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.