RAMUNA BINTI MOHAMEDPOLICY AND RESEARCH DIVISIONDEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH

LATEST UPDATE OF OSH LAW

INTRODUCTION TO OSH FRAMEWORK

UPDATES OF OSH ACTS

UPDATES OF OSH REGULATIONS

UPDATES OF OSH SUPPORT DOCUMENTS

CONCLUSION

CONTENT

INTRODUCTION TO OSH LEGISLATION

OSH = CROSS-DISCIPLINARY AREA CONCERNED WITH PROTECTING THE SAFETY, HEALTH AND WELFARE OF PEOPLE ENGAGED IN WORK OR EMPLOYMENT

OSH GOAL = FOSTER A SAFE WORK ENVIRONMENT PROTECT PERSONS (CO-WORKERS, FAMILY

MEMBERS, EMPLOYERS, CUSTOMERS, SUPPLIERS, NEARBY COMMUNITIES, AND OTHER MEMBERS OF THE PUBLIC WHO ARE IMPACTED BY THE WORKPLACE ENVIRONMENT)

INTRODUCTION :OSH LEGISLATION

INTRODUCTION :OSH LEGISLATION

TOOLS : TO ASSIGN

SCOPE OF APPLICATION

FORMATION OF OSH COUNCIL

ROLE & RESPONSABILITIES

POWER

COLLECTION OF FEES

ACT

REGULATION

INDUSTRY CODES OF PRACTICES

CONVENTION

STANDARDS

GUIDANCES

INTRODUCTION :OSH FRAMEWORK

INTRODUCTION :OSH LEGISLATIVE FRAMEWORK

OCCUPATIONAL SAFETY AND HEALTH LEGISLATIVE FRAMEWORK

CONSTITUTIONAL PROVISIONS

LAWS RELATED TO OCCUPATIONAL

SAFETY AND HEALTH

MAJOR LAWS ON OCCUPATIONAL SAFETY

AND HEALTH

Employment Act 1955 (Act 265)Labor Ordinance of Sarawak (Amendment) Act 2005 (Act A1237) Labor Ordinance of Sabah (Amendment) Act 2005 (Act A1238)Children and Young Persons (Employment) Act 1966 (Act 350)Employees Provident Fund Act 1991 (Act 452)Employees’ Social Security Act 1969 (Act 4)Workmen’s Compensation Act 1952 (Act 273)Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446)Wages Council Act 1947 (Act 195)Pembangunan Sumber Manusia Berhad Act 2001 (Act 612)Industrial Relations Act 1967 (Act 177)Employment Information Act 1953 (Act 159)Private Employment Agencies Act 1981 (Act 246)Environmental Quality Act 1975 (Act 127)Atomic Energy Licensing Act 1984 (Act 304)Gas Supply Act 1993 (Act 501)Fire Services Act 1988 (Act 341)Uniform Building by Laws 1984Electricity Supply Act 1990 (Act 447)Pesticides Act 1974 (Act 149)

CONSTITUTIONAL PROVISIONS

LAWS RELATED TO OSH

Federal Constitution

INTRODUCTION :OSH LEGISLATIVE FRAMEWORK

o APPROVED BY PARLIMENTo SETS OUT :

DUTIES OF EMPLOYERS TOWARDS Employees Members of the public

DUTIES OF EMPLOYEES TO Themselves Others

o QUALIFIED DUTIES BY THE PRINCIPLE OF ‘SO FAR AS IS PRACTICABLE’

OSH ACT

ACT

PSMA 1984 [Act 302]

OSHA 1994 [Act 514]FMA 1967 [Act 139]

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, …

An Act to provide for the control of factories with respect to matters

relating to the safety, health and welfare of persons therein, the registration and inspection of

machinery and for matters connected therewith.

An Act to consolidate laws relating to safety in the transportation, storage and utilization of petroleum and to provide for matters relating thereto.

OSH ACTS

o APPROVED BY MINISTERo MADE UNDER THE PROVISION OF THE ACT o MORE EXPLICITo GOAL SETTING

o LEAVE EMPLOYERS FREEDOM TO DECIDE HOW TO CONTROL UNLESS RISKS ARE SO GREAT

PROPER CONTROL MEASURES SO COSTLY

NOT APPROPRIATE

OSH REGULATIONS

OSH REGULATIONSFM

A 1

967

[A

CT

139

]

PSM

A 1

984

[ A

CT

302]

OSH

A 1

99

4 [

AC

T 51

4]

SAFETY & HEALTH POLICY, 1995

CIMAH, 1996

SAFETY & HEALTH COMMITTEE , 1996

CPL, 1997

SHO, 1997

SHO ORDERS, 1997

PROHIBITION OF USE OF SUBSTANCE ORDER, 1999

USECHH , 2000

NADOPOD, 2004

CERTIFICATE OF COMPETENCY -EXAMINATION, 1970

ELECTRIC PASSENGER & GOOD LIFTS,1970

FENCING OF MACHINERY & SAFETY,1970

NOTIFICATION OF FITNESS & INSPECTIONS, 1970

PERSON –IN-CHARGE, 1970

SAFETY, HEALTH & WELFARE, 1970

STEAM BOILER & UPV, 1970

ADMINISTRATION, 1970

COMPOUNDING OF OFFENCES (REVOCATION), 2009

COMPONDABLE OFFENCES (REVOCATION), 2009

LEAD, 1984

ASBESTOS PROCESS, 1986

BOWEC, 1986

NOISE EXPOSURE, 1989

MINERAL DUST, 1989

TRANSPORTATION OF PETROLEUM BY PIPELINES, 1985

TRANSPORTATION OF PETROLEUM BY WATER, 1985

OSH ICOPo APPROVED BY MINISTERo HAVE A SPECIAL LEGAL STATUS

If employers are prosecuted for a breach of OSHA and it is proved that they have not followed the relevant provisions of the ICOP, a court can find them at fault unless they can show that they have complied with the law in some other way

o OFFER PRACTICAL EXAMPLES OF GOOD PRACTICE

o GIVE ADVICE ON HOW TO COMPLY WITH THE LAW A guide to what is ‘AS FAR AS PRACTICABLE’

OSH CONVENTIONS OSH CONVENTIONS = A TREATY ADOPTED BY

THE INTERNATIONAL LABOUR CONFERENCE OF ILO WHICH IS MADE UP OF GOVERNMENT, WORKER AND EMPLOYER DELEGATES FROM THE 183 MEMBER STATES OF THE ILO

OSH CONVENTION MORE THAN 40 CONVENTIONS (STANDARDS) 40 CODES OF PRACTICE

NOT COMPULSORY COUNTRY’S OBLIGATION

OSH STANDARDS STANDARD = A DOCUMENT ESTABLISHED

BY CONSENSUS AND APPROVED BY A RECOGNIZED BODY THAT PROVIDES FOR COMMON AND REPEATED USE, RULES, GUIDELINES OR CHARACTERISTICS FOR ACTIVITIES OR THEIR RESULTS, AIMED AT THE ACHIEVEMENT OF THE OPTIMUM DEGREE OF ORDER IN A GIVEN CONTEXTRefer : ISO/IEC GUIDE 2:1996

NOT COMPULSORY

OSH GUIDELINES COVER WIDE RANGE OF SUBJECTS NOT COMPULSORY AND EMPLOYERS

ARE FREE TO TAKE OTHER ACTION NORMALLY ENOUGH TO COMPLY WITH

THE LAW SPECIFIC TO Safety and Health problems of an industry Particular process used in the industry

OSH GUIDELINES THE MAIN PURPOSES OF GUIDANCE

ARE TO: Interpret & understand the law Help to comply with the law Give technical advice

UPDATE OF ACT :PROPOSED NEW ACT

New Act

Act 514

Act 139

UPDATE OF ACT :PROPOSED NEW ACT

TECHNICAL SPECIFICATION

POWER OF DIRECTOR GENERAL

SECTION 2 : INTERPRETATION OF FACTORY

PART III: PERSON IN CHARGE AND CERTIFICATES OF COMPETENCY

PART V : NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY

PART I: PRELIMINARY

PART II: APPOINTMENT OF OFFICER

PART III: NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH

PART IV: GENERAL DUTIES OF EMPLOYERS & SELF EMPLOYED PERSONS

PART V: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS & SUPPLIERS

PART VI: GENERAL DUTIES OF EMPLOYEES

PART VII: SAFETY & HEALTH ORGANIZATIONS

PART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING & OCCUPATIONAL DISEASES, & INQUIRY

PART IX: PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE

PART X: INDUSTRY CODE OF PRACTICE

PART XII: LIABILITY FOR OFFENCES

PART XIII: APPEALS

PART XIV: REGULATIONS

UPDATE OF REGULATIONS :PROPOSED NEW REGULATION

NO REGULATION PURPOSE STATUS

1 Occupational Safety and Health (Occupational Safety and Health Management System) Regulations 201X

Ensure certain industryimplementing OSH management system to manage OSH issues at place of work

Attorney General Chambers (AGC)

2 Occupational Safety and Health (Inquiry Procedures) Regulations 201X

To provide legal inquiry procedure

Attorney General Chambers (AGC)

3 Occupational Safety and Health (Chemical Classification Labeling and Safety Data Sheets) Regulations 201X [CLASS]

To align with Globally Harmonised Systems (GHS) implementation.Will replace CPL Regulations 1997.

Attorney General Chambers (AGC)

NO REGULATION PURPOSE STATUS

4 Factories and Machinery (Special Scheme of Inspection)(Risk Based Inspection) 201X

To provide new scheme of certificate of fitness (CF) for industry who implementing RBI

Attorney General Chambers (AGC)

5 Occupational Safety And Health (Dangerous Machinery)Regulations 20XX

To provide requirements and responsibilities toperson dealing with dangerous machinery

DOSH

UPDATE OF REGULATIONS: PROPOSED NEW REGULATION

NO REGULATION PURPOSE OF AMENDMENT STATUS

1 Factories and Machinery (Persons in Charge) Regulations 201X

To update new requirement for steam engineer and driver tailored with industry needed

Attorney General Chambers (AGC)

2 Occupational Safety and Health (Safety and Health Officer) Regulations 201X

Ensure certain industryimplementing OSH management system to manage OSH issues at place of work

DOSH

3 Occupational Safety and Health (Safety and Health Officer) Order 201X

To specify the class or description of industries that require to employ safety and health officer

DOSH

UPDATE OF REGULATIONS: PROPOSED AMENDMENT

NO REGULATION PURPOSE OF AMENDMENT STATUS

4 Occupational Safety and Health (Safety and Health Committee) Regulations 201X

To improve and strengthen the function and effectiveness of SHC

DOSH

5 Factories and Machinery (Building Operation and Works of Engineering Construction)(Safety) 201X

To update new requirement tailored with construction industry needed

DOSH

6 Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 201X

To update new requirement for the usage and exposure of hazardous chemicals

DOSH

UPDATE OF REGULATIONS: PROPOSED AMENDMENT

NO ICOP PURPOSE GAZZETTE NO.

1 Occupational Safety and Health Industry Code of Practice on Chemicals Classification and Hazard Communication

To provide guidance to employers and employees on the proper and effective methods of classifying chemicals and communicatinghazard of chemicals

P.U.(B) 250/2012

UPDATE : NEW ICOP

NO ICOP REASON GAZZETTE NO.

1 Occupational Safety and Health Industry Code of Practice on Chemicals Classification and Hazard Communication

To align with the regulation DOSH

AMENDMENT ICOP

NO CONVENTION PURPOSE DATE RATIFIED

1 C187 : PROMOTIONAL FRAMEWORK FOR OSH, 2006

TO PROVIDE FRAMEWORKFOR OSH PROMOTING CONTINUOUS

IMPROVEMENT TO PREVENT OCCUPATIONAL INJURIES, DISEASES & DEATH

ACHIEVING SAFETY & HEALTHY WORKING ENVIRONMENT

JUN 2012

2 C155 : OCCUPATIONALSAFETY & HEALTH CONVENTION, 1981

TO PROVIDE FORMULATION,IMPLEMENTATION & REVIEW OF NATIONAL OSH POLICY

CONSIDERING TO RATIFY

UPDATE OF CONVENTION

NO STANDARDS PURPOSE GAZZETTE NO.

1 Occupational Safety and Health (OSH) Management Systems –Requirements (First Revision)

To provide requirements on OSHMS and basis for the development of a sustainable safety and health culture in the organisation

Will be made known later

UPDATE OF STANDARDS DOSH = SWO COVER WIDE RANGE OF SUBJECTS UNDER ISC W CURRENTLY : 218 MS DEVELOPED 163 (ADOPT - ISO) & 55 (INDIGENOUS)

PROPOSE MANDATORY STANDARD

NO STANDARDS PURPOSE GAZZETTE NO.

1 Safety Rules For The Construction And Installation Of Electric Lift

To provide requirements forConstruction And Installation Of Electric Lifts

2012

2 Safety Rules For The Construction And Installation Of Lifts -Hydraulic Lifts

To provide requirements forConstruction And Installation Of Hydraulic Lifts

2012

UPDATE OF STANDARDS ALSO UNDER ISC F (MECHANICAL

ENGINEERING ) CURRENTLY : 334 MS DEVELOPED 209 (ADOPT - ISO) & 125 (INDIGENOUS)

PROPOSE MANDATORY STANDARD

UPDATE OF GUIDELINES COVER WIDE RANGE OF SUBJECTS CURRENTLY : 55 GUIDELINES DEVELOPED AVAILABLE IN DOSH WEB SITE

LATEST STANDARDSNO GUIDELINES PURPOSE PUBLISHED DATE

1 Guidelines on Occupational Safety and Health Management Systems (OSHMS)

To guide and assist organizations on the implementation of theMS1722: occupational safety and health management systems - requirements standard

Dec 2010

UPDATE OF GUIDELINESLATEST STANDARDS

NO GUIDELINES PURPOSE PUBLISHED DATE

2 Guideline for Media Professionals

To provide media professionalswith information regardingsafety practices while working.

2011

3 Guidelines on MercuryManagement in Oil and Gas Industry

To provide information andrecommendations on how tomanage mercury in the Oil &Gas industry in compliancewith the Occupational Safetyand Health (Use andStandards of Exposure ofChemicals Hazardous toHealth) Regulations 2000.

2011

CONCLUSION

DOSH WILL CONTINUE TO REVIEW AND UPDATE THE OSH LEGISLATION

ALL PARTIES ARE WELCOME TO GIVE FEEDBACK FOR FURTHER IMPROVEMENTOF OSH LEGISLATION

THANK YOU

RAMUNA BINTI MOHAMEDDEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH

MINISTRY OF HUMAN RESOURCESLEVEL 2, 3 & 4 BLOCK D3, PARCEL D

FEDERAL GOVERNMENT ADMINISTRATION CENTER

62530 PUTRAJAYA, MALAYSIA

03-88865078 03-88892352

ramuna@mohr.gov.my