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The OSH Act, Standards, and Liability

CHAPTER 4CHAPTER 4

CONTENTSCONTENTS

1.How to manage Occupational Safety and Health2.OSH Act3.Obligation of employers4.Responsibilities of employees5.Rights of employees6.Safety and health committee7.Safety and health officer8.OSHA standards vs regulations9.Standards and Codes

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What’s wrong with this picture?

How to manage Occupational Safety

and Health at the work place?

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Requires the commitment of the manager to complete 3 steps:

1.The workplace must have a Policy Statement on Occupational Safety and Health;

2.Planning (including the implementation of HIRARC, training, instructions and auditing) on Occupational Safety and Health.

3.To take remedial action for any improvement to be made.

• The Occupational Safety and Health policy is a written statement briefly stating the following commitment:– The employer will provide safety, health and welfare for

the employee during the working hours by implementing the relevant regulations and work procedures; and

– The employee will comply with the regulations and work procedures so as to ensure their own safety.

– The policy statement will be displayed in strategic places that will be visible to the employee.

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Policy statement required for safety and health

Managing OSH at workplace

• The employer can start by:• 1st - Identifying the hazards at the

workplaces/processes. • 2nd - Evaluate the risks for every activity being

carried out. • 3rd- Action to control the said risks.

This process is called HIRARC.6

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OSH Act?

• OSH Act 1994 (Malaysia) Part I - PreliminaryShort title

• Act applies throughout Malaysia to the industries.

• Nothing in this Act shall apply to work on board ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak or the armed forces.

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OSH Act Background• Gazetted on February 24, 1994.• The legislation requires all employers with more

than five employees to formulate a written Safety and Health Policy of their workplaces.

• The Act sets out the responsibilities of the employers and employees in maintaining a safe and healthy working environment.

•

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OSH Act Background

• The two main OSH Acts

1. Factories and Machinery Act 1967 (Act 139)3. Occupational Safety and Health Act 1994 (Act 514)

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Objective Of The OSH Act

• to make further provisions for securing that safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National Council for Occupational Safety and Health, and for matters connected with it.

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Who involved under Occupational Safety and Health Act 1994 (Act 514).?

Everyone who "work" in• Manufacturing Sector: • Mining and Quarrying; • Construction; • Agriculture, • Forestry and Fishing; • Utilities; • Storage and Comm.

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•Wholesale and Retail Trades; •Hotel and Restaurant; •Finance, •Insurance, •Real Estate and Business Service Sector; •Public Services

Rationale for the OSHAct

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Date Case Location

1 17 Dec 2007 Struck by flying rock Quarry, Perak

2 04 Dec 2007 Struck by wall formwork Construction site, Penang

3 20 Nov 2007 Suffocate in confined space Sewage plant, Johor

4 13 Nov 2007 Jacket torn during leakage test Factory, Selangor

5 21 Oct 2007 Caught between roller and conveyor belt Factory, Pahang

6 15 Oct 2007 Fall from lorry Plantation, Pahang

7 10 Oct 2007 Crushed to death by excavator Logging site, Sarawak

8 24 Sep 2007 Struck by pile Construction site, Sarawak

9 07 Sep 2007 Struck by log Factory, Sarawak

10 01 Sep 2007 Leg severed in infeed screw conveyor Factory, Sarawak

11 20 Aug 2007 Fall from scaffolding Construction site, Negeri Sembilan

12 09 Aug 2007 Fall while installing `Nitrogen Stabilaz Regulator’ Factory, Johor

13 07 Aug 2007 Burns and fall while putting out fire Factory, Penang

Source: JKKP, 2008

Date Case Location

14 30 Jul 2007 Caught between roller and belt conveyor Factory, Perlis

15 19 Jul 2007 Transformer room explosion Construction site, Johor

16 08 Jul 2007 Caught in crusher Factory, Negeri Sembilan

17 12 Jun 2007 Struck by tree Forest, Pahang

18 01 Jun 2007 Fall into mixer tank Factory, Perak

19 01 Jun 2007 Terjatuh dari tingkat 1 Construction site, Selangor

20 03 May 2007 Caught between bulldozer tyres Workshop, Negeri Sembilan

21 29 Apr 2007 Burnt to death Factory, Selangor

22 25 Apr 2007 Worker caught between objects Factory, Sarawak

23 24 Apr 2007 Fall into pit Factory, Penang

24 20 Apr 2007 Run over by motorgrader Road, Negeri Sembilan

25 19 Apr 2007 Three killed while carrying out painting work Factory, Sabah

26 18 Apr 2007 Overturned skylift Road, Penang

27 14 Apr 2007 Fall from 6th floor Construction site, Selangor

28 04 Apr 2007 Overturning of excavator into mine Construction site, Pahang

29 02 Apr 2007 Fall from height Construction site, Selangor

30 02 Apr 2007 Pinned down by earth moving machine Plantation, Sarawak 14

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31 28 Mar 2007Fall of worker from platform of scaffolding Factory, Melaka

32 26 Mar 2007Pembantu Keselamatan Bank Terjatuh Bank, Penang

33 23 Mar 2007Pinned down by mini tractor Plantation, Johor

34 21 Mar 2007Struck by rocks Quarry, Perak

35 16 Mar 2007Plantation accident Plantation, Johor

36 15 Mar 2007Caught between cantilever bridge and door of steriliser Factory, Johor

37 12 Mar 2007Fall from 7th to 2nd floor Construction site, Kuala Lumpur

38 10 Mar 2007Struck by timber Factory, Sabah

39 07 Mar 2007Fall from 9th to 4th floor Construction site, Kuala Lumpur

40 06 Mar 2007Fall from 16th floor Construction site, Selangor

41 06 Mar 2007Fall from 4th to 1st floor Construction site, Kuala Lumpur

42 27 Feb 2007 Struck by container Factory, Sarawak

43 27 Feb 2007 Fall from roof Construction site, Negeri Sembilan

44 31 Jan 2007 Fall from 23rd floor Construction site, Kuala Lumpur

45 21 Jan 2007 Fall to the first floor Construction site, Penang

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48 11 Jan 2007 Dihempap oleh 'Excavator' Ladang, Sabah

49 11 Jan 2007 Scaffolding collapse Construction site, Kuala Lumpur

50 09 Jan 2007 Tersepit pada mesin 'Die Cut' No content

51 08 Jan 2007 Struck by bulldozer Oil palm plantation, Johor

52 02 Jan 2007 Struck by brick wall Construction site, Johor

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Rationale for the OSHActRationale for the OSHAct

“…to assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human

resources”

Occupational Safety and Health Act (OSHAct), 1970.

The most debilitating experience one can have on the job is to be The most debilitating experience one can have on the job is to be involved in, or exposed to, involved in, or exposed to, a work related accident or illness.a work related accident or illness.

Effects:Effects:-Psychologically stressful for the victim’s fellow workers-Psychologically stressful for the victim’s fellow workers-Extraordinarily expensive for the victim’s employer-Extraordinarily expensive for the victim’s employer

Congress passed the OSH Act with the following stated purpose:Congress passed the OSH Act with the following stated purpose:

Rationale of OSH Act

• Uniform law was needed to help Uniform law was needed to help reduce the reduce the incidence of work-related injuriesincidence of work-related injuries, , illnesses, illnesses, and and deathsdeaths and the and the OSH Act 1970 addressed OSH Act 1970 addressed this need.this need.

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Obligations of the employers towards the employees

• The employer is obligated to protect the employees in relation to safety, health and welfare through the following procedures:1. To provide and maintain a safe plant and working

system;2. To put in place procedures so as to ensure safety

and health in the usage, handling, storage and transportation of the plant and supplies;

3. To provide information, instruction, training and supervision for new and old employees;

4. To provide and maintain a working environment that is safe and free from health hazards; and

5. To provide the necessary amenities for the welfare of those who are working.

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responsibility of the employees at the workplace

• Every employee has the responsibility to :1. Be reasonably attentive so as to avoid injury onto

themselves as well as others while carrying out their work activities; and

2. Co-operate with the employer and others so as to fulfill the provision of the law.

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Right of employees!

The employees can expect to be protected from discrimination, injury or re-designated by the employer in cases if :1. He/She make a report about the unsafe

conditions or work practices in the workplace;2. He/She become a member of the safety and

health committee; and3. He/She carry out his/her duties as a member of

the safety and health committee.

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Ideal time to form the Safety and Health Committee at the workplace

• The employer should form the Safety and Health Committee at the workplace when there are 40 or more employees in the workplace

or • when instructed by the Director General of

DOSH.

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Functions of the Safety and Health Committee

• The functions of the Safety and Health Committee at the workplace are :– To review the safety and health procedures at the

workplace;– To investigate any complaints or other related

matters that are raised; and– To hold regular discussions with the employer on

issues relating to safety and health at the workplace.

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Safety n Health Officer

• An employer who is classified under the Safety and Health Act 1994 must employ a competent person to act as a Safety and Health Officer.

• The Safety and Health Officer is to ensure that the Safety and Health Act 1994 is complied with and also instrumental in promoting a safe and healthy working environment.

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Employer must notify the nearest DOSH office by the quickest means available using telephone, fax, JKKP 6 or JKKP 7 in the unfortunate event of any accident, hazardous incident, industrial poisoning or illness that has happened or may happen at the workplace.

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Penalty!Employer who fail to ensure safety, health and welfare of employees at the workplace shall be guilty of an offence and shall on conviction will be liable to a fine not exceeding RM50,000 or to imprisonment not exceeding two years or to both.

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-OSHA issues both standards and regulations

OSHA standards address specific hazards such as working in confined spaces, handling hazardous waste, or working with dangerous chemicals.

Regulations are more generic in some cases than standards and more specific in others.

OSHA Standards vs. OSHA Regulations

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Confined space is a term from labor-safety regulations that refers to an area whose enclosed conditions and limited access make it dangerous.

Confined spaces such as:

-manholes-storage tanks-underground vaults-pipelines-vats-exhaust ducts-boilers-degreasers

Confined Space StandardConfined Space Standard

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-Develop in response to the approximately 300 work-related deaths that occur in confined spaces each year.

-Applies to a broad cross section of industries that have employees working in spaces with the following characteristics:

-limited openings for entry or exit-poor natural ventilation-design not intended to accommodate continuous human occupancy

Confined spaces such as:

-manholes-storage tanks-underground vaults-pipelines

-vats-exhaust ducts-boilers-degreasers

Confined Space StandardConfined Space Standard

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-The key component in the standard is the permit requirement.

-Employers are required to develop an in-house program under which employees must have a permit to enter confined spaces.

-Employers must do the following

-Identify spaces that can be entered only by permit-Restrict access to identified spaces to ensure that only

authorized personnel may enter-Control hazards in the identified spaces through engineering,

revised work practices, and other methods.-Continually monitor the identified spaces to ensure that any

known hazards remain under control

Confined Space StandardConfined Space Standard

Legislations:• Act – A product, such as a statute, decree, or enactment,

resulting from a decision by a legislative or judicial body• Regulations –a law, rule, or other order prescribed by

authority• Order – A direction or command delivered by a court or other

adjudicative body and entered into the record but not necessarily included in the final judgment or verdict.

• Codes of Practice – set of written rules which explains how people working in a particular profession should behave

• Guidelines –A statement or other indication of policy or procedure by which to determine a course of action

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DOSHDOSH

Acts Being Enforced By DOSH 1. Factories And Machinery Act 1967 (Act 139) 2. Occupational Safety And Health Act 1994 (Act 514)3. Petroleum Act (Safety Measures) 1984 (Act 302)

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DOSHDOSH

Eg Regulations :• Factories and Machinery (Steam Boiler And Unfired Pressure Vessel) Regulations,

1970 • Factories and Machinery (Electric Passenger And Goods Lift) Regulations, 1970 • Factories and Machinery (Fencing Of Machinery And Safety) Regulations, 1970• Factories and Machinery (Person-In-Charge) Regulations, 1970• Factories and Machinery (Safety, Health And Welfare) Regulations, 1970• Factories and Machinery (Administration) Regulations, 1970• Factories and Machinery (Certificates Of Competency-Examinations) Regulations,

1970 • Factories and Machinery (Notification, Certificate of Fitness And Inspections)

Regulations, 1970• Factories and Machinery (Compounding Of Offences) Rules, 1978 • Factories and Machinery (Compoundable Offences) Regulations, 1978 • Factories and Machinery (Lead) Regulations, 1984 • Factories and Machinery (Asbestos Process) Regulations, 1986 • Factories and Machinery (Building Operations And Works Of Engineering

Construction) (Safety) Regulations, 1986 • Factories and Machinery (Noise Exposure) Regulations, 1989 • Factories and Machinery (Mineral Dust) Regulations, 1989 • Factories and Machinery (Notification, Certificate of Fitness and Inspection)

(Amendment) Regulations, 2004 Factories and Machinery (Steam Boiler and Unfired Pressure Vessel ) (Amendment) Regulations, 2005 36

• Occupational Safety and Health (Safety and Health Officer) Order 1997

• Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

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Eg: Orders

• Code Of Practice On Indoor Air Quality• Code Of Practice For Safe Working In A

Confined Space • Code Of Practice On Prevention And

Management Of HIV/AIDS At The Work Place• Code Of Practice On Preventing And

Responding To Drug And Alcohol Problems At Workplace

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Eg: Codes

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Eg: Guidelines

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The list of regulations under this Act are:

1. Occupational Safety and Health (Employers' Safety and Health General Policy Statements)(Exception) Regulations 1995

2. Occupational Safety and Health (Control of Industry Major Accident Hazards) Regulations 1996

3. Occupational Safety and Health (Safety and Health Committee) Regulations 1996

4. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997

5. Occupational Safety and Heath (Safety and Health Officer) Regulations 1997

6. Occupational Safety and Health (Prohibition of Use of Substance) Order 1999

7. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000

8. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-The most widely applicable OSHA standards

-These standards are found in 29 CFR 1910.

-Part 1910 consists of 21 subparts, each carrying an uppercase-letter designation.

-Subpart A and B contain no compliance requirement

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Access to employee Exposure and Medical Records

-Employers that are required to keep medical and exposure records must do the following:

i)maintain the records for the duration of employment plus 30 years

ii)give employees access to their individual personal records

SUBPART C: General Safety and Health ProvisionsSUBPART C: General Safety and Health Provisions

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Contains the standards for all surfaces on which employees walk or work.

1910.21 Definitions1910.22 General requirements1910.23 Guarding floor and wall openings

and holes1910.24 Fixed industrial stairs

SUBPART D: Walking-Working SurfacesSUBPART D: Walking-Working Surfaces

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

--Requires employers to ensure that employees have a Requires employers to ensure that employees have a safe, accessible, and efficient means of escaping a safe, accessible, and efficient means of escaping a building under emergency circumstances.building under emergency circumstances.

1910.351910.35 DefinitionsDefinitions1910.361910.36 General requirementsGeneral requirements1910.37 1910.37 Maintenance safeguards and Maintenance safeguards and

operational features for exit routesoperational features for exit routes1910.381910.38 Emergency action planEmergency action plan1910.391910.39 Fire protection planFire protection plan

SUBPART E: Means of EgressSUBPART E: Means of Egress

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Applies to powered platforms, mechanical lifts, and vehicle-mounted work platforms.

-Apply only employers who use this type of equipment in facility maintenance operations.

1910.66 Powered-platform for building maintenance

1910.67 Vehicle-mounted elevating and rotating work platforms

1910.68 Manlifts

SUBPART F: Powered PlatformsSUBPART F: Powered Platforms

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-The most widely applicable standard in Subpart G is:

1910.95 Occupational noise exposure

SUBPART G: Health and Environment ControlsSUBPART G: Health and Environment Controls

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

--Contains four of the most widely applicable standards:Contains four of the most widely applicable standards:

1910.1061910.106 Flammable and combustible liquidsFlammable and combustible liquids1910.1071910.107 Spray finishing using flammable and Spray finishing using flammable and

combustible materialscombustible materials1910.1191910.119 Process safety management of Process safety management of

highly hazardous chemicalhighly hazardous chemical1910.1201910.120 Hazardous waste operations and Hazardous waste operations and

emergency responseemergency response

SUBPART H: Hazardous Materials

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Contains three of the most widely applicable standards

1910.132 General requirements1910.133 Eye and face protection1910.134 Respiratory protection

SUBPART I: Personal Protective EquipmentSUBPART I: Personal Protective Equipment

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

--Contains standards that are widely applicable because Contains standards that are widely applicable because they pertain to general housekeeping requirementsthey pertain to general housekeeping requirements

1910.1461910.146 Permit-required Permit-required **confined spaceconfined space1910.1471910.147 Control of hazardous energy Control of hazardous energy

(lockout/tagout)(lockout/tagout)

*A confined space is one that meets any or all of the following *A confined space is one that meets any or all of the following criteria:criteria:

-Large enough and so configured that a person can -Large enough and so configured that a person can enter it enter it and perform assigned work tasks thereinand perform assigned work tasks therein-Continuous employee occupancy is not intended-Continuous employee occupancy is not intended

SUBPART J : General Environment ControlsSUBPART J : General Environment Controls

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

SUBPART K: Medical and First AidSUBPART K: Medical and First Aid

-The most important section of which pertains to eye-flushing.-If employees are exposed to injurious corrosive materials, equipment must be provided for quickly flushing the eyes and showering the body.-Requires medical personnel to be readily available

1910.151 Medical seminars and first aid

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Contains the bulk of OSHA’s fire protection standard.-These standards detail the employer’s responsibilities concerning fire brigades, portable fire-suppression equipment, fixed fire-suppression equipment, and fire alarm systems.

Fire protection

1910.155 Scope, application, and definitions applicable to this subpart

SUBPART L: Fire ProtectionSUBPART L: Fire Protection

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

Portable Fire-Suppression Equipment

1910.157 Portable fire extinguishers

Fixed-Fire Suppression Equipment

1910.159 Automatic Sprinkler systems

Other Fire Protection Systems

1910.164 Fire detection systems

SUBPART L: Fire ProtectionSUBPART L: Fire Protection

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Contains only one standard.-Applies to compressed-air equipment that is used in drilling, cleaning, chipping, and hoisting.

1910.169 Air receivers

SUBPART M: Compressed Gas/AirSUBPART M: Compressed Gas/Air

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Applies only to the handling and storage of materials, changing rim wheels on large vehicles, and the proper use of specific equipment identified in the standards’ titles.

1910.176 Handling materials-general1910.177 Servicing multi-piece and single-

piece rim wheels

SUBPART N: Materials Handling and StorageSUBPART N: Materials Handling and Storage

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Contains standards relating to specific types of machines.

1910.211 Definitions1910.212 General requirements for all

machines1910.213 Woodworking machinery

requirements

SUBPART O : Machinery and Machine GuardingSUBPART O : Machinery and Machine Guarding

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Contains the standards relating to these processes in all their various forms.-The primary safety and health concerns are fire protection, employee personal protection, and ventilation.

1910.251 Definitions1910.253 Oxygen-fuel gas welding and cutting1910.254 Arc welding and cutting1910.255 Resistance welding

SUBPART P: Welding, Cutting and BrazingSUBPART P: Welding, Cutting and Brazing

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Contains standards relating to the use of hand tools, portable power tools, and compressed-air-powered tools.

1910.241 Definitions1910.242 Hand and portable-powered tools

and equipment1910.243 Guarding of portable tools and

equipment

SUBPART Q: Hand Tools/Portable Power ToolsSUBPART Q: Hand Tools/Portable Power Tools

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Subpart R deals with specific industries. Each separate standard relates to a different category of industry.

1910.261 Pulp, paper, and paperboard mills1910.262 Textiles1910.263 Bakery equipment1910.264 Laundry machinery and operations1910.265 Sawmills1910.266 Pulpwood logging1910.268 Telecommunications1910.272 Grain handling facilities

SUBPART R: Special IndustriesSUBPART R: Special Industries

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-This subpart contains standards divided into two categories:

(1)design of electrical systems(2)safety related work practices

1910.302 Electric utilization systems1910.305 Wiring methods, components, and

equipment for general use.

SUBPART S: ElectricalSUBPART S: Electrical

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-This subpart applies only to commercial diving enterprises.-The standards contained in Subpart T are divided into six categories:

(1) general(2) personnel requirements(3) general operations and procedures(4) specific operations and procedures(5) equipment procedures and requirements(6) record keeping

1910.410 Qualification of dive teams1910.422 Procedures during dive

SUBPART T: Commercial Diving OperationsSUBPART T: Commercial Diving Operations

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OSHA’s General Industry StandardsOSHA’s General Industry Standards

-Standard that establish permissible exposure limits (PELs) for selected toxic and hazardous substances.

1910.1000 Air contaminants1910.1450 Occupational exposure to hazardous

chemicals in laboratories

SUBPART Z: Toxic and Hazardous SubstancesSUBPART Z: Toxic and Hazardous Substances

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Standards and CodesStandards and Codes

STANDARD STANDARD An operational principle, criterion, or requirement– or a An operational principle, criterion, or requirement– or a combination of these.combination of these.

CODECODESet of standards, rules, or regulations relating to a Set of standards, rules, or regulations relating to a specific area.specific area.

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Standards and CodesStandards and Codes

-Standards and codes play an important role in modern safety and health management and engineering.

-Written standards and codes that employees carefully follow can also decrease company’s exposure to costly litigation.

-Numerous organizations develop standards for different industries. These organizations can be categorized as follow:

GovernmentProfessional organizationsTechnical/Trade associations

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Thank You