1. 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
Laws and regulations related to OSH are quite extensive
OSH performances are always monitored & plans are formulated to keep improving OSH standards
Protection of S&H of workers is essential element in achieving decent working condition for all, more so in the current context of globalization of the world's economies
OSH is therefore is the major and positive factor in favor of economic growth and productivity

2. 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

3. 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

4. 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
3.asbestos
4.noise
5.mineral dust
Factory & Machinery Act 1967
Employees’ SOCSO
Act 1969
Occupational safety – boiler surveyor during the 20th century
Early legislation was more machinery safety
Factory and Machinery Act 1967 and Regulations
Bhopal chemical disaster (1984) and Bright Sparkler’s incident in 1991 – increased chemical safety awareness
Occupational Safety and Health Act 1994 – wider scope of activities and jurisdiction
Chemical & safety awareness
increased due to Bhopal &
bright sparkler incidence 1991
OSHA 1994

5. OH related Law in Malaysia – under the Ministry of Human Resources
Social Security Organisation
Department of Occupational Safety and health
Employees’ Social Security Act 1969
Factory and Machinery Act or FMA and Regulations
Occupational Safety and Health (OSHA) 1994 and Regulations – could be downloaded at

6. 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

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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. OCCUPATIONAL SAFETY AND HEALTH ACT 1994
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

15. those who create the risks (employers)
OSHA 1994
Concept of
RESPONSIBILITY –
work with the risk
on the one who
create the risk &
PLACE OF WORK –
or use for storing
premises where
persons work
Depends on severity,
“as best as employer
Cost & suitability
MEASURES –
provide”
CONTROL
Responsibility for safety and health in the workplace lies with
those who create the risks (employers)
and those who work with the risks (employees)
Concept is
Self Regulation - Employers must develop a good and orderly OSH management system.
Cooperation - Where employers, employees and the government must negotiate to settle issues and problems relating to OSH at the workplace.
Consultation - where employers and employees must co-operate to take care, nurture and to increase the quality of OSH at the workplace.

16. OSH Act 1994
Wider scope – covers all workers in all economy related activities (1st schedule) excluding :
Was estimated in 2002, 7 million of working citizens are protected under OSH 1994 (NIOSH 2002)
those working on
board ships governed
by Merchant
Shipping Ordinance
1952
Armed forces

17. Wholesale & retail trades
First Schedule
Manufacturing
Transport, storage &
communication
Mining & quarrying
Wholesale & retail trades
Construction
Hotels & restaurants
Agriculture, forestry & fishing
Finance, insurance,
real estate & business service
Utilities: Electricity, gas, water
& sanitary service
Public services &
statutory authorities

18. Objects of OSHA 1994 Secure safety, health & welfare of workers
Protect other persons at place of work (visitor, etc.)
Promote occupational environment adapted to physiological & psychological need
Provide system that is flexible to cater rapid change
Secure the safety, health, and welfare or persons at work -
Protect persons at place of work other than persons at work
Promote an occupational environment adapted to physiological and psychological needs
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

19. Act provides for Malaysian Minister to issue regulations to implement OSHA1994 more precisely
Policy Statements
(Exception) 1995
CIMAH 1996
S&H Committee
(>40 workers)
1996
Hazardous Chemicals
1997
CPL
S&H Officer
Substance Order 1999
Prohibition of Use of
USECHH 2000
NADOOPOD 2004

20. 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

21. 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

22. Safe outlet for entering
welfare at work
Ensure safety,
- Section 15
health and
Plant & system of
Maintenance of
work
Handling, storage &
During operation,
Ensure safety
transport
Provide information
Instruction, training
& supervision
Safe outlet for entering
Provide & maintain
& leaving
environment
Safe working
Duties of employer & self employed persons

23. Section 16, 17 & 18 Provide a safety policy (workers >5)
Ensuring other persons are not exposed to risk from activities at the work place
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

24. “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

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

26. 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

27. Other Provisions of OSHA
1994
OSHA
Organization
S&H
Notification
Accidents … of
or substance
Use of plant
against
Prohibition
Industry
of practice
codes
investigation
Enforcement &
Liability for
offences
Appeals
Regulations
Other Provisions of OSHA

28. “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

29. Thank you! Questions?

30. 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

31. 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

32. 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

33. 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