Risk = Likelihood x Consequences/ SeverityWhat is the Likelihood of the hazard taking place at the workplace and what are the Consequences if ithappens? Hence, the Risk factors of Likelihood and Consequence/Severity are as shown in Table 3.3 toindicate the frequency of likelihood and the consequences if hazards are present at the workplace. Table 3.3: Details of Risk Factors. DETAILS OF LIKELIHOOD DETAILS OF CONSEQUENCES/SEVERITYHighly Unlikely 1 Perhaps it may occur but will not Negligible Injuries 1 Injuries that are too minor or small happen such as small cuts that need only basic first-aid treatmentUnlikely 2 Rarely can occur/take place Minor Injuries 2 Minor injuries or short-term illness that involves of working days or damage to propertyLikely 3 Can occur occasionally or sometime Major Injuries 3 Severe injury or severe illness, prolonged or severe damage to propertyVery Likely 4 Can occur frequently Fatality (Death) 4 Can cause death or damage to facilitiesAPPROACHES OF IMPLEMENTING THE RISK ASSESSMENTThere are several approaches that can be used to implement the risk assessment. The methods can be usedare as follows:i. Qualitative Risk Assessment.ii. Semi-Quantitative Risk Assessment.iii. Quantitative Risk Assessment.However, in this book, the author endeavor to highlight only two methods that are the Qualitative RiskAssessment and the Semi-Quantitative Risk Assessment.QUALITATIVE RISK ASSESSMENTIn undertaking risk assessment using the Qualitative Risk Assessment Method, words are use to describethe “Likelihood and Consequences/Severity “to risk factors. Since there are four levels in theinterpretation of “Consequences/Severity” and the four levels in the interpretation of “Likelihood”, hencethis interaction has resulted in three scales that is “LOW, MEDIUM and HIGH,” and as shown in Table3.4 Qualitative Risk Assessment. Table 3.4: Qualitative Risk Assessment. CONSEQUENCES/ LIKELIHOOD SEVERITY HIGHLY UNLIKELY UNLIKELY LIKELY VERY LIKELYNegligible Injuries Low Medium Low Low
Minor Injuries Low Medium Medium MediumMajor Injuries Low Medium High HighFatality (Death) Medium Medium High HighWhat does the Risk Level of “Low, Medium and High means? The aforesaid risk level is explained inTable 3.9. Consequently, how to implement Qualitative Risk Assessment at the workplace? To conductHIRARC at the workplace, the Job List Form, HIRARC Form and HIRARC Risk Table will be make useof. This aspect will be discussed under the theme “Conducting HIRARC at the Workplace” beneath.SEMI-QUANTITATIVE RISK ASSESSMENTIn this risk assessment method using the Semi Quantitative Risk Assessment, as shown in Table 3.5,words that were used in the Qualitative Risk Assessment method above mention are given value from 1till 4 to explain the “Likelihood and Consequences/Severity.” For example the risk factor of “HIGH” isgiven the value of “4”. Thus, the value of “4”is to reflect the risk factors as:“Very Likely” that is to occur frequently and the consequences is, it “Can cause death or damage to facilities “Simultaneously, the value of “1” is to reflect the risk factors as “Highly Unlikely to Occur”. Results obtainfrom risk assessment using Semi-Quantitative Risk Assessment will be in the form of numerical values ornumbers Table 3.5: Semi-Quantitative Risk Assessment.CONSEQUENCES/ LIKELIHOODSEVERITY HIGHLY UNLIKELY 1 UNLIKELY 2 LIKELY 3 VERY LIKELY 4 Negligible Injuries 1 Low 1 Medium 4 Minor Injuries 2 Low 2 Low 2 Low 3 Medium 8 Major Injuries 3 Low 3 High 12 Fatality (Death) 4 Medium 4 Medium 6 High 16 Medium 4 Medium 6 High 9 Medium 8 High 12Risk Level: Low [ 1 ~ 3 ], Medium [ 4 ~ 8 ], High [ 9 ~ 16 ]What does the Risk Level of “Low [ 1 ~ 3 ], Medium [ 4 ~ 8 ] and High [ 9 ~ 16 ] means? The aforesaidrisk level is explained in Table 3.9. Consequently, how to implement the Semi-Quantitative RiskAssessment at the workplace? This aspect will be discussed under the theme “Conducting HIRARC at theWorkplace”.RISK CONTROLThe problem of workplace hazards is not something new. Sometimes the action to address current riskstaken by employers will create new risks. Although this scenario exists at the workplace, the law hasoutlined the responsibility of employers and employees. Employers are responsible for protecting
workers by ensuring safe and healthy workplace. One of the practices implemented by the industries toensure employees working in safe and healthy environment is to reduce or eliminate the risk at workplace.There are several ways to control risk. A hierarchy of control measures can be applied to all hazards byusing the hierarchy of control which begin either by Elimination, Substitute, Isolate, Engineering Controland/or using Personal Protective Equipment. When assessing the risks in the workplace, the risks can beaddress by taking action through The Hierarchy of Control Measure as shown Figure 3.2. Figure 3.2: The Hierarchy of Control Measure.CATEGORY EFFECTIVENESS Explanation RemarksRemove Type Most EffectiveReduce Eliminate Removing hazard or hazardous Fairly Effective Substitute work practice from workplaceControl Least Effective Isolate Replacing a hazard or hazardous work practice with a Engineering Control less hazardous one. Administrative Separating the hazard or hazardous work practice from PPE people not involved in the work areas (e.g. marking and guarding) Modifications to tools or equipment (e.g. modification, photo-eye, safety plate) Introducing work practices that reduce the risk (e.g. limiting exposure) A last resort measure. Used when other measures are not practical or to increase protection (e.g. ear plug, safety shoe, goggle, mask).Note: When recommending controls, priority is given to “higher” controls where use of PPE is least preferred.In the nut shell the control measure that can be implemented at the workplace consist of the following: • Remove (this is the most effective control measures) consisting of • Elimination • Reduce (this is a fairly effective control measures) consisting of • Substitute. • Isolate. • Engineering Control. • Control (this is the least effective control measures) consisting of • Administrative Control. • Personal Protective Equipment.a) Elimination The best way to eliminate the risk is to completely rid or removing hazard or hazardous work practice from workplace altogether.
b) Substitute Replace the material or process with a less hazardous one. For example, the management could substitute a noisy machine with a less-noisy machine for the task, or introduce a less-noisy work process.c) Isolate Place a barrier or related items between the hazard and people within the workplace e.g. a fence surrounding the hazard, separate the noisy process or equipment from the workers by relocation.d) Engineering Control Engineering control entails installing or using additional machinery such as local exhaust ventilation to control the risk. Other measure are by placing guarding over dangerous items of machinery, use guards on compression testing machines, introduce enclosures, barriers, interlocks and two-hand control etc.e) Administrative Control It entails introducing work practices that reduce the risk (e.g. limiting exposure). Among the aspect to be considered is the training of employees, job rotation, work schedules and work by rotation of work, safe work procedures, safety checks on equipment, barriers to entry/tag out, etc.f) Personal Protective Equipment (PPE) PPE is considered in situations where other hazard controls are not practicable. This is the last of hazard control measures. This aspect take into consideration of the head and face protection, eye protection, protection of the ear, respiratory protection, skin protection etc.g) Evaluate or Monitoring and Review Check back from time to time on the hazards, hazards identified and risk control actions are implemented to ensure that no new hazards emerge. If there is new emerging hazards, risk control actions should be implemented immediately so as to ensure a safe and favorable working environment.h) Conducting HIRARC at the Workplace To conduct HIRARC at the workplace, the Job List Form, HIRARC Form and HIRARC Risk Table will be make use of. These aforementioned forms are used in UniMAP for HIRARC. These forms are developed when UniMAP embark for its MS 1722:2011 and OHSAS 18001 certification. Hence, UniMAP would like to share the usage of these forms with any organization that would like to undertake HIRARC at its workplace. How to use these forms? This will be subsequently explained beneath.i) Job List Form In carrying out HIRARC exercise at the workplace, the initial step is to use the “Borang Senarai Tugas OSHMS-04-04A (1)” or “Job List Form OSHMS-04-04A (1)” as at Table 3.7. The person
undertaking the HIRARC exercise needs to identify jobs and their activities. List jobs on “Job List Form” covering routine and non-routine jobs (repair and maintenance, 5 ‘S’, start-ups, and shut- downs) as shown in Table 3.7. For jobs that need to conduct HIRARC but do not have procedures, break job into its major activities (steps).j) HIRARC Form or Borang HIRARC The next step is to use the HIRARC Form or “Borang HIRARC” as at Table 3.8. What need to be done? The person undertaking the HIRARC exercise needs to Identify Hazards. Table 3.6 shows how to conduct Hazard Identification. Table 3.6: Process of Hazard Identification. For each activity, identify the hazard(s) considering who might be harm and how. List hazard(s) into HIRARC Form (OSHMS-02-01) at Table 3.8. There can be more than one hazard for each activity. (Note : In ide ntifying hazards, wide -base participation is e ncourage d. Ope rators familiar with the ir ope rations are to be consulted and encouraged to contribute ideas or information’s on hazards and control measure. Additionally data or information on past accidents, incidents and emergencies, non-conformances and investigation results are to be referred to when identifying hazards).Risk Assessment TableThe next step is to “Assess Risk Associated to Hazards. At this juncture, Risk Assessment Table as atTable 3.9 will be used.” How to do it? This is subsequently explained beneath as follows:a. Assess Risk associated to Hazards: i. List nature of existing Safety control measure(s), if available. (Example: SOP, safety rope, emergency switch, machine guarding, PPE). ii. Carry out Risk Assessment using the Risk Assessment Table as at 3.9. • Assess the Likelihood (i) of occurrence (either 1, 2, 3 or 4). • Assess the Severity (ii) of occurrence (either 1, 2, 3 or 4). • Pick score (1 to 16) where (i) and (ii) meet. (Example: Likelihood 2, Severity 3, pick score where (i) and (ii) meet. Hence = score of 2 x 3 = score of 6, etc.). iii. Repeat the step i, ii, and iii for asset column. iv. Record score into HIRARC form.Note : Ris k as s e s s me nt is made afte r taking into cons ide ration e xis ting s afe ty controls .b. Recommend safety risk control measures: i. List nature of control measures into HIRARC form. (Example: New or revised SOP, install emergency rope/guarding, use of PPE, etc.). ii. Register all HIRARC risk scoring 4 to 16 in HIRARC register form.Note : All ris ks s coring 4 to 16 will re quire the introduction of ris k control. Whe n re comme nding controls , priority is give n to“highe r” control whe re us e of PPE is le as t pre fe rre d. Als o, practicability, e as e and timing are to be take n into cons ide ration.
c. Review and submission of completed HIRARC Form. i. All completed HIRARC forms are to be review and authorized by Head of Department responsible for the safety of his area. ii. Ensure standardization and consistency of scoring within the Safety Area.d. Completion of recommended risk controls: i. Monitor and ensure all recommended safety risk controls are promptly and effectively installed/ implemented. ii. Priority of completion will be based on risk level, ease of completion & practicability. iii. Reassess risks to ensure residual risks are acceptable (i.e., score of 3 and below). Otherwise repeat steps 4 to 6. Table 3.7: Job List Form or Borang Senarai Tugas.Department Name JOB LIST FORMSection (Hazard identification, risk assessment and risk control procedures) : Environmental Engineering : Biological LaboratoryNo Job List / Hazard Source (S) SOP HIRARC YES No Reference SOP (If available) Yes No1. Microorganism Observation / /2. Total Suspended Testing / / 3. Chemical Oxygen Demand’s Reagent Making / / 4. Sample Preservation / /5. Ammonical Nitrogen Testing / / *All the job list please included the activity routine and non-routine at the department.Prepared By : Nur Emylia Binti Johari Reviewed : Head Of DepartmentDate : 29th March 2011 by Date : 30th March 2011 Table 3.8- HIRARC Form ((OSHMS-02-01) or Borang HIRARC.
RATING Table 3.9: Risk Assessment Table. 1 DESCRIPTION 2 Perhaps it may occur but will not happen or Occur Yearly 3 Rarely can occur/take place or Occur 6 Monthly 4 Can occur occasionally or sometimes or Occur Monthly Can occur frequently or Occur Daily Severity of Harm RATING PEOPLE ASSET DAMAGE (COST – RM) 1 2 Negligible Injuries First Aid / Near Miss < RM10k 3 Minor Injury / Loss Time Injury (< 4 days) < RM50k 4 Major Injury / Permanent Disability / Lost Time Injury> RM50k but <RM100k (> 4 days) Fatality/Death > RM100kRisk Matrix LIKELIHOOD CONSEQUENCES/ HIGHLY UNLIKELY 1 UNLIKELY 2 LIKELY 3 VERY LIKELY 4 SEVERITY Low 1 Medium 4 Low 2 Low 2 Low 3 Medium 8 Negligible Injuries 1 Low 3 High 12 Minor Injuries 2 Medium 4 Medium 6 High 16 Major Injuries 3 Medium 4 Fatality (Death) 4 Medium 6 High 9 Medium 8 High 12Risk Action ACTION RISK i. No additional controls are required. LEVEL ii. Monitoring of effectiveness & adequacy of control methods to continue. Consideration may be given to Low [ 1 ~ 3 ] a more cost effective solution or improvement that imposes no additional cost burden. iii. Action time frame – within 21 working days. Medium [ 4 ~ 8 ] i. Efforts should be made to reduce the risk. Risk reduction measures should be implemented within a defined period. High [ 9 ~ 16 ] ii. Where the moderate risks is associated with extremely harmful consequences, further assessment may be necessary to establish more precisely the likelihood of harm as basis for determining the need for improved control measures. iii. Action time frame – within 7 working days. i. Work should not be started until the risk has been reduced. Considerable resources may have to be allocated to reduce risk. Where the risk involves work in progress, urgent action should be taken. If it is not possible to reduce the risk even with unlimited resources, work should not resume or remain prohibited. Action time frame – within 1 working day.Hierarchy of Risk ControlNO. RISK CONTROL EXPLANATION 1. Elimination Removing the hazards or hazardous work practice from work2. Substitution place. This is the most effective control measure. Substituting or replacing the hazards or hazardous work practice with a less hazardous one.
3. Isolation Isolating or separating the hazards or hazardous work4. Engineering Control practice from person at the workplace or general area.5. Administrative Control If the hazards cannot be eliminated, substituted or isolated,6. Personnel Protective Equipment engineering control is the next preferred measure to control the risk. May include modification to tool or equipment, using enclosure, guarding, mechanical ventilation or automated process. Introducing policies, change in work practice and procedures that reduces the risk. Could include limiting the time employee exposed to hazard, reducing no of employee exposed to hazard, rotating jobs, lockout or tag out procedure, prohibiting eating and drinking at contaminated area etc. Use of PPE should only be considered when: • Other control measures are not practicable • Used in conjunction with other method to provide a greater measure of protection • Specified by legislation.CONCLUSIONTo 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. Risk can be measured through Qualitative method, Semi Quantitative and QuantitativeAnalysis. There are several ways to control risk that can be applied by using the hierarchy of control. Toconduct HIRARC at the workplace the Job List Form, HIRARC Form and HIRARC Risk Table will bemake use of.___________________15 Seksyen 3 (1) Akta Keselamatan dan Kesihatan Pekerjaan 1994, International Law Book Services 2004
ACCIDENT AT WORKPLACE AND SOCIAL SECURITY ORGANIZATION (SOCSO) COMPENSATION CLAIMIn the past, the world had witnessed the occurrence of major workplace accidents such as Bhopal,Chernobyl and Fukushima Tragedy. Consequently, there is no guarantee that such an accident may notoccur at the moment or in future around the world. On the other hand there is also no guarantee that majorworkplace accidents do not take place in Malaysia.Statistic from Social Security Organization (SOSCO) indicated that the number of reported accidentsthroughout 2009 were 55,186. Additional details were as follows: a) Industrial accidents, including cases of occupational diseases, were 34,376. b) Commuting accidents stood at 20,810 cases. c) Occupational diseases reported cases were 949. These occupational diseases were due to chemical exposure and other factors such as radiation and extreme temperature at the workplace.The statistic also indicated the manufacturing sector registered the highest total number of accidents, with17,206 cases or 31.18%. This aforementioned statistic also consists of the numbers of deaths due toemployment injury which stood at 1,231. The statistic on the number of death due to employment injuryfurther display a total of 760 deaths were due to commuting accidents, including travel during authorizedrecess, while the number of deaths caused by accidents at workplace were 471.In 2010, according to Deputy Human Resources Minister Datuk Maznah Mazlan16, RM 1.549 billionindustrial accident claims were registered by SOCSO. She further said that the industrial accident claimsmade had increased by 19.1 %. Hence there is a need to address the issue of accident at the workplace soas to reduce accident claims.DEFINITIONWorkplace or place of work means premises where persons work or premises used for storage of plant orsubstance. Before we proceed on, it is important to look into several definition associated withworkplace as listed in the Table 4.1.
TYPE Table 4.1: Definitions.AccidentIncident DEFINITIONS Undesired event giving rise to death, ill health, injury, damage or other loss.Near-MissNon-conformance Unplanned event that gave rise to an accident or had the potential to lead to an accident (the term incident includes near-misses). An accident where no ill health, injury, damage or other loss occurs. Any deviation from work standards, practices, procedures, regulations, management system performance, findings/ recommendations from DOSH annual inspection, etc. that could either directly or indirectly lead to injury or illness, property damage, damage to the workplace environment or a combination of these.Recollect from the above mentioned definitions, in the nut shell an accident can be defined as anunplanned and undesired event which may or may not result in injury. Hence, an accident can caused illhealth or injury, damaged to property, plant, products or the environment, production losses or increasedliabilities.What are the consequences of “injury or potential injury and the nature of body injury due to accident,incident or near miss” if it happened at the workplace? Accident, incident or near miss at workplace willresult in injury or potential injury that is fatality, traumatic amputation, fractures, severe cut, sever burn,loss of eyesight or hearing, unconscious. Listed in Table 4.2 are the explanations with examples on themeaning of the aforementioned injury or potential injury at the workplace. Table 4.2: Meaning of Injury or Potential Injury at Workplace.INJURY OR POTENTIAL INJURY EXPLANATION/EXAMPLESFatality Loss of life.Traumatic amputation Loss of part of limbs or any body parts leading to (or potential) massive loss of bloodFractures and causing severe pain.Severe Cut Single or multiple, simple or compound fractures (exclude hair-line crack). Dislocation of major joints (e.g. shoulder, elbow, hip, knee).Severe BurnLoss of eyesight or hearing Large open cut wound leading to (or potential) massive loss of blood, causing severeUnconscious/ others pain and requiring stitches/surgery. Second or third degree burn (fire, heat, steam, electricity, etc.). Loss of vision or hearing due to injury from external objects, chemicals, explosion, etc. Person falling unconscious due to injury, electrical shock, gas inhalation, etc.Work injuries which will have an effect on the worker at the workplace can be classified by types ofaccident. The classification on the nature of injury at the workplace is as Table 4.3.NO. Table 4.3: Nature of Body Injury at the Workplace. 1. 2. NATURE OF INJURY 3. Superficial injury 4. Open wound not involving traumatic amputation Bruises with intact skin surface and crushing injury, excluding those with fractures Burns
5. Sprains and strains of joints and adjacent muscles6. Foreign body on eye, in ear or nose or in respiratory, digestive or reproductive systems (including choking)7. Fractures (excluding of vertebral column) i.e. breaking or cracking of bones8. Fractures of vertebral column9. Dislocations10. Traumatic amputation, including inoculation of eye (loss of eyeball)11. Internal injury of chest, abdomen and pelvis12. Intracranial injury, including concussion13. Injuries to nerves and spinal cord without electrocution14. Poisoning and toxic effects of substances15. Effects of weather, exposure, air pressure and other external causes (including bends, drowning electrocution)16. Multiple injuries (only to be used where no principal injury can be identified)The most frequent parts of the body which is susce ptible to injurie s at the workplace, according to theSOCSO Annual Report 2009 were the eye, back, trunk, multiple locations, shoulder, wrist, hand (exceptfinger), fingers, knee, leg, feet, toes, and upper limb as shown in Table 4.4. Thus, there is a need foremployers/management to ensure proper protective equipment is supplied to the employee. Theemployers too must ensure their employees wear it at the workplace so as to minimize injuries. However,if accidents occur at the workplace, employers are to conduct accident investigation.Table 4.4: Number of Accidents According to Location of Injuries 2009.LOCATION OF INJURIES ACCIDENT REPORTEDHead 629 • Cranium region 1,912 • Eye 258 • Ear 215 • Mouth 111 • Nose 691 • Face, multiple locations 983 • Head multiple locations 575 • Head Unspecified location 5,374TOTALNeck 202 • Neck (including throat and cervical vertebrae 202TOTALTrunk 1,396 • Back 593 • Chest 225 • Abdomen 225 • Pelvis 1,464 • Trunk, multiple locations 129 • Trunk, unspecified locations 4,032TOTALUpper Limb
• Shoulder 2,368 • Upper arm 214 • Elbow 419 • Forearm 627 • Wrist 1,192 • Hand (except fingers alone) 6,464 • Fingers 10,520 • Upper limb, multiple locations 156 • Upper limb, unspecified locations 66TOTAL 22,026Lower Limb • Hip 733 • Thigh 558 • Knee 2,107 • Leg (lower leg) 4,922 • Ankle 889 • Feet (except toes alone) 2,864 • Toes 1,679 • Lower limb, multiple locations 94 • Lower limb, unspecified location 118TOTAL 13,964Multiple Location • Head and trunk, head and one or more limbs 342 • Trunk and one or more limbs 689 • One upper limb, one lower limb or more than two 1,365 • Other multiple location 4,170 • Multiple locations, unspecified locations 1,514TOTAL 8,080General Injuries • Circulatory system in general 4 • Respiratory system in general 27 • Digestive system in general 2 • Nervous system in general 22 • Other general injuries 218 • General injuries, unspecified locations 298TOTAL 571Unspecified Location of Injury • Unspecified location of injury 937TOTAL 937GRAND TOTAL 55,186SOSCO COMPENSATION CLAIMStatistic from SOSCO as had been highlighted earlier, indicated the number of accidents reportedthroughout 2009 were 55,186. Also reported in 2009, were the total numbers of industrial accidents
which stood at 34,376. This figure includes 949 cases of occupational diseases, while total commutingaccidents stood at 20,810 cases. Statistics also as aforementioned indicate, the most frequent injuries tospecific parts of the body at the workplace were usually eye, back, trunk, multiple locations, shoulder,wrist, hand (except finger alone), fingers, knee, leg, feet, toes, and upper limb.Base on this scenario, can Ahmad, Aminah, Ah Chong, Amoi, Mutu and Devi makes a SOSCO claim ifany or all of them were involved in workplace accident with minor injuries or serious injuries leading topermanent disability or injury? To determine their eligibility, let us look at who administer SOSCO claim,what are the type of schemes available and what are the prerequisites to be eligible to make the claim. Toanswer these queries, hence it is pertinent to look at SOSCO Organization and Employees’ SocialSecurity (ESS) Act, 1969.SOSCO ORGANIZATIONSocial Security Organization (SOCSO) or commonly term as PERKESO (Pertubuhan KeselamatanSosial) is an organization in the Ministry of Human Resource. SOCSO was formed in 1971. Theorganization is set up to administer, enforce and implement the Employees’ Social Security (ESS) Act,1969 and the Employees’ Social Security (General) Regulations 1971. Hence, SOCSO manages two typesof social security schemes that is the Employment Injury Insurance Scheme and the Invalidity PensionScheme.The ESS Act 1969 applies in all industries with one or more employees as stated in Section 3 of the Act. ESS Act 1969 Section 3 – Applicability (1) This Act shall apply to all industries having one or more employees. (2) In this section, “employees” include any employee employed by the immediate employer.Conversely, the definition of “employees” is stated in Section 2 (5). In the nut shell “employees” in theAct means any person who is employed for wages under a contract of service or apprenticeship with anemployer but does not include a person of the descriptions specified in First Schedule as follows: a) Any person whose wages exceed RM 3,000 (Ringgit Malaysia Three Thousand) provided that once an employee (Section 6) has made a contribution, he remains liable to make contribution even if his wages exceed RM3,000. b) Any person whose employment is of casual nature. c) Domestic servants that is, a person employed exclusively in the work or in connection with work of a private dwelling house and not of any trade, business or profession carried on by the employer in such dwelling house and includes a cook, house servant (including bedroom and kitchen servants), waiter, butler, child’s or baby’s nurse, valet, footman, gardener, washer man or washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use. d) A tributer that is a person, who is permitted to win minerals or produce of any kind from or on the
land of another and who, in consideration of such permission, gives a proportion of the minerals or produce so won to that other person or pays to him the value of such proportion. e) The spouse or spouses of the employer. f) A member of the Malaysian Armed Forces. g) Any police officer. h) Any person detained in any prison, Henry Gurney School, approved school, detention camp, mental hospital, or leper settlement. i) Provisions of the Act relating to invalidity pensions are applicable to: i. An employee who has attained the age of 50 and in respect of whom no contributions were payable before he attained the age or 50 years. ii. An employee who has attained the age of 50 years. iii. A certified invalid who is in receipt of invalidity pension. j) Any class or classes of persons whom the Minister may declare by notification in the Gazette not to be employees for the purpose of the Act.All employees of such industries must be insured as required by Section 5 of the Act. The SOCSOprovides social security protection through social insurance as well as medical and cash benefits,provision of artificial aids and rehabilitation to employees to ease the pain and to make availablefinancial guarantees and protection to the family.Section 6 of the Act states the contributions that should be paid to SOCSO. The contributions that need tobe paid in respect of an employee consist of: a) Contribution payable by the employer (the employer’s contribution). b) Contribution payable by the employee (the employee’s contribution).The contribution shall fall into two categories namely: a) The contribution of the first category, being the contribution payable by or on behalf of the employees insured against the contingencies of invalidity and employment injury. This contribution shall be shared by the employer and the employee in the ration specified in Part I of the Third Schedules. b) The contribution of the second category, being the contribution payable by or on behalf of employees insured only against the contingency of employment injury. The contribution of the second category shall be paid wholly by the employer.The Minister, in consultation with the Minister of Finance, may by notification in the Gazette, amend, addto, vary or revise the rates of contribution specified in the Third Schedule.Employers must register at the SOCSO office within 30 days from the date a worker is first employed.For registration, employers are to complete the following forms:
a) Borang 1 (Borang Pendaftaran Majikan) to be submitted with two copies of the following documents: i Private Limited Companies: • Form 9 (Companies Act, 1965). • Form 49 (Companies Act, 1965). ii. Sole-proprietorship or partnership businesses: • Form D (Registration Certification). • Form A (Business Certification). iii. Legal firms: • Legal Practicing Certification issued by the Bar Council. iv. Private clinics: • Form 12 (Medical Practicing Certification - Approval from MMA). v. Audit firms: • Companies Act 1965 - Auditors approval. vi. Association / Society: • Form 3 (Regulation 5) Society Acts 1966 (Regulation of Society 1984). vii. Others: • Documents as per required. b) Borang 2 (Borang Pendaftaran Pekerja). Employers are to use both the Form 1 and Form 2, the name and both the identity card numbers of an employee has to be written exactly as stated in the identity card. All completed forms are to be mailed to the nearest SOCSO office.Employees receiving a monthly salary of three thousand ringgit (RM3,000) or less a month are required tocontribute to SOCSO. Employees with a monthly salary of more than RM3,000 who never register andcontribute to SOCSO have the option of registering and contributing as long as such arrangements havebeen agreed upon by both the employer and employee. Both the employer and employee have to consent tothe coverage, by submitting 3 copies of the Notice of Election and Form 2 to the relevant SOCSO officeHowever, when an employee has previously made contribution under the said Act, he will still be eligibleto contribute and receive coverage regardless of his monthly salary. For coverage under the InvalidityPension Scheme, the employee should be below 55 years old on registering under the scheme for the firsttime.Section 15 – Benefits: Section 15 states an insured person or dependents will be entitled to the followingbenefits: a) Periodical payments in the case of invalidity. b) Periodical payments in the case of disablement suffered as a result of an employment injury. c) Periodical payments to the dependents of an insured person who dies as a result of an employment
injury. d) Payments for funeral benefit or expense on the death of an insured person as a result of an employment injury. e) Periodical payments to an insured person who is in receipt of invalidity pension or disablement benefit and is so severely incapacitated or disabled as to require the personal attendance of another person. f) Medical treatments for the attendance on insured persons suffering from disablement. g) Periodical payments to dependents of an insured person who dies while in receipt of invalidity pension.SOCSO provides coverage to eligible employees through two schemes namely Employment InjuryInsurance Scheme and Invalidity Pension Scheme17. The Employment Injury Insurance Scheme putforward protection for employees against industrial accidents, as well as occupational diseases andaccidents whilst travelling which is intended for work related function. On the other hand, the InvalidityPension Scheme, offer 24 hours coverage to employees against invalidity or death owing to any raisond’être.The aim of the aforementioned social security scheme is to ensure the payment of cash benefits andrehabilitation to the employee and his/her dependent should any unforeseen event occur18. Invalidity Pension Scheme19 These schemes provide the benefits of Invalidity Pension, Invalidity Grant, Survivor’s Pension, Rehabilitation Benefit, Funeral Benefit, Constant Attendance Allowance and Educational Benefit. Section 16 of the ESS Act 1969, define “Invalidity” as a serious disablement or morbid condition of a permanent nature that is either incurable or not likely to be cured, as a result of which an employee is unable to earn at least 1/3 of what a normal able person could earn. The benefits provided under the Invalidity Pension Scheme are Invalidity Pension, Invalidity Grant, Constant Attendance Allowance, Survivor’s Pension, Funeral Benefit, Rehabilitation Benefit and Education Benefit. The benefits provided under the Invalidity Pension Scheme and will be briefly described beneath.INVALIDITY PENSION SCHEMEInvalidity Pension is stated in Section 20 of the ESS Act 1969. It provided coverage to an employeeagainst invalidity due to any cause not connected with his employment. This Invalidity Pension as statedin Section 15(a) consists of periodical payments to an insured person in the case he is certified invalid bya duly constituted medical board. This Pension is paid starting from the date SOCSO receive his notice ofinvalidity or the date of his resignation if he stops working after he submits his notice of invalidity. ThisInvalidity Pension will be paid for as long as the employee suffers from invalidity or until he dies,
whichever is earlier. For employees who die while receiving invalidity pension, the pension will beconverted to survivor’s pension irrespective of his/her age at that time.Survivors PensionOnce an employee passes away irrespective of the cause of death, the dependents will be paid SurvivorsPension if the following criteria is met: a) An employee is in receipt of invalidity pension irrespective of his age. b) An employee although is not a receiver of the invalidity pension and has not attained the age of 55 years but fulfill either the full contribution qualifying condition or the reduced contribution qualifying condition.However, if the deceased is a receiver of Invalidity Pension, the full rate of the Survivors Pension isequivalent to the rate of the Invalidity Pension received by him. Where the deceased is not a receiver ofthe Invalidity Pension and has meet the full contribution qualifying conditions, the full rate of theSurvivor’s Pension is between 50% to 65% of the average monthly wage depending on the number ofcontributions made in his behalf.The rate of Survivors Pension will be 50% of the average monthly wage for an employee who meet thereduced contribution qualifying condition. Dependents who are entitled for the pension are the same asthose under the Dependent Benefit of Employment Injury Scheme.Invalidity GrantSection 21 of the Act makes proviso for Invalidity Grant. This is an imbursement rewarded to worker oremployee who does not meet the criteria for the Invalidity Pension, been certified to be suffering frominvalidity by the Medical Board or the Appellate Medical Board, and has made a minimum 12 monthlycontributions. The Invalidity Grant is corresponding to the total amount of contributions paid by theemployee and the employer for the Invalidity Pension Scheme plus the interest thereof. This payment ismade in form of a one-time lump sum payment.Nonetheless, if an employee is severely incapacitated and necessitates continuous personal attendance,the receiver of Invalidity Pension is in addition entitled to Constant Attendance Allowance. The MedicalBoard or an Appellate Medical Board will make a decision on the eligibility to be given this allowance.The Board will disburse to the receiver of the benefit directly. Subject to a maximum of RM500 permonth, the benefit is 40% of the rate of Invalidity Pension.Constant Attendance AllowanceThis allowance is paid to an employee who is suffering from permanent total disablement and is soseverely incapacitated. Eligibility for this allowance is determined by the Medical Board or theAppellate Medical Board and the payment is made directly to the recipient of the benefit.Funeral Benefit
An amount of RM1,500 will be paid if an employee who was receiving invalidity pension dies of anyreason. Payments will be made to the eligible next of kin; the benefit will be paid to the person whoincurred the funeral expenditure. The amount paid will be the actual amount incurred or RM1,500whichever is lower.Rehabilitation Benefit (Invalidity)Facilities for vocational and physical rehabilitation are provided free of charge to an employee whosuffers from invalidity. Physical rehabilitation includes Physiotherapy, Occupational therapy,Reconstructive surgery, Supply of artificial limbs such as artificial leg, hand, eye and dentures, Supply (aswell as repair and replace) of other orthotic equipment such as wheelchairs, crutches, hearing aids,spectacles, calipers and orthopedic shoes, “Return to Work” Programme, Dialysis treatment for anemployee receiving Invalidity Pension and is suffering from a chronic kidney ailment. Vocationalrehabilitation includes: vocational training in course such as electrical wiring, tailoring, radio/TVrepairs, metal trade, refrigerator and air-conditioner repairs, plumbing, typing and secretarial work. Allexpenses incurred will be borne by SOCSO based on rates and conditions determined by SOCSO.Education BenefitThe dependent children of an employee who is in receipt of SOCSO’s monthly benefit for PermanentDisability, Invalidity Pension or Survivor’s Pension may apply for this education benefit.EMPLOYMENT INJURY INSURANCE SCHEME20Employment Injury Insurance Scheme provides protection to employees who suffer from accidents arisingfrom work. Employment injury means personal injury to an employee caused by an accident or anoccupational disease arising out of and in the course of employment in an industry to which this Actapplies. The Employment Injury Insurance Scheme protects employees from: a) Accidents which occur while in the course of the work. Accident which occurs while working at the work place and was caused by the employee’s job. b) Accidents which occur while travelling: c) On a route between his place of residence and his place of work. d) On a route between his place of work and the place where he takes his meal during any authorized recess. e) On a journey made for any reason which is directly connected to his employment. (on condition the accident does not occur during any interruption or deviation of the journey). f) Accident during an emergency: Accident which occurs during an emergency at the employer’s premises while in the course of assisting, rescuing, or protecting other people from disasters such as a fire breakout.
g) Occupational Disease: Occupational Disease is diseases that results from his occupation. The list of diseases and cause agent can be found in the Fifth Schedule of the ESS Act 1969.The benefits provided under the scheme are Medical Benefit, Temporary Disablement Benefit, PermanentDisablement Benefit, Constant Attendance Allowance, Rehabilitation Benefit, Dependent’s Benefit,Funeral Benefit and Education Benefit.MEDICAL BENEFITMedical Benefit provides protection for employees who meet with an accident or suffer from anoccupational disease. These employees are entitled to free treatment at SOCSO panel clinics orgovernment clinics/hospital. The employee receiving treatment from a SOCSO panel clinic must continuethe treatment there until he recover. Transferring of treatment place to a government hospital can only bemade if referred by the panel clinic. For serious injuries, treatment should be obtained at a governmenthospital and the employee is eligible for second class ward treatment. Specialist treatment will beprovided, if required.Temporary Disablement BenefitThis benefit is paid to employee who has been certified by a doctor to be unfit for work for not less thanfour days including the day of the accident. This benefit is paid for the period the employee is on medicalleave. However, no benefit will be paid for the days for which the employee works and earns wagesduring this period. Rate of daily benefit to be paid is 80% of the average assumed daily wage, subject to aminimum of RM10.00 per day (for employees who earn less than RM10.00 per day) and a maximum ofRM78.67 per day (for employees who earn more than RM2,900.00 per month).Permanent Disablement BenefitPermanent disability is defined as a lasting disability due to an employment injury. The employee maycontinue to work while receiving this benefit. Claim must be made within 12 months from the date of finalMedical Certificate issued. Rate of daily benefit to be paid is 90% of the average assumed daily wage ofthe Insured and subject to a minimum of RM10.00 per day and a maximum of RM88.50 per day.Constant Attendance AllowanceThis allowance is paid to an employee who is suffering from permanent total disablement (i.e. 100% lossof earning capacity), and is so severely incapacitated that he constantly requires the personal attendanceof another person. The allowance is equal to 40% of the rate of permanent total disablement benefitsubject to a maximum of RM500/-. Eligibility for this allowance is determined by the Medical Board orthe Appellate Medical Board and the payment is made directly to the recipient of the benefit.Rehabilitation BenefitFacilities for vocational and physical rehabilitation are provided free of charge by SOCSO to anemployee who suffers from permanent disablement. All expenses incurred will be borne by SOCSObased on rates and conditions determined by SOCSO.
Dependent’s BenefitIf an employee dies as a result of an employment injury, his dependents are entitled to this benefit. TheRate of daily benefit to be paid is 90% of the average assumed daily wage. This is subject to a minimumof RM10.00 per day (for employees who earns less than RM10.00 per day) and a maximum of RM88.50per day.Funeral BenefitAn amount of RM1,500 will be paid if an employee dies as a result of an employment injury or whilereceiving disablement benefit. Payments will be made to the eligible next of kin. If there is no next of kin,the benefit will be paid to the person who incurred the funeral expenditure. The amount paid will be theactual amount incurred or RM1,500 whichever is lower.Education BenefitThe dependent children of an employee who is in receipt of SOCSO’s monthly benefit for PermanentDisability, Invalidity Pension or Survivor’s Pension may apply for this educationRETURN TO WORKSOCSO’s Return to Work Program was introduced in the year 2007. This is a “Disability ManagementProgram”. This agenda is conducted in accordance to the Social Security Act 1969 Section 57(1). EachInsured Person who is referred to this program is assigned to a Case Manager who acts as a mediatorbetween the Insured Person and stakeholders such as the employers, employees, family members, unionand healthcare service providers.The aim of the program is to bring back the capability once possessed by the insured person to return totheir pre-injury workplace in a safe and apt approach. Each one of the Insured Person which is referred tothe program have to go through an Initial Assessment perform by the case manager. This is to recognizethe Insured Person’s injury or disability and devise an individualized rehabilitation plan to deal with theirinjury or disability correctly. The Program has received support from both employees and employers.Since the launch of the program till December 2010, a total of 2518 employees have been rehabilitatedand returned to work.MAKE A SOSCO CLAIMA claimant can make a claim under the Employment Injury Scheme and the Invalidity Pension Scheme. Asaforementioned, SOCSO provides coverage to eligible employees through two schemes namelyEmployment Injury Scheme and Invalidity Pension Scheme. These schemes provide the benefits ofinvalidity pension, invalidity grant, survivor’s pension, rehabilitation, funeral benefit, constant attendanceallowance and educational loan. What the claimant should do? Whichever is relevant is claimant, is tosubmit applications. Beneath at Table 4.5 is guideline of how to make SOCSO relevant to the claimant.TYPE OF SOCSO CLAIM Table 4.5: Making SOCSO Claim. HOW TO CLAIM
Employment Injury Insurance EMPLOYMENT INJURY SCHEMEScheme The Employment Injury Scheme provides coverage for accidents that occur while: • Traveling (Commuting accident) • Arising out of and in the course of employment • Occupational diseases To be eligible for free treatment, an employee or his representative is required to bring along an: • Accident Report (Form 21) or an Identification. • Letter from his employer or Report of Occupational Diseases Form 68 & Form 69 (whichever is relevant). • Claim Form 10 and Sick Leave Certificates. • Additional a police report, attendance records and a sketch map of the route indicating the place of the accident. Note: Make a claim for Occupational Disease where:Medical Benefit • Employee is still in employment can make a report by using Form 68.Temporary Disablement Benefit • In cases where the employee has ceased employment, claimant should usePermanent Disablement Benefit Form 69. To apply and receive the medical benefits for the first time, the following documents must be completed and submitted to a SOCSO panel clinic: • Form 21 (Accident Report). • Form PKS 68 or PKS 69 (Occupational Disease Report). • Identification Letter from employer. To apply and receive the Reimbursement Payment, the following documents must be completed and submitted to a SOCSO office: • Form PKS (P) 24 (Reimbursement Travel Claim Form). • Form PKS (P) 26 (Reimbursement Payment (General) Claim Report). • Original receipt. • A copy of the Appointment Card. • A copy of the Medical Report (if any). Claims can be made by submitting the following documents: • Form 21 (Accident Report). • Form 10 (Claim Form). • Doctor’s Certification (Form 13) or the original copy of the Medical Certificate. • A copy of Identity Card. • Attendance Record/Punch Card/Employer Certification. • Form PKS (F) 1 (Statement of Wages/Contribution details). For accidents which occur while commuting, please also submit the following: • Police Report. • Sketch map of place of accident. For Occupational Disease claims may be made by submitting the following documents: • Form 68 (if the employee is still working). • Form 69 (if the employee has stopped working). • Original copy of the Medical Certificate (if any). • Form 10 (if there is any medical leave). Completed forms and documents must be submitted to the SOCSO office where the employer was registered. The employer must report an accident within 48 hours and any report received later than 12 months will not be entertained. The Insured must submit a written application to the relevant SOCSO office for reference to the Medical Board. Please include the following documents:
Constant Attendance Allowance • Application Form.Dependent’s Benefit • A copy of Identity Card. • Medical Report (from hospital/clinic which treated him. • Form 10 (Claim Form). • Form PKS (F) 1 (Statement of Wages/Contribution details). • A copy of the savings account book for direct payment of benefits. Eligibility for this allowance is determined by the Medical Board or the Appellate Medical Board and the payment is made directly to the recipient of the benefit. If there is widow, widower or children, the claimant must submit: • Claim Form (Form 24). • Death Certificate of the employee*. • Birth Certificates of all the children*. • Marriage Certificate*. • Widow/widower’s Identity Card (whichever relevant)*. • A copy of the savings account book of the claimant *Please bring along the original documents for SOCSO’s verification.Funeral Benefit If there is no widow, widower or eligible children, the claimant must submit: • Claim Form (Form 24). • Death Certificate of the employee*. • Birth Certificates of the deceased employee*. • Birth Certificates of all brothers and sisters (if relevant)*. • Identity Card of parents or guardian or grandparents (if relevant)*. • A copy of the savings account book of the claimant. *Please bring along the original documents for SOCSO’s verification. To apply and receive the benefit, the following documents and their certified copies must be completed and submitted: • Claim Form (Form 26). • Death Certificate*. • Other relevant documents which certifies the next of kin*. *Please bring along the original documents for SOCSO’s verificationINVALIDITY PENSION SCHEME To apply, the Insured Person is required to fill in and complete the following forms andInvalidity Pension provide the following information:Surv iv or ’s Pe nsion • Form PKS (F) 41 (Notice of Invalidity). • Medical Report (Attachment 1 - Format provided by SOCSO). • A copy of Identity Card. If there is a widow, widower or children, the claimant must submit: • Claim Form (Form 24). • Death Certificate of the employee*. • Birth Certificates of all the children*. • Marriage Certificate*. • Widow/widower’s Identity Card (whichever relevant)*. • A copy of the savings account book of the claimant *Please bring along the original documents for SOCSO’s verification If there is no widow, widower or eligible children, the claimant must submit: • Claim Form (Form 24). • Death Certificate of the employee*. • Birth Certificates of the deceased employee*. • Birth Certificates of all brothers and sisters (if relevant)*. • Identity Card of parents or guardian or grandparents (if relevant)*.
Funeral Benefit (Invalidity) • A copy of the savings account book of the claimant *Please bring along the original documents for SOCSO’s verification. To apply and receive the cash benefit, the following documents and their certified copies must be completed and submitted: • Claim Form (Form 26). • Death Certificate*. • Other relevant documents which certifies the next of kin*. *Please bring along the original documents for SOCSO’s verification For an employee who dies while receiving Invalidity Pension, pension will be converted to survivor’s pension to the eligible next of kin. Application can be made by: i- If there is widow, widower or children, the claimant must submit: • Claim Form (Form 24). • Death Certificate of the employee*. • Birth Certificates of all the children*. • Marriage Certificate*. • Widow/widower’s Identity Card (whichever relevant)*. • A copy of the saving account book of the claimant *Please bring along the original documents for SOCSO’s verification ii- If there is no widow, widower or eligible children, the claimant must submit: • Claim Form (Form 24). • Death Certificate of the employee*. • Birth Certificate of the deceased employee*. • Birth Certificate of all brothers and sisters (if relevant)*. • Identity Card of parents or guardian or grandparents (if relevant)*. • A copy of savings account book of the claimant. *Please bring along the original documents for SOCSO’s verificationDEALING WITH CLAIMState offices of the SOCSO are empowered to process and settle compensation claims of less thanRM20,000. General compensation claims can be settled within 3 days. However, for the specificcompensation claims, it may entail a longer time frame to be settled. For quick settlement, a claimant mustsubmit a complete set of application forms. Forwarding to SOCSO an incomplete set of application formswill results in delays and late withdrawal payment. In cases where the correct and completedocumentation have been mailed to SOCSO, the subsequent actions by SOCSO will take place: a) Pay temporary disablement benefit (first payment) to injured employees within a month. b) Pay permanent disablement benefit (first payment) and constant attendance allowance to all injured employees within three months. c) Pay dependent’s benefit (first payment) to dependents within three months. d) Pay invalidity pension (first payment) or invalidity grant or constant attendance allowance to employees who qualify within a period of three months. e) Pay survivor’s pension (first payment) to dependents within a period of three months. f) Pay funeral benefits to eligible dependents of deceased persons within 15 days.AVENUES FOR APPEALA claimant whose application is rejected can make an appeal to the appeal board. There are two types of
appeal boards been set up to review cases or decide on appeals relating to approvals and claims forbenefits such as Appellate Medical Board and Social Security Appellate Board.APPELLATE MEDICAL BOARDThe Appellate Medical Board reviews the decision of the Medical Board. Employees who are not happywith the decision of the Medical Board with regard to assessment of permanent loss of earnings capacityor the determination of invalidity can appeal to this board. This can be undertaken by filling the FormPKS (P) 12. The completed form is to be returned to the SOCSO local office. This should be done within90 days from the date of receiving the letter informing the decision of the Medical Board. The decisionmade by this board is final.SOCIAL SECURITY APPELLATE BOARDThe Social Security Appellate Board reviews the decision of the SOCSO. Employees or dependents whoare not satisfied with a decision made by SOCSO can appeal to this board. An appellant can berepresented by a lawyer, a trade union representative or any person authorized by the Board. An appealcan be made by completing Form A and sending it to the relevant board at any of the Social SecurityAppellate Board.CONCLUSIONAn accident can be defined as an unplanned and undesired event which may or may not result in injury.Hence an accident can caused ill health or injury, damage to property, plant, products or the environment,production losses or increased liabilities. Workplace accidents have happened here in Malaysia andaround the world in the past. Consequently, there is no guarantee that workplace accidents will not happenat any moment and in future. In the Malaysian environment, statistic from SOSCO indicated 55,186numbers of accidents reported throughout 2009. Of the total number of accidents 34,376 reported in 2009,were industrial accidents. This statistics also include cases of occupational diseases and commutingaccidents which stood at 20,810 cases. Consequently, the numbers of occupational disease cases reportedin 2009 are 949.The SOCSO provides social security protection through social insurance as well as medical and cashbenefits, provision of artificial aids and rehabilitation to employees to ease the pain and to providefinancial guarantees and protection to the family. A claimant can make a claim for all commuting and workrelated accidents. A claimant whose application is rejected can make an appeal to the appeal board.___________________16 http://www.perkeso.gov.my/en/component/search/?searchword=industrial+accidents&ordering=newest&searchphrase=all17 http://www.perkeso.gov.my/en/socso-protection-schemes.html18 The New Straits Times, The Worker’s Hope in Time of Trouble, 31 December 2011, Page 15.19 http://www.perkeso.gov.my/en/invalidity-pension-scheme-benefit.html20 http://www.perkeso.gov.my/en/employment-injury-insurance-scheme.html
ACCIDENT INVESTIGATION AT THE WORKPLACEStatistic from Social Security Organization (SOSCO) indicated the number of accidents reportedthroughout 2009 were 55,186. Also reported in 2009, were the total numbers of industrial accidentswhich stood at 34,376. This figure includes 949 cases of occupational diseases, while total commutingaccidents stood at 20,810 cases. Consequently, what do we do if accidents takes place while commutingto the workplace or alternatively accidents happen at the workplace?Accidents at the workplace have to be reported to the police if accident is of public interest or whendeath and injuries, loss of properties takes place. The employer too is required by the law to notifyaccidents, dangerous occurrences, occupational poisoning to DOSH. The employer is also required by thelaw to conduct accident investigation at the workplace. Subsequently, corrective and preventive actionhas to be carried out at the workplace.Employers being the creator of risk at the workplace ought to be accountable to manage and prevent theoccurrence of risk or accident at work place. The OSH Act 1994 imposes the responsibility ofnotification of accidents, dangerous occurrences and occupational poisoning and diseases on theemployer and the medical practitioner. This indicates that all accidents in the workplace must be reportedto the nearest DOSH and other related agencies.LAWS PERTAINING ACCIDENT INVESTIGATIONThe employer is required by the law to conduct accident investigation at the workplace and also to notifyaccidents, dangerous occurrences, occupational poisoning to DOSH. The legal requirements pertaining tothe need to conduct accident investigations at the workplace are as follows: a) OSH Act 1994 and Requirements For Accident Investigation i. Section 31 – Function of safety and health committee ii. Section 33 - Director General may direct inquiry to be held. iii. Safety and Health Committee Regulations 1996. Regulation 13 – Investigation into any accident. b) FMA 1967 – Section 33 – Investigation and enquires
Details of the above mention laws with regard to the need to conduct investigation at the workplace are asshown Table 5.1 beneath. Table 5.1 Details of Laws on Accident Investigation. SECTION 31: FUNCTIONS OF SAFETY AND HEALTH COMMITTEE The safety and health committee established at a place of work pursuant to section 30: (a) Shall keep under review the measures taken to ensure the safety and health of persons at the place of work. (b) Shall investigate any matter at the place of work: (i) Which a member of the committee or a person employed thereat considers is not safe or is a risk to health. (ii) Which has been brought to the attention of the Employer. (c) Shall attempt to resolve any matter referred to in paragraph 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. (d) Shall have such other functions as may be prescribed. Remarks: The function of Safety Committee shall keep under review the measures taken to ensure safety health of person at the workplace; investigate any matters at the workplace which members of the committee or persons employed there considers is not safe or is at risk to health. Other functions of the Safety Committee are as define in the Occupational Safety and Health (Safety and Health Committee) Regulations 1996. SECTION 33: DIRECTOR GENERAL MAY DIRECT INQUIRY TO BE HELD (1) If in the opinion of the Director General, an inquiry ought to be held into the nature and cause of the accident, dangerous occurrence, occupational poisoning or occupational disease, he may cause such an inquiry to be held by an occupational safety and health officer. Remarks: The Director General may request an inquiry to be held and may appoint an OSH officer to conduct the inquiry to determine nature and cause of accident, dangerous occurrence, occupational poisoning or occupational disease. (2) The Director General may appoint one or more persons of engineering, medical or other appropriate skills or expertise to serve as assessors in any such inquiry. Remarks: The Director General may appoint one or more persons of engineering, medical or with other appropriate skills or expertise to serve as assessors in the inquiry. OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH COMMITTEE) REGULATIONS 1996 Function of Safety and Health Committee a. Regulation 13 – Investigation into any accident, etc. (1) A safety and health committee shall inspect the place of work, as soon as it is safe to do so, after any accident, near-miss accident, dangerous occurrence, occupational poisoning or occupational disease has occurred at the place of work. (2) Where a person is employed as a safety and health officer, he shall furnish the chairman of the committee with a report of his findings subsequent to an investigation conducted by him into any accident, near-miss accident, dangerous occurrence, occupational poisoning or occupational disease which has occurred at the place of work, and the chairman shall, as soon as is practicable, convene a meeting of the committee to discuss the report.
(3) Where no safety and health officer is employed at the place of work, the employer or his authorized manager shall forthwith inform the chairman or the secretary of the committee of any accident, near-miss accident, dangerous occurrence, occupational poisoning or occupational disease which has occurred at the place of work, and the chairman or the secretary shall, as soon as is practicable, after the committee has inspected the place of work, convene a meeting to investigate into such incident. (4) At the meeting of the committee convened under sub regulation (2) or (3), the committee shall discuss the cause of the accident, near -miss accident, dangerous occurrence, occupational poisoning or occupational disease and make recommendations to the employer of the measures to be taken to prevent the reoccurrence of such incident.Remarks: A safety and health committee shall inspect the place of work, after any accident, near-miss accident,dangerous occurrence, occupational poisoning or occupational disease has occurred at the place of work. Thechairman will convene a meeting of the committee to discuss the report made by investigating officer who is aSafety Officer of his findings into any accident, near-miss accident, dangerous occurrence, occupationalpoisoning or occupational disease which has occurred at the place of work. The safety committee will investigateaccident at the workplace if there is no safety officer. The committee will make recommendations to the employerof the measures to be taken to prevent reoccurrence of such incident SECTION 33: INVESTIGATION AND ENQUIRIES (FACTORIES AND MACHINERIES ACT 1967(1) An Inspector shall make a preliminary investigation of the circumstances of any accident or dangerous occurrence referred to in section 31 or industrial disease referred to in section 32, reported to him , and shall forward in writing to the Chief Inspector a report on the investigation and if there has been any loss of life or there is reason to believe that any person has been fatally injured the Chief Inspector shall send a copy of the aforementioned report to the nearest Magistrate together with such further report as he may consider necessary and shall inform the Magistrate whether or not it is proposed to hold an enquiry under subsection (2).(2) (a) If upon consideration of the report referred to in subsection (1) it appears to the Chief Inspector that an enquiry ought to be held into the nature and cause of the accident or dangerous occurrence or industrial disease; he may cause such an enquiry to be held by a Senior Inspector. (a) Upon the conclusion of the enquiry the Senior Inspector shall forward to the Chief Inspector a copy of the evidence taken thereat, together with his finding thereon and such further report as the Senior Inspector may consider necessary. (b) Where the Chief Inspector is of the opinion that criminal proceedings ought to be instituted against any person in connection with the accident or dangerous occurrence or industrial disease, he shall forward to the Deputy Public Prosecutor a copy of the evidence, finding and report, submitted in accordance with paragraph (b).(3) Where the accident or dangerous occurrence referred to in section 31 causes the death of any person or serious bodily injury to any person or serious damage to machinery or other property, no alterations or additions shall, without the consent of an Inspector in writing, be made to any machinery which may have caused such accident or dangerous occurrence nor shall any alterations be made without such consent to the site of the accident or dangerous occurrence until an Inspector has completed his investigation: Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property. (4) (a) The Senior Inspector may appoint one or more persons of engineering, medical or other appropriate special skill to assist as assessors in any enquiry held under subsection (2). (b) Every person not being a public officer serving as an assessor in any such enquiry shall be entitled to receive from the public funds such remuneration as may be prescribed.(5) Nothing in this section shall: (a) Be deemed to require an enquiry to be held before prosecuting any person for any contravention of this Act or for failure to comply with any lawful order given by an Inspector. (b) Affect any law relating to the enquiry into the death of any person.Remarks: An Inspector will carry out a preliminary investigation of any accident or dangerous occurrence orindustrial disease on receiving a report. A written report will be prepared. If there is any loss of life or reason tobelieve that any person has been fatally injured the Chief Inspector send a copy of the aforementioned report tothe nearest Magistrate informing the Magistrate whether or not it is proposed to hold an enquiry.
If an enquiry ought to be held into the cause of the accident or dangerous occurrence or industrial disease, a Senior Inspector will be appointed. Upon the conclusion of the enquiry the Senior Inspector shall forward the finish report to the Chief Inspector. Chief Inspector is to forward to the Deputy Public Prosecutor a copy of the evidence, finding and report, is of the opinion that criminal proceedings ought to be instituted.Other Related Laws pertaining to the need to conduct accident investigations at the workplace are theSOCSO Act 1971 – Regulation 71; Electrical Supply Act 1990 - Section 33; and Mineral DevelopmentAct 1994 – Section 21.IMPLEMENTING ACCIDENT INVESTIGATION AT THE WORKPLACEAll accidents at workplace whether serious, non-serious and near miss should be investigated. Acomprehensive accident investigation will give a helping hand to both the employer and employee on thepast unnoticed hazards at the workplace. Subsequently accident investigation will assist to determinecontrol measures and corrective actions to be taken.When an accident at the workplace takes place as illustrate in the picture above, the injured person shouldbe attended with proper medical care as well as sending them to hospital for medical treatment. After anaccident or near miss occurs, supervisors should make a report or contact the management and the Safetyand Health Unit. The accident investigation ought to be set in motion without delay. The law as stated inSection 38 beneath empowers the Director General of DOSH to direct an inquiry to be health. SECTION 33. DIRECTOR GENERAL MAY DIRECT INQUIRY TO BE HELD (1) If in the opinion of the Director General, an inquiry ought to be held into the nature and cause of the accident, dangerous occurrence, occupational poisoning or occupational disease, he may cause such an inquiry to be held by an occupational safety and health officer. Remarks: The Director General may request an inquiry to be held and may appoint an OSH officer to conduct the inquiry to determine nature and cause of accident, dangerous occurrence, occupational poisoning or
occupational disease. (2) The Director General may appoint one or more persons of engineering, medical or other appropriate skills or expertise to serve as assessors in any such inquiry. Remarks: The Director General may appoint one or more persons of engineering, medical or with other appropriate skills or expertise to serve as assessors in the inquiry.Why the accident investigation ought to be set in motion without delay? This is to make sure that details ofwhat had happened will be fresh in the witnesses’ minds. It also minimizes the likelihood that importantevidence were not destroyed, lost, taken, moved, or thrown away before the scene has been thoroughlyinspected. The OSH Act as stated beneath is very clear on the aforementioned discussions - “NOINTERFERENCE AT ACCIDENT OR DANGEROUS OCCURRENCE SCENE” OCCUPATIONAL SAFETY AND HEALTH (NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE) REGULATIONS 2004 PART III - NO INTERFERENCE AT ACCIDENT OR DANGEROUS OCCURRENCE SCENE Regulation 9. No Interference At Accident Or Dangerous Occurrence Scene. Where the accident or dangerous occurrence causes the death of any person or serious bodily injury to any person or serious damage and dangerous to plant or other property, no person shall, unless authorized to do so, remove or in any way interfere with or disturb any plant, substance, article or thing related to the incident except to the extent necessary to: (a) Save the life of, prevent injury to, or relieve the suffering of any person.
(b) Maintain the access of the general public to an essential service or utility. (c) Prevent further damage to or serious loss of property or environment.What is the purpose and what need to be done with regards to accident investigations? In this respectIndividual, Supervisors, Departments (HR Department, Safety and Health Unit) and the Management havethe Roles and Responsibilities to undertake which will be discussed beneath.The Purpose of Accident Investigation is to:a) Find out the cause of accidents and to prevent similar accidents in the future.b) Determine the sequences of events leading to failure.c) Identify the cause of the accident.d) Find methods to prevent accident from recurring.e) Ensure compliance to legal requirements.f) Determine the cost associated with the accident.g) Process workers’ compensation claims.For accident investigation to be on the right footing, top management right down to the accident victim hasroles and responsibilities to play. The roles and responsibilities at the workplace with regards to accidentinvestigation are as follows:a) Management: i. Lay down the scope of investigations and also the task of the investigation team. ii. Management has to provide the relevant details to the members of the investigation team such as: • Information about the accident • Procedures to implement the work • Witnesses to the accident at the workplace iii. Visiting the accident site to get latest informationb) Department: Ensure accidents are investigated and corrective actions are taken.c) Supervisors: Participate in incident investigations and take corrective actions.d) Safety and Health Units/investigators: • Interview victims and witnesses. Define the following aspect: • What were the abnormalities or abnormal situation that existed before the accident? • Where does this “abnormality” take place? • Does this abnormal situation received the attention of the management or otherwise? • How it happened? • Conduct a briefing to the members of the investigation team prior to undertaking investigation. • Implement investigation at the workplace.
• Document the accident scene before any changes are made. • Review all information (procedures, equipment manuals). • Prepare a preliminary report to be forwarded to the management stating the initial actions to be implemented.e) Individual: Cooperate with supervisors and others during investigations.FLOW CHART ON REPORTING ACCIDENT, INCIDENT (INCLUDING NEAR-MISS) AND NON-CONFORMANCE INVESTIGATION AND FOLLOW UPAt Figure 5.1 is the flow chart on Reporting Accident, Incident (Including Near-Miss) And Non-Conformance Investigation and Follow Up actions.
Figure 5.1: Flow Chart on Reporting Accident, Incident (Including Near-Miss).The flow chart indicates Roles and Responsibilities of Individual, Supervisors, Departments (HRDepartment, Safety and Health Unit) and the Management. When an accident, incident occurs at theworkplace, accident/initial report is made by the supervisors to relevant Department for attention of thetop management. Subsequently, the accident is recorded for further actions. Investigations are conducted
and corrective actions are taken.APPROACH IN INCIDENT INVESTIGATIONMS 1722:2011 have lay down the approach in Incident investigation under the clause 3.4.2 “Incidentinvestigation” as at Table 5.2. This requirement will be translated into a procedure to be used as a basisof conducting accident investigation at the workplace. Table 5.2: Requirements for Incident Investigation at Workplace. 3.4.2 Incident investigation 3.4.2.1 Arrangements including documented procedures shall be established, implemented and maintained for incident investigation which will identify any failures in the OSHMS. 3.4.2.2 Where required work-related incidents shall be notified to relevant authorities in accordance to national laws. 3.4.2.3 The investigations shall be carried out by competent person(s), with the appropriate participation of employees and their representatives. 3.4.2.4 The full investigation report shall be documented and where applicable reported to the relevant authorities. 3.4.2.5 The recommendation(s) resulting from such investigations shall be communicated to appropriate persons for it to be implemented and verified. 3.4.2.6 Reports produced by external investigative authorities or agencies shall be acted upon in the same manner as internal investigations, taking into account issues of confidentiality. Source: MALAYSIAN STANDARD MS 1722:2011, Occupational Safety and Health (OSH) Management Systems – Requirements (First revision)Procedure for conducting an accident investigation will be based on the type of accident at the workplace.In general, management will appoint a team of investigators consisting of an individual to be in chargeand a small number of members of the investigation team. If however, the safety and health officer is beingnominated in charge of investigation, Section 34 of OSH Act 1994 as stated beneath vested him thepowers of a First Class Magistrate for compelling attendance of witness etcetera. SECTION 34. POWER OF OCCUPATIONAL SAFETY AND HEALTH OFFICER AT INQUIRY For the purpose of holding an inquiry under this Act, an occupational safety and health officer shall have the power to administer oaths and affirmations and shall be vested with the powers of a First Class Magistrate for compelling the attendance of witnesses and the production of documents, maintaining order and otherwise duly conducting the inquiry, and all persons summoned to attend the inquiry shall be legally bound to attend. For the purpose of holding an inquiry, an OSH officer shall have the powers of a First Class Magistrate for compelling attendance of witnesses, the production of documents and maintaining order in the inquiry. He shall also have the power to administer oath and affirmations.The investigator in performing accident investigation applies the following steps: a) Plan the investigation.
b) Search and gather information’s and facts (5W, 1H).c) Make definite recommendations. i. Determine corrective actions. ii. Implement corrective actions.d) Conclusion and write an accident report.PLAN THE INVESTIGATIONOrganizations must have standing operating procedure with regard to the conduct of accidentinvestigations at the workplace. In this respect, as planning tools, two aspects have to be well thought-outthat is planning before an accident and planning after an accident.In planning before an accident, the organization must have an accident reporting policy. Other activities inplanning before an accident will include: a) Investigator training. b) Tools for investigation. c) Developing investigation checklist and report forms. d) Follow-up on recommendations.In planning after an accident, investigation of accident ought to be set in motion without delay in asystematic manner. This is done by getting the whole picture first and bring along necessary documentsand investigating tools.SEARCH AND GATHER INFORMATION’S AND FACTS (5W, 1H)Information’s and facts with regards to the accidents should be obtained from the victims, primary witnessor circumstantial witness. At Table 5.3 is “CHECKLIST TO ESTABLISH FACTS OF INCIDENT.” Table 5.3: Checklist to Establish Facts of Incident.WHO Was injured? Witnessed the incident? Work with the injured person? Assigned the job to the injured person? Else or others involved?WHAT Is the level of damage or loss? Is the injured person doing? Assignment had the injured person been instructed to do? Equipment was being used? Other machine/plant/equipment was in operation? Prior or similar accidents or near misses had happened and what action had been taken to avoid repetition etc.?WHERE Did the accident occur? Did the damage to property occur? Was the supervisor at the time the incident occurring? Was the eye witness at that instance?
WHEN Did the accident occur?WHY Was the hirarc under taken? Did the supervisor last meet the injured person?HOW Did the injury occur? Was training not given? Were the unsafe conditions prevailing? Were the hazard not assessed? Was PPE not provided? Was there no safe system of work etc.? Did the injury occur? Could the accident be avoided? Could better design help? Could the supervisor prevent such the accident?At this stage, interviews have to be carry out immediately but not in hurry. Find facts and not theories onevents leading up to the accident, example work done, instruction, procedure compliance, condition ofwork place, weather, emergency equipment, PPE. End interviews on positive note.MAKE DEFINITE RECOMMENDATIONSAn accident investigation is not complete until recommendations addressing each cause and a report isprepared and submitted to proper authorities. Recommendations on corrective and preventive actionsinclude: a) Actions needed to eliminate or minimize the risk of accidents, incidents and non-conformances. b) Applying controls to ensure corrective and preventive actions are taken and are effective. c) Systematic follow-up and issue notices to amend documented procedure resulting from corrective and preventive action. d) Give practical and cost effective solutions. e) Must be reviewed and endorsed by management. f) Must be implemented.CONCLUSION AND WRITE AN ACCIDENT REPORTAn accident investigation is completed with a report is prepared and submitted to the management and theappropriate authorities such as DOSH and SOCSO. Special report forms are available in many cases. Forexample, special forms for reporting accidents are provided by certain agencies such as DOSH usingForm JKKP 9 and SOSCO using Form 21.Consequently, there are accidents or other instances that may require a more comprehensive report. Suchreports are often very elaborate and may include a cover page, a title page, an abstract, a table ofcontents, a commentary or narrative portion, a discussion of probable causes, and a section onconclusions and recommendations. The following format is suggested to be used in preparing a formalreport: a) Background Information.
i. Where and when the accident occurred. ii. Who and what were involved. iii. Any other relevant information. b) Description of the Accident (What happened?). i. Type of accident (chemical, physical etc). ii. Casualties, damage cost. iii. Sequence of accident events. iv. Any other relevant information. c) Analysis of the Accident. i. Direct causes. ii. Indirect causes. iii. Any other relevant information. d) Recommendations to prevent a recurrence.RECORD KEEPINGAll records of accidents involving employees must be kept for at least 5 years from the date on which itwas made as indicated in the “Occupational Safety and Health (Notification Of Accident, DangerousOccurrence, Occupational Poisoning And Occupational Disease) Regulations 2004, PART IV -Maintenance Of All Records Of Accident, Dangerous Occurrence, Occupational Poisoning AndOccupational Disease, Regulation 10 - Records” as at Table 5.4. Table 5.4: Records Keeping. OCCUPATIONAL SAFETY AND HEALTH (NOTIFICATION OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE) REGULATIONS 2004 PART IV - MAINTENANCE OF ALL RECORDS OF ACCIDENT, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASE Regulation 10: Records (1) Every employer and self-employed person shall record and maintain a register, in an approved form, of: (a) All accidents and dangerous occurrences which have occurred. (b) All occupational poisonings or occupational diseases which have occurred or are likely to occur, arising out of or in connection with work under his control, whether or not the accidents, dangerous occurrences, occupational poisonings and occupational diseases have been reported under sub regulation 5(1) or 7(1). (2) The record shall be kept at the place where the work to which it relates is carried on or, if this is not practicable, at the usual place of business of the employer or self-employed person and an entry in the registry shall be kept for at least 5 years from the date on which it was made. (3) The employer or self-employed person, as the case may be, shall send to the Director General before 31 January of each year, such extracts from the registry for a period of 12 months ending on 31 December of each year.
Reviewing the records of accident and injury records can help organizations to identify causes ofaccidents. If an employee, whose name was often been mentioned, and always on the accident list, willportray the following: i. The employee is not suitable for the work/job. ii. Training implemented not effective. iii. Occupational Safety and Health Program not reviewed.CONCLUSIONStatistic on the reported number of accidents stood at 55,186 cases in 2009. The OSH Act 1994imposes the responsibility of notification of accidents, dangerous occurrences and occupational poisoningand diseases on the employer and the medical practitioner. All accidents in the workplace must bereported to the nearest DOSH and other related agencies. Investigation ought to be set in motion withoutdelay. This is to make sure that details of what happened at the scene of the accident will be fresh in thewitnesses’ minds. It also minimizes the likelihood that important evidence is not destroyed, lost, taken,moved, or thrown away before the scene has been thoroughly inspected.An accident investigation is considered complete with a report is prepared and submitted to properauthorities such as DOSH and SOCSO. Special report forms are available in many cases. All records ofaccidents involving employees must be kept for at least five years from the date on which it was made.
SAFETY AND HEALTH PROGRAMME AT WORKPLACEStatistic from Social Security Organization (SOSCO) indicates the number of industrial accidentsthroughout 2009 in Malaysia we re 55,186. What are the effect and causes of industrial accident at theworkplace? Industrial accidents have an impact not only on the workers but also economically on thebusiness entity. The impact on the workers is reflected in the rate of death, disability and personalsuffering of workers and, absence from work. The aforementioned accident impact on the worker willalso affect the business entity in the form of loss of productivity, increase in health and medical cost andother hidden costs.There are various theories of accident causation that discuss about accident at the workplace. Some of thetheories are “Single Factor Theory, Domino Theories, Henrich’ Domino Theory, Bird and Loftus’ DominoTheory, Marcum Domino Theory, Multiple Causation Accident Theories, Psychological/BehavioralAccident Causation Theories, Energy-Related Accident Causation Theories etcetera. However, thesetheories will not be discussed in this section.Industrial accidents at the workplace maybe due to management control, personal factor or job factor dueto hazards or unsafe acts and unsafe conditions. Conversely in the nutshell as lay down in Table 6.1 arethe lists of the possible causes to an accident/incident at the workplace.Table 6.1: List of Possible Causes to an Accident/Incident at the Workplace.1. Management Control - Lack Supervisory control Lack Skill/Training (victim) Lack Motivation (victim)2. Personal Factor Basic Unfit (Mind/Body) Unsafe Acts Work @ unsafe speed Work without authority Fail to secure machine/material Tamper safety devices Place objects unsafely Horseplay Use Equipment unsafely Adjust/work on moving equipment Take unsafe position
3. Job Factor SOP Did not use PPE/Safety Equipment Use Limbs i.e. Equipment Supplied Unsafe Conditions No Procedures/Standards Inadequate Procedures/Standards Did not Follow Procedures/Standards Unsafe construction No hazard Planning Defective work condition. (Rough, sharp, slippery...) No/Inadequate guarding Poor layout No PPE/Safety equipment Unsafe ventilation Unsafe lighting Unsafe storageSAFETY MANAGEMENT AT WORKPLACEOccupational Safety and Health (OSH) is about preventing accidents, preventing injury and death andensuring a favorable working environment at the workplace. Occupational Safety and Health Act 1994was enacted on 25th February 1994 with the intent to ensure safety, health and welfare of all persons atall places of work. The law that is the OSH Act 1994 requires the employer to ensure; so far as ispracticable, the safety, health and welfare at work for all employees. 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).Responsibility for safety and health in the workplace lays with those who create the risks (employers) andthose who work with the risks (employees).Employers in general have got to abide by the prevailing lawin particular the OSH Act 1994 with regard to OSH at the workplace. This entail employer to: a) Implement safe work practices. b) Monitor safe work practices. c) Maintain and improve safety and health agenda.Therefore, employers are to carry out OSH Programs at the workplace so as to ensure a conduciveworking environment. One essential form of OSH Program at the workplaces to ensure the safety andhealth of those working in or visiting the workplace is Workplace Audit. How to conduct audit? Anauditor cannot simply undertake audit through “I GO, I SEE, I CONCLUDE MY AUDIT REPORT.” Thereare requirements that needs to be taken into consideration in conducting audit at the workplace which isdiscuss beneath.MANAGING INTERNAL SAFETY AND HEALTH AUDIT AT WORKPLACE
ObjectiveThe objective of the Internal Safety and Health Audit is to observe whether organizations conform toplanned arrangements, arrangements have been properly implemented and maintained, and is effective inmeeting with the organizations policy and objectives. Scheduled internal Safety and Health audits arecarried out at a minimum of once a year or more frequently as the need arises and in line with documentedprocedures and responsibilities.Internal Safety Management System (SMS) Audit ProgrammedAppointed Safety and Health Lead Auditor, plans and implements the audit programs based on results ofrisk assessments, previous audits, accidents and incidents.Audit ScopeAudit scope covers all activities, products, services and operating conditions in the entire companyinclusive of suppliers and subcontractors at site if necessary and as covered by the SMS. The results ofaudit are reported to top management at management committee meetings and/or review meetings.Audit MethodologiesThe process for audit as follows:a) Internal auditors are organized into several audit teams; the number depends on the scope of audit and number of auditors available.b) Each audit team shall consist of at least to trained auditors from internal personnel or specialist from external. Every audit team must have an Audit Team Leader.c) Wherever possible, auditors should audit areas independent to their functions or direct responsibility.d) All internal or external auditors must be certified or properly trained for conducting the audit.e) Audit Team Leader shall verify the effectiveness of actions taken before submitting the audit report to the Lead Auditor for closing.f) Lead Auditor shall compile all audit reports for submission to Safety and Health Management Representative and management for review purpose.Procedure Internal AuditProcedure to undertake Audit at the workplace is as shown at Table 6.2. The Table describes the:a) Responsibility of Employee (Personnel/Safety and Health Personnel), Lead Auditor, Auditors, Section Representative, and Department Representative as at column (a).b) Activity/flow of the audit as at column (b)c) Interface or reference as at column (c).RESPONSIBILITY Table 6.2: Procedure Internal Audit. INTERFACES ACTIVITY/ FLOW
(a) (b) (c)1. Employee Personnel/ 1.1 Assume role as Lead Auditor Safety and Health Personnel 1.2 Qualifications required for Internal Auditors • Training records 1.3 Audit shall be based on procedures or audit Audit Checklist Procedure - Internal OHS Audit checklist • 1.4 Other requirements in an audit •2. Lead Auditor 2.1 Define audit plan and prepare audit • Audit and Corrective action Flow schedule Chart 2.2 Identify auditors and issue audit notification • Audit Plan & Schedule to auditees and auditors 2.3 Organize audit team and issue audit plan • Trained Auditors List • Audit Notification3. Lead Auditor/ Auditors 3.1 Understand Requirement and familiarize relevant procedures 3.2 Conduct OH&S Audit 3.3 Evaluate • Audit Plan and Schedule 3.4 Prepare Individual Non Conformance • Safety Management Procedures 3.5 Compile Audit findings for closing meeting • Audit Schedule and management review • Audit Checklist • Relevant Procedures • Audit Checklist • Relevant Procedures4. Section Representative 4.1 Write down root cause and acknowledge • Safety Non-Conformance Report acceptance of non-conformance (SNCR) 4.2 Correct the deficiency to prevent • SNCR recurrence problems5. Lead Auditor 5.1 Close SNCR if root cause can be • Accident, incidents, non- eliminated immediately conformances and corrective action6. Internal Auditor 6.1 Ensure non-conformance raised is • SNCR discussed with Department Representative before issuing SNCR 6.2 Pass SNCR’s to team leader 6.3 Follow up with Department Representative SNCR 6.4 Make recommendations to Lead Auditor for • SNCR to be closed • SNCR
• SNCR7. Department 7.1 If SNCR cannot be closed more than 1 • SNCR Representative / HOD month, propose time of completion with justification.8. Lead Auditor 7.2 Implement corrective action to mitigate the impact. • SNCR 8.1 Assess effectiveness of corrective action. • SNCR 8.2 Close the SNCR • SNCR • Audit Summary Report • Procedure-Management ReviewOTHER REQUIREMENTSPersonnel Internal Auditora) Safety and Health audit shall be conducted by a team of appointed auditors and Lead Assessors.b) Qualifications of Internal Auditors in Audit Team are as follows: i. Must have a minimum qualification that is, have undergone in house audit training program conducted by a qualified trainer. ii. Must understand the organizations safety and health agenda. iii. Have practice Safety and Health Audit under the Supervision of the Lead Assessor. iv. Have knowledge in MS 1722:2011 or OHSAS 18001 requirements and relevant general safety and health knowledge.c) Audits shall be performed in accordance with documented audit procedures and/or checklists which identify essential characteristics or check list prepared based on the Safety and Health Management Procedure.d) Other Requirements of Internal Safety and Health Audit: i. Shall be scheduled for every department at a minimum of once a year. ii. Internal Audit is to be carried out only by competent and independent personnel who are trained from Production, Quality Assurance, Technical, Engineering, Purchasing, Health and Safety, Human Resources or Finance Department.Lead Auditora) Define audit plan and prepare audit schedule covering: i. Where to cover.
ii. Whom to talk. iii. What records or documents to look at. iv. What details to look for? v. When to complete. vi. Type of audit. vii. Duration of audit. viii. Auditors identified to carry out audit.b) An audit schedule should be based on the results of risk assessments of the organizations activities and the results of previous audits. “Ad Hoc” audits are conducted on specific activity or problem as and when required (e.g. after a major accident).c) Identify auditors for audit team and issue notice of audit to auditors and auditees.d) Organize the audit team. As far as practicable, pair an experienced auditor with a newly trained auditor.Lead Auditors and Auditorsa) Each auditor needs to become familiar with the documentation (including S&H manual and procedures) which is pertinent to the area(s) he or she will be auditing.b) Conduct opening briefing to introduce audit team to section representative, describe purpose of audit and request for support from auditors.c) Using audit checklist as guide, evaluate whether the SMS is implemented as described (refer step 3.1) and is effective. Attitude of auditor is critical in ensuring open, positive, improvement-focused audits.d) During ISHA when non-conformance is observed, an S&H Non-Conformance Report (SNCR) is highlighted to the section’s representative. SNCR should be precise, factual and based on objective evidence for accurate follow-up and correction. S&H Observation Report (SOR) is to be used when there are concerns related to S&H but lack objective evidence or when there are improvement recommendations or when there are positive/vast improvement observed.e) The SNCR raised during ISHA shall be summarized and presented during the closing meeting for follow-up attention. This summary report is also presented to the Management Review Committee’s attention. Corrective and preventive actions which cannot be fulfilled are discussed in the closing meeting as well as in Monthly Management Committee Meeting.Section Representativea) The Section Representative will write down possible root cause(s) of problem (although the auditor may help in that regard) and provide SNCR acceptance signature.b) The Section Representative must initiate to correct the deficiency and to prevent recurrence of the problem. SNCR is to be responded (what, who, when, etc. to do) within 3 working days and to be
“closed-out” or resolved within 1 month from the date of issue.Lead Auditor/Internal AuditorIf corrective and preventive action can be taken immediately to eliminate root cause, i.e. to mitigate theS&H risks, the SNCR is closed by the internal auditor.Internal Auditora) Ensure intended SNCR is discussed with department representative before issuing Safety non- conformance.b) Pass SNCR’s to audit team leader.c) SNCR’s will be distributed to department representative by Internal Auditor identified by Lead Auditor.d) Follow up with department representative to ensure: i. SNCR is replied within stated time. ii. Proper counter measure has been proposed and effectively carried out. Record all follow up action on SNCR. iii. Progress of SNCR completion is tracked.e) Make recommendation to Lead Auditor for SNCR to be closed.Department Representative/HODa) If the corrective actions require longer period of action (more than one month), the department representative shall write their proposed completion date with justification and obtain approval from Lead Auditor.b) Implement corrective action to mitigate the S&H risk.Lead Auditor/Internal Auditora) Upon recommendation by internal Auditor, assess effectiveness of counter measures taken.b) The SNCR is closed by Lead Auditor if counter measures are acceptable.5S PRACTICES: A TOOL FOR WORKPLACE AUDIT
5s Practice can be applied at the workplace to in all management system such as the MS 1722:2011,OHSAS 18000, ISO 9000, ISO/IEC 17025, ISO 14000 etcetera in managing safety, health andenvironment. 5s Practice can be applied at the workplace to improve housekeeping. The result isenhancing of safety and health standards at the workplace.The 5s is shown in Figure 6.1, is the acronym of five Japanese words which stands for SEIRI (Sort),SEITON (Systemize), SEISO (Cleanliness), SEIKETSU (Standardization) and SHITSUKE(Discipline). Hence, the 5s Practice is a technique used to establish; maintain quality environment in anorganization effectively and promised the employees to be more self-discipline. Consequently to have the5s team in organization is an important approach in solving many potential problems.
Figure 6.1: 5s Practices.DEFINITION AND APPLICATION 5S PRACTICESeiri (Sort)Seiri connote to separate the items that are not needed at work and discard it away.Seiton (Systemize/Keep in Order)Seiton connote to arrange items needed in a systematic way so that it is easy to useSeiso (Cleanliness)Seiso connote to clean your work area so that it is well kept. Examples of such actions are cleaning of thefloor, machinery and equipment.Seiketsu (Standardization)Seiketsu connote maintaining at all time a high level of hygiene and work organization at the workplaceShitsuke (Discipline)Shitsuke connote to train employees to comply with the rules of good hygiene and self-discipline atworkplace.WORKPLACE SCENARIOFigure 6.2 beneath, portrays the common workplace scenario at the store room. The workplaceorganization methodology of Seiri, Seiton, Seiso, Seiketsu and Shitsuke, can be applied to manage aworking area for effectiveness and efficiency through identifying and storing the items used, maintainingthe area and items, and sustaining the new arrangement. The most obvious benefit from implementing theworkplace organization methodology mentioned is that of improved working environment and henceminimized workplace accidence leading to increases productivity.
Figure 6.2: Common Conditions in Most Workplace Environment Especially Store Room.The application of workplace organization methodology of Seiri, Seiton for example will bring aboutchanges at the workplace. Both the 5s practice under take to “Arrange items needed in a systematic wayso that it is easy to use” and “Separate the items that are not needed at work and chuck it away.”USING CHECKLIST IN CONDUCTING WORKPLACE AUDIT BY WAY OF 5sPRACTICESWorkplace audit can be implemented through workplace organization methodology of 5s Practices. Toimplement it, checklist must be prepared based on the objectives that need to be achieved by the businessentity that is to evaluate compliance with the law and other administrative regulations and also to assurethe effective operation of an organization. Below at Table 6.3 in an example of a Checklist prepared toaddress the OSH Agenda at workplace which contain the elements of Seiri, Seiton, Seiso, Seiketsu andShitsuke. Table 6.3: 5s Audit Checklists.AUDIT CHECKLIST TICK ( ) IF APPROPRIATE S1=Seiri=Sort1. Are any tools, equipment, materials left on the floor, nearby machinery?2. Are tools and equipment commonly making use of sorted, arranged and labeled?3. Are all measurement instruments/devices sorted, arranged, stored and labeled? 4. Are any unused machines unused jigs, tools or other equipment lying around? S2=Seiton=Systematized1. Are storage areas and working places clearly defined?2. Are the tools/devices/instruments properly organized?3. Are all containers, pallets etc stored in a suitable place?4. Is there any obstruction close to fire extinguisher? 5. Are yellow lines or other markers used to clearly indicate walkways and storage areas?
S3=Seiso=Clean Up1. Can you find or notice oil stains and dust on equipment and machinery at the working bay?2. Can you find or notice oil stains, dust, fillings and waste on any parts from the machines/equipment at the work bay?3. Are any supplying pipes/ belts greasy, dirty or cracked?4. Are the machines wiped clean often and kept free of oil?5. Is there a person responsible for overseeing cleaning operations? S4=Seiketsu=Standardize1. Do you wear inappropriate clothing or personal protective equipment at workplace?2. Does your workplace have adequate lighting and ventilation system?3. Are there any problems regarding noise, vibrations and heat/cold at the workplace?4. Do you have designated areas for smoking and eating? 5. Are procedures written, clear and regularly used? S5=Shitsuke=Self-Discipline1. Do you undertake daily cleaning check?2. Are there daily reports done and on time?3. Do you wear appropriate protection clothing?4. Do you wear helmet if required?5. Is everyone adequately trained in standard procedures?USING CHECKLIST IN CONDUCTING WORKPLACE AUDIT BY WAY OF MS1722:2011Audit at the workplace can be undertaken by adopting the MS 1722:2011. One of the most comprehensivechecklists to gauge OSH at the workplace and win a prestigious award has been develop by NationalCouncil for Occupational Safety and Health or Majlis Negara Bagi Keselamatan dan Kesihatan Pekerjaan(Kementerian Sumber Manusia).This checklist is use to conduct audit at the workplace for the purpose of“OCCUPATIONAL SAFETY AND HEALTH NATIONAL EXECELLENT AWARD or “ANUGERAHCEMERLANG KESELAMATAN KEBANGSAAN DAN KESIHATAN PEKERJAAN.” The checklistuses the elements incorporate in the MS 1722:2011 as previously discuss.Industries can use the checklist to gauge its standard of OSH at the workplace. The score attain in usingthis checklist will indicate the organization’s or business enterprise adherence to the OSH Act 1994. Ingood will and in the spirit of promoting OSH practice at the workplace at Table 6.4 is a partial Checklistobtain from NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH whichindustries can make use of to gauge its level of OSH at the workplace. Table 6.4: Checklist Considering OSH Policy.NO INDICATOR SCORE (0-4) COMMENT1. A written OSH policy has been developed * [*If the company does not have a written safety and health policy, the rest of the questions for section OSH policy ( 2 to 10vi) do not need to be answered. Please continue to other sections].2. The OSH policy has been developed in consultation with the safety and
health committee, employees and their representatives. 3. The policy is specific to the nature and activities of the organization. 4. The policy is Cleary written in languages understandable to all level of personnel in the organization (at least in Malay and English languages). 5. A senior management officer has been identified in the OSH policy (e.g. a personnel coordinating OSH program could be identified). 6. The policy is made effective by the signature or endorsement of the chief executive officer (CEO). 7. The policy is communicated to all persons at their place of work (at the time of employment or during the induction course or at appropriate interval). 8. The policy is readily accessible to all persons at their place of work (policy is displayed at strategic location in the organization). 9. The policy is made available to relevant external interested parties (such as DOSH and contractors). 10. i. The OSH policy includes objective to protect the safety and health of employees and third parties of the organization. ii. The OSH policy includes objective to comply with relevant OSH national laws and regulations. iii. The OSH policy includes objective to ensure that workers and their representatives are consulted in all elements of the OSH-MS. iv. The OSH policy includes objective to ensure workers are encouraged to actively participate in all elements of the OSH-MS. v. The OSH policy includes objective for continual improvement in performance of the OSH-MS. vi. The OSH policy is integrated in other management system in the organization (e.g. ISO 14000, ISO 9000 and other management system as appropriate).CONCLUSIONStatistic from SOSCO indicate s the numbe r of industrial accide nts throughout 2009 in Malaysia is55,186. Industrial accidents have an impact not only on the workers but also economically on the businessentity. The impact on the workers is reflected in the rate of death, disability and personal suffering ofworkers and, absence from work. The aforementioned accident impact on the worker will also affect thebusiness entity in the form of loss of productivity, increase in health and medical cost and other hiddencosts.Responsibility for safety and health in the workplace lays with those who create the risks (employers) andthose who work with the risks (employees).Employers in general have got to abide by the prevailing law
Search
Read the Text Version
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 18
- 19
- 20
- 21
- 22
- 23
- 24
- 25
- 26
- 27
- 28
- 29
- 30
- 31
- 32
- 33
- 34
- 35
- 36
- 37
- 38
- 39
- 40
- 41
- 42
- 43
- 44
- 45
- 46
- 47
- 48
- 49
- 50
- 51
- 52
- 53
- 54
- 55
- 56
- 57
- 58
- 59
- 60
- 61
- 62
- 63
- 64
- 65
- 66
- 67
- 68
- 69
- 70
- 71
- 72
- 73
- 74
- 75
- 76
- 77
- 78
- 79
- 80
- 81
- 82
- 83
- 84
- 85
- 86
- 87
- 88
- 89
- 90
- 91
- 92
- 93
- 94
- 95
- 96
- 97
- 98
- 99
- 100
- 101
- 102
- 103
- 104
- 105
- 106
- 107
- 108
- 109
- 110
- 111
- 112
- 113
- 114
- 115
- 116
- 117
- 118
- 119
- 120
- 121
- 122
- 123
- 124
- 125
- 126
- 127
