School of Architecture, Building & Design

Occupational Safety and Health Management (MGT 61003)

Individual Assignment

Student Name: Lee Shze Hwa

Student ID No: 0320053

Lecturer: Sr. Tan Hee Chai

Date of Submission: 1st Dec 2016

Word Count: 1426 words

Question 1

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School of Architecture, Building & Design

Under section 16 of the OSHA 1994, stated that the employers or self-employed persons should be responsible to their duty by formulating a safety and health policy at the working area which can helps to provide a reasonable protection to all employee. According to the OSHA clauses, all Malaysian employers or self-employees should first formulate a safety policy statement. A safety policy statement is required to answer the question of who, what, when and how.1 It means the safety policy should include the responsible person, the things that the responsible person need to do, when is the safety policy implement and how to implement it. For the reason of make the statement become effective, it must involve a senior management to prepare it, include a predictable way to enforce it, fit to the real needs of the workplace and put it as important as others policy. The policy statement should be always revise appropriately and keep updated to employees. Next, employers are required to convey the statement in written form. The written statement must be printed out and distribute to every employees and locate it at strategic workplace which is clearly seen by employees.2 The most important part is to enforce the policy. Employers have to plan several ways to implement the policy and ensure their employees are secured from the risk. The employees also have to be notify and communicated about the policy statement.3

Example of safety policy statement

The employer and senior management should organise and arrange several activities to enforce the policy statement. Firstly, the employer and senior management can provide sufficient training and information for new workers or workers that have to perform a new task to ensure each individual are understand the hazards working in construction site and able to protect themselves from the hazards. Besides, locate the sign board to highlight the risks and ensure the sign boards are clearly seen by employees. Moreover, hire a qualify and responsible supervisor who helps to take care of every employee’s health and safety. The supervisor should take precaution to ensure all work are done in safe condition, give clear and correct instructions and ensure all employee understand about the company’s policy statement.4

1"Write A Health And Safety Policy For Your Business". Hse.gov.uk. N.p., 2016. Web. 1 Dec. 2016. Website: http://www.hse.gov.uk/simple-health-safety/write.htm

2 "OSHA 1994". Dynamicconceptjb.com. N.p., 2016. Web. 1 Dec. 2016. Website: http://dynamicconceptjb.com/OSHA1994.HTM3"Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website: http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-and-health-act-1994-act-514/file4 "Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016. Website: http://www.hse.gov.uk/toolbox/managing/writing.htm

Supervisor also have to maintain and provide a safety machinery, equipment and plant and ensure employees know how to operate it with a correct way. This can help to reduce the

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Employers and senior management will provide a minimum risk, injury and disease occurrence workplace by engaging with employee’s health and safety conditions every day.

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risks and avoid accident occur. Furthermore, the storage room which place chemicals and harmful staff should always be lock and require permission for workers to enter. Next, ensure the workers wearing in a safety attire which provided by the employers. For example, safety boots, helmets, high visibility clothing, masks, proper gloves, googles and more. Risk and injury can reduce by improve lighting at the site, avoid wet flooring, take risk assessment and ensure electrical safety. To prevent disease, supervisor should consult worker’s health and always maintain the cleanliness of the site and the place their live.5

Revise the policy appropriately after the implement the policy. The employers and senior management can revise the policy though the active and reaction monitoring. Active monitoring is gain the feedback of the implementation of policy. It can identify the effectiveness and legality of the implementation, workability of the safety system and fulfilment to the requirements. While for reaction monitoring, it refers to RIDDOR. Which means all injuries, disease and dangerous occur should be reported without delay.With active and reaction monitoring, employers can revise the policy and ensure knowledge the employees to keep them up to date.6

The case law for this section is Osborne v Bill Taylor of Huyton Ltd [1982] ICR 168. The appellant had opened thirty-one betting shops. All the shops had recruited less than five employees. The appellant was prosecuted due to the reason of fail to formulate a safety policy statement as the exception of reg.2 of the Employer’s Health and Safety Policy Statements (Exception) Regulations 1975 cannot be applied. On appeal, Ormrod LJ argued that the employers operating thirty-one separate businesses instead of single undertaking in thirty-one shops. Therefore, exception of reg. 2 should be able to apply. There were five employees recruited, two of them were relief staff and another three employees were present at any one time. In this situation, the words “for the time being” in reg. 2 read as meaning of “at any one time”. It means the undertaking had recruit less than five employees at any one time. Conclusion, the appeal was successful as exception applied.7

265 386 383 392

5"Construction Site Safety Guide | Rules, Regulations & Resources". Buildingsguide.com. N.p., 2016. Web. 1 Dec. 2016. Website:http://www.buildingsguide.com/blog/construction-site-safety-guide6 "Reporting Of Injuries, Diseases And Dangerous Occurrences (RIDDOR)". Midsuffolk.gov.uk. N.p., 2016. Web. 1 Dec. 2016. Website:http://www.midsuffolk.gov.uk/business/environmental-health/health-and-safety-at-work/reporting-of-injuries-diseases-and-dangerous-occurrences-riddor/7 "Health & Safety Policy | Workplace Policy Advice | Healthy Working Lives". Healthyworkinglives.com. N.p., 2016. Web. 1 Dec. 2016. Website: http://www.healthyworkinglives.com/advice/Legislation-and-policy/Workplace-Health-and-Safety/health-safety-policy

Question 2

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Section 24 (1) OSHA 1994 is explain about the employees should take responsibility to ensure the health and safety of himself and also others who may affected by his actions in the working area. Employees should cooperate with their employers in order to comply the Act and prevent conviction from the court.

In section 24 (1) (a), it stated that all employees should take their responsibility to take care of themselves from hazards and injury. At the same time, employees should be also responsible to prevent creating any impact to other’s health and safety who directly affected by their act or negligence. For example, a worker accidently pushes an equipment and the equipment flow down from level 9, unfortunately the equipment hit another worker at the ground floor and cause injury to his shoulder. In this case, the injured worker can sue the worker for penalty or conviction the worker for serious injury due to the worker’s omission. Reasonable care can also be discharge according to status of the employee. For example, a worker was assigned to conduct a specific task which the worker has not enough experience and it cause accident. In this situation, the inexperienced worker is liable for intentional dangerous activity and the senior manager will be also liable for professional judgement because the training provided to the worker is insufficient and real practise is not enough under monitoring.9

In section 24 (1) (b), it stated that all employees should work together with their employers to ensure themselves and others who may affected by their actions always in a health and safety workplace. If the employers enforce the code of practice on prevention of drug abuse, alcohol and substance in workplace, but some employees still take alcohol at workplace. They may cause accident occur on the workplace. Hence, they will be considered as non-cooperative.10

In section 24 (1) (c), it explained about the employees should wear a safety attire and use protective equipment which provided by employers to protect themselves from risk. Employees should wear according to the training that provided by employers. For example, employees are responsible to wear in safety attire by wearing helmet, safety boots and special gloves when conducting an electrical work. Any problem like have not suitable size or spoil helmet should report to the employers.

9 Chubb,. "Occupational Safety and Health Act (OSHA)". Slideshare.net. N.p., 2016. Web. 1 Dec. 2016.Website: http://www.slideshare.net/waklou/occupational-safety-and-health-act-osha

10Wahab, Norazira. "Website Department of Occupational Safety And Health Malaysia - Implementation Of Code Of Practice On Prevention And Eradication Of Drug Abuse, Alcohol And Substance In The Workplace". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website: http://www.dosh.gov.my/index.php/en/osh-info-2/occupational-health/395-implementation-of-code-of-practice-on-prevention-and-eradication-of-drug-abuse-alcohol-and-substance-in-the-workplace

In section 24 (1) (d), it stated that all employees should follow the rules and regulation and the instruction on the occupational safety and health which established by their employers. For example, safe operating procedure and safety precautions. The safety system which

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produced by employers had went through deep considerations in order to organize a safety workplace under the strict management which able to reduce the risk and injury and maintain the cleanliness and tidiness of the workplace.

In section 24 (2), it discussed about the penalty for the employees who fail to comply the provisions of this section. The employees should feel guilty for their violation of this section. They will be liable to pay a fine which is not exceeding one thousand ringgits when conviction. For some serious cases, imprisonment for a term of not exceeding three months. They can be penalizing on both depends on the cases.

The case law for this section is Hamzah D494 & Ors v Wan Hanafi bin Wan Ali [1975] 1 MLJ 203. This case law had sufficiently showed an employer take his/her reasonable care to their employees by preventing any injury, loss and risk. The employees are not as a rule required to guard against every conceivable result of their actions and they bound to practise scientific care or take extra precaution to avoid accident or injury happened. The employees always considered about the cost and difficulties of the precautions. Besides, the employees were also understood about the impact that cause by injury. They were in general entitled to assume others will follow the statutory regulations.11

11"Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website:http://www.dosh.gov.my/index.php/en/legislation/guidelines/general/598-05-guidelines-on-occupational-safety-and-health-act-1994-act-514-2006/file

References

"The Employers' Health And Safety Policy Statements (Exception) Regulations 1975". Legislation.gov.uk. N.p., 2016. Web. 1 Dec. 2016.Website: http://www.legislation.gov.uk/uksi/1975/1584/regulation/2/made

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Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website: http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-and-health-act-1994-act-514/file

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School of Architecture, Building & Design

Cite A Website - Cite This For Me". Dosh.gov.my. N.p., 2016. Web. 1 Dec. 2016.Website: http://www.dosh.gov.my/index.php/en/list-of-documents/acts/23-02-occupational-safety-and-health-act-1994-act-514/file

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