Lecture 3.1LegislationOSHA

8/10/2019 Lecture 3.1LegislationOSHA

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TOPIC : REGULATIONS & STANDARDS

DATE : 4 JUNE 2012, MONDAY

LECTURE 3.1 : OSHA RULES ARE NOT MEANT

TO BE BROKEN

Health, Safety &Environment (CBB 2012)


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Lecture Content

What is Law/Legislation?

Prevention versus Protection Health & Safety Legislation

Environmental Legislation


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Lecture Outcomes

Define law / legislation

Differentiate between laws ofprevention & laws of protection

List out reason why OSHA 1994 &

EQA 1994 are necessary


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Prevention vs. Protection

Prevention: aspects of legislation

which emphasize on guidelines or

requirement for preventing damage toor loss of either people or

environment

Protection: acts or regulations to

prosecute and penalize culprits


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Health and

SafetyLegislation


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Pre-OSHA days

In the 1830s no clear distinction between nature, traffic,

energy, waste and other subjects. Waste laid scattered in

the streets.

More than 15 workers were killed every day on the job in

America and a worker became injured or ill on the job every

2.5 seconds.

Inspections infrequent and penalties for offences insignificant.

The HSE movement's history has been one of emancipation

from the unhealthy and unsafe practices.


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The industrial revolution in Britain resulted in some unsafe and unhealthyworking conditions plus a high numbers of injury and disease- the evolution of Occupational Safety and Health Legislation in Malaysiawas based on the traditional approach derived from 19th Century BritishLegislation

Factory and Machinery Act 1967 was enacted in 1967 as Act No. 64 of1967 and gazetted on the 1st February 1970

The principle of the Act is to provide for the control offactories with respect to matters relating to the safety,

health and welfare of person therein, the registrationand inspection of the machinery and for mattersconnected therewith.

The Factory and Machinery Act 1967 only coversoccupational safety and health in the manufacturing,

mining, quarrying and construction industries,whereas the other industries are not covered.

History of OSHA in Malaysia


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Prior to the OSHA 1994, the FMA 1967 was the primary

legislation on occupational safety and health matter.

Disadvantages of FMA 1967 :

+ Scope limited to only manufacturing sector

+ Prescriptive, detailed regulations

+ Too dependent on the government

The formulation of the OSHA 1994, covers all aspects of

the economyincluding the public services and government

bodies.

OSH Legislation in Malaysia


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The purpose of OSHA 1994 is to promote and encourageoccupational safety and health awareness among workers,along with the organization with effective safety and healthmeasures.

3 main principles that had been taken as the foundation in thedrafting of the act :

a) self-regulation,

b) tri-partite consultationc) co-operation.

Reflects many principles stated in a British Report 1972.

History of OSHA in Malaysia


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Occupational Safety and Health Act

1994

Popularly known as the OSHA 1974. -

OSHA 1974gazetted in Feb 1994 based on intensive

study of 1988 -1993 accident statistics

Covers all sectors of the economy

- EXCEPT the armed forces and those on board the

ships(subjected to the Merchant Shipping Ordinance

1952, and Merchant Shipping Ordinance 1960 of Sabah

and Sarawak).

Administered and Enforced by the Department of

Occupational Safety & Health (DOSH)under the

Ministry of Human Resources.


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OSH Legislation in Malaysia

FACTORIES AND MACHINERY ACT (FMA) 1967

PESTICIDES ACT 1974

ATOMIC ENERGY LICENSING ACT 1984

PETROLEUM (SAFETY MEASURES) ACT 1984

OCCUPATIONAL SAFETY AND HEALTH ACT

(OSHA) 1994


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Objectives of OSHA 1994

To ensure the safety, health and welfare of persons at work

against risks to safety and health arising from workplace activities.

To protect non-employees at a workplacefrom risks to safety and

health arising from workplace activities.

To promote an occupational environment at the workplace that is

adapted to their physiological and psychological needs.

To provide means of developing a system of regulations and

industry codes of practiceto maintain/improve OSH standards.


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Philosophy and Guiding Principles

Responsibi l i t ies to ensure safety and heal th at

workp laces l ies w ith those who create the r isk

and w i th those who work w i th the risk .

Employees, workersEmployers, manufacturers,

suppliers

The OSHA 1994 is based on self-regulation.

OSHA 1994 is tripartite - government, employers and

employees work together.


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General Duties of an Employer

Provide and maintain systems of work (machineries, equipment,

tools, and storage & transportation) that are safe and without

health risk.

Provide information, instruction, training and supervision to ensure

that all activities are carried out safely and without health risk.

Provide a safe workplace for both employees and visitors, with

adequate means of access and exit and welfare facilities.

For employers with more than five employees, formulate a written

policy on OSH matters and inform all employees regarding the

policy.

Penalty for failure to comply: RM 50,000 or two years

imprisonment or both.


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General Duties of a Designer / Manufacturer / Importer /

Supplier

To ensure that machineries or substances supplied are safe andwithout health risks when properly used.

To arrange for necessary testing of machineries or substancessupplied.

To provide sufficient information and training to ensure the safe useof machineries or substances supplied.

To carry out necessary research to minimize any risk to safety orhealth that may arise from machineries and substances supplied.

To ensure the safe installation of machineries supplied.

Penalty for failure to comply: RM 20,000 or two years imprisonmentor both.


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General Duties of an Employee

To take care to ensure the safety of yourself and other persons.

To provide full cooperation to the employer and other persons incomplying with the requirements of OSHA 1994.

To wear or use, at all times, any protective equipment or clothingprovided by the employer.

Not to intentionally, recklessly or negligently interfere with or misuseany item provided or activity carried out in the interest of OSH in

pursuance of the OSHA 1994.

Penalty for failure to comply: RM 1,000 or three monthsimprisonment or both.


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In maintaining and safety

and health in workplaces, allparties involved in work

activities must play their

respective parts at all time


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Safety and Health Committee

An employer with 40 or more employees must establish an OSH

committee.

Both management and workers must have adequate and equal

representationin the committee.

The committee provides an avenue for consultation and cooperationbetween management and workers in identifying, assessing and

controlling workplace hazards.

Among the committees functions are

+ reviewOSH measures undertaken;+ inspectthe workplace;

+ investigatepossible hazards, accidents, near-misses;

+ recommendcorrective action.

Penalty for failure to comply: RM 5,000 or six months imprisonment or

both .


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Safety and Health Officer

Employers in certain high-risk industries, with greater than a given number

of employees, must appoint a qualified Safety and Health Officer.

The officer must have completed a training course in OSH and passed all

required examination, have experience in the area of OSH of at least 10 years,and be registered with the Director General of OSH.

Among the officers functions are:

+ prepare & submit monthly reportson OSH matters;

+ act as the secretaryto the safety and health committee;+ advise on and assist inOSH measures to be taken;

+ inspectthe workplace to identify and correct potential hazards;

+ investigatepossible hazards, accidents, near-misses;

+ collect and analyzeOSH statistics.


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Main Contributors to Workplace

Accidents

Lack or no training on the job

Absence of clear safe workingprocedures.

Lack of on-the-job supervision.

Act of negligence on the part of the

workers.

Other factors such as machinerybreakdown, poor plant/machinerymaintenance etc.


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An explosion killed 15 and injured

170 in Texas on March 23, 2005.

On June 8, 2005, a window washer

lost his life after falling from a

four-storey building.

Farming, forestry, horticulture and

associated industries :April 2001 - March 2002

- 41 fatal injuries

OSHA-related accidents


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OSHA-related accidents

Municipal Water-line Inspector Dies After

Entering Oxygen-Deficient Vault in

Missouri.

On September 3, 1992, a 31-year-old

municipally employed inspector climbed

into the eight-foot-deep water

maintenance vault which contains the

water main and an air relief valve. The

victim was overcome by the lack ofoxygen and did not survive.


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OSHArelated accidents :

Lessons learnt

Confined-space atmospheres are dynamicenvironments subjected to unexpectedchanges- the dynamics should be addressed in allwritten, safe work procedures practised

and training of subsequent worker.

A comprehensive confined-space entryprogram to address all provisions outlinedin NIOSH publications 80-106, "Working inConfined Spaces," and 87-113, "A Guide

to Safety in Confined Spaces should bedeveloped and implemented

Municipalities should ensure that police, aswell as fire and rescue personnel, aretrained in confined-space entry and rescue

procedures


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Since OSHA was established in1971, workplace fatalities have beencut in half and injury/illness rateshave declined by 40 percent.

OSHAs commitment to develop and

enforce safety standards.

OSHAs objectives to be met by2008 :

Reducing the occupational deathrate by 15 percent.

Cutting the occupational injuryand illness rate by 20 percent.

Railway:

The years 1993 through 1999 werethe safest years ever in rail history.

OSHA Success stories

3M Canada Plants:91% reduction in volatile organic air

emissions (solvents), 1990-2000

41% reduction in the rate of waste

generated per tonne of manufactured

product, 1990-2000

33% reduction in employee accident

incident rate, 1996-2000

30% reduction in all releases, including

manufacturing scrap, 1990-2000

Intel:

Over the past ten years, employee injury

rates reduced by 75% to world-class

levels.

In the past five years alone, air emission

rates and water usage rates havedropped 50% and 30%, respectively.


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Reference

Occupational Safety and Health Act 1994 (Act

514) & Subsidiary Legislation

International Law Book Services, October 2000

Documents

Lecture 3.1LegislationOSHA