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Chemical Industries Council of Malaysia

Occupational Safety and Health in Malaysia

Ir Harminder Singh, B E (Hons), P Eng, LLB (Hons) RCP Technical Advisor to Chemical Industries Council of Malaysia

11th Asia Pacific Responsible Care Conference (APRCC) October 19-20, 2009 * Tokyo, Japan


The paper is divided into 3 sections:-

Current Legislation on OSH

Enforcement of OSH

Training, Research and Information Dissemination on OSH

INTRODUCTION


First OSH implemented some 130 years ago by British Colonial Government.

Focus on statutory inspections of steam boilers and prime moversused in tin mines. After 2nd World War, the Machinery Ordinance 1953 was passed. Department became known as Machinery Department.

Later amended to Factories and Machinery Act 1967. Department known as Factories and Machinery Department.

Finally in 1994 with the passing of Occupational Safety and Health Act, the name of the Department changed to the Departmentof Occupational Safety and Health (DOSH) as it is today.

HISTORY OF OSH IN MALAYSIA


There are 2 types:-

(1) Which control the specific activity or chemical substance.

CATEGORIES OF OSH LEGISLATION

(2) Referred to as fundamental and general law. Currently 2 such laws of OSH - Factories and Machinery Act 1967 & Occupational Safety and Health Act 1994


The scope of the Act covers all persons at work in sectors listed below. Does not cover work onboard ships and the armed forces.

The activities sectors covered are:- Manufacturing- Mining and Quarrying- Construction- Agriculture, Forestry and Fishing- Utilities: Gas, Electricity, Water and Sanitary Services- Transport, Storage and Communication- Wholesale and Retail Trade- Finance, Insurance, Real Estate and Business Services- Hotel and Restaurants- Public Services and Statutory Authorities

THE OCCUPATIONAL SAFETY AND HEALTH ACT 1994


1. National Council of Occupational Safety and Health

Salient Provisions of OSHA 1994

The Act requires the establishment of this council in line withthe tri-partite principle of consultation between Government, Employers and Employees.

Council has the power to expedite the objects of the Act, including conducting investigations relating to the Act.

It carries out promotional work on OSH e.g. safety and health week, annual OSH awards to companies and individuals who have contributed most to uplifting of OSH in Malaysia


2) General Duties of Employers, Self-Employed, Designers, Manufacturers, Suppliers and Employees


Act stipulates duties of various persons involved directly or indirectly with activities of work.

Duties referred as general duties worded in general terms, butdemanding duties and responsibility bound only by the phrase as far as it is practicable. Act defines practicable as having regard to the severity of the hazard, availability and suitability of technology and the cost involved in removing the hazard.

The onus to prove whether practicable measures have been taken is on the employer. In court proceedings involving general duty provisions, the accused has to prove his innocence.


General duties of employers and self-employed are in linewith the principle of self-regulation.

Employer has knowledge of the process, plant, substance in use and background of employees engaged, for work he must exercise his duty of care to his employees by taking measures to eliminate the hazards.

If it is not practical to mitigate the hazard, he must inform, train, educate and supervise all his employees.

Employees are also bound to take care of themselves and alsothose who may be affected by their work, co-operate with employer to wear and use personal protective equipment provided and comply with measures and instruction given by employer.




Designers, manufacturers and suppliers of plant (machinery, equipment, appliances, tools, etc) and substances (natural or artificial, in solid, liquid, gas, vapour or any combination) and bound by general duties to ensure safety of the plant and substances are properly used by providing adequate information and training on the safe use, operation and handling of their products.

The Act requires employers to express commitment on OSH through written policy statement and to set-up the organizational arrangements to implement the policy.

Safety policy must be periodically reviewed to strengthen the implementation programme.




The Act spells out 3 essential provisions pertaining to medicalsurveillance, establishment of safety and health committees and requirements for safety and health officers.

Act empowers Minister to make regulations where work poses high risk to workers and medical surveillance is required.

Mandatory for place of work employing more than 40 workers to establish safety and health committee.

Employer must consult committee on matters of OSH to be implemented encourages worker-employer co-operation and participation.

Act empowers the Minister to gazette such class or description of industries which requires a competent person called a safety andhealth officer.

3) Safety and Health OrganizationSalient Provisions of OSHA 1994


4) Notification of Accidents Dangerous Occurrences, Occupational Poisoning and Diseases


The onus to report the above is on the employer and he shallnotify the nearest DOSH office by the quickest means available. The responsibility to occupational diseases or poisoning is on the registered medical practitioner.

To create a flexible legislative system, the Act spells out the role of industry codes practice as guidance to comply with the Act.The Minister can approve such codes and gazette them and are admissible as evidence in court proceedings.

5) Industry Codes of Practices


6) Enforcement and Compliance OfficersSalient Provisions of OSHA 1994

Responsibility to enforce Act on Director General (DG) who is a public officer. Other public officers are also appointed to assist the DG in performing his duties under the Act.

Officers have wide powers to enter, inspect, examine, seize, investigate and examine witnesses when directed by DG to hold aninquiry.

Enforcement Officers given wide power to issue: (a) improvement notices

(b) prohibition notices where owners have to immediately cease operation and cannot resume work until corrective measures which satisfy the officer have been taken. If owner is aggrieved by the decision, he can appeal to the DG.


7) Liability for Offences and PenaltiesSalient Provisions of OSHA 1994

Both the body corporate (company) and other persons who are in control of corporation are liable for contravention of any provisions of the Act.

Maximum penalties stipulated are RM50,000 fine or 5 years imprisonment or both.


The Department of Occupational Safety and Health (DOSH) under the Ministry of Human Resources enforces OSH:

ENFORCEMENT OF OSH


(a) Factories and Machinery Act 1967 and regulations made under it

(b) Occupational Safety and Health Act and Regulations and orders made under it

(c) The Petroleum (Safety Measures) Act 1984

THE PRIMARY LEGISLATION ENFORCED BY DOSH


Enforcement under Factories and Machinery Act 1967

Year 2007

Steam Boilers

Unfired Pressure Vessels

Lifts Mobile Cranes

Other Hoisting Machinery

Factory Inspections

Inspection and Tests

7 196 68 590 22 114 5 464 29 086 12 293

The activities include the design approval and testing of certified machinery such as steam boilers, unfired pressure vessels, lifts, cranes and other hoisting machinery to ensure they comply with approvedcodes of practices and are safe for operations.There are also factory and installation inspections to test machine guarding, house-keeping and other welfare services are provided

Source: Department of Occupational Safety and Health, Malaysia


Enforcement under the Lead Mineral Dust, Asbestos, Noise and Construction Regulations

Year 2007 Lead Mineral Dust, Asbestos

Noise Construction

Enforcement Visits 127 560 3490



Enforcement under OSHA 1994

No Activity 2004 2005 2006 2007

1 Industrial Hygiene Inspections 280 328 312 414

2 Petroleum Installations 617 646 535 550

3 Small & Medium Enterprises 2894 2645 2677 2759

4 Transport 93 79 83 213

5 Wholesale; Retail Trade 90 86 105 95

6 Hotels 97 100 110 58

7 Banks 54 80 88 44

8 Public Service 91 101 131 138

9 Agriculture 370 390 947 1151

10 Forestry 54 74 156 130


No Activity 2004 2005 2006 200711 Vetinary 528 311 504 444

12 Fishery 26 71 272 342

13 Use and Standard of Exposure to Chemicals Hazardous to Health

1087 951 911 1088

14 Classification, Packaging and Labeling Reg. 2002

137 111 118 124

15 Industrial Hygiene Monitoring 188 185 134 165

16 Ergonomics 125 131 139 139

17 Confine Space Audit 39 35 54 49

18 Indoor Air Quality Monitoring 4 - 66 45

Enforcement under OSHA 1994



Competent Persons Testing

No Type 2004 2005 2006 2007

1 Safety and Health Officers 1896 2174 2993 2901

2 Major Hazard Competent Persons 56 54 53 51

3 Lifts Competent Persons 99 52 74 70

4 Occupational Health Doctors 454 518 631 669

5 Industrial Hygiene Technicians Level I

80 105 129 130

6 Industrial Hygiene Technicians Level II

60 103 123 132

7 Gas Competent Technicians - - 1 24

8 Indoor Air Quality Technicians - - 1 4

9 Welders Competent 195 212 226 240

Total Number (Accumulative)


No Type 2004 2005 2006 2007

10 Noise Monitoring Competent Persons

59 66 72 94

11 Installation of Passenger Lifts, Tower Cranes and Gondolas

177 138 138 138

12 Scaffolding Erectors 2173 2224 2257 2257

13 Crane Drivers 4809 5028 5557 5454

14 Steam Engineers 913 1076 1249 1435

15 Steam Boiler Attendants Grade I 2305 2353 2483 2496

16 Steam Boiler Attendants Grade II 5402 5560 5805 5991

17 Internal Combustion Engineers 94 101 124 161

18 Internal Combustion Engine Attendant Grade I

947 1158 1193 1198

19 Internal Combustion Engine Attendant Grade II

2792 3318 3421 3506

20 Safety Induction Training for Construction Workers

195 203 218 230



Occupational Illness / Poisoning Reported 2004 -2007

No Type 2004 2005 2006 2007

1 Occupational Lung Diseases 34 51 38 50

2 Occupational Skin Diseases 79 57 30 192

3 Occupational Noise Induced Hearing Loss

118 190 106 120

4 Occupational Musculosketal Disorders

8 10 22 18

5 Psychosocial Disorders 2 4 1 -

6 Diseases caused by Chemical Agents

62 139 116 117

7 Diseases caused by Biological Agents

- - 3 1

8 Occupational Cancer - - 2 1

9 Other Non Occupational Diseases 303 461 362 546



Pilot Projects

No Type 2004 2005 2006 2007

1 Drug/Alcohol Abuse in Workplace - 8 37 13

2 HIV/AIDS in Workplace - 9 9 16

Legal Action Taken for Offences (1998-2002)

No. Type of Action 1998 1999 2000 2001 2002

1 Notice of Prohibition 931 822 1023 4977 5746

2 Compound 65 11 17 121 927

3 Prosecutions 19 22 24 58 76




No Type of Action 2003 2004 2005 2006 2007

1 Notice of Prohibition 5344 6147 5940 5830 4878

2 Compound 1117 1356 1188 779 215

3 Prosecutions 121 67 179 49 108

Legal Action Taken for Offences (2003-2007)



NIOSH was established in 1992 as a company limited by guarantee under the Ministry of Human Resources, Malaysia.

Vision To be the leading centre of excellence in OSH

Mission To be the preferred partner in OSH to provide training, consultation services, disseminate of information and conduct relevant research in field of OSH.

NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH)


1) Widest Range of Training Programme

2) Higher Education Programme

3) OSH Consultation Services, Research and Development

4) Industrial Hygiene Analytical Laboratory

5) Research

Products and Services


6) Information Dissemination

7) Publications

8) Exhibition and Talk Programme

9) Seminar

10) Corporate Social Responsibility (CSR)

Products and Services



Total Numbers of Reported Accidents and Fatalities


Accidents and Fatalities (1996 2007)



DOSH under the Ministry of Human Resources, Malaysia gives great emphasis and priority in OSH at work. Strict enforcement of dynamic and flexible legislation coupled together with training, information dissemination and relevant research provides strategic and proactive methods to make workplaces safe and healthy and to inculcate a safety and health culture in the Malaysian working population.

SUMMARY


TERIMA KASIH / THANK YOU

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Documents

health act

machinery act

history of osh

laws of osh

machinery department

passing of occupational

annual osh awards

categories of osh legislation2