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The OSH Act, Standards, and Liability

CHAPTER 4. The OSH Act, Standards, and Liability. CONTENTS. 1.How to manage Occupational Safety and Health 2.OSH Act 3.Obligation of employers 4.Responsibilities of employees 5.Rights of employees 6.Safety and health committee 7.Safety and health officer

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The OSH Act, Standards, and Liability

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  1. CHAPTER 4 The OSH Act, Standards, and Liability

  2. CONTENTS 1.How to manage Occupational Safety and Health 2.OSH Act 3.Obligation of employers 4.Responsibilities of employees 5.Rights of employees 6.Safety and health committee 7.Safety and health officer 8.OSHA standards vs regulations 9.Standards and Codes

  3. What’s wrong with this picture?

  4. Requires the commitment of the manager to complete 3 steps: The workplace must have a Policy Statement on Occupational Safety and Health; Planning (including the implementation of HIRARC, training, instructions and auditing) on Occupational Safety and Health. To take remedial action for any improvement to be made. How to manage Occupational Safety and Health at the work place?

  5. Policy statement required for safety and health • The Occupational Safety and Health policy is a written statement briefly stating the following commitment: • The employer will provide safety, health and welfare for the employee during the working hours by implementing the relevant regulations and work procedures; and • The employee will comply with the regulations and work procedures so as to ensure their own safety. • The policy statement will be displayed in strategic places that will be visible to the employee.

  6. Managing OSH at workplace • The employer can start by: • 1st - Identifying the hazards at the workplaces/processes. • 2nd - Evaluate the risks for every activity being carried out. • 3rd- Action to control the said risks. This process is called HIRARC.

  7. OSH Act? • OSH Act 1994 (Malaysia) Part I - PreliminaryShort title • Act applies throughout Malaysia to the industries. • Nothing in this Act shall apply to work on board ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak or the armed forces.

  8. OSH Act Background • Gazetted on February 24, 1994. • The legislation requires all employers with more than five employees to formulate a written Safety and Health Policy of their workplaces. • The Act sets out the responsibilities of the employers and employees in maintaining a safe and healthy working environment.

  9. OSH Act Background • The two main OSH Acts 1. Factories and Machinery Act 1967 (Act 139)3. Occupational Safety and Health Act 1994 (Act 514)

  10. Objective Of The OSH Act • to make further provisions for securing that 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, toestablish the National Council for Occupational Safety and Health, and for matters connected with it.

  11. Who involved under Occupational Safety and Health Act 1994 (Act 514).? Everyone who "work" in • Manufacturing Sector: • Mining and Quarrying; • Construction; • Agriculture, • Forestry and Fishing; • Utilities; • Storage and Comm. • Wholesale and Retail Trades; • Hotel and Restaurant; • Finance, • Insurance, • Real Estate and Business Service Sector; • Public Services

  12. Rationale for the OSHAct Source: JKKP, 2008

  13. Rationale for the OSHAct The most debilitating experience one can have on the job is to be involved in, or exposed to, a work related accident or illness. Effects: -Psychologically stressful for the victim’s fellow workers -Extraordinarily expensive for the victim’s employer Congress passed the OSH Act with the following stated purpose: “…to assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources” Occupational Safety and Health Act (OSHAct), 1970.

  14. Rationale of OSH Act • Uniform law was needed to help reduce the incidence of work-related injuries, illnesses, and deaths and the OSH Act 1970 addressed this need.

  15. Obligations of the employers towards the employees • The employer is obligated to protect the employees in relation to safety, health and welfare through the following procedures: • To provide and maintain a safe plant and working system; • To put in place procedures so as to ensure safety and health in the usage, handling, storage and transportation of the plant and supplies; • To provide information, instruction, training and supervision for new and old employees; • To provide and maintain a working environment that is safe and free from health hazards; and • To provide the necessary amenities for the welfare of those who are working.

  16. responsibility of the employees at the workplace • Every employee has the responsibility to : • Be reasonably attentive so as to avoid injury onto themselves as well as others while carrying out their work activities; and • Co-operate with the employer and others so as to fulfill the provision of the law.

  17. Right of employees! The employees can expect to be protected from discrimination, injury or re-designated by the employer in cases if : • He/She make a report about the unsafe conditions or work practices in the workplace; • He/She become a member of the safety and health committee; and • He/She carry out his/her duties as a member of the safety and health committee.

  18.  Ideal time to form the Safety and Health Committee at the workplace • The employer should form the Safety and Health Committee at the workplace when there are 40 or more employees in the workplace or • when instructed by the Director General of DOSH.

  19. Functions of the Safety and Health Committee • The functions of the Safety and Health Committee at the workplace are : • To review the safety and health procedures at the workplace; • To investigate any complaints or other related matters that are raised; and • To hold regular discussions with the employer on issues relating to safety and health at the workplace.

  20. Safety n Health Officer • An employer who is classified under the Safety and Health Act 1994 must employ a competent person to act as a Safety and Health Officer. • The Safety and Health Officer is to ensure that the Safety and Health Act 1994 is complied with and also instrumental in promoting a safe and healthy working environment.

  21. Employer must notify the nearest DOSH office by the quickest means available using telephone, fax, JKKP 6 or JKKP 7 in the unfortunate event of any accident, hazardous incident, industrial poisoning or illness that has happened or may happen at the workplace.

  22. Penalty! Employer who fail to ensure safety, health and welfare of employees at the workplace shall be guilty of an offence and shall on conviction will be liable to a fine not exceeding RM50,000or to imprisonment not exceeding two yearsor to both.

  23. OSHA Standards vs. OSHA Regulations -OSHA issues both standards and regulations OSHA standards address specific hazards such as working in confined spaces, handling hazardous waste, or working with dangerous chemicals. Regulationsare more generic in some cases than standards and more specific in others.

  24. Confined Space Standard Confined space is a term from labor-safetyregulations that refers to an area whose enclosed conditions and limited access make it dangerous. Confined spacessuch as: -manholes -storage tanks -underground vaults -pipelines -vats -exhaust ducts -boilers -degreasers

  25. Confined Space Standard -Develop in response to the approximately 300 work-related deaths that occur in confined spaces each year. -Applies to a broad cross section of industries that have employees working in spaces with the following characteristics: -limited openings for entry or exit -poor natural ventilation -design not intended to accommodate continuous human occupancy Confined spacessuch as: -manholes -storage tanks -underground vaults -pipelines -vats -exhaust ducts -boilers -degreasers

  26. Confined Space Standard -The key component in the standard is the permit requirement. -Employers are required to develop an in-house program under which employees must have a permit to enter confined spaces. -Employers must do the following -Identify spaces that can be entered only by permit -Restrict access to identified spaces to ensure that only authorized personnel may enter -Control hazards in the identified spaces through engineering, revised work practices, and other methods. -Continually monitor the identified spaces to ensure that any known hazards remain under control

  27. DOSH Legislations: • Act – A product, such as a statute, decree, or enactment, resulting from a decision by a legislative or judicial body • Regulations –a law, rule, or other order prescribed by authority • Order – A direction or command delivered by a court or other adjudicative body and entered into the record but not necessarily included in the final judgment or verdict. • Codes of Practice – set of written rules which explains how people working in a particular profession should behave • Guidelines –A statement or other indication of policy or procedure by which to determine a course of action

  28. DOSH Acts Being Enforced By DOSH • Factories And Machinery Act 1967 (Act 139) • Occupational Safety And Health Act 1994 (Act 514) • Petroleum Act (Safety Measures) 1984 (Act 302)

  29. Eg Regulations : • Factories and Machinery (Steam Boiler And Unfired Pressure Vessel) Regulations, 1970 • Factories and Machinery (Electric Passenger And Goods Lift) Regulations, 1970 • Factories and Machinery (Fencing Of Machinery And Safety) Regulations, 1970 • Factories and Machinery (Person-In-Charge) Regulations, 1970 • Factories and Machinery (Safety, Health And Welfare) Regulations, 1970 • Factories and Machinery (Administration) Regulations, 1970 • Factories and Machinery (Certificates Of Competency-Examinations) Regulations, 1970 • Factories and Machinery (Notification, Certificate of Fitness And Inspections) Regulations, 1970 • Factories and Machinery (Compounding Of Offences) Rules, 1978 • Factories and Machinery (Compoundable Offences) Regulations, 1978 • Factories and Machinery (Lead) Regulations, 1984 • Factories and Machinery (Asbestos Process) Regulations, 1986 • Factories and Machinery (Building Operations And Works Of Engineering Construction) (Safety) Regulations, 1986 • Factories and Machinery (Noise Exposure) Regulations, 1989 • Factories and Machinery (Mineral Dust) Regulations, 1989 • Factories and Machinery (Notification, Certificate of Fitness and Inspection) (Amendment) Regulations, 2004 Factories and Machinery (Steam Boiler and Unfired Pressure Vessel ) (Amendment) Regulations,  2005

  30. Eg: Orders • Occupational Safety and Health (Safety and Health Officer) Order 1997 •  Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

  31. Eg: Codes • Code Of Practice On Indoor Air Quality • Code Of Practice For Safe Working In A Confined Space • Code Of Practice On Prevention And Management Of HIV/AIDS At The Work Place • Code Of Practice On Preventing And Responding To Drug And Alcohol Problems At Workplace

  32. Eg: Guidelines

  33. The list of regulations under this Act are: • 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 Labelling 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

  34. OSHA’s General Industry Standards -The most widely applicable OSHA standards -These standards are found in 29 CFR 1910. -Part 1910 consists of 21 subparts, each carrying an uppercase-letter designation. -Subpart A and B contain no compliance requirement

  35. OSHA’s General Industry Standards SUBPART C: General Safety and Health Provisions -Access to employee Exposure and Medical Records -Employers that are required to keep medical and exposure records must do the following: i)maintain the records for the duration of employment plus 30 years ii)give employees access to their individual personal records

  36. OSHA’s General Industry Standards SUBPART D: Walking-Working Surfaces -Contains the standards for all surfaces on which employees walk or work. 1910.21 Definitions 1910.22 General requirements 1910.23 Guarding floor and wall openings and holes 1910.24 Fixed industrial stairs

  37. OSHA’s General Industry Standards SUBPART E: Means of Egress -Requires employers to ensure that employees have a safe, accessible, and efficient means of escaping a building under emergency circumstances. 1910.35 Definitions 1910.36 General requirements 1910.37 Maintenance safeguards and operational features for exit routes 1910.38 Emergency action plan 1910.39 Fire protection plan

  38. OSHA’s General Industry Standards SUBPART F: Powered Platforms -Applies to powered platforms, mechanical lifts, and vehicle-mounted work platforms. -Apply only employers who use this type of equipment in facility maintenance operations. 1910.66 Powered-platform for building maintenance 1910.67 Vehicle-mounted elevating and rotating work platforms 1910.68 Manlifts

  39. OSHA’s General Industry Standards SUBPART G: Health and Environment Controls -The most widely applicable standard in Subpart G is: 1910.95 Occupational noise exposure

  40. OSHA’s General Industry Standards SUBPART H: Hazardous Materials -Contains four of the most widely applicable standards: 1910.106 Flammable and combustible liquids 1910.107 Spray finishing using flammable and combustible materials 1910.119 Process safety management of highly hazardous chemical 1910.120 Hazardous waste operations and emergency response

  41. OSHA’s General Industry Standards SUBPART I: Personal Protective Equipment -Contains three of the most widely applicable standards 1910.132 General requirements 1910.133 Eye and face protection 1910.134 Respiratory protection

  42. OSHA’s General Industry Standards SUBPART J : General Environment Controls -Contains standards that are widely applicable because they pertain to general housekeeping requirements 1910.146 Permit-required *confined space 1910.147 Control of hazardous energy (lockout/tagout) *A confined space is one that meets any or all of the following criteria: -Large enough and so configured that a person can enter it and perform assigned work tasks therein -Continuous employee occupancy is not intended

  43. OSHA’s General Industry Standards SUBPART K: Medical and First Aid -The most important section of which pertains to eye-flushing. -If employees are exposed to injurious corrosive materials, equipment must be provided for quickly flushing the eyes and showering the body. -Requires medical personnel to be readily available 1910.151 Medical seminars and first aid

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