Legal requirements of

Occupational Safety and

Health

Occupational Health EOH3202

Dr. Emilia Zainal Abidin

Environmental & Occupational Health
Faculty of Medicine and Health Sciences
University Putra of Malaysia 1
 Human Right
• The enjoyment of the highest attainable
standard of health is one of the
fundamental rights of every human being
• As defined by WHO

2
Legal standing Act
-General rules
-endorsed by
parliament

Regulation
-Details of act
-endorsed by minister

Industry Code of Practice

-Any code, standard, rule,
Specification related to OSH
-approved by minister

Guidelines
-technical advisory document by
national commission
-Detailed information
-No legal standing
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 Malaysia: Evolution of OH Law
Occupational safety –
Boiler inspector in the 20th century

Early legislation –
Machinery safety
FMA Regulations
1.notifiable
industrial disease
2.lead Factory & Machinery Act 1967
3.asbestos
4.noise
5.mineral dust Employees’ SOCSO
Act 1969

Chemical & safety awareness

increased due to Bhopal 1984 &
bright sparkler incidence 1991
OSHA 1994

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 OH related Law in Malaysia – under the
Ministry of Human Resources

Department of Occupational Social Security Organisation

Safety and health

• Factory and Machinery • Employees’ Social

Act or FMA and Security Act 1969
Regulations
• Occupational Safety and
Health (OSHA) 1994 and
Regulations – could be
downloaded at
http://www.agc.gov.my/Akta/V
ol.%2011/Act%20514.pdf

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 Factory and Machinery Act
1967
• Prescriptive in nature and very specific
• Approach: traditional checklist and
stressing on enforcement
• Coverage: manufacturing, construction,
mining and quarrying work (23% workforce)
• Purpose: prevent occurrence of
occupational accidents and disease at
specified workplaces

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 FMA and Regulations – health
related
• FMA 1967
• Notifiable industrial diseases – in the 3rd
schedule
• Lead regulations 1984
• Asbestos process regulations 1986
• Noise exposure regulations – 1989
• Mineral dust regulations 1989

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 Area covered in FMA
regulations
• Standard
– Action level and Permissible Exposure Limit or PEL
• Control measures
– Engineering, administrative and PPE
• Surveillance
– Exposure monitoring – ambient and biological sampling
– Medical examination – content, frequency, medical removal
• Others
– Record keeping and penalty

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 Example 1: Lead regulation
1984
• Medical surveillance
– Baseline – exposed > action level
– Yearly – blood level > 40 ug/ml
– Content: work/medical history, blood pressure,
neurological exam, investigation (blood lead, hb,
haematocrit, renal profile)
• Medical removal protection
– Blood lead > 80 ug or average 3 blood sampling > 75
ug
– Women of child bearing capacity
– Pregnancy and breast feeding
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 Example 2: Asbestos Process
Regulation 1986
• Surveillance:
– exposure (personal) monitoring – at interval
not longer than 3 months
• Medical exam:
– frequency: pre employment, 2 yearly
– content: history, physical exam, chest x-ray,
lung function test
– Medical removal: early state of asbestos
induced disease
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 Example 3: Noise Exposure
Regulation 1989
• Standard:
– Action level: 85 dB (A)
– PEL
• Continuous >90 dB
• Intermittent at any one time – 115 dB
• Impulsive – 140 dB
• Control measures
– Engineering and administrative
– Training, warning signs
– Hearing protection devices
• Exposure monitoring
– Audiometric test
• Conducted by a competent person
• Standard technique
• Frequency: yearly, or 2 yearly
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OSH Act 1994
• Need for OSH Act
• OSH Act 1994, scope & concept
• 1st schedule
• Objects of OSHAct
• Regulations
• Provisions of OSH
• General Duties of Employers and Self-Employed Persons
• General Duties of Designers, Manufacturers & Suppliers
• General Duties of Employees
• Liability for Offences
• Other provisions of OSH

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 The Need for OSH Act 1994
Enacted on the 25th of Feb, 1994 on the basis of:
• Inadequacy of Factory & Machinery Act 1967 on
factors pertaining to its:
1. Scope
2. Prescriptive on machinery sector
3. Dependency on government for
regulatory processors
• Statistics on occupational accidents was high:
saw the need to reduce rates of accidents
arise
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 Act 514: OSH Act 1994
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
Provisions for:
• Securing the safety, health & welfare of persons
at work
• Protecting others against risk to S&H due to
activities at work
• To establish the National Council for OSH &
other relevant matter
Act is self-regulatory, based on
principles of cooperation and
consultation

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 RESPONSIBILITY –
on the one who
create the risk &
work with the risk

Concept
of
OSHA
CONTROL
1994
MEASURES –
“as best as PLACE OF WORK –
employer premises where
provide” persons work
Depends on or use for storing
severity,
Cost & suitability

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 OSH Act 1994
• Wider scope – covers all workers in all economy
related activities (1st schedule) excluding :

those working on
board ships governed
by Merchant Armed forces
Shipping Ordinance
1952

• Was estimated in 2002, 7 million of working

citizens are protected under OSH 1994 (NIOSH
2002)
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 First Schedule

Transport, storage
Manufacturing &
communication

Mining & Wholesale & retail

quarrying trades

Hotels &
Construction
restaurants

Finance, insurance,
Agriculture,
real estate &
forestry & fishing
business service

Utilities: Electricity, Public services &

gas, water statutory
& sanitary service authorities

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 Objects of OSHA 1994
1. Secure safety, health & welfare of
workers
2. Protect other persons at place of work
(visitor, etc.)
3. Promote occupational environment
adapted to physiological & psychological
need
4. Provide system that is flexible to cater
rapid change

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Act provides for Malaysian Minister to issue regulations to
implement OSHA1994 more precisely
Policy
Statements
(Exception)
1995

CIMAH 1996
NADOOPOD
2004

S&H Committee
USECHH 2000 (>40 workers)
REGULATIONS 1996

Prohibition of CPL
Use of Hazardous
Substance Order Chemicals
1999 1997

S&H Officer
1997

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 Content of OSHA 1994
• National Council for OSH
• Department of Occupational Safety and Health
• General duties of employers and self-employed
• General duties of designers, manufacturers, importers
and suppliers
• General duties of employees
• Safety and health committee at work
• Notification
• Enforcement and investigation

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• Under OSHA, the NATIONAL COUNCIL FOR
OCCUPATIONAL SAFETY AND HEALTH was
established
• Members consist of
- 3 rep from employers organization
- 3 rep from employees organization
- 3 rep from government
- 3 or > rep from professional bodies

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Duties of employer Maintenance of
& self employed Plant & system
persons of
work

Ensure safety
Provide & During
maintain operation,
Safe working Handling,
environment Ensure safety, storage &
health and transport
welfare at
work
- Section 15

Provide & Provide

maintain information
Safe outlet for Instruction,
entering training
& leaving & supervision

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 Section 16, 17 & 18
1. Provide a safety policy (workers >5)
2. Ensuring other persons are not exposed to risk
from activities at the work place
3. Disseminating information on aspects of work
activities that could affect S&H of others
Liable to fine of RM 50k or 2 years of
imprisonment or both when contravene
with section 15, 16, 17 or 18

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 “So Far As Is Practicable….”
• Severity of hazard or risks involved
• Current state of knowledge about the
hazard or risk & means to control it
• Availability of suitable means to eliminate
or reduce the hazard or risk
• Cost that is involved

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 Duties of Designers, Manufacturers &
Suppliers – Section 20
1. Ensuring design & construction of plant
is safe
2. Carry out tests for the above purpose
3. Disseminate information on the use of
plant
Penalty : RM 20k or 2 years of
imprisonment or both

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 General Duties of Employees –
Section 24
• Take reasonable care for S&H of himself & other
persons
• Co-operate with employer in regards to adhering
to this act
• Wear provided PPEs
• Comply with instruction instituted by employer
on OSH
Penalty : RM 1k or 3 months
imprisonment or both

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Other Provisions S&H
Organization
of OSHA
Notification
Regulations of
Accidents …

Prohibition
Appeals
OSHA against
Use of plant
1994 or substance

Industry
Liability for
codes
offences
of practice
Enforcement
&
investigation
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“There are two kinds of people, those
who do the work and those who take
the credit.
Try to be in the first group; there is a
lot less competition there”
-Indira Gandhi
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 Thank you!

Questions?

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Guidelines under OSHA 1994
 Guidelines for Public Safety and Health at Construction Site 1994
 Guidelines on Occupational Safety and Health in the Office 1996
 Guidelines on First-Aid Facilities in the Workplace 1996
 Examination Syllabus for Engineer's Certificate of Competency (Steam
and Internal Combustion Engines) Examination 1996
 Guidelines on Method of Sampling and Analysis for Airborne Lead
1997
 Guidelines for the Formulation of a Chemical Safety Datasheet 1997
 Guidelines for the Classification of Hazardous Chemicals 1997
 Guidelines for Labelling of Hazardous Chemicals 1997
 Guidelines on Occupational Safety and Health in Tunnel Construction
1998

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Guidelines under OSHA 1994
 Garispanduan Pendaftaran Tenaga Pengajar dan Pengendalian
Kursus Induksi Keselamatan dan Kesihatan Pekerja Sektor
Binaan 2000
 Guidelines for the Registration of Assessors, Hygiene Technician
and Occupational Health Doctor 2000
 Guidelines for the Preparation of a Chemical Register 2000
 Guidelines on Trenching for Construction Safety 2000
 Assessment of the Health Arising from Use of Hazardous
Chemical in the Workplace (2nd Edition) 2000
 Guidelines on the Control of Chemicals Hazardous to Health
2001
 Guidelines on Medical Surveillance 2001
 Garispanduan Penyediaan Dokumen Demonstrasi Operasi
Selamat (Am) 2001
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Guidelines under OSHA 1994 cont.
 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Penstoran
Gas Petroleum Cecair Di Dalam Selinder) 2001
 Panduan Bagi Pencegahan Tekanan Dan Keganasan Di Tempat Kerja 2001
 Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous
To Health 2002
 Guidelines on Occupational Safety and Health for Standing at Work 2002
 Guidelines on Reproductive Health Policy & Programmes at the Workplace
2002
 Guidelines on Occupational Safety and Health in Agriculture 2002
 Guidelines on Occupational Vibration 2003
 Guidelines on Occupational Safety and Health for Seating at Work 2003
 Garispanduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan
dan Kesihatan 2003

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Guidelines under OSHA 1994 cont.
 Guidelines on Occupational Safety and Health in Fishing and
Aquaculture Operation 2003
 Guidelines on Gender Issues in Occupational Safety and Health
2003
 Guidelines on Occupational Safety and Health for Working with
Video Display Unit (VDU’s) 2003
 Guidelines on Occupational Safety and Health In Logging
Operations 2004
 Guidelines on Preventing and Responding to Drugs and Alcohol
Problems In The Workplace 2004
 Guidelines on Occupational Safety and Health In Service Sector
2004
 Guidelines on First-Aid in the Workplace (2nd Edition) 2004
 Guidelines on Occupational Health Services 2005
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