legal requirements of occupational safety and health
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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. Human Right. - PowerPoint PPT PresentationTRANSCRIPT
Legal requirements of Occupational
Safety and Health
Occupational Health EOH3202
Dr. Emilia Zainal AbidinEnvironmental & Occupational Health
Faculty of Medicine and Health SciencesUniversity 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
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Legal standingAct
-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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Occupational safety – Boiler inspector in the 20th century
Early legislation –Machinery safety
Factory & Machinery Act 1967
Employees’ SOCSO Act 1969
OSHA 1994
Chemical & safety awareness increased due to Bhopal 1984 & bright sparkler incidence 1991
Malaysia: Evolution of OH Law
FMA Regulations1.notifiable industrial disease2.lead3.asbestos 4.noise5.mineral dust
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OH related Law in Malaysia – under the Ministry of Human Resources
Department of Occupational Safety and health
Social Security Organisation
• Factory and Machinery Act or FMA and Regulations
• Occupational Safety and Health (OSHA) 1994 and Regulations – could be downloaded at http://www.agc.gov.my/Akta/Vol.%2011/Act%20514.pdf
• Employees’ Social Security Act 1969
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
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 matterAct is self-regulatory, based on principles of cooperation and
consultation
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
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Concept of
OSHA 1994
RESPONSIBILITY –on the one who
create the risk & work with the risk
PLACE OF WORK – premises where
persons workor use for storing
CONTROL MEASURES –
“as best as employer provide”
Depends on severity,
Cost & suitability
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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
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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
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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
REGULATIONS
Policy Statements
(Exception) 1995
CIMAH 1996
S&H Committee (>40 workers)
1996
CPL Hazardous
Chemicals 1997
S&H Officer 1997
Prohibition of Use of
Substance Order 1999
USECHH 2000
NADOOPOD 2004
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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Ensure safety, health and welfare at
work - Section 15
Maintenance ofPlant & system
ofwork
Ensure safety During
operation,Handling, storage & transport
Provide informationInstruction,
training& supervision
Provide & maintain
Safe outlet for entering
& leaving
Provide & maintain
Safe working environment
Duties of employer & self employed
persons
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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 place3. 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 purpose3. 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 of OSHA
OSHA1994
S&H Organizatio
n
Notification of
Accidents …
Prohibition against
Use of plant or substance
Industry codes
of practice
Enforcement &
investigation
Liability for offences
Appeals
Regulations
“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 Gandhi28
Thank you! Questions?
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Guidelines under OSHA 1994Guidelines for Public Safety and Health at Construction Site 1994Guidelines on Occupational Safety and Health in the Office 1996Guidelines on First-Aid Facilities in the Workplace 1996 Examination Syllabus for Engineer's Certificate of Competency
(Steam and Internal Combustion Engines) Examination 1996Guidelines on Method of Sampling and Analysis for Airborne Lead
1997Guidelines for the Formulation of a Chemical Safety Datasheet
1997 Guidelines for the Classification of Hazardous Chemicals 1997 Guidelines for Labelling of Hazardous Chemicals 1997Guidelines on Occupational Safety and Health in Tunnel
Construction 1998
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Guidelines under OSHA 1994Garispanduan 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) 2000Guidelines on the Control of Chemicals Hazardous to Health
2001Guidelines on Medical Surveillance 2001Garispanduan 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 2003Guidelines on Gender Issues in Occupational Safety and
Health 2003Guidelines 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 2004Guidelines on Occupational Safety and Health In Service
Sector 2004Guidelines on First-Aid in the Workplace (2nd Edition) 2004Guidelines on Occupational Health Services 2005