Sustainable OSH Workplace

Sustainable Occupational Safety and Health at the WorkplaceAzuddin Bahari • Hanum Hassan • Ishak Jainoo Penerbit Universiti Malaysia Perlis Kangar • 2017

© EPUB, Universiti Malaysia Perlis, 2017All rights reserved. No part of this book may be reproduced or transmitted in any forms by any means, electronic, mechanical, or otherwise,whether now or hereafter devised, including photocopying, recording, or by any information storage and retrieval system without expresswritten prior permission from the Penerbit UniMAP, Universiti Malaysia Perlis. MALAYSIAPerpustakaan Negara Malaysia Data Pengkatalogan-dalam-PenerbitanAzuddin BahariSustainable Occupational Safety and Health at the Workplace /Azuddin Bahari, Hanum Hassan, Ishak Jainoo. ISBN 978-967-5415-61-6 (Print) e-ISBN 978-967-0922-48-5 (e-Book) 1. Industrial safety. 2. Industrial hygiene. I. Hanum Hassan II. Ishak Jainoo, III. Title 363.11Published by Penerbit UniMAP, Universiti Malaysia Perlis No. 98, Blok A, Taman Pertiwi Indah, Jalan Kangar-Alor Setar, Seriab, 01000Kangar, Perlis. MALAYSIAMember of Majlis Penerbitan Ilmiah Malaysia (MAPIM), Kementerian Pendidikan Tinggi MalaysiaTel: (04) 979 8131, Fax: (04) 977 5135Webiste: http://penerbit.unimap.edu.myE-mail: [email protected] e-book is best viewed with iBooks. Penerbit UniMAP shall not to be liable for any loss or damage casued by any changes due usage ofany application. The information provided within this e-book is for general informational purposes only. While we try to keep the informationup-to-date and correct, there are no representations or warranties, express or implied, about the completeness, accuracy, reliability, suitability oravailability with respect to the information, products, services, or related graphics contained in this eBook for any purpose. Any use of thisinformation is at your own risk.

ABOUT THE AUTHORSPREFACELIST OF ABBREVIATIONSCHAPTER 1: MANAGING OCCUPATIONAL SAFETY AND HEALTH FUNCTIONS AT WORKPLACEImplementation of OSH Agenda in Micro Enterprise SME’SThe OSH Function in Different SME’S Organizations OSH in Micro Enterprises SME’s OSH in Small Enterprises SME’s OSH in Medium Enterprises SME’sProvision of the Law on the Responsibility and Accountability of EmployerImplementing OHSMS - MS 1722 or OHSAS 18001 Specifications First Element – Policy Second Element – Organizing Third Element – Planning and Implementation Fourth Element – Evaluation Fifth Element – Actions for ImprovementConclusionCHAPTER 2: SAFETY AND HEALTH LAWSHistorical Perspective of Safety Legislations in MalaysiaEvolution of Department of Occupational Safety and Health (DOSH) in Malaysia Steam Boiler Safety Period - before 1914 Machinery Safety Period - 1914 till 1952

Industrial Safety Period - 1953 till 1967 Industrial Safety and Hygiene Period – 1968 till 1993 Occupational Safety and Health Period – 1994 and afterOccupational Safety and Health Act (OSH Act) 1994 Introduction Salient Proviso of the Act Schedules Regulations and Orders Code of Practice GuidelinesFactories and Machinery Act 1967 IntroductionAim of the ActSalient Proviso of the ActSchedulesConclusionCHAPTER 3: RISK ASSESSMENT AND MANAGEMENTDefinitionManaging OSH RiskIdentification of HazardsRisk AssessmentApproaches of Implementing the Risk AssessmentQualitative Risk AssessmentSemi-Quantitative Risk AssessmentRisk ControlConclusion

CHAPTER 4: ACCIDENT AT WORKPLACE AND SOCIAL SECURITY ORGANISATION (SOCSO) COMPENSATION CLAIMDefinitionSOSCO Compensation ClaimSOSCO OrganizationInvalidity Pension Scheme Survivors Pension Invalidity Grant Constant Attendance Allowance Funeral Benefit Rehabilitation Benefit (Invalidity) Education BenefitEmployment Injury Insurance SchemeMedical Benefit Temporary Disablement Benefit Permanent Disablement Benefit Constant Attendance Allowance Rehabilitation Benefit Dependent’s Benefit Funeral Benefit Education BenefitReturn to WorkMake a SOSCO ClaimDealing with ClaimAvenues for AppealAppellate Medical BoardSocial Security Appellate BoardConclusionCHAPTER 5: ACCIDENT INVESTIGATION AT THE WORKPLACE

Laws Pertaining Accident InvestigationImplementing Accident Investigation at the WorkplaceFlow Chart on Reporting Accident, Incident (Including Near-Miss) and Non- Conformance Investigationand Follow UpApproach in Accident InvestigationPlan the InvestigationSearch and Gather Information’s and Facts (5W, 1H)Make Definite RecommendationsConclusion and Write an Accident ReportRecord KeepingConclusionCHAPTER 6: SAFETY AND HEALTH PROGRAMME AT WORKPLACESafety Management at WorkplaceManaging Internal Safety and Health Audit at Workplace Objective Internal safety Management System (SMS) Audit Programme Audit Scope Audit Methodologies Procedure Internal AuditOther Requirements Personnel Internal Auditor Lead Auditor Lead Auditors and Auditors Section Representative Lead Auditor/Internal Auditor Internal Auditor Department Representative / HOD Lead Auditor/Internal Auditor5S Practices: A Tool for Workplace Audit

Definition and ApplicationsWorkplace ScenarioUsing Checklist in Conducting Workplace Audit by Way of 5S PracticesUsing Checklist in Conducting Workplace Audit by Way of MS 1722:2011ConclusionCHAPTER 7: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCES, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES (NADOPOD)Serious Bodily InjuryDangerous OccurrenceResponsibility of EmployersNotification of Accident and Dangerous OccurrencesNotification of Occupational Poisoning and Occupational DiseaseNo Interference at Accident or Dangerous Occurrence SceneRecordsAmendment of ScheduleConclusionCHAPTER 8: CONCLUSION AND SUMMARYBIBLIOGRAPHYINDEX

ABOUT THE AUTHORSAssociate Professor, Lt Col (Retired) AZUDDIN BAHARI KMN, PBS, AMN, AMP, BCK, PPA,MBA (Leicester) PSC, joined Universiti Malaysia Perlis (UniMAP) on 29 September 2003, as alecturer after completing his military service. As a lecturer at the School of Business Innovation andTechnopreneurship or Pusat Pengajian Inovasi Perniagaan dan Teknousahawan (PPIPT), he lectures onOccupational Safety and Health, Business, and Management subjects. On January 1, 2004 to the present,he is appointed as the Director of Occupational Safety and Health Unit UniMAP. He is also active involunteerism activities. He is the Honorary Secretary of the Malaysian Red Crescent Branch UniMAP.Subsequently, for his dedication and hard work, he was awarded by the University with “Versatile StaffAward 2005 and Outstanding Administrator Award 2006” in conjunction with the “Majlis Anugerah SeriGemilang UniMAP” in the year specified.

Dr. HANUM HASSAN hails from Kedah and is a lecturer in Communications at the Centre forCommunication Technology and Human Development or Pusat Teknologi Komunikasi dan PembangunanInsan, UniMAP. She obtained her Bachelor’s Degree from Universiti Utara Malaysia (UUM), Masters inCommunication from Universiti Sains Malaysia (USM) and her PhD from UUM.ISHAK JAINOO, graduated from Universiti Sains Malaysia in 1990. He has over 20 years workingexperience in the manufacturing industries in various fields especially in the technical aspects of tyreprocess, services and quality management. He joined Universiti Malaysia Perlis (UniMAP) in Nov 2009.Currently, he is attached to the Occupational Safety and Health Unit. He had attended various courses onOccupational Safety and Health. He is also currently doing his Masters in Environmental Engineering in

UniMAP.

PREFACEIn the Malaysian environment, statistic from SOSCO indicate 55,186 numbers of accidents reportedthroughout 2009. Of the total number of accidents 34,376 reported in 2009, were industrial accidents.This statistics also include cases of occupational diseases and commuting accidents which stood at20,810 cases. SOCSO provide coverage to eligible employees through 2 schemes namely EmploymentInjury Insurance Scheme and Invalidity Pension Scheme. The Scheme provide protection for employeesagainst industrial accidents, as well as occupational diseases and accidents whilst travelling for workrelated purpose. Conversely, responsibility for safety and health in the workplace lays with those whocreate the risks (employers) and those who work with the risks (employees). Occupational Safety andHealth (OSH), like other management activities consists of planning, organizing, leading and controlling.Safety must be a part of every organization element may it be line or staff elements. Employers in generalhave got to abide by the prevailing laws in particular the Occupational Safety and Health (OSH) Act 1994with regard to OSH at the workplace. The object of the Act “is for securing the safety, health andwelfare of persons at work“ and applies throughout Malaysia in all sectors of the industries. Therefore,employers are to carry out OSH Programs at the workplace so as to ensure a conducive workingenvironment. The implementation of OSH at the workplace can be implemented through theimplementation of Occupational Health & Safety Management Systems (OHSMS) that is MS 1722 orOHSAS 18001 specifications. Hence, the MS1722 tools inconjunction with the OSH Act 1994 providethe framework on occupational safety and health management standard for the development of asustainable safety and health culture in the organization.

LIST OF ABBREVIATIONSADR Accident /Incident detailed reportAIR Accident /Incident Initial ReportDOSH Department of Occupational SafetyFMA Factories and Machineries Act 1967HIRARC Hazards Identification, Risk Analyze and Risk ControlHOD Head of DepartmentMS Malaysian StandardNIOSH National Institute of Occupational Safety and HealthOHSMS Occupational Health and Safety Management SystemsOSH Occupational Safety and HealthOSHAct1994 Occupational Safety and Health Act1994OHSAS Occupational Health and Safety Assessment SeriesPDCA Plan, Do, Check, ActionPPE Personal Protective Equipment.QA Quality AssuranceSME Small and Medium EnterpriseSMS Safety Management SystemS&H Safety and HealthSNCR Safety Non Conformance ReportSOP Standard Operating ProceduresSOR Safety Observation ReportUniMAP Universiti Malaysia Perlis

MANAGING OCCUPATIONAL SAFETY AND HEALTH FUNCTIONS AT WORKPLACEThe management functions as shown in Figure 1.1 consist of planning, organizing, leading and controlling.Consequently, the same functions are applicable in the implementation of Occupational Safety and Health(OSH) agenda at the workplace. However, some writers indicate the OSH activities to consist ofplanning, organizing, controlling, staffing, directing and communication1. Employers can manage the OSHagenda at the work place through the following management functions of: a) Planning Planning means identifying the OSH organizational goals and deciding on the tasks and resources needed to achieve them. In simple term planning define where the organization wants to be in future and how to get there with regard to OSH agenda. b) Organizing Organizing is the action plan by the organization to accomplish the OSH mission at the workplace. Organizing involves assigning tasks, delegating authority, and allocating resources etc. c) Leading Leading aim at creating an OSH shared culture and values, communicating goals to employees and instill employees for better performance at the workplace through motivation. d) Controlling Controlling aim at monitoring employees’ activities, determining the OSH achievements toward its goals, taking corrective actions as and when necessary and implementing continuous improvements.

Figure 1.1: Management vis-à-vis Safety Functions.How do the above mentioned functions support the implementation of OSH functions in organization? Itneeds commitment from top level managers right down to first line managers. The management levels inthe organizational hierarchy consist of Top Managers, Middle Managers and First Line Managers. Thesemanagement levels in the organizational hierarchy have different levels of responsibility in supporting theimplementation of the management of safety, health and environment at the workplace. The different levelsof management with different levels of responsibilities are describe as follows2: a) Top Level Managers: It consists of board of directors, chief executive or managing director. They are the authority and set goals and directions of the business organizations. Top Level Managers will formulate the OSH visions for the organization. These visions are communicated through the organization as a shared vision for the organization. b) Middle Level Managers: Comprise of managers and departmental managers. Middle managers are responsible for implementing the overall strategies and policies of OSH as define by top managers. c) First Level Line Managers: Comprise of the Supervisor, line manager, section chief and office manager and are concerned with operative functions such as assigning of jobs and tasks for day to

day activities to various workers; productions, communications with workers, discipline and many more. Their primary concern is the application of rules and procedures to achieve efficient productions provide technical assistance and motivate subordinates.The organizational chart will assist the reader to understand the management hierarchy in an organizationas aforementioned. The organization chart shows the chain of command or the relationship in theorganization. There are many ways entrepreneurs’ or owners of small business can structure theirorganizations to make it effective. The organization structure can be of Line Organization, FunctionalOrganization, Line and Staff Organization, Project Organization or Matrix Organizations.For most organizations there are two major components Line and Staff. As show in Figure 1.2, therelationship in line and staff organization’s structure is direct and vertical between different levels. Lineelements of an organization are responsible to produce a product or deliver a service. While Staffelements takes care of business matter such as finance, accounting, safety and health, research anddevelopment, and sale etc. The Staff elements assist workers at the production site or line elements on theaspect of OSH through inculcating safety awareness. Figure 1.2: Line and Staff Organization Structure.IMPLEMENTATION OF OSH AGENDA IN MICRO ENTERPRISE SME’sHow does micro enterprise SME’s implement OSH agenda at their work place? Malaysia adopted a

common definition of SME3s. This has facilitated the Government to formulate effective developmentpolicies, support programs as well as provision of technical and financial assistance. An enterprise isconsidered as SME based on the Annual Sales Turnover or Number of Full-Time Employees as shown inthe Table 1.1 below.SMEs have to be registered with the Companies Commission of Malaysia either as a Partnership,Proprietorship or Private Limited Companies to be a legalize entity. These business organizations are setup in accordance to the relevant laws that is “Registration of Businesses Act 1956 (Act 197) andCompanies Act 1965 (Act 125).” Table 1.1: Explanation of SME’s – Annual Sales Turnover and Number of Full-Time Employees. ANNUAL SALES TURNOVERSIZE MANUFACTURING (INCLUDING PRIMARY AGRICULTURE SERVICE SECTOR (INCLUDING AGRO-BASED & ICT) MANUFACTURING – RELATED SERVICES)Micro Less than RM250,000 Less than RM200,000 Less than RM200,000Small From RM250,000 to less than From RM200,000 to less than RM1 From RM200,000 to less than RM1 RM10 million million millionMedium From RM 10 million to less than From RM1 million to less than RM5 From RM1 million to less than RM5 RM25 million million million NUMBER OF FULL-TIME EMPLOYEES SIZE MANUFACTURING (INCLUDING PRIMARY AGRICULTURE SERVICE SECTOR (INCLUDING AGRO-BASED & ICT)Micro MANUFACTURING – RELATEDSmall SERVICES)Medium Less than 5 employees Less than 5 employees Less than 5 employees From 5 to less than 50 employees From 5 to less than 20 employees From 5 to less than 20 employees From 50 to less than 150 employees From 20 to less than 50 employees From 20 to less than 50 employeesTHE OSH FUNCTION IN DIFFERENT SME’S ORGANIZATIONSSafety, health and environment’s element in an organization can be setup as an entity, unit or component inan organization. As an alternative, this element may be setup as a component in the security unit or in thehuman resources unit. The setting up of the aforementioned unit or component will depend on the decisionof the organization.OSH in Micro Enterprises SME’SSafety unit will not be established in micro enterprises SME’s with full time employees less than 5people. In the micro enterprises SME’s, the safety functions at the workplace, will be managed by the

owner who is also the manager. The owner, as an option may appoint a staff/ worker at the workplace tobe responsible to manage safety.OSH in Small Enterprises SME’SOSH issues exist in the Manufacturing, Manufacturing-Related Services and Agro-based industries withthe full time employees of between 5 and 50, or in the Services, Primary Agriculture and Information &Communication Technology (ICT) with full time employees of between 5 and 19 of the small enterprise ofSME. Hence, in these industries, safety programs have to be implemented at the workplace so as to ensurea favorable workplace. Consequently, Safety element may be setup as a unit or alternatively be acomponent in the security unit or human resource unit.OSH in Medium Enterprises SME’SIn Medium Enterprises SME’s, a unit/department may be formed to look into the OSH activities. OSHprograms need to be implemented at the workplace in the Manufacturing, Manufacturing-Related Servicesand Agro-based industries with the full time employees between 51 and 150 and also in the Services,Primary Agriculture and Information & Communication Technology (ICT) where the full time employeesbetween 20 and 50 .PROVISION OF THE LAW ON THE RESPONSIBILITY AND ACCOUNTABILITYOF EMPLOYEREmployers are responsible to ensure the implementation of OSH at the workplace. This requirement isstated in Part IV of the Occupational Safety and Health (OSH) Act 1994 under the theme “General Dutiesof Employers and Self Employed Persons to Their Employees”. The duties of the Employers and SelfEmployed Persons to Their Employees are highlighted in Section 15, Section 16, Section 17 and Section18 as shown in Table 1.2. Table 1.2: General Duties of Employers and Self Employed Persons to Their Employees. PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS Section 154 (1) (2) states the General duties of employers and self-employed persons to their employees that is: a. ensure, so far as is practicable, the safety, health and welfare at work of all his employees; b. the provision and maintenance of plant and systems of work to ensure safety and without risks to health c. make arrangements for safety and absence of risk to health in the use of plant and substances; d. provide information, instructions, training and supervision to ensure safety and health; e. any place of work under the control of the employer or self-employed person, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it that are safe and without such risks; f. the provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work Remarks: This clause requires the employer to provide and maintain plant and system of work that is safe and without risks to health. The employer is required to carry out maintenance of the machine. Section 165. States the Duty to formulate safety and health policy. Except in such cases as may be prescribed, it shall be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization and

arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to thenotice of all of his employees.Remarks: Under this section, the duty to formulate safety and health policy shall apply to all employers or self-employed persons except those who have undertaking of not more than five employees which have been statedin Occupational Safety and Health (Employers’ Safety and Health General Policy Statements) (Exception)Regulations 1995.Employers are required to prepare a written statement of their occupational safety and health policy, organization andarrangements to carry out the policy. There are three components to this policy that is: a. Firstly a general policy statement of employer’s commitment to safety and health outlining the overall philosophy and intent. b. Secondly, a statement of the party to carry out that policy, showing safety and health responsibilities from top management to the shop floor. This statement should include information of persons in the organization responsible for occupational safety and health and their duties. c. Lastly, the policy should also include information on arrangements made to ensure that the policy is implemented to include safety and health training, inspections, accident reporting and investigations, safe systems of work, permits to work system and emergency procedures.Other Requirements with regards of the policy a. The Policy should be written in language easily understood by the employees. b. Every employee should be given a copy of the policy statement and new employees can be given a copy during induction training, c. Safety and health training carried out by employers should include information on the policy. d. The written policy should be displayed at strategic places in the workplace so that it can be seen and read by all employees.Employers are required to review the policy periodically, be signed and dated. In establishments with SHE policies, thepolicies are acceptable as long as information on organization and arrangements to ensure safety and health in theworkplace are included in the policies.Employee’s involvement in formulating and reviewing the policy as stipulated in the Occupational Safety and Health (Safetyand Health Committee) Regulations 1996.Section 176 states the General duties of employers and self-employed persons to persons other than their employees thatis: a. To conduct his undertaking in safe manner, as far as practicable and to inform about the risks associated with their undertaking to persons other than their employees who may be affected. b. To give to persons, not being his employees, who may be affected by the manner in which he conducts his undertakings, the prescribed information on such aspects of the manner in which he conducts his undertaking as might affect their safety/health.Remarks: The employer and self-employed person have an additional duty towards persons other than theiremployees for safety at the workplace. This consist of their contractors, employees of contractors or otheremployer’s employees temporarily visiting the premises, visitors/customers to the premises, Department ofOccupational Safety and Health officers, sales person, family members and members of the public (school groups)both on his premises and within the vicinity. These persons are those who have entered the premises withpermission of the employer. However for trespassers who enter without permission, they are not covered.Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 has illustrated clearly dutiesof employer or occupier to persons outside/surrounding premises. They are required to take preventive measures in order toensure safety of their operations. Among others, they need to have an emergency response plan and provide information (aslisted in Schedule 3 of the regulations) to the public.Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 require specific informationto be given to the members of the public who may be affected by a major accident at certain hazardous industrial activities.Another example would be those living near quarry blasting operations or building construction need to be informed of therisks associated with their activities.Section 187 Duties of an occupier of a place of work to persons other than his employees shall take such measures as arepracticable to ensure that the premises, all means of access thereto and egress there from available for use by persons

using the premises, and any plant or substance in the premises or provided for use there, is or are safe and without risks to health. The employer has an obligation in relation to: a. The maintenance or repair of a place of work. b. The prevention of risks to safety and health that may arise from the use of any plant or substance in the place of work. Remarks: Under the Act, an occupier in relation to a place of work, means a person who has control of the place of work. The duty of the landlord or any other person who leases or rents non domestic premises as a place of work or as a place where they may use plant or substances on the site are spelt out under this subsection.Source: Section 17 – 18, Guidelines on Occupational Safety and Health Act 1994 (ACT 514), Department ofOccupational Safety and Health, Ministry Of Human Resources Malaysia, 2006, JKKP: GP (BI) 1/2006, Page 18-26.From the above mentioned discussions, in the nut shell the law requires the employer to formulate safetypolicy, set up safety committee, appoint Safety Health Officer, and maintain workplace and workingenvironment that is safe and healthy. Employers also shoulder other duties that are equally essential toensure safety and the employee’s health care.In this respect the other additional wide-ranging obligation of the employers and self-employed persontowards their employees is to implement OSH Programs at the workplace. These programs are to ensurethe safety and health of those working in or visiting the workplaces. Some of the OSH Programs to beimplemented at the workplace is as shown in Table 1.3. Table 1.3: OSH Program Can Be Implemented At Workplace. NO. PROGRAM 1. Carry out HIRARC 2. Provide appropriate personal protective equipment to workers 3. Provide safety information to workers 4. Provide education and training at workplace 5. Conduct medical surveillance and medical examination on employees in cases of illness to guarantee their workplace is conducive 6. Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases and inquiry 7. Control of industrial major accident hazards 8. Duty to keep secret 9. Duty to maintain and keep document 10. To implement safety and health programs 11. Duty to entertain and provide medium for complain 12. Plant is so designed and constructed as to be safe and without risk to health 13. Substance use for work is safe and without risks to healthAll of the above mention programs can be undertaken by the employer through the implementation ofOccupational Health and Safety Management Systems (OHSMS) that is Malaysian Standard (MS)1722:2011 or Occupation Health and Safety Assessment Series OHSAS 18001 specifications. These twomentioned standards i.e. MS 1722:2011 and OHSAS 18001 specifications are suitable for application inany organization that needs to implement workplace safety. The adoption of these standards byorganizations leads to compliance with legislations.

IMPLEMENTING OHSMS-MS 1722:2011 OR OHSAS 18001 SPECIFICATIONSOrganizations can implement OHSMS - MS 1722:2011 or OHSAS 18001 Specifications in theirorganizations for certifications or without certification. For certification, there are set requirements,procedure and documentations which organizations must prepare. Auditing for certification to both ofthese standards can be performed in tandem as the requirements lay down in the OHSAS 18001 or the MS1722:2011standards are interrelated. However, this paper aims to discuss on the implementation of MS1722:2011 in organizations.MS 1722:2011 is a Malaysian Standard. The standard focuses on the approach to manage a system onOccupational Safety and Health at the workplace. OSHMS - MS 1722:2011 consist of 5 elements and 19actions as shown in Table 1.4 that need to be taken into considerations when organization’s want to adoptthis standard. Implementation of this standard at the workplace ensures a favorable working environmentat the workplace and also complies with the requirements of the laws.Table 1.4: OSHMS-MS 1722:2011. ELEMENTS ACTIONS First Element - Policy Occupational Safety and Health Policy Second Element – Organizing Employee ParticipationThird Element - Planning and Implementation Responsibility, Accountability and Authority Competence and Training Fourth Element – Evaluation OSHMS Documentation Fifth Element – Actions for Improvement Communication Initial Review OSH Objectives Hazard Identification, Risk Assessment and Risk Control (HIRARC) Emergency prevention, preparedness and response arrangements Management of change Procurement Contracting Performance Monitoring and Measurement Investigation Audit Management Review Preventive and Corrective Action Continual ImprovementFirst Element – Policy a) Occupational Safety and Health Policy Organizations must have a written OSH policy which is prepared through cooperation between employers and the employees. OSH policy is the basis upon which the OHSMS is developed. The policy is a general plan of top management commitment or intention with measurable objectives

and targets. The policy will chart the employer’s responsibility and commitment towards theimplementation of OSH programs at the workplace.The requirement for management or employers to have a written the OSH Policy is affirmed in“Section 16 of OSH Act 1994 as explained beneath. SECTION 16. DUTY TO FORMULATE SAFETY AND HEALTH POLICY Except in such cases as may be prescribed, it shall be the duty of every employer and every self-employed person to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the safety and health at work of his employees and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees. Source: Section 16 of the OSH Act 1994Section 16 of the OSH Act 1994 is applicable to all employers or self-employed persons.However, exception for the implementation of the Act is given to those employers or self-employed persons with workers or undertaking/workplace with not more than five employees.Exception to the implementation of this requirement is stated in Occupational Safety and Health(Employers’ Safety and Health General Policy Statements) (Exception) Regulations 1995.In drafting the safety policy for the organization, the employers or management should include thefollowing prerequisites:i. Employers Commitment.ii. Mission/Objective/Aim.iii. Mechanism for implementation of the policy.iv. Commitment of employers and employees etc.v. Arrangement for the implementation of the policy.vi. Policy elasticity/appraisal, enhancement.vii. Date of enforcement/implementation.viii. Signature.Taking cognizance of Section 16 of the OSH Act 1994, UniMAP had come out with its OSHPolicy that is introduced and signed in May 2005 as shown in Figure 1.3 The OSH Policy wasrevised in February 2007 after the rebranding process of UniMAP from Kolej Universiti toUniversiti (KUKUM). Figure 1.3: UniMAP OSH Policy.

b) Employee Participation Workers and their representatives should be consulted when making workplace rules and procedures so as to ensure the work and the workplace is safe and favorable. Employees at the workplace are to be given proper training relating to OSH awareness and also other related training with regard to their work. Involvement of employees in decision making at the workplace can be undertaken through “Safety and Health Committee.” The law as stated in Section 30 requires that employers with 40 or more persons employed at the workplace to establish a safety and health committee. The requirement of the law is stated in Section 30 as shown beneath. SECTION 30. ESTABLISHMENT OF SAFETY AND HEALTH COMMITTEE AT PLACE OF WORK (1) Every employer shall establish a safety and health committee at the place of work in accordance with this section if: (a) There are forty or more persons employed at the place of work. (b) The Director General directs the establishment of such a committee at the place of work. (2) The composition of a safety and health committee established under subsection (1), the election or appointment of persons to the committee, the powers of the members of the committee and any other matter relating to the establishment or procedure of the committee shall be as prescribed.

(3) Every employer shall consult a safety and health committee with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the safety and health at the place of work of the employees, and in checking the effectiveness of such measures. Source: Section 30of OSH Act 1994 The duties of Safety and Health Committee are stated in Section 31- Functions of Safety and Health Committee. The duties of safety and health committee established at a place of work in pursuant to section 30: i) Shall keep under review the measures taken to ensure the safety and health of persons at the place of work. ii) Shall investigate any matter at the place of work. a) Which a member of the committee or a person employed thereat considers is not safe or is a risk to health. b) Which has been brought to the attention of the employer? iii) Shall attempt to resolve any matter referred to in paragraph (b) and, if it is unable to do so, shall request the Director General to undertake an inspection of the place of work for that purpose. iv) Shall have such other functions as may be prescribed. On the other hand, employees are responsible to abide by rules issued by organization. Amongst the employee duties and responsibilities are stated in “Section 24 General duties of employees at work” as shown beneath. SECTION 24. GENERAL DUTIES OF EMPLOYEES AT WORK (1) It shall be the duty of every employee while at work: (a) To take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work. (b) To co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this Act or any regulation made there under. (c) To wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health. (d) To comply with any instruction or measure on occupational safety and health instituted by his employer or any other person by or under this Act or any regulation made there under. (2) A person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both. Source: Section 24 OSH Act 1994Second Elements – Organizing a) Responsibility Accountability and Authority The employer or the organization is responsible and accountable towards the implementation of OSH Programs at the workplace. Employers have to make known to their employees of all hazard at the workplace. The management responsibility and accountability towards safety and health of

the employees at workplace is as stated in Section 15 (1) and (2) as shown beneath: SECTION 15. GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS TO THEIR EMPLOYEES (1) It shall be the duty of every employer and every self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees. (2) Without prejudice to the generality of subsection (1), the matters to which the duty extends include in particular: a) The provision and maintenance of plant and systems of work that are, so far as is practicable, safe and without risks to health. b) The making of arrangements for ensuring, so far as is practicable, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances. c) The provision of such information, instruction, training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees. d) So far as is practicable, as regards any place of work under the control of the employer or self-employed person, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of the means of access to and egress from it that are safe and without such risks. e) The provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health, and adequate as regards facilities for their welfare at work. (3) For the purposes of subsections (1) and (2): a) ‘Employee’ includes an independent contractor engaged by an employer or a self-employed person and any employee of the independent contractor. b) The duties of an employer or a self-employed person under subsections (1) and (2) extend to such an independent contractor and the independent contractor ’s employees in relation to matters over which the employer or self-employed person: (i) Has control. (ii) Would have had control but for any agreement between the employer and self-employed person and the independent contractor to the contrary. Source: Section 15 OSH Act 1994 The management has to appoint8 an OSH management representative to oversee the implementation of MS 1722:2011 in organizations. He must be a person at the senior management level with responsibility, accountability and authority for: a) The development, implementation, periodic review and evaluation of the OSHMS. b) Periodic reporting to the top management on the performance of the OSHMS. c) Promoting the participation of all members of the organization.b) Competence and Training Employees are to be provided with proper training so as to enable them to be competent to carry out their tasks at the workplace. When to train? Some of the circumstances for the implementation of training at the workplace are: i) A worker lacks the safety skills. ii) A new employee is hired. iii) An employee is transferred to another job or tasks iv) Changes have been made in the normal operation procedures v) A worker has not performed a task for some period of time. The general requirement for training at the workplace is as show in Table 1.5.

Table 1.5: General Requirements for Training.NO. TRAINING REQUIREMENTS 1. Company safety and health program and policy 2. Employee and supervisory responsibility 3. Hazard communication training 4. Emergency and evacuation procedures 5. Location of first aid stations, fire extinguishers and emergency telephone numbers 6. Site specific hazards 7. Procedures for reporting injuries 8. Use of personal protective equipment 9. Hazard identification and reporting procedures 10. Review of each safety and health rule applicable to the job 11. Site tour or map where appropriate c) OSHMS Documentation A series of OSH Documentation will be produced and compile with the implementation of MS 1722:2011 at the workplace. These documents compiled support the implementation of OSH at the workplace. Examples of the documents which are formulated as a result of the implementation of the aforesaid system are as shown in Table 1.5. Table 1.6: OSHMS Documentation.NO. TRAINING REQUIREMENTS 1. OSH policy 2. Hazards identification, risk assessment and risk control procedures 3. OSH Objectives, targets and programs 4. Emergency preparedness and response 5. Incident investigation 6. Audit 7. Competence, training and awareness procedures 8. Communication, participation and consultation procedures 9. Documentation, documents and records control procedures 10. Operational control procedures 11. Performance measurement and monitoring, and evaluation of compliance procedures 12. Investigation, non-conformity, corrective and preventive action procedures 13. Audit procedures 14. Continual improvement procedures 15. Hiring and placement guidelines 16. Workplace housekeeping guidelines 17. In-house general SHE rules 18. Signage/posters and barricade/barrier guidelines 19. Planned general SHE inspection guidelines 20. Permit-to-work system guidelines 21. Preventive maintenance system guidelines

22. Pre-use equipment/material check system guidelines 23. Procurement guidelines 24. Contractor management guidelines 25. Management of change guidelines 26. Personal protective equipment guidelines 27. Hygiene control guidelines 28. Occupational health hazards control guidelines d) Communication Employers have to establish communication channels to enable the workers or the employers to communicate with regard to OSH agenda at the workplace. Employers must communicate the relevant information’s to their employee on matters that have impact on the workers safety and health at the workplace. This can be done through “tool box talks”, bulletin, notices on the bill board etc. The results of effective two-way communication are: a) Organizational policy and commitment can be delivery clearly. b) The passing of relevant information’s, issues and the execution of OSH programs which effects and have bearing on the employees.Third Element - Planning and Implementation a) Initial Review Organizations are to carry out initial review of the OSH implementation in their organization before adopting any OSHMS system. This can be done by looking into what is the practice in the business organizations towards: i. Dealing with the requirements of relevant legislation and OHS management issues. ii. The best practice and performance in managing hazards at the workplace. iii. The efficiency and effectiveness of existing resources devoted to OHS management. The result of the initial review should be documented and to be used as a baseline for the implementation of OSHMS at the workplace. b) OSH Objectives Based on the initial review and consistent with the OSH policy, measurable and quantifiable objectives should be set which are specific to the organization, consistent with the relevant laws, realistic and achievable. Communicate objectives to all relevant functions and levels of the organization. c) Hazard Identification, Risk Assessment and Risk Control (HIRARC) Workers must be protected from all workplace hazards. Management should carry out “HIRARC” or hazards identification, risk assessment and control measures at the workplace. Actions are to be taken on all hazards identified using the ”Hazards Hierarchy of Control” i.e. either eliminate, isolate, engineering control, administrative control or Personal Protective Equipment.

d) Emergency Prevention, Preparedness and Response Arrangements Organizations need to have plan and procedure to deal with an emergency situation. Organizations have to identify conditions that may lead to emergency situation and have a plan of action to deal with that emergency. The management ought to establish or set up Emergency Response Team (ERT) at the workplace which act as “First Responder” in an emergency situation such as chemical spillage, outbreak of fire etcetera. e) Management of Change All amendments with regard to documentation or other related issue that need to be change or made should be evaluated prior to introducing the changes. f) Procurement The organization ought to have procedures on procurement of equipment which takes into consideration safety and health requirements. g) Contracting The organizations ought to have procedures for contractors working on site for ensuring safety and health requirements are applied.Fourth Element – Evaluation a) Performance Monitoring and Measurement Measure, monitor and evaluate OHS performance periodically so as to determine the effectiveness of risk management, and if necessary take preventive and corrective actions. This can be implemented using the Qualitative Risk Assessment or Semi-Quantitative Risk Assessment. b) Investigation All work-related injuries, disabilities, ill health, diseases and near misses, and their impact of OSH performances need to be reported to the relevant authorities as required by the law. In this respect, organizations have to establish the mechanism to conduct investigation. All investigations are to be carried out by competent persons. The result of the investigations ought to be used for corrective actions, be included in the management review and considered for continual improvement activities. i) Audit Regular internal audits are to be conducted at the workplace. The objective of the internal audit is to ensure OSHMS conforms to planned arrangements, has been properly implemented and maintained and is effective in meeting with the organization’s policy and objectives. Scheduled internal Safety and Health audits are carried out at a minimum of once a year or more frequently as the need arises and in line with documented procedures and responsibilities.

ii) Management Review Management must review its activities to ensure OSHMS at the workplace are suitable, adequate, and effective. The review ought to look into the OSH programs implemented and its performance targets.Fifth Element – Actions for Improvement a) Preventive and Corrective Action Arrangement to be established and maintain for preventive and corrective action resulting from OSHMS performances monitoring, audits and management reviews. In areas which indicate that preventive and protective measures for hazards and risks are inadequate, actions are to be implemented in accordance to hierarchy of prevention and control measures. b) Continual Improvement An arrangement ought to be established and maintained for the continual improvement of the relevant element of the OHSMS, with the objective of improving OHS performance.The implementation of the MS 1722:2011 resulted in bringing all levels within the organization to worktogether towards a universal objective that everybody advocates – SAFETY AT THE WORKPLACE.Occupational Safety and Health agenda becomes a value of the organization. These elements can be thebasis for the development of sustainable OSH culture in an organization.



Figure 1.4: UniMAP has implemented the OSHMS: MS 1722:2011.UniMAP is also certified OSHMS: MS 1722:2011 and OSHSAS 18001 certification for twolaboratory. The testimonial is as shown in the attach newspaper cutting.CONCLUSIONOccupational Safety and Health (OSH), like other management activities consists of planning, organizing,leading and controlling. The implementation of OSH agenda in organizations needs commitment from toplevel manager’s right down to first line managers.For most organizations there are two major components - the LINE and STAFF element. There are manyways to assign safety responsibilities in organizations. Safety, health and environment responsibilitiesmay be setup as a unit in the organizations or may be a component in the security or human resources unit.Employers are responsible to ensure the implementation of OSH at the workplace which can beimplemented through the implementation of Occupational Health and Safety Management Systems(OHSMS) that is MS 1722:2011or OHSAS 18001 specifications. MS 1722:2011 is a MalaysianStandard. OSHMS MS 1722:2011 consist of five Elements and 19 actions. The implementation of the MS1722:2011 resulted in bringing all levels within the organization to work together towards a universalobjective that everybody advocates – SAFETY AT THE WORKPLACE. Occupational Safety and Healthagenda becomes a value of the organization. These elements can be the basis for the development ofsustainable OSH culture in an organization.___________________1 Mark A. Friend, James P. Kohn, Fundamental of Occupational Safety and Health, Government Institutes, 2010 Page 213.2 http://www.managementstudyguide.com/management_levels.htm3 http://www.smecorp.gov.my/node/334 Guidelines on Occupational Safety and Health Act 1994 (ACT 514), Department Of Occupational Safety And Health, Ministry Of Human Resources Malaysia, 2006, JKKP: GP (BI) 1/2006, Page 18-265 Guidelines on Occupational Safety and Health Act 1994 (ACT 514), Department Of Occupational Safety And Health, Ministry Of Human Resources Malaysia, 2006, JKKP: GP (BI) 1/2006, Page 18-266 Guidelines on Occupational Safety and Health Act 1994 (ACT 514), Department Of Occupational Safety And Health, Ministry Of Human Resources Malaysia, 2006, JKKP: GP (BI) 1/2006, Page 18-267 Guidelines on Occupational Safety and Health Act 1994 (ACT 514), Department Of Occupational Safety And Health, Ministry Of Human Resources Malaysia, 2006, JKKP: GP (BI) 1/2006, Page 18-268 Clause 3.2.1.5 of the MS 1722:2011

SAFETY AND HEALTH LAWSA group of researchers from “Universiti Malaysia Perlis (UniMAP)” headed by Associate ProfessorLieutenant Colonel Azuddin Bahari (RTD) had conducted a study on “Adherence to Occupational Safetyand Health (OSH) Act 1994 Among Small Business in Perlis.” This study was carried out among workersand owners of the Small Business Sector in Perlis. The objectives of the study was to look into the aspectof awareness of the workers and owners of the Small Business Sector in Perlis towards the existence ofthe OSH Act 1994 and the need to adhere to the law. The results indicate that not many workers or ownersare aware on the existence of the OSH Act 1994 and also the needs to adhere or comply with the Act.Based on the research findings, the research group feels, it is important to disseminate the information onthe laws related to occupational safety and health among workers and owners of Small Businesses. Hencetowards this agenda, this book aims to discuss on the topic of OSH Act 1994 and the Factories andMachineries Act 1967 (FMA 1967). It is hope that this endeavored can assist the Small Business Sectorstowards awareness and compliance with the law.Before we proceed on to discuss on the OSH Act 1994, it is pertinent, to take a look at the historicalperspective of the safety legislation and the evolution of Department of Occupational Safety (DOSH) tillpresent in Malaysia which subsequently leads to the endorsement of the OSH Act1994.HISTORICAL PERSPECTIVE OF SAFETY LEGISLATIONS IN MALAYSIAThe economic structure in Malaysia, at its early stage of development relies heavily on agriculture andmining based activities. Hazards at the workplace prevail in tandem with the growth of these sectors.Actions were taken to address hazards at the workplace. In the year 1878, Mr. William Givan wasappointed as inspector of machines at Taiping, Perak. This appointment was regarded as the first instituteemployment with regard to occupational safety in Malaysia.The Perak state government around 1890 institute a system which allowed private persons to act as boilersurveyors. In 1892, 83 boilers were at work in Perak, but there were few licensed surveyors9. Thissystem was in force until around 1900. However, approximately in 1900, the ‘Licensed Surveyor’ systemcame to an end with the appointment of new inspector of boiler, Mr. Fincham in that year.

In 1892, the Selangor Boiler Enactment was legislated and it was understood to be the first steam boilerlaw of Malaysia. Subsequently, in 1903 the first steam boiler law was enforced in Perak and by 1908,uniform steam boiler legislation was enforced in all the Federated Malay States. In 1913, the MachineryEnactment of 1913 was enacted.These developments lead to the abolishment of the steam boiler enactments of the Federated Malay Stateson 1st of January 1914. With the introduction of the Machinery Enactment of 1913, the title of inspectorsof boiler was change to Inspector of Machinery. With this development, the duties of Inspector ofMachinery encompass that of boilers and the Safety of machinery. This Machinery Enactment of 1913lasted till 1927 when it was replace by Machinery Enactment of 1927.In 1927, a new Machinery Enactment of 1927 came into force. However this enactment was supersededby another enactment that is the Machinery Enactment of 1932. In 1953, all the machinery enactments ofthe Federated Malay States, Unfederated Malays States and the Straits Settlement were abolished andsubstitute with the Machinery Ordinance 1953. Hence, the roles of inspectors too were change to consistof steam boiler, machinery safety and all aspect of factory workers safety that uses those machineries.In 1967, the Factory and Machinery Act was approved by the Parliament which leads to the abolishmentof the Machinery Ordinance 1953. In 1970, the Factory and Machinery Act and its eight regulations wereenforced but only in Peninsula Malaysia. Subsequently, the Act was enforced in Sabah and Sarawak in1980. Hence by 1980, the Factory and Machinery Act was enforced in Malaysia. The inspectors whoenforce the act are renamed as Factory and Machinery Inspector.Another development is the enforcement of the Petroleum Act (Safety Measures) in 1984. This Act wasenforced by the Factory and Machinery Department together with other related government agencies. Thedepartment only enforced provisions in the act relating to transportation of petroleum using pipeline,petroleum distribution, storage and also related equipment and instrument. On another note, Regulations(Safety Measures) (Transportation of Petroleum by Pipelines) 1985 have been fully enforced by thedepartment. With these new responsibilities, the Factory and Machinery inspectors were also gazette asPetroleum Inspector.In 1985 saw further development with the proposal by the National Advisory Council of OccupationalSafety and Health to establish a National Institute of Occupational Safety and Health (NIOSH). TheCabinet approved the establishment of the institute in 1991 and its opening was officiated by the Ministerof Human Resource in December 1992.The OSH Act 1994 or Act 514, a new legislation, was approved by the Parliament in 1993 and gazette onFebruary 1994. This legislation was promulgated given that the FMA 1967 merely cover occupationalsafety and health in the manufacturing, mining, quarrying and construction industries.EVOLUTION OF DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH(DOSH) IN MALAYSIAOSH agenda at the workplace exist ever since 120 years ago. Hence, the evolution of DOSH organization

begins with steam boiler safety and progress on to machinery safety. Subsequently, it was continued withindustrial safety, industrial safety and hygiene and finally the occupational safety and health that coverevery work sector. The chronological development of the department can be described in five periods10: a) Steam Boiler Safety Period - before 1914. b) Machinery Safety Period - 1914 till 1952. c) Industrial Safety Period - 1953 till 1967. d) Industrial Safety and Hygiene Period – 1968 till 1993. e) Occupational Safety and Health Period – 1994 and after.Steam Boiler Safety Period - Before 1914Work related to safety is first performed in Malaysia in the year 1878, when Mr. William Givan wasappointed as Machinery Inspector. During this period, the following events took place: a) 1878 - The appointment of the first Machinery Inspector in Taiping, Perak. b) 1890 - The Perak state government around 1890 institutes a system which allowed private persons to act as boiler surveyors. c) 1892 - The first steam boiler law of Malaysia was believed to be legislated in Selangor, which is the Selangor Boiler Enactment 1892. d) 1903 - The first steam boiler law was introduced in Perak. e) 1908 - Uniform steam boiler legislation was enforced in the Federated Malay States. f) 1913 - Machinery Enactment of 1913 the steam boiler of 1908 was abolished.Machinery Safety Period - 1914 Till 1952During this period, the following events took place: a) On the 1st of January 1914, the steam boiler enactments of the Federated Malay States were abolished and were replaced with Machinery Enactment of 1913. b) In the year 1932, the Machinery Enactment of 1913 was abolished and replaced with Machinery Enactment of 1932. c) The Machinery Branch (specific date of establishment is unavailable) was established under the Mineral Department until 1952. However in 1953, the branch was split off from the department and renamed Machinery Department.Industrial Safety Period - 1953 Till 1967The Machinery Branch was under the Mineral Department until 1952. In 1952, the branch was split fromthe department and renamed Machinery Department. During this Industrial Safety Period the followingevents took place: a) 1953 – All of the machinery enactments of the Federated Malay States, Unfederated Malay States and Strait Settlement States were abolished and replaced with the Machinery Ordinance 1953.

b) 1967 - The Factory and Machinery Act was approved by the Parliament in 1967 which leads to the abolishment of the Machinery Ordinance 1953.Industrial Safety and Hygiene Period – 1968 Till 1993In the year 1967, the Factory and Machinery Act was approved by the Parliament. In 1970, the Factoryand Machinery Act and eight regulations under the act were enforced in Peninsula Malaysia. With thecommissioning of this act, Machinery Ordinance 1953 was abolished and the name of the department waschanged to Factory and Machinery Department. This act was legislated to overcome the weaknesses in theMachinery Ordinance 1953. The Factory and Machinery Act was enforced in Sabah and Sarawak in1980. During these periods, the following development took place: a) 1969 - Reorganization of the Department in 1969. b) 1970 - Establishment of Department of Factories and Machineries. c) 1971 - Formation Anti-Pollution Section and Industrial Hygiene Unit. d) 1980 - Upgrading of Industrial Hygiene Unit to Industrial Hygiene Section. e) 1984 - Petroleum Act (Safety Measures) was enforced. The department enforced provisions in the act relating to transportation of petroleum using pipeline, petroleum distribution, storage and also related equipment and instrument. Regulations (Safety Measures) (Transportation of Petroleum by Pipelines). f) 1985 – Formation of Petroleum Safety Section. g) 1988 – Formation of C.I.S. h) 1991 - Formation of Major Hazard Section, establishment of NIOSH. i) 1992 - Establishment of NOSH.Occupational Safety and Health Period – 1994 And AfterIn April 1994 the Department of Factory and Machinery has been renamed as the DOSH and theInspectors are called Occupational Safety and Health Officers. This development is still effective.DOSH11 is a department under the Ministry of Human Resources. The department is responsible for theadministration and enforcement of legislations related to occupational safety and health. The departmentcarry out enforcement activities on industries governed by the following legislation: a) Occupational Safety and Health Act (OSH Act) 1994. b) Factories and Machinery Act 1967. c) Petroleum Act (Safety Measures) 1984.OCCUPATIONAL SAFETY AND HEALTH ACT (OSH ACT) 1994 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. (Occupational Safety And Health Act 1994 25th February 1994).

IntroductionThe government on 25 February 1994 enacted the OSH Act 1994. The OSH Act 1994 or Act 514 requiresthe workers, employers, societies and government to be involved in ensuring a safe and conduciveworking environment at the work place against risks to safety or health arising out of the activities ofpersons at work. The provisions of the OSH Act 1994 are based on the concept of self-regulation. Theconcept of self-regulation encourages cooperation, consultation and participation of employers andemployees at the workplace so as to ensure a safe and conducive working environment.In Malaysia, the Ministry of Human Resources, through Department of Occupational Safety and Health(DOSH), enforce the OSH Act 1994. This Act applies throughout Malaysia to the industries specifiedbelow:12 a) Manufacturing. b) Mining and Quarrying. c) Construction d) Agriculture, Forestry and Fishing e) Utilities – Electricity, Gas, Water and Sanitary Services. f) Transport, Storage and Communications. g) Wholesale and Retail Trade. h) Hotels and Restaurants. i) Finance, Insurance, Real Estate and Business Services. j) Public Services and Statutory Authorities.This Act does not apply to work on board ships governed by the Merchant Shipping Ordinance 1952, theMerchant Shipping Ordinance 1960 of Sabah or Sarawak or the armed forces.The other prevailing act which concerns the Safety and Health at the workplace is the FMA 1967. Boththe Act ought to be look at when complying with the requirement of the OSH at workplace. However,Section 2 of the OSH ACT 1994 states that “in the event of any conflict or inconsistency between theprovision of this Act and that of any other written law pertaining to occupational safety and health, theprovisions of this Act shall prevail and the conflicting or inconsistent provisions of such other writtenlaw shall, to the extent of the conflict or inconsistency, be construed as superseded.”Salient Proviso of the ActThe arrangement of the OSH Act 1994 contains 67 sections, divided into 15 parts and appended with 3schedules, 7 Regulations and 2 Orders. All the Sections in the Act are essential, however, in this book;the writer intends to discuss only the salient proviso in the OSH Act 1994. The salient proviso is perTable 2.1. Table 2.1: Salient Proviso of the OSH Act 1994. Section 1. Short title and application Section 2. Prevailing laws Objects of the Act

Section 4. Section 5. Appointment of officers Section 8. Establishment of the Council Section 9. Membership of the CouncilSection 10. Second Schedule to applySection 16. Duty to formulate safety and health policySection 17. General duties of employers and self-employed personsSection 18. Duties of an occupier of a place of work to persons other than his employeesSection 20. General duties of manufacturers, etc., as regards plant for use at workSection 21. General duties of manufacturers, etc., as regards substances for use at workSection 23. Penalty for an offence under section 20 or 21Section 24. General duties of employees at workSection 28. Medical surveillanceSection 29. Safety and health officerSection 30. Establishment of safety and health committee at place of workSection 31. Functions of safety and health committeeSection 32. Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquirySection 34. Power of occupational safety and health officer at inquiry Section 35. Power to prohibit the use of plant or substanceSection 36. Aggrieved person may appealSection 37. Approval of industry codes of practiceSection 38. Use of industry codes of practice in proceedingsSection 39. Powers of entry, inspection, examination, seizure, etcSection 44. Power of investigationSection 49. Penalty for failure to comply with noticeSection 51. General penaltySection 52. Offences committed by body corporateSection 63. Appeal committeesSection 66. RegulationsSchedulesThe Act contain three schedules. The Schedules in the Act are as follows:a) First Schedule – Industries Specified by the Act (Subsection 1 (2).b) Second Schedule – Members of the Council (Section 10).c) Third Schedule - Occupation Involving Special Risk to Health (Section 28 (1) (d).The First Schedule of the OSH Act 1994 as at Table 2.2 infer to Subsection 1 (2). The Schedule specifiedthe industries covered by the Act which applies throughout Malaysia to below. Table 2.2: First Schedules of OSH Act 1994. FIRST SCHEDULE [Subsection 1(2)]1. Manufacturing

2. Mining and Quarrying 3. Construction 4. Agriculture, Forestry and Fishing 5. Utilities which include Electricity; Gas; Water; and Sanitary Services 6. Transport, Storage and Communication 7. Wholesale and Retail Trades 8. Hotels and Restaurants 9. Finance, Insurance, Real Estate and Business Services 10. Public Services and Statutory AuthoritiesSource: http://www.dosh.gov.my/doshV2/index.php?option=com_phocadownload&view=category&id=2&Itemid=98&lang=enThe Second Schedules of the OSH Act 1994 as at Table 2.3 infer to Section 10. This Section discussesthe term and role of the “Members of the Council”. Table 2.3: Second Schedule of OSH Act 1994. SECOND SCHEDULE [Section 10] 1. The members of the Council shall hold office for a term of three years or for such shorter period as the Minister may specify and shall be eligible for reappointment for a maximum of two terms. 2. (1) A member of the Council may at any time: (a) Resign from the Council by a notice in writing to the Minister. (b) Be removed from the Council by the Minister for permanent incapacity or other sufficient cause, and upon such resignation or removal the term for which he was appointed shall be deemed to have expired. (2) Where any question arises as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause is sufficient, the decision of the Minister shall be final. 3. (1) The following persons shall be disqualified from being appointed to or being members of the Council: (a) A person who has been found or is declared to be of unsound mind. (b) A bankrupt. (c) A person who has been convicted of any offence involving fraud, dishonesty or moral turpitude, or any offence relating to occupational safety and health under any law made there under. (d) A person who is otherwise unable or incapable of performing the functions as a member of the Council. (2) 2A member of the Council appointed under subsection 9(1) shall cease to be a member: (a) If he fails to attend three consecutive meetings of the Council without the permission in writing of the Chairman. (b) If he becomes disqualified under subparagraph (1). (c) If his appointment is revoked by the Minister. 4. (1) The Minister shall summon the first meeting of the Council and thereafter the Council shall meet not less than once in three months at such place as the Chairman may appoint. (2) The Chairman shall call a meeting of the Council on the request of any two members of the Council and such request shall be in writing with the reason there for. (3) At any meeting of the Council the Chairman shall preside, and in his absence the members shall elect one of their numbers to preside over the meeting. (4) The quorum of the Council shall be six. (5) If on any question to be determined by the Council there is an equality of votes, the Chairman or, in the case where the Chairman is absent, the member presiding over the meeting, shall have a casting vote. (6) Subject to subparagraphs (3), (4) and (5) the Council shall determine its own procedure. (7) The Council shall cause proper records of its proceedings to be kept.

5. There shall be paid such allowances to members of the Council for attending meetings of the Council as the Minister may determine. 6. A member of the Council who has a pecuniary interest whether direct or indirect in any matter to be considered by the Council shall declare the nature of that interest at every meeting at which the matter is considered. 7. No member of the Council shall incur any personal liability for any loss or damage caused by any act or omission in administering the affairs of the Council unless the loss or damage was occasioned intentionally or through recklessness or gross negligence.Source: http://www.dosh.gov.my/doshV2/index.php?option=com_phocadownload&view=category&id=2&Itemid=98&lang=enThe Third Schedule of the OSH Act 1994 as at Table 2.4 infer to Section 28 (1) (d). This Sectiondiscusses the “Occupation Involving Special Risk to Health”. Tables 2.4: Third Schedules of OSH Act 1994. THIRD SCHEDULE [Paragraph 28 (1)(d)] Occupations Involving Special Risk to Health 1. Any occupation involving the use or handling of, or exposure to, the fumes, dust or vap of silica, asbestos, raw cotton dust, lead, mercury, arsenic, phosphorus, carbon bisulphide, benzene, organic-phosphate, nitrous fumes, cadmium, beryllium or pesticides. 2. Any occupation involving the use or handling of, or exposure to, tar, pitch, bitumen, mineral oil including paraffin, chromate acid, chromate or bichro mate of ammonium, potassium, zinc or sodium. 3. Any occupation involving exposure to x-rays, ionizing particles, radium or other radioactive substances or other forms of radiant energy. 4. Any occupation or process carried on in compressed air.Source: http://www.dosh.gov.my/doshV2/index.php?option=com_phocadownload&view=category&id=2&Itemid=98&lang=enRegulations and OrdersAn Act is statute passed by Parliament, complement by subsidiary legislations and, endorse code ofpractice and guidelines. The arrangement of the OSH Act 1994 as aforementioned contains 67 sections,divided into 15 parts and appended with 3 schedules, 7 Regulations and 2 Orders.Regulations and orders are made under the act and describe the requirements which apply to specificwork situations. Regulations and orders are enforceable and non-compliance may result in prosecutionand fines. Regulations and Orders made under the Occupational Safety and Health Act 1994 as shown inTable 2.5. Table 2.5: Regulations and Orders. REGULATION 1. Occupational Safety And Health (Employers’ Safety And Health General Policy Statements) (Exception) Regulations 1995 2. Occupational Safety And Health (Control Of Industrial Major Accident Hazards) Regulations 1996 3. Occupational Safety And Health (Safety And Health Committee) Regulations 1996 4. Occupational Safety And Health (Classification, Packaging And Labeling Of Hazardous Chemicals) Regulations 1997 5. Occupational Safety And Health (Safety And Health Officer) Regulations 1997 6. Occupational Safety And Health (Use And Standards Of Exposure Of Chemicals Hazardous To Health) Regulations 2000 7. Occupational Safety And Health (Notification Of Accident, Dangerous Occurrence, Occupational Poisoning And Occupational Disease) Regulations 2004

ORDER 1. Occupational Safety And Health (Safety And Health Officer) Order 1997 2. Occupational Safety And Health (Prohibition Of Use Of Substances) Order 1999Code of PracticeThe OSH ACT 1994 also provide approved codes of practice. Industry codes of practice are as guidancein compliance with the Act. These codes of practice are not statutory requirements. An industry code ofpractice may13: a) Consist of any code, standard, rule, specifications or provision relating to occupational safety or health approved by the Minister. b) Apply, incorporate or refer to any document formulated or published by anybody or authority as in force at the time the industry code of practice is approved or as amended, formulated or published from time to time.In any proceedings, if there is an industry approve codes of practice, these codes may be used as proof ofcontravention or failure to comply with the provision of the Act and the approved industry code ofpractice shall be admissible in evidence in the proceeding. Hence, Industry codes of Practice14 relating toOccupational Safety and Health approved by the Minister as follows: a) Code of Practice for Road Transport Activities 2010. b) Industry Code of Practice for Safe Working in a Confined Space 2010. c) Industry Code of Practice on Indoor Air Quality 2010. d) Code of Practice on Indoor Air Quality, 2005. e) Code of Practice for Safe Working in a Confined Space, 2001. f) Code of Practice on Prevention and Management of HIV/ AIDS at the Work Place, 2001. g) Code of Practice on Prevention and Eradication of Drug, Alcohol and Substance Abuse in the Workplace, 2005. h) Code of Practice on Safety Health and Environment for Transportation Sector (SHE Code), 2007.GuidelinesThe aim of the beneath mentioned guidelines issued by DOSH is to assist organizations to determine acourse or courses of action. The Guidelines are intended to ensure the actions taken by organizations onits employees or work unit/divisions are reasonable as far as is practicable and apparently worthy. Bydefinition, following or put into practice a guideline is not at all mandatory. Guidelines are not bindingand are not enforced. To date DOSH has issued 48 guidelines as shown in Table 2.6 as follows: Table 2.6: Guidelines. 1. Guidelines On Occupational Safety And Health In The Office - 1996 2. Guidelines On First-Aid Facilities In The Workplace - 1996 3. Examination Syllabus For Engineer’s Certificate Of Competency (Steam And Internal Combustion Engines) Examination - 1996 4. Guidelines On Method Of Sampling And Analysis For Airborne Lead - 1997

5. Guidelines For The Formulation Of A Chemical Safety Datasheet - 1997 6. Guidelines For The Classification Of Hazardous Chemicals - 1997 7. Guidelines For Labeling Of Hazardous Chemicals - 1997 8. Guidelines On Occupational Safety And Health In Tunnel Construction - 1998 9. Guidelines For The Registration Of Assessors, Hygiene Technician And Occupational Health Doctor - 2000 10. Guidelines For The Preparation Of A Chemical Register - 2000 11. Guidelines On Trenching For Construction Safety - 2000 12. Assessment Of The Health Risks Arising From Use Of Hazardous Chemical In The Workplace (2nd Edition) - 2000 13. Guidelines On the Control Of Chemicals Hazardous To Health - 2001 14. Guidelines On Medical Surveillance - 2001 15. Guidelines for Preparation of Demonstration of Safe Operation Document (General) - 2001 16. Guidelines for Preparation of Demonstration of Safe Operation Document (Storage of Liquefied Petroleum Gas In Cylinder) - 2001 17. Guidance for the Prevention of Stress and Violence at the Workplace - 2001 18. Guidelines On Monitoring Of Airborne Contaminant For Chemicals Hazardous To Health - 2002 19. Guidelines On Occupational Safety And Health For Standing At Work - 2002 20. Guidelines On Reproductive Health Policy & Programmers At The Workplace - 2002 21. Guidelines On Occupational Safety And Health in Agriculture - 2002 (Eng) 22. Guidelines On Occupational Safety And Health in Agriculture - 2002 (Malay) 23. Guidelines On Occupational Safety And Health in Agriculture - 2002 (Mandarin) 24. Guidelines On Occupational Safety And Health in Agriculture - 2002 (Tamil) 25. Guidelines On Occupational Vibration - 2003 26. Guidelines On Occupational Safety And Health For Seating At Work - 2003 27. Garis Panduan Untuk Permohonan Pengiktirafan Sebagai Pusat Pengajar Pengendali Perancah - 2003 28. Garis Panduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan Dan Kesihatan - 2003 29. Guidelines On Occupational Safety And Health In Fishing And Aquaculture Operations - 2003 30. Guidelines On Gender Issues In Occupational Safety And Health - 2003 31. Guidelines On Occupational Safety And Health For Working With Video Display Unit (VDU’s) - 2003 32. Garis Panduan Pengiktirafan Sebagai Pusat Pengajar Kursus Operator Kren - 2004 33. Guidelines On Occupational Safety And Health In Logging Operations - 2004 34. Guidelines On Preventing And Responding To Drugs And Alcohol Problems In The Workplace - 2004 35. Guidelines On First-Aid In The Workplace (2nd Edition) - 2004 36. Guidelines On Occupational Health Services - 2005 37. Guidelines On Occupational Safety and Health (Notification Of Accident, Dangerous Occurrence, Occupational Poisoning And Occupational Disease) Regulations 2004 (NADOPOD) – 2005 38. Guidelines On The Use of Personal Protective Equipment Against Chemicals Hazards - 2005 39. Guidelines On Occupational Safety and Health Act 1994 (Act 514) - 2006 40. Panduan Bagi Mengguna Pakai Penaksiran Risiko Bahan Kimia Berbahaya Kepada Kesihatan (CHRA) Secara Generik - 2006 41. Guidelines For The Prevention of Falls at Workplaces - 2007 42. Guidelines For Public Safety And Health At Construction Sites - 2007 43. Garis Panduan Bagi Pengenalpastian Hazard, Penaksiran Risiko Dan KawalanRisiko (HIRARC) - 2008 (Versi Bahasa Melayu) 44. Guidelines for Hazard Identification, Risk Assessment and Risk Control (HIRARC) - 2008 (English Version) 45. Guidelines on Occupational Safety And Health for Design, Inspection, Testing and Examination of Local Exhaust Ventilation System - 2008 46. Guidelines on The Safety Management of Amusement Park Devices - 2008 47. Garis Panduan Latihan Pekerja, Pendaftaran Pusat Pengajardan Pengendalian Kursus Keselamatan dan Kesihatan Pekerjaan di Ruang Terkurung - 2008 48. Guidelines on Storage of Hazardous Chemicals: A Guide for Safe Warehousing of Packaged Hazardous Chemicals - 2005Source: http://www.dosh.gov.my/doshV2/index.php?option=com_phocadownload&view=category&id=2&Itemid=98&lang=enFACTORIES AND MACHINERY ACT 1967 An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of person therein, the registration and inspection of machinery and for matters connected therewith.

[1 February 1970, P.U. (B) 5/1970]IntroductionThe Factory and Machinery Act 1967 (FMA 1967) was first enacted in 1967 as Act No. 64 of 1967 andrevised on April 1, 1974 as Laws of Malaysia Act 139. The Act was gazette on 1 February 1970. Theprinciple of the act is “An Act to provide for the control of factories with respect to matters relating to thesafety, health and welfare of person therein, the registration and inspection of the machinery and formatters connected therewith”.The Act applies only to premises defined within it, particularly “manufacturing, mining and quarrying, andbuilding operations and work of engineering construction”. Prior to beginning factory operations, anemployer has to fulfill certain standard which is perform via filling in the appropriate essential Forms asshown in Table 2.7 Table 2.7: Essential Forms in Managing Factories and Machinery. i. Form JKJ 101: 1/5 FACTORIES AND MACHINERY ACT, 1967 FACTORIES AND MACHINEY (NOTIFICATION, CERTIFICATE OF FITNESS AND INSPECTION) REGULATIONS 1970 – REGULATION 3 (2) NOTICE of first occupation of a machinery as required under section 34 (2) (a) of the Act (Factory as defined under section 2 of the Act). ii. Form JKJ 102 FACTORIES AND MACHINERY ACT, 1967 FACTORIES AND MACHINEY (NOTIFICATION, CERTIFICATE OF FITNESS AND INSPECTION) REGULATIONS 1970 – REGULATION 3 (3), NOTICE in respect of taking over a factory under section 34 (2) (b) of the Act. iii. Form JKJ 103: ½ FACTORIES AND MACHINERY ACT, 1967 FACTORIES AND MACHINEY (NOTIFICATION, CERTIFICATE OF FITNESS AND INSPECTION) REGULATIONS 1970 – REGULATION 4 NOTICE in respect of building operation and works of engineering construction as required under section 35 (1) of the Act. iv. Form JKJ 105: ½ FACTORIES AND MACHINERY ACT, 1967 FACTORIES AND MACHINEY (NOTIFICATION, CERTIFICATE OF FITNESS AND INSPECTION) REGULATIONS 1970 – REGULATION 7 (1) Application for – (a) permission to install machinery under section 36 (1) of the Act; and (b) issue of certificate of fitness in respect of steam boiler, unfired pressure vessel, or hoisting machine not being a hoisting machine driven by manual power v. Form JKJ 106 FACTORIES AND MACHINERY ACT, 1967 FACTORIES AND MACHINEY (NOTIFICATION, CERTIFICATE OF FITNESS AND INSPECTION) REGULATIONS 1970 – REGULATION 7 (2) NOTICE of first use of machinery other than machinery for which a certificate of fitness is prescribed, as required under section 36 (3) of the Act. vi. Form JKJ 127:1/1 JABATAN KESELAMATAN DAN KESIHATAN PEKERJAAN (J.K.J. 127) (KEMENTERIAN SUMBER MANUSIA) BORANG UJIANThe Act contains 59 sections, divided into six parts and appended with 3 schedules, 15 Regulations. Theschedules and regulations contain in the Act is highlight as at Table 2.8. Table 2.8: Schedules and Regulations. NO. REGULATIONS UNDER THE ACT 1. Factories and Machinery (Certificates of Competency - Examination) Regulations 1970 2. Factories and Machinery (Electric Passenger and Goods Lift) Regulations 1970 3. Factories and Machinery (Fencing of Machinery and Safety) Regulations 1970 4. Factories and Machinery (Notification, Certificate of Fitness and Inspection) Regulations 1970 5. Factories and Machinery (Persons - In - Charge) Regulations 1970 6. Factories and Machinery (Safety, Health and Welfare) Regulations 1970

7. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations 1970 8. Factories and Machinery (Administration) Regulations 1970 9. Factories and Machinery (Compounding of Offences) Rules 1978 10. Factories and Machinery (Compoundable Offences) Regulations 1978 11. Factories and Machinery (Lead) Regulations 1984 12. Factories and Machinery (Asbestos Process) Regulations 1986 13. Factories and Machinery (Building Operations and Works of Engineering Construction)(Safety) Regulations 1986 14. Factories and Machinery (Noise Exposure) Regulations 1989 15. Factories and Machinery (Mineral Dust) Regulations 1989 NO. SCHEDULES UNDER THE ACT 1. First Schedule - Dangerous Occurrence [Section 3] 2. Second Schedule Serious Bodily Injury [Section 3] 3. Third Schedule Notifiable Industrial Diseases [Section 32]Aim of the ActAn Act to provide for the control of factories with respect to matters relating to the safety, health andwelfare of person therein, the registration and inspection of machinery and for matters connectedtherewith.Salient Proviso of the ActThe salient proviso of the FMA 1967 per Table 2.9. Table 2.9: Details of the Salient Proviso of the FMA 1967. i. Section 2. Interpretation Of “Factory” ii. Section 3. Interpretation iii. Section 19. Certificate Of Fitness iv. Section 21. Duties Of Occupier v. Section 25. Provisions Relating To Welfare vi. Section 26. Training And Supervision Of Inexperienced Workers vii. Section 29. Certain Machinery Not To Be Operated Without Certificated Staff. viii. Section 30. Panel Of Examiners And Board Of Appeal ix. Section 32. Notification Of Industrial Diseases x. Section 34. Operation Of Factory xi. Section 35. Building Operations Or Works Of Engineering Construction xii. Section 36. Installation Of Machinery, etc xiii. Section 37. Application For Registration xiv. Section 39. Moving or Alteration Of or Addition to Machinery to Be Approved. xv. Section 40. Periodical Inspections xvi. Section 43. Machinery Or Factory No Longer In UseSchedulesThe Act contains 3 schedules as follows:

a) First Schedule - Dangerous Occurrence [Section 3]. b) Second Schedule - Serious Bodily Injury [Section 3]. c) Third Schedule - Notifiable Industrial Diseases [Section 32].What are the contents in these schedules? The First Schedule of the FMA 1967 as shown at Table 2.10refer to Section 3. This Section specifies the “Dangerous Occurrence” at the workplace. “Dangerousoccurrence” means any occurrence in any of the classes listed in the First Schedule. Table 2.10: First Schedules in Factories and Machineries Act 1967. FIRST SCHEDULE - DANGEROUS OCCURRENCE [Section 3] 1. Bursting of a revolving vessel, wheel, grind stone or grinding wheel moved by mechanical power. 2. Collapse or failure of a crane, derrick, winch, hoist, piling frame or other appliance used in raising or lowering persons or goods, or any part thereof (except breakage of chain or rope slings), or the overturning of a crane. 3. Explosion or fire or failure of structure affecting the safety or strength of any room or place in which persons are employed, or to any machinery or plant contained therein. 4. Explosion or failure of structures affecting the safety or strength of a steam boiler or of an unfired pressure vessel; the loss of boiler water, the melting of a fusible plug and the bursting of a tube.The Second Schedule of the FMA 1967 as shown at Table 2.11 also refer to Section 3 under the topic of“Serious Bodily Injury”. This Section specifies the “serious bodily injury” which means any injury listedin the Second Schedule. Table 2.11: Second Schedules in Factories and Machineries Act 1967. SECOND SCHEDULE - SERIOUS BODILY INJURY [Section 3] 1. Emasculation. 2. Permanent privation of the sight of either eye. 3. Permanent privation of the hearing of either ear. 4. Privation of any member or joint. 5. Destruction or permanent impairing of the powers of any member or joint. 6. Permanent disfiguration of the head or face. 7. Fracture or dislocation of a bone. 8. Any hurt which endangers life, or which causes the sufferer to be, during the space of twenty days, in severe bodily pain, or unable to follow his ordinary pursuits.Source: Factories and Machineries Act 1994.The Third Schedule of the FMA 1967 as shown at Table 2.12 refer to Section 32. This Section specifiesthe “Notification of Industrial Diseases” at the workplace. Under this Section every registered medicalpractitioner attending on, or called in to visit, a patient whom to be suffering from any of the diseasesnamed in the Third Schedule and contracted in a factory shall has to report to the Chief Inspector statingthe name and location of the factory in which the patient is or was last employed, the disease from whichthe patient is suffering; and at the same time send a copy of the notice to the occupier of the factory inwhich the patient is or was last employed. Table 2.12: Third Schedule in Factories and Machineries Act 1967. THIRD SCHEDULE - NOTIFIABLE INDUSTRIAL DISEASES

[Section 32] 1. Dust diseases of the lung: (a) Silicosis-inhalation of (SiO2) silica containing dust. (b) Stannosis-inhalation of tin dusts or fumes. (c) Sidersosis or sidero-silicosis-inhalation of dust containing iron and silica, hematite. (d) Asbestosis-inhalation of asbestos dust or fibers. (e) Conditions of respiratory allergy of asthma or chronic bronchitis, or by sinuses resulting from inhalation of dusts of plant origin as cotton, wood, flax, jute, rice husks, cork, spices, hemp, sisal, tobacco, tea, flour and the like and mineral dusts as cements, copper, zinc, or animal dusts as bone or hair. (f) Other pneumoconiosis or fibrotic diseases of the lungs resulting from inhalation of aluminum or talc, or coal. 2. Systematic intoxication by any of the following metals or their compounds, lead, mercury, manganese, phosphorous, antimony, chromium, nickel, beryllium. 3. Intoxication resulting from the use of solvents as benzene and other aromatic hydrocarbons, carbon disulphide, chlorinated hydrocarbons, and petroleum and its derivatives. 4. Pulmonary irritation resulting from inhalation of nitrogen oxides, sulphur oxides, chlorine, phosgene, ammonia, etc. 5. Intoxication resulting from handling of insecticides, or herbicides or fungicides as organic phosphate compounds, nitrogenous and chlorinated compounds. 6. Conditions of occupational dermatitis resulting from handling of mineral oils, acids, alkalis, dusts, and other irritants. 7. Occupational infections as anthrax, ganders, and leptospirosis, tuberculosis, leprosy (where occupational exposure to the last two is evident). 8. Malignant disease resulting from handling or inhalation or contact with carcinogenic tars, or radioactive dusts. 9. Eye conditions resulting from physical trauma as heat cataract, radiation cataract and from irritants. 10. Toxic jaundice resulting from nitro or amino derivatives of benzene or other substances. 11. Subcutaneous or acute bursitis of knee or hand or wrist resulting from manual labor causing severe or prolonged friction or pressure. 12. Conditions resulting from severe heat exposure such as heat cramps or heat stroke. 13. Hearing loss due to excessive exposure to industrial noise of high sound pressure level. 14. Conditions resulting from exposure to ionizing and non-ionizing radiation. 15. Decompression sickness (caisson disease) and conditions resulting from working under water.Source: Factories and Machineries Act 1994.CONCLUSIONThe government had introduced the Occupational Safety and Health Act 1994 and the Factories andMachineries Act 1967 at the workplace. The Act require the workers, employers, societies andgovernment to be involved in ensuring a safe and conducive working environment at the work placeagainst risks to safety or health arising out of the activities of persons at work. Hence, it can be concludedthat safety and health in Malaysia is on the right footing although from time to time we still continue tohear of the frequent workplace accidents which are being publicized by the media.___________________9 http://www.dosh.gov.my/doshv2/index.php?option=com_content&view=article&id=81%3Ahistory&catid=39%3Adosh- profile&Itemid=90&lang=en

http://www.dosh.gov.my/doshv2/index.php?option=com_content&view=article&id=84%3Athe-role-and-10 development&catid=39%3Adoshprofile&Itemid=90&lang=en11 http://www.dosh.gov.my/dosh\/2/12 Section 1, OSH ACT 1994, MDC Publication Sdn. Bhd. 2004, page 18813 Section 37 (3) OSH ACT 1994, MDC Publication Sdn. Bhd. 2004, page 206.14 Source: http://www.dosh.gov.my/doshV2/index.php?option=com_phocadownload&view=category&id=2&Itemid=98&lang=en

RISK ASSESSMENT AND MANAGEMENTHazard identification, risk assessment and risk control (HIRARC) is described as an ongoing process ofidentification of hazards, the assessment of associated risks and the implementation of appropriate controlmeasures so as to reduce risks at the workplace to an acceptable levels. These actions are aim to ensuresafety of jobs carry out by workers at the workplace.DefinitionBefore Implementation of HIRARC at the workplace, several definitions needs to be understood such aslisted in the Table 3.1NO. HAZARDS Table 3.1: Definitions. 1. Hazard DEFINITIONS2. Hazard Identification3. Risk Source or situation with a probability to cause harm in terms of4. Risk Assessment human injury or ill health, damage to property, damage to the5. Tolerable Risk workplace or environment, or a combination of all of the aforementioned.6. Safety Process of recognizing that a hazard exists and defining its7. Trivial Jobs characteristics. Combination of the likelihood and consequence(s) of a specified hazardous event occurring. Overall process of estimating the magnitude of risk and deciding whether or not the risk is tolerable. Risk that has been reduced to a level that can be endured by the company with regard to the legal obligations and its own Occupational Safety And Health policy. Free from unacceptable risk or harm. Jobs with no known or perceivable hazards or hazards with tolerable risks based on experience, knowledge or records.Duties of EmployersThe law had outlined the duties of employers with regards to managing physical condition at theworkplace. The Occupational Safety and Health (OSH) Act 1994 made the following provisions to theemployers: a) Implementing risk management in the workplace for the identification, risk assessment and risk

control. b) Risks that exist at work as far as practicable to be control.Section 4 (c) of OSH Act 1994 had outine the need of the work place that is “to promote an occupationalenvironment for persons at work which is adapted to their physiological and psychological needs”.Subsequently, Section 15 of the OSH Act 1994 states the “General duties of employers and self-employedpersons to their employees”.Under this section ‘as far as is practicable’ every employer is to ensure the safety, health and welfare atwork of all his employees. Employers are required to provide information, instructions, training andsupervision so that safety and health of their employees are ensured. Therefore, with reference toSection15 (2), the duties of the employers are: a) The provision and maintenance of plant and system of work that are safe and without risks to health. b) The making of arrangements for ensuring, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances. c) The provision of such information, instruction, training and supervision as is necessary to ensure the safety and health at work of his employees. d) The provision and maintenance of the means of access to and egress from it that are safe and without such risks. e) The provision and maintenance of a working environment for his employees that is safe, without risk to health, and adequate with regard to facilities for their welfare at work.This implies that the Employers and Self Employed Persons are required by law to ensure the workplaceis safe and healthy. Employers and Self Employed Persons so far as is practicable are to take certainactions at the workplace as mention in Section 3 (1) of the OSH Act 1994 so as “to ensure the workplacesare safe by taking into account”15 the following aspects: a) The severity of the hazard or risk in question. b) The state of knowledge about the hazard or risk and any way of removing or mitigating the hazard or risk. c) The availability and suitability of ways to remove or mitigate the hazard or risk. d) The cost of removing or mitigating the hazard or risk.MANAGING OSH RISKTo ensure the safety and health at work of all employees in the workplace, employers should carry outhazard identification, risk assessment, risk control and, monitoring and review from time to time tocontrol the risks. Hazard Identification, Risk Assessment, Risk Control, Evaluate or Monitoring andReview are the four techniques used in the implementations of risk management at the workplace.The techniques to implement HIRARC at the workplace as aforementioned are as illustrated at Figure 3.1.The processes start with Step 1 (Hazard Identification) through to Step 4 (Evaluate or Monitoring and

Review) and end up with Control Measures taken at the workplace. The loop indicates whether thecontrol measures based on the Hierarchy of Control to be implemented is suitable or improper. Thecontrol measures implemented will confirmed whether hazards will still be present at the workplace orotherwise. Figure 3.1: HIRARC Process.IDENTIFICATION OF HAZARDSIdentification involves the ability to identify all the hazards of the workplace that can cause workers to beexposed to occupational diseases, injuries, and harms to health or death. The actual hazard exists or thehazards workers will face in the workplace depend on the type of work, work activities, types ofequipments, structural design etcetera at the workplace.The identification of hazards, at the workplace can be done by examining the types of hazards that exist atthe workplace that is whether it is physical hazards, biological hazards, and environmental hazardsetcetera. One way of identifying hazards that exist in a workplace is to provide a checklist. This checklistmust contain the details of the work to be done. After all the basic steps required aforementioned arelisted for a work operation, we need to evaluate the work to identify hazards associated with every step

of the job. We will find some hazards may be frequent when compared with other hazards, and some ofthese hazards may cause serious injury. During work activities, some of the hazard that exists at theworkplace is as at Table 3.2.NO. Table 3.2: Workplace Hazards. 1. WORKPLACE HAZARDS 2. 3. Slips/Fall (same level, from height) Hazards from rollers, conveyors, hoists, lifters 4. Hazards from plant and machinery (operation, maintenance, modification, installation, commissioning, repair and 5. dismantling) 6. Hazards from lifting/handling of tools, materials 7. Transporter hazards (trolley, forklift, trailer, lorry) 8. Fire and explosion 9. Inadequate headroom 10. Chemicals/substances causing harm to eyes, skin, body 11. Harmful energies (electricity, radiation, noise, vibration) 12. Environmental hazards (lighting, temperature, air quality) 13. Slippery, uneven ground/surface 14. Contractors’ activities Falls of tools, tires materials from heights Inadequate hand rails on stairsEffective way to identifier hazards in the workplace can be undertaken through “a single way” or acombination of the following ways: a) Sought the view so employees. b) Observations c) Examinations of the legal requirements and code of practices and supporting documents/guidelines. d) Printed Information’s either from NiOSH, JKKP and other publications. e) Prepare a checklist. f) Conducting surveys. g) Data Analysis of unsafe acts, unsafe conditions, accidents and injuries.RISK ASSESSMENTRisk can be measured through Qualitative methods, Semi Quantitative and Quantitative Analysis. Risk is acombination of Likelihood and Consequences/Severity which is associated with unsafe event that occurs,which causes injury, damage or loss caused by the hazard. The main aspect in the consideration of riskassessment is: a) Likelihood – Injury, severe pain, damage or loss will occur. b) Consequences/Severity-Potential for injury, severe pain, damage or loss.Other factors that need to be taken into consideration are the exposure factor that is the number of peopleexposed to hazards. Hence, the risk can be measured by means of the formula: