2003
Guidelines under OSHA 1994 cont. • Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation 2003 • Guidelines on Gender Issues in Occupational Safety and Health 2003 • Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDU’s) 2003 • Guidelines on Occupational Safety and Health In Logging Operations 2004 • Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace 2004 • Guidelines on Occupational Safety and Health In Service Sector 2004 • Guidelines on First-Aid in the Workplace (2nd Edition) 2004 • Guidelines on Occupational Health Services 2005