Understanding OHSA Act 1994

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WCT BerhadOHSA Act 1994

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Safety & Health Organization

Part 1

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Purpose of OHSAEnsure Safety, Health & Welfare at work.Protect others against risk to safety or health arising from activities at work.Maintain / improved the standard of safety & Health

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Application of OHSAThroughout Malaysia to industries (as specified in first Schedule)Not applicable to work on board ships which are governed by :-* The Merchant Shipping Ordinance 1952* The Merchant Shipping Ordinance 1960

of Sabah/ Sarawak/ Armed Forces.

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OSHA DECLARATIONIn the event of conflict or inconsistency with other written law pertaining to OHS, THE PROVISION OF THIS ACT SHALL PREVAIL.

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Safety & Health Organization

Part 2

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Appointment Of OfficersMinister shall appoint a public officer as “Director General” (DG) of Occupational Safety & Health.Minister may appoint others

Deputy DG Directors Deputy Directors Assistant Directors Other OSH Officers

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Independent Inspecting Body

DG may appoint a person / independent Inspection Body (from any industry) to advise / assist

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Certificate of Authorization

Every officer appointed under OSHA is issued a Certificate of Authorization by DG.The officer shall produce this certificate upon demand.Certificate of Authorization for DG issued by the Minister.

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Safety & Health Organization

Part 3

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National Council for OSH

“NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH” shall be established.

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Safety & Health Organization

Part 4

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Duties of Employers & Self Employed Persons

To ensure (so far as practicable) the Safety, Health & Welfare at work of all this employees.

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Employers Duties (As Practicable)

Provide and maintain plant and system of work safe and without risk to health.Ensure safety and absence of risk to health in connection with use or operation, handling, storage and transport of plant and substances.

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Employers Duties (As Practicable)

Provide information, instruction, training and supervision (as is necessary) to ensure the safety & health at work of his employees.Maintain any work place safe and without risk to health.

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Employers Duties (As Applicable)

Provide and Maintain the means of access and egress from it that are safe and without such risk.Provide and maintain work environment that is safe and without risk to health and has adequate facilities for employees welfare at work.

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Duty to Formulate Safety & Health Policy

Employer to prepare and revise written statement of General Policy with respect to Safety and Health at work of his employees and the organization.

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General Duties of employers & Self Employed Persons to

others other than their employees

Ensure others are not exposed to risk of safety or health.To inform them on the manner in which he conduct his undertaking as might affect their safety or health.

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Duties of Occupier of work place to persons other than his

employeesMeasure must be taken to ensure all means of access and egress available for use by persons using the premises are safe and without risk to health.* Maintenance or repair of place of work or any

means of access or egress.* Prevent risk to safety and health arising from use of plant or substance at place of work.

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Penalty for Offence (Part 4)

Fine > RM 50,000 OR

Jail > 2 years OR

BOTH

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Safety & Health Organization

Part 5

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General Duties of Designers & Manufacturers of Suppliers (As is

Practicable) Ensure Plant designed and constructed to be safe and without risk to health when properly used.Arrange/ carry out testing and examination as necessary for performance of duties imposed on him.

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Have adequate information about the use for which it is designed and tested. And about condition necessary to ensure when used it will be safe and without risk.Carry out research to eliminate / minimize risk to safety / health to which the design or plant may give risk.Ensure nothing is which the erected or installed of plant makes it unsafe or risky to health when properly used.

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Duties in Formulating, Manufacturing, Importing or

Supplying Substances for Use At Work

Ensure substances is safe and without risks to health when properly used.Carry out / arrange to carry out test and examination for performance of duties imposed.Carry out / arrange to carry out research to eliminate or minimise any risk to safety or health from the substance.

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Penalty for Offence (Part 5)

FINE > RM 20,000 OR

JAIL > 2 Years OR

BOTH

/

/

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Safety & Health Organization

Part 6

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General Duties of Employees

Take reasonable care for safety and health of himself and others who may be affected by his acts or omissions at work.Cooperate with employer or any other person in discharge duties / requirements imposed on employer by the act or any regulation.

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General Duties of Employees

Wear or use any PPE provided by employer at all times.Comply with instruction / OSH measures instituted by employer.

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Penalty for Offence (Part 6)

FINE > RM 1,000 OR

JAIL > 3 Months OR

BOTH

/

/

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Duty Not To Interfere With or Misuse Things

ProvidedPerson intentionally, recklessly or negligently interferes with or misuse anything provided or done in the interests of safety, health and welfare.Offence – FINE > RM 20,000 or JAIL > 2 Years or BOTH

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Duty Not To Charge Employees for Things Done

or ProvidedNo employer shall levy / permit to levy any employee any changes or anything done / provided in pursuance of this act or regulation.

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Discrimination Against Employee, etc.

No employer shall dismiss, injure or alter an employee’s position by reasons that he:

* makes complaint on matter regarding safety or risk to health.* is a member of Safety and Health Committee established prior to this act.* exercise his functions as member of Safety & Health Committee.

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Trade UnionNo trade union shall take action on members who :* make complaint about matter which he considers is not safe or a risk to health.* is a member of Safety and Health Committee established prior to this act.* exercise his function as member of Safety and Health Committee.

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Penalty for OffenceEmployer / Trade Union Contravenes

FINE > RM 10,000 or JAIL > 1 Year or BOTH

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Safety & Health Organization

Part 7

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Medical SurveillanceRequired where it appears to the Minister :-Cause or illness from nature of process or other conditions of work.Changes of process or substances or Introduction of new process or substances or introduction of new process / substance for use in a process which risk injury to health of person employed in process.Person < 16 years employed which may risk injury to health.

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Medical SurveillanceRisk of injury to health of persons employed in any occupations specified in Third Schedule of Factories & Machineries Act 1967

Medical Surveillance and Medical Examination to be carried out.

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Safety & Health OfficerNeed a competent person as Safety & Health Officer at place of work.Purpose – Ensure the Act and Regulations are observed and promoted.Shall possess qualification / training as required.Penalty – FINE > RM 5,000 or JAIL > 6 Months or BOTH

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Establishment of Safety & Health Committee

Employer shall establish Safety & Health Committee if :-

* Have 40employees * DG directs establishment of

such committee.

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Establishment of Safety & Health Committee

* Elect or appoint person to committee.* Establish powers of members of

committee.* Employer shall consult S & H

Committee for cooperation to effectively promote & develop measures for S & H at work place.

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Penalty for Not Having Committee

FINE > RM 5,000 or

JAIL > Months or

BOTH

/

/

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Functions of Safety & Health Committee

Review measures taken to ensure S & H of persons at work place.Investigate any reports on safety and risk to health brought to the employer’s attention.Attempt to resolve the matter.Any other similar functions as required.

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Safety & Health Organization

Part 8

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Notifications of Accidents, Dangerous Occurrence, Occupational Poisoning

& Occupational Diseases and Inquiry

Employer shall notify nearest OSH officer on any occurrence or likely occurrence at place of work.Any registered doctor attending to patient believed suffering any disease (as per Third Schedule of Factories & Machineries Act 1967 shall report to “DG”.

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Safety & Health Organization

Part 9

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Prohibition Against Use of Plant or Substance

DG may prohibit use of any plant or substance which is likely to affect Safety & Health of person at work.DG shall, before making order, consult any government department department or other body, as appropriate.

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Safety & Health Organization

Part 10

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Approval of Industry Codes of Practice

Minister may upon recommendation of the council or DG approve Industry Codes of Practice.Minister may revise the Industry Codes of practice from time to time. Minister shall publish in the Gazette approval of Industry Codes of Practice and amendment or revocation.

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Safety & Health Organization

Part 11

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Enforcement & Investigation

Enforcement Officer, upon producing Certificate of Authorization, enter, inspect and examine any place used solely for residential purposes.If medical officer, may carry out medical examination, as necessary, as part of the duties.Officer can seek assistance of police.

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Duties and Authorities of Officer

Make examination & investigationDirect work place shall be left undisturbed for investigation.Take measurement & photos and make necessary recordings (as necessary) for investigation.Take sample.

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Duties and Authorities of Officer

To medically examine any person employed at work place by registered doctors relating to appropriate diseases as per Third Schedule.Instruct or take possession of any plant or substance that has caused or likely to cause danger to S & H.

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Section 40 Entry PremisesSearch Warrant

Power of Seizure

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Section 41 Entry PremisesNo Search Warrant

Power Of Seizure

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Power of Investigation by Officer

Officer has power to investigate.Exercise special powers w.r.t police investigation.No power to arrest without warrant.Upon investigation completed, shall immediately give all information relating to offence to police officer-in-charge.

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Safety & Health Organization

Part 12

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Liability for Offences (General Penalty) – Part

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FINE > RM 10,000 or

JAIL > 1 year or

BOTH

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Continuing OffenceFine > RM 1,000 for everyday or part thereof during which offence continues after conviction.

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Offences by Body Corporate

Considered contravening Act if the offence carried out by Director, Manager, Secretary, or others like officer of Body Corporate.

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Body Corporate or Trade Union Liable to be fine