Executive Diploma in Occupational Safety & HealthInstitute of Professional Development

Open University, Malaysia

OSH ACT LEGAL REGISTER

&

HAZARDS AT WORKPLACE

( MODULE: OSH LEGISLATION )

( LECTURER: MR. ANIS FAHMY PAUZI )

Prepared by:

Arshad Ariffin (EDOSH – 122280)

8 November 2009

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ASSIGNMENT 1:

OSH Act Legal Register

INTRODUCTION

Occupational health and safety (OSH) at the workplace is very important in business.

It influences company’s productivity in order to maintain competitiveness in business

world. Unhealthy and unsafe working conditions will contribute to the unwelcomed

accidents which can cause loss in man hours and increase indirect company cost.

The reasons for establishing good occupational safety and health standards at a

workplace are:

An employee should not have to risk injury or death at work, nor should others

associated with the work environment.

Poor occupational safety and health performance results in cost to the

government (e.g. through social security payments to the incapacitated, costs

for medical treatment, and the loss of the "employability" of the worker).

Organizations also sustain costs in the event of an incident at work (such as

legal fees, fines, compensatory damages, investigation time, lost production,

lost goodwill from the workforce, from customers and from the wider

community).

Occupational safety and health requirements may be reinforced in civil law

and/or criminal law; it is accepted that without the extra "encouragement" of

potential regulatory action or litigation, many organisations would not act

upon their implied moral obligations.

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MY COMPANY’S PROFILE

Engineering and Environmental Health Sdn. Bhd. (Enhealth) is a private company

established in 2004. The main business of the company is providing consultancy and

training services in the field of engineering and environmental health aspects mainly

in the healthcare sector. The company conducts inspection and audit to evaluate all

aspects of service performance at the facilities including safety and health

requirements and compliances.

Currently, there are eleven (11) staff working in the company lead by Managing

Director (MD). Others are 4 Specialist Consultants, 4 Senior Consultants, 1 Secretary

to the MD and 1 clerk.

Organisation Chart

The company does not use any machinery equipment, electrical tools or other raw

materials during audit and inspection activities at site except a writing tools, checklist

and camera. However, the management had requested all our consultants to take

necessary precaution during audit and inspection especially on the health and safety

requirements at audited site.

ManagingDirector

Senior Consultants

(CLS)

Specialist Consultants

(BEMS)

Senior Consultants

(LLS)

Specialist Consultants

(FEMS)

Senior Consultants (CWMS)

Secretary Clerk

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Staff are spending about 75% of the working time at office and 25% at site doing

auditing, inspection and consultancy. As such, it is vital for the employer to provide

safe, healthy and comfortable working environment at the office. Since established in

2004, there is no health and safety policy being set-up and developed by the company.

However, the aspects of safety and health are the main concerned of employer during

conducting the audit and inspection.

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OSH Act Legal Register

No Laws & Regulations

License/Permit/ Approval

Act/Regulation Title Spec Area PIC Remarks

Part Sect. Sub-section

1. OSH Act 1994 -NA- IV 16 - Duty to formulate safety and health policy.

Prepare general statement of intent (policy) including management’s commitment.

Provide list of goals and objectives.

List of responsibilities and accountabilities for achieving those goals and objectives including those of management, supervisors and workers;

Prepare an outline of the safety program and procedures;

Identify the method of review the policy.

Office Safety Representative

Safety rep to discuss with MD.

2. OSH Act 1994 -NA- IV 15 (1), (2) and (3).

General duties of employers and self-employed persons to their employees.

Provide and maintain a safe and healthy working environment in the office.

Provide adequate training in related to the safety and health to all workers.

Office MD and Safety rep

Safety rep to assist MD to identify suitable trainer.

Safety rep to assist

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Prepare safety and health procedures or manuals.

Provide and maintain adequate facilities and welfare for the workers.

MD of document preparation.

3. OSH Act 1994 -NA- VI 24 (1) and (2).

General duties of employees at work.

Co-operate with employer in maintaining safety and health requirements.

Wear any PPE provided by employer.

Comply with any instruction on OSH imposed by employer.

Office Safety Representative

All employees to attend training.

4. OSH Act 1994 -NA- VIII 32 (1) and (2).

Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry.

Notify DOSH office on occupational accident, dangerous occurrence, poisoning and disease at workplace using approved form.

Office MD Safety rep to assist MD

5. OSH (NADOPOD) Regulations 2004

-NA- II 5 (1) Notification and reporting of accident and dangerous occurrence.

Send report to DOSH office in 7 days in which any staff involved in accident absent from work for 4 calendar days.

Write to DOSH within 1 year in the event of accident causing death.

Office MD Safety rep to assist MD

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ASSIGNMENT 2:

The employer’s duty is to ensure as far as practicable the safety and health of

persons at work. Present a hazardous situation at work with “as far as

practicable” intervention carried out by the employer.

INTRODUCTION

The Occupational Safety and Health Act 1994 covers a wide range of basic safety,

health and welfare issues and apply to most workplaces (with the exception of those

workplaces on board ships or armed forces). Employers have a general duty under

Section 15 of the Occupational Safety and Health Act 1994 to ensure, so far as is

practicable, the safety, health and welfare at work of all his employees. It is also the

duty of employers under Section 17 of the same Act that

other persons of not being his employees may be affected

are not exposed to risks. The Act expands on these duties

and is intended to protect the health and safety of everyone

in the workplace, and ensure that adequate welfare facilities

are provided for people at work.

TYPE OF HAZARDS AT THE WORKPLACE

1. Office environment

Poor elements of temperature, lighting and air quality inside the office can cause

headaches, eyesore, nose and throat problems, stress etc to the workers. Correct

setting and combination of these elements should be maintained to ensure healthy

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and comfortable working environment. To prevent such ill-health in the office

employers shall ensure the following that:

A comfortable temperature must be maintained. Most people work

comfortably at temperature between 20 - 26 degree Celsius. Almost all

office in Malaysia use air-conditioning system to maintain the comfortable

temperature.

Adequate lighting must be provided. Where possible offices should have

natural lighting. When artificial lighting is used it should be sufficient so

as to avoid visual fatigue and prevent glare or reflection into the workers

eyes.

Ventilation must be adequate. Office should be ventilated either naturally

or artificially. For most office opening windows or doors will provide

adequate ventilation. Where mechanical ventilation or air-conditioning is

provided make sure the system is regularly checked, kept clean and well

maintained to prevent a growth of organisms.

2. Work equipment

Work equipment covers many types of machinery ranged from photocopy,

shredder, computers, scanners, vacuum, hand tools and ladders. Employers have a

duty when selecting and providing employees with equipment. The important

points for selecting equipment are:

Selecting the right equipment for the job;

Making sure the equipment is safe to use;

Keeping equipment safe through regular maintenance, inspection and, if

appropriate, thorough examination;

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Training employees to use equipment safely and follow manufacturers or

suppliers instructions.

3. Manual handling

Manual handling is transporting or supporting loads by hand or using bodily

force. Many people hurt their back, arms, hands or feet lifting everyday loads and

not just when the load is too heavy. Upper limb disorders such as those relating

to the neck, shoulders, arms, wrists, hands and fingers can happen in almost any

workplace where people do repetitive, or forceful manual activities in awkward

postures, for prolonged periods of time. These can cause muscular aches and

pains, which may, at first, be temporary. However, if such work is not properly

managed and the early symptoms are not recognized and treated, they can

progress to a chronic and disabling disorder.

4. Slips, trips and falls

Slips, trips and falls are the most common cause of major injuries at work. Its can

caused serious injury or illness such as broken bones, sprains, strains of joints,

adjacent muscles and fractures. Almost all slips happen when floors are wet or

dirty (for example contaminated with water, oil, food debris, dust etc). If the floor

has a smooth surface (for example the surfaces of standard vinyl, glazed ceramic

tiles, varnished wood and some metal floors are all often very smooth) even a tiny

amount of contamination can present a real slip problem.

Trips generally take place on damaged, uneven and badly laid floors or because

obstacles have been left where people do not expect to find them. People rarely

slip on clean dry floors. Employer shall provide and maintain good condition and

housekeeping in avoiding most trip and fall injuries at work.

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5. Electrical hazards

According to the Albert Einstein College of Medicine, an average of one worker

is electrocuted on the job every day of every year. Electrocution is the cause of

12% of all workplace deaths among young workers. One might be exposed to

electrical hazards due to:

Touching two wires that are at different voltages at the same time

Touching both live wires of a 240 volt cable

Wearing wet clothing, the presence of water, perspiration & high humidity

Touching exposed wires

Touching defective electrical equipment which is energized

The dangers from electrical shock depend on amount of electric current, duration

of electric current and path of electric current. High voltages can cause additional

injuries such as violent muscular contractions, falls, internal bleeding and

destruction of tissue, nerves and muscles.

Electrical hazards at workplace can be found at:

Inadequate wiring

Exposed electrical parts

Overhead power lines

Wires with bad insulation

Electrical systems and tools that are not grounded or double-insulated

Overloaded circuits

Improper grounding or lack of grounding

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Damaged power tools and equipment

Using the wrong tool

Using the wrong PPE

Defective ladders and scaffolding

Ladders that conduct electricity

Wet location, equipment, or worker

REQUIREMENTS OF ACTS, REGULATIONS, GUIDELINES AND CODE

OF PRACTICES

The Occupational Safety and Health Act 1994 (Act

514) Section 15 and Section 17 require employers and

self-employed persons to ensure so far as is practicable,

the safety, health and welfare of their employees and other persons not being their

employees who may be affected by their work activity. These shall include:

1. Provision and maintenance of workplace and systems that are safe and

without risks to health;

2. Making such arrangements to ensure safety during operation, handling,

storage and transportation;

3. Provision of information, instruction, training and supervision to ensure safety

and health at the workplace;

4. Provision and maintenance of safe and healthy working environment at the

workplace.

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The employees also have a duty under the Section 24 while at work:

1. To take reasonable care of the safety and health of one-self and other persons;

2. To cooperate with his employers or others persons in the discharge of any

duty;

3. To wear any protective equipment provided by the employer;

4. To comply with any instruction and measure on safety and health.

Specific requirements and guidance on OSH at a workplace can be found in the

Guidelines on Occupational Safety and Health in the Office, 1996.

EMPLOYER’S INTERVENTION TO ENSURE SAFETY AND HEALTH AT

THE WORKPLACE

Safety and Health Policy

The employer must prepare a written statement of his general

policy with respect to the safety and health at work of his

employees and the arrangement for managing safety and health

in the workplace. It should begin with a policy statement on

how the employer intends to comply with the law. The statement should be based on

an identification of the hazards and an assessment of the risks in the office.

Employees should be informed of the policy. The risks assessment results should be

incorporated into the safety and health policy where appropriate.

In preparing the statement it is useful to review the most common causes of office

accidents and if these hazards exist in your office, deal with them in the statement.

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The statement should name those people in the office who are responsible for

ensuring that safety controls are put and retained in place.

First Aid

A first-aid box should be available in the office and kept fully stocked. Someone

should be appointed to look after it, take charge in an emergency and call an

ambulance. The smaller office might not need a trained first-aider but the bigger

office should have an appropriate number of trained first-aiders, depending on the

risk involved, the accidents likely to arise, the size and location of the office, the

distribution of employees and the distance from external medical services. For more

details please refer to The Guide on First-aid Facilities in the Workplace 1996.

Accident Reporting

The Occupational Safety and Health Act 1994 require an employer to notify the

nearest occupational safety and health office of any accident, dangerous occurrence,

occupational poisoning or occupational disease which has occurred or is likely to

occur at the place of work. For further detail please refer to the Occupational Safety

and Health (Reporting of Accident, Dangerous Occurrences, Occupational Poisoning

and Occupational Diseases) Regulations.

Safety and Health Training

The types of training required for office workers include;

Induction - so that new entrants get to know the basics

such as fire evacuation, good housekeeping, electricity

and VDU safety and the safety and health policy.

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Skill - so that staff who have specific responsibilities under the safety and health

policy can undertake them in a competent manner e.g. manual handling training,

VDU assessment, office inspections and accident investigations.

Management training - which gives a good overview of the law including guidance

and need for risk assessment and preparing safety management programmes.

CONCLUSION

For a well organised office the safety and health policy should spell out the training

programme and commitment to provide resources to implement it. The key to

induction and skill training is that office workers require the knowledge to do what is

expected of them. Management training involved in particular understanding the

process of risk assessment and their legal obligations. The

training can be based on the accident trends for the office

environment such as slips, trips and fall, back injuries from

manual handling, upper limb disorders etc.

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