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LECTURER :
DR. ZURAINA DATO' MANSOR
Prepared by:EX02889 MOHD JOHAN KHAIR BIN AZMIEX02906 HAFIZULLAH BIN MOHD AMIN
MGM4126INDUSTRIAL RELATIONS
TOPIC
“DISCUSS ABOUT THE
SAFTEY AND HEALTH AT WORKPLACE”
Department of Occupational Safety and Health
The Department of Occupational Safety and Health (DOSH)
is responsible :-
For ensuring the safety, health and welfare of people at work
Protecting other people from the safety and health hazards
arising from the activities in various sectors
Administer and enforce legislations related to occupational safety
and health of the country
DOSH
DOSH enforce the following legislations :-
Factories and Machinery Act (Amendment) (2006)
Occupational Safety and Health Act 1994 (Act 514)
Factories and Machinery Act 1967 (Revised - 1974) (Acts 139)
Petroleum Act (Safety Measure), 1984 (Act 302)
OSHA (1994)
The Occupational Safety and Health Act (1994) is an Act
which provides the legislative framework to secure the
safety, health and welfare among all Malaysian workforce
and to protect others against risks to safety or health in
connection with the activities of persons at work.
OSHA (1994)
Scope:-
Nearly all employers and employees in the private and public sectors
Philosophy of the Act:-
“The responsibility to ensure safety and health at the
workplace lies with those who create the risk and with those who
work with the risk”
Scope
ManufacturingMining & Quarrying
Construction
Hotels & Restaurant
Agriculture, Forestry & Fishing
Transport, Storage & Communication
Public Services & Statutory
AuthoritiesUtilities
Finance, Insurance, Real
Estate & Business Services
Wholesale & Retail Trades
Occupational Accidents Statistics by Sector Until December 2014
Requirement
For all industries
> 5 employees - Safety & Health Policy > 40 employees - Safety & Health Policy + Committee
For high risk industries
> 100 employees - Safety & Health Policy + Committee +a Certified Safety & Health Office
For low risk industries
> 500 employees - Safety & Health Policy + Committee +a Certified Safety & Health Office
Responsibilities
Employer
To ensure the safety, health and welfare at
work of all his employees & visitors.
To formulate safety & health policy.
Extra protection for the disabled etc.
Employee
To take reasonable safety & health
measure for himself & other persons.
To co-operate with his employer or any
other persons in the discharge of any duty.
To use & wear at all times, any proactive
equipment provided by
employer.
To comply with any instruction on
occupational safety & health instituted by
his employer.
3rd party
To provide sufficient information.
To eliminate or reduce hazard.
To build & fix the equipment with safety feature.
Penalty for Non Compliance
Employer
A fine not exceeding
RM50,000; or
Imprisonment not exceeding 2
years; or
Both
Employee
A fine not exceeding
RM1,000; or
Imprisonment not exceeding 3
months; or
Both
3rd party
A fine not exceeding
RM20,000; or
Maximum 2 years imprisonment; or
Both
Appointment of members
Chairman : An employer or his authorized manager.
Secretary : Safety and Health officer at the place of work.
Employer reps : Nominated by employer.
(> 100 employees – 4 reps)
Employees reps : Nominated by employees.
(> 100 employees – 4 reps)
Functions of committee
Assist in the development of safety & health rules and safe
systems of work
Review the effectiveness of safety & health programmes.
Carry out studies on the trends of accident and shall report
to the employer together with recommendations for
corrective actions.
Review the safety & health policies.
Inspection of work place
A safety & health committee shall inspect the work place at
least once in every 3 months to ascertain if there is anything
prejudicial to the safety & health of persons employed
therein.
Discuss the observations and keep proper records.
Make recommendations to the employer on the remedial
measures.
Inaugural meeting
The employer shall convene the inaugural safety & health
committee meeting at workplace.
At inaugural meeting, the employer shall make known his
safety & health policies and proposals.
A copy of minutes shall be furnished to every member of the
committee within 2 weeks after the meeting.
A copy of the minutes of meeting shall be kept by the
employer for a minimum period of 7 years for purpose of
inspection.
Safety & Health Officer
A person who;-
Holds a diploma on occupational safety & health (OSH)
Has successfully completed a course in OSH and passed
exam, both approved by the Minister and has a minimum of
3 years of experience in OSH.
Has been working in the area of OSH for at least 10 years.
Holds such other qualifications or has received such training
as prescribed from time to time by the Minister.
Duties of SHO
To advise employer on the safety & health measures.
To inspect and determine the safety of work place.
To investigate any accident which has happened in the work
place.
To assist employer in organizing and implementing OSH
programme.
To become secretary to the committee.
To assist the committee in any inspection of the work place.
To assist any officer in carrying out his duty under the Act.
Reference
http://www.dosh.gov.my
Occupational Safety & Healt Act 1994
Malaysian Industrial Relations & Employment Law (Maimunah
Aminuddin)
Thank You.
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