OCCUPATIONAL SAFETY AND

HEALTH (OSHA) ACT 1994 AND

RELATED REGULATION

BY
DR GUNASUNDERI RAJU
MRSC (UK), AMIC ( M’SIA )
16TH NOVEMBER 2019
DEWAN KULIAH X, USM
THE NEED WORK– RELATED INJURIES AND
DISEASES :

• 270 million accidents

• 2 million work-related deaths

• 160 million work-related diseases

• 4% of gross domestic product is lost

Accidents
are just the
tip of the
iceberg…

. . . .Potential
ones are those
hidden in the
murky lights of
the future.
 ACCIDENTS AS REPORTED BY SOCSO 1992 - 2006
160,000
140,000 98
2
,5
49
2, 4 08
120,000 1 3 13 5 ,5
23
1
12 17, 41
8
100,000 1 8,
1 0
74 06
09 89 ,0 ,0 26
,4 ,3 92 95
80,000 8 9 8 8
85
,9

60,000
40,000
20,000 No. Of Accidents
0

92 993 994 995 996 997 998 999 000 001

19 1 1 1 1 1 1 1 2 2

4
 NO OF FATAL AND ACCIDENTS REPORTED TO
SOCSO 2014 - 2017

Notes:
1.Occupational accident rate per 1,000 workers
2.Occupational fatality rate per 100,000 workers

5
According to the International
Labor Organization,

 Every 15 seconds, a
worker dies from a work-
related accident or
disease.

 Every 15 seconds, 153

workers have a work-
related accident.

6
 EMERGENCE OF SAFETY
MANAGEMENT SYSTEM

Current development of Occupational Safety And Health

management system was driven by two parallel forces:

• Self-regulatory legislation in the United Kingdom

(1974),

• Quality management movement

 A SELF-REGULATION
LEGISLATION
• Lord Robens, Chairman of a Royal Safety
Commission Report noted that:
 there was too many OSH legislation,
 was fragmented,
 limited in coverage (specific hazards & workplace),
 out of date and difficult to update,
 inflexible (prescriptive),
 people thought that safety was what government
inspectors enforced.

• Lord Robens recommended : Self regulation

 A SELF-REGULATION
LEGISLATION
• Report resulted in the Health and Safety of Workers At
Work Act in the UK in 1974

• Enacted in Malaysia in 1994 after the 1992 Bright

Sparkler accident in Sungai Buloh
BRIGHT SPARKLERS FIREWORKS
1991

• Factory caught fire in Sg.

Buloh
• Huge explosion
• 26 died and over 100 injured
 HISTORY OF OSH LEGISLATION IN
MALAYSIA
• The Selangor Boiler Enactment 1892
• The Perak Boiler Enactment 1903
• The Pahang Boiler Enactment 1908
• The Negeri Sembilan Boiler Enactment 1908
• Federal Machinery Enactment 1913
• Machinery Ordinance 1953
• Factories and Machinery Act 1967 (FMA 1967)
• Occupational Safety and Health Act 1994 (OSHA 1994)
HIRACHCY OF LEGISLATION
 OBJECTIVE OF THE OSHA 1994

• To ensure the safety, health and welfare of the people at

work

• To protect others against risks to safety or health in

connecting with the activities of persons at work

• To promote an occupational environment for persons at

work which is adapted to their physiological and
psychological needs.

• To provide the means towards a system of regulations

and approved industry codes of practice
 A COMPREHENSIVE ACT
• Integrates the legal system in the country
regarding OSH issues
• Act provides the Legislative Framework to
promote, stimulate and encourage High
Standards of H & S at work (superimposed
over existing S & H legislation )
• Effective 24 February 1994
 CONCEPT OF OSHA 1994

• Accident prevention is an essential part of good management and

workmanship
• Management and workers must cooperate
• Top management must take the lead
• A define and known safety and health policy
• Organization and resources to achieve policy
• Best available knowledge and methods
 OCCUPATIONAL SAFETY &
HEALTH ACT 1994 (OSHA)

• Not applicable to work on board ships governed by the

Merchant Shipping Ordinance 1952, the Merchant
Shipping Ordinance 1960 of Sabah and Sarawak
• Not applicable to armed forces
• This Law is in addition to previous law pertaining to
occupational safety and health. If there is any conflict,
this Law shall supersede the previous law.
 FMA 1967 VS OSHA 1994
FMA 1967 OSHA 1994
Only cover OSH in the Cover all economic activities &
manufacturing, mining, quarrying, government except armed forces &
Scope works of engineering and seafarers
construction Cover 90% of the man power
Cover 24 % of the man power
- Prescriptive - self regulation
- Too dependent on government - supported by code of practices,
- Concern for inspection by guidelines etc
Approach regulation authorities - tripartite responsibilities
- worker cooperation &
participation

- focus on control of factories & - to safeguard, health & welfare of

machinery employees & those at the place
Objective - registration & inspection of of work for example visitors,
machines contractors etc
- less provision for health
FMA 1967 VS OSHA 1994
 OSHA 1994: CONTENTS

• Act consists of 15 Parts 67 sections

• 3 Schedules
 1st Schedule [Subsection 1 (2) ]
 2nd Schedule [ Section 10 ]
 3 rd Schedule [Paragraph 28 (1)(d)]

• 7 Regulations

• 2 Orders
 OSHA 1994: CONTENTS

• The 15 Parts of OSHA 1994:

1. Preliminary
2. Appointment of Officers
3. National Council for OSH
4. General Duties of Employers and Self-Employed
Persons
5. General Duties of Designers, Manufacturers and
Suppliers
6. General Duties of Employees
7. Safety and Health Organizations
 OSHA 1994: CONTENTS

Continue …..
8. Notification of Accidents, Dangerous Occurrence, Occupational
Poisoning and Occupational Diseases and Inquiry
9. Prohibition Against Use of Plant or Substance
10. Industry Codes of Practice
11. Enforcement and Investigation
12. Liability for Offences
13. Appeals
14. Regulations
15. Miscellaneous
 OSHA 1994: REGULATIONS
AND ORDERS
REGULATIONS
1. Occupational Safety and Health (Employers’ Safety and
Health General Policy Statements (Exception)
Regulations 1995
2. Occupational Safety and Health (Control of Industrial
Major Accident Hazards) Regulations 1996
3. Occupational Safety and Health (Safety and Health
Committee) Regulations 1996
4. Occupational Safety and Health (Safety and Health
Officer) Regulations 1997
 OSHA 1994: REGULATIONS
AND ORDERS
5. Occupational Safety and Health (Use and Standards
of Exposure of Chemicals Hazardous to Health)
Regulations 2000
6. Occupational Safety and Health (Notification of
Accidents, Dangerous Occurrence, Occupational
Poisoning and Occupational Diseases) Regulations
2004
7. Occupational Safety and Health (Classification,
Labeling and Safety Data Sheet of Hazardous
Chemicals) Regulations 2013
 OSHA 1994: REGULATIONS
AND ORDERS
• Orders
1. Occupational Safety and Health (Safety and
Health Officer) Order 1997
2. Occupational Safety and Health (Prohibition of
Use of Substances) Order 1999
 PHILOSOPHY AND PRINCIPLES

“Responsibilities to ensure the safety and health

at the workplace lies with those who create the
risk and with those work with the risk”
 PART I: PRELIMINARY

Section 1(2)&(3) - SHORT TITLE & APPLICATION

• Persons at work
• In all sectors of the economy as in the First Schedule
including public services and authoritative bodies
• Exceptions: work on board ships govern by the Merchant
Shipping Ordinance 1952 (Semenanjung), the Merchant
Shipping Ordinance 1960
 Scope of OSHA 1994
(First Schedule)

 Manufacturing
 Mining & quarrying
 Construction
 Agriculture
 Forestry & fishing
 Utilities
 Transport, storage & communication
 Wholesale & retail trades
 Hotels & restaurants
 Public services & statutory authorities
 Finance, insurance, real estate and business services
 PART I: PRELIMINARY

Section 2 - PREVAILING LAWS

• Additional provisions to any other written law related to
OSH
• The OSHA provisions will supersede any conflict or
inconsistencies with other written law
 PART I: PRELIMINARY

Section 3 - INTERPRETATION
• Industry
• Plant
• Employer
• Place of work
• Premise
 PART I: PRELIMINARY

Section 4 - OBJECTIVES OF THE ACT Industry

a) The objects of this Act are—

b) to secure the safety, health and welfare of persons at work against risks to
safety or health arising out of the activities of persons at work;
c) to protect persons at a place of work other than persons at work against risks
to safety or health arising out of the activities of persons at work;
d) to promote an occupational environment for persons at work which is adapted
to their physiological and psychological needs;

e) to provide the means whereby the associated occupational safety and health
legislations may be progressively replaced by a system of regulations and
approved industry codes of practice operating in combination with the
provisions of this Act designed to maintain or improve the standards of safety
and health.
 PART II: APPOINTMENT OF
OFFICERS
Section 5
• Appointment of public officer by Minister
• Appointment of an independent inspecting body by
Director General
• Certification of authorisation
PART III: NATIONAL COUNCIL
FOR OSH
Section 9
• Membership – between 12 – 15 persons
• Appointed by Minister
• Shall have power to do all things expedient or reasonably
necessary for carrying out the objectives of the Act
 PART III: NATIONAL COUNCIL
FOR OSH
FUNCTIONS
• TO STUDY AND REVIEW:
 OSH Legislations
 Improvement of the administration and enforcement of OSH legislations
 Fostering of a co-operative consultative relationship between management
and labor

• Specific OSH problems and issues related to women and disabled

employees as well as other members of the community
• •Establishment of adequate methods of control of industrial chemicals
• •Statistical analysis of occupationally related deaths and injuries
 PART III: NATIONAL COUNCIL
FOR OSH
• Provisions of health care facilities
• Development of rehabilitation plans and facilities and
adoption by law of industry codes of practice
• Development of plans and facilities for disabled
employees
• Chairman of Appeal Committee
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS
Section 15 - So far as is practicable
1. Ensure the safety, health and welfare of all workers
while at work
2. This includes:
a) To provide and maintenance of safe plants and safe systems of
work
b) Making arrangements for the safe use or operation,
handling, storage and transportation of the plant and
substances
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS
c) To provide of information, instruction, training and
supervision
d) To provide and maintain safe workplace and safe access
egress
e) To provide and maintain safe working environment with
adequate welfare facilities
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS

MAINTENANCE
• •Should take into consideration:
• A system of regular inspection of machinery
/equipments to identify and report defects to the
person in-charge
• Improvement/upgrading works by repair or by
replacement
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS

SAFE SYSTEM OF WORK

• Safe premises and plant
• Effective preventive maintenance
• Adequate lighting and ventilation
• Selection, instruction and training for workers
• Compentent supervision and enforcement of rules and
regulations
• Additional protection for disabled persons
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS
SAFETY AND HEALTH ARRANGEMENTS
• Provision of proper personal protective equipment
and tools
• Safe handling arrangements taking into account:
 Weight overloads
 Enclosure of dangerous substances
 Protection from hazardous contaminations
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS

SAFETY AND HEALTH ARRANGEMENTS

• Safe and adequate storage facilities
• Safe transportation arrangements
 Load is secured and stable
 Load is packaged safely
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS
OTHER DUTIES
• Formulate a written Safety and Health policy Section 16
• Conduct undertaking in such manner not to affect
other persons (not his employee) including the public
Section 17(1)
• Provide information to persons on way his
undertaking may affect them Section 17(2)
 PART IV: GENERAL DUTIES OF
EMPLOYERS AND SELF-
EMPLOYED PERSONS
IMPORTANCE OF A SAFETY AND HEALTH POLICY
• Long term objective
• Continuous commitment at all levels of management
• Delegation of tasks at lower management levels
STATEMENT OF INTENT
• Safety must be given priority in all daily work activities
• Safety is to be integrated into all daily work activities
• Safety of workers and others (visitors, guests, outsiders) are of outmost
priority
• The company will do anything in its power to avoid and prevent accidents
 PART V: GENERAL DUTIES OF
DESIGNERS, MANUFACTURERS
AND SUPPLIERS
Section 21: Plant & Substances for Use at Work
• So far as is practicable
 To ensure substance is safe and without risk to health
when properly used
 Arrange for testing and examination
 Provide adequate information
 PART VI: GENERAL DUTIES OF
EMPLOYEES
Section 24 General duties of employees at work.
It shall be the duty of every employee while at work-

(a) to take reasonable care for the safety and health of himself and of other persons who
may be affected by his acts or omissions at work;
(b) to co-operate with his employer or any other person in the discharge of any duty or
requirement imposed on the employer or that other person by this Act or any regulation
made thereunder;
(c) to wear or use at all times any protective equipment or clothing provided by the
employer for the purpose of preventing risks to his safety and health; and
(d) to comply with any instruction or measure on occupational safety and health instituted
by his employer or any other person by or under this Act or any regulation made
thereunder.
 PART VI: GENERAL DUTIES OF
EMPLOYEES
Section 25
A person:
• May not intentionally, recklessly or negligently interfere or misuse
anything provided or done in the interests of safety, health and welfare in
pursuance of the Act

Section 26
• The employer shall not charge employees for things done or provided

Section 27
• Employer/ trade union shall not discriminate (dismiss, injure employment
or change position of any employee)
 PART VII: SAFETY & HEALTH
ORGANISATIONS
Section 28 Medical Surveillance
• The Minister may issue additional Regulations under certain
circumstances such as:
 Cases of diseases
 Use of hazardous processes or substances
 Workers below 16 years of age
 Work involves specific risks to health
• Detailed regulations for medical surveillance not inclusive of medical
treatment
• Registration of a Medical Officer
 PART VII: SAFETY & HEALTH
ORGANISATIONS
Section 29 Safety an Health Officer
• Duties of occupier to employed SHO
• Specific industries gazette (SHO Order)
• Specific responsibilities to ensure compliance to the Act and
promotion of safe work
• Qualification and training requirements
 PART VII: SAFETY & HEALTH
ORGANISATIONS
Section 30 Safety and Health Committee
(1)To be established if:
 There are 40 or more workers
 Directed by Director General
(2) Membership, selection and appointment as prescribed in regulation
(3) Consultation with employer
 OSHA 1994 Requirement

• If >5 employees – Safety & Health Policy

For all • ≥40 employees – Safety & Health Policy + Health
industries Committee

• >100 Employees (Order 1997) - Safety & Health Policy +

For high Safety & Health Committee + a Certified Safety & Health
risk Officer
industries

• >500 Employees (Order 1997) - Safety & Health Policy +

Safety & Health Committee + a Certified Safety & Health
For low risk
industries Officer
 PART VII: SAFETY & HEALTH
ORGANISATIONS
Section 31 Safety and Health Committee Function
• To review all safety and health measures that have been
taken
• Investigate issues concerning occupational safety and
health and bring to attention of employer
• Other functions may be determined
 PART VIII: NOTIFICATION OF
ACCIDENTS, DANGEROUS
OCCURRENCE, OCCUPATIONAL
POISONING & DISEASES & INQUIRY
Section 32
• Employers shall notify the nearest Department of Safety
and Health office (DOSH)
• Registered Medical Practitioners should report to the
Director General of any of the diseases listed in the Third
Schedule of FMA 1967 or occupational poisoning
 PART IX: PROHIBITION AGAINST
USE OF PLANT OR SUBSTANCE

Section 35
• Director General may by order published in the Gazette prohibit the use of
any plant or substance which in his opinion is likely to affect the safety and
health of persons and work.
• Obtain advice and recommendations from relevant government
departments before issuing an order.
Section 36
• Aggrieved person may appeal
A person who is aggrieved by this order may, within thirty days of the order,
lodge an appeal with the secretary to the Council who shall transmit the
appeal to an appeal committee appointed by the Minister.
 PART X: INDUSTRY CODES OF
PRACTICE

Section 37
• Approved by the Minister
• May be amended
• Includes codes, standards, rule, specification or requirements
related to safety and health
Section 38
• May be used in court proceedings
 PART XI: ENFORCEMENT &
INVESTIGATION
Section 39
• Director General
• Occupational Safety and Health Officer
• Certificate of Authorisation
• Power to enter, inspect, enquire and take samples and other
Section 48
• •Power of Officer to issue Notice of Prohibition and Improvement
 PART XI: ENFORCEMENT &
INVESTIGATION

Offences in relation to inspection

A person who :-
• refuses access to a place of work to an officer or a person assisting him
• obstructs the officer, or induces or attempts to induce any other person to do so;
• fails to produce any document required under this Act by the officer;
• conceals the location or existence of any other person or any plant or substance
from the officer;
• prevents or attempts to prevent any other person from assisting the officer; or
• hinders, impedes or opposes the officer in the exercise of his powers under this
Act or any regulation made there under,
On conviction, be liable to a fine not exceeding RM10,000 or to imprisonment not
exceeding one year or both.
 PART XII: LIABILITY FOR
OFFENCES
Who may be charged?
• Section 52 Body corporate including Company Directors,
Directors, Managers, Secretary and others
• Section 53 Trade unions
• Section 54 Agents
• Section 55
• Defence in Proceedings
• No knowledge of the offence
• Conducted without consent/connivance
• Efforts have been taken to avoid any offence
PENALTIES
PENALTIES
PENALTIES
PENALTIES
 PART XIII: APPEALS

Section 63
• Appeal Committee is appointed by Minister
• Chairman – National OSH Council member
• Two other persons
• Appeals on Section 36 or 50
 PART XIV: REGULATIONS

Section 66
• Ministers has the authority to make Regulations
• Objective to control and prohibit
 Example: Manufacturing, supplying or use of plant or
substances
 Ensure the adequacy of welfare equipment
 PART XV MISCELLANEOUS

Section 67
• Duty to keep secret
• A person may not disclose trade secrets (manufacturing or
commercial) which has come to his knowledge while at
work
 OSH (CONTROL OF INDUSTRIAL
MAJOR ACCIDENT HAZARDS)
REGULATIONS 1996- CIMAH

• Part 1: Preliminary
• Part 2: Identification and notification of an industry activities
• Part 3: Demonstration of safe operation for non-major
hazard installation
• Part 4: Report on industrial activity and preparation of
emergency plan for major hazard installation
• Part 5: Notification of major accident
• Part 6: Penalty
 OSH (SAFETY AND HEALTH
COMMITTEE) REGULATIONS 1996-
SHC

• Part 1: Preliminary
• Part 2: Composition of safety and health committee
• Part 3: Functions of safety and health committee
• Part 4: Meetings of safety and health committee
• Part 5: Provisions of training and information
• Part 6: Penalty
 OCCUPATIONAL SAFETY AND HEALTH
(CLASSIFICATION, LABELING AND
SAFETY DATA SHEET OF HAZARDOUS
CHEMICALS) REGULATIONS 2013
1. Citation and commencement
2. Interpretation
3. Application
4. Duty of supplier to classify
5. Packaging requirements
6. Seal of package
7. Labeling
8. Dimension of label
9. Duty of supplier to furnish Chemical Safety Data Sheet
10. Confidential information on chemical
OSH (SAFETY AND HEALTH OFFICER)
REGULATIONS 1997

• Part 1: Preliminary
• Part 2: Registration of a safety and health officer
• Part 3: Notification of a safety and health officer
• Part 4: Duties of an employer
• Part 5: Duties of safety and health officer
• Part 6: Miscellaneous
OSH(SAFETY AND HEALTH OFFICER)
ORDER 1997

• Citation and commencement

• Interpretation
• Class or description of industries required to
employ safety and health officer
 OSH (PROHIBITION OF USE OF
SUBSTANCE) ORDER 1999
• Citation and commencement
• Prohibition of use of substance
4-aminodiphenyl; Manufacture and use for all purposes To prevent cancer
benzidine;2-naphthylamine; including any manufacturing process
4-nitrodiphenyl; their salt & in which a substance described in
substance exceeding 0.1% column (1) is formed, except for
research or analytical purposes
White phosphorus Use in the manufacture of matches Chronic phosphorus
poisoning (osteomyalitis of
the jaw bone)
Benzene Cleaning and degreasing purposes Human carcinogen

Carbon disulphide; carbon Cleaning and degreasing purposes Damage to nervous

tetrachloride and n-hexane system
Liver or kidney nacrosis
Damage to paripheral
nerves
Crocidolite All purposes except for research or Lung cancer and
analytical purposes mesotheliomas
OSH (USE & STANDARDS OF EXPOSURE OF
CHEMICALS HAZARDOUS TO HEALTH)
REGULATIONS 2000

• Part 1: Preliminary
• Part 2: Identification of chemical hazardous to health
• Part 3: Permissible exposure limit
• Part 4:Assessment of risk to health
• Part 5:Action to control exposure
• Part 6: Labeling and Re labeling
 OSH (USE & STANDARDS OF EXPOSURE OF
CHEMICALS HAZARDOUS TO HEALTH)
REGULATIONS 2000

• Part 7: Information, instruction and training

• Part 8: Monitoring of exposure at the place of work
• Part 9: Health Surveillance
• Part 10: Medical removal protection
• Part 11: Warning sign
• Part 12: record keeping
OSH (NOTIFICATION OF ACCIDENT, DANGEROUS
OCCURRENCE, OCCUPATIONAL POISONING
AND OCCUPATIONAL DISEASE) REGULATIONS
2004
• Part 1: Preliminary
• Part 2: Notification and reporting of a accident, dangerous
occurance, occupational poisoning and occupational disease
• Part 3: No interference at accident or dangerous occurrence
scene
• Part 4 : Maintenance of all records of a accident, dangerous
occurance, occupational poisoning and occupational disease
• Part 5: Miscellaneous
 MORE INFORMATION

Ministry of Human Resources

Department of Occupational Safety and Health

(DOSH)
http://dosh.mohr.gov.my
 FUNCTIONS OF THE DOSH

1. To study and review the policies and legislations of

occupational safety and health.
2. To enforce the following legislations :
a) Occupational Safety and Health Act 1994 and its
regulations
b) Factories and Machinery Act 1967 and its regulations.
c) Part of Petroleum Act 1984 (Safety Measures) and its
regulations.
3. To conduct research and technical analysis on issues
related to occupational safety and health at the
workplace
 FUNCTIONS OF THE DOSH

3. To conduct research and technical analysis on issues related to

occupational safety and health at the workplace

4. To carry out promotional and publicity programs to employers,

workers and the general public to foster and increase the
awareness of occupational safety and health

5. To provide advisory service and information to government and

private agencies pertaining to management and technical
aspects of occupational safety and health

6. To become a secretariat for the National Council regarding

occupational safety and health
OSH RELATED LAWS AND
REGULATIONS
OSH RELATED LAWS AND
REGULATIONS
OSH RELATED LAWS AND
REGULATIONS
OSH RELATED LAWS AND
REGULATIONS
 DEFINITION

HAZARD
Something (workplace, equiptment / material, behavior,
process/job method) that is able to cause harm (injury or
occupational disease, damage to property, environment, etc)

RISK
Probability of the Hazard Occurring and the damage actually
happen.
 DEFINITION

KESELAMATAN

SAFETY SECURITY
 DEFINITION

SAFETY : Freedom from danger or risk ( Oxford )

Security :
Free from or not expose to danger, safe ( Collins )
State of protection against dangers, losses, or risks
 DEFINITION

In fact the Collins Dictionary also define security as ‘State

of Safety ”
Safety and Security are actually synonymous
Safety and Security should always be in HARMONY
THANK YOU