CA 502

Occupational Safety and Health Act II

DSB5S3
LECTURER: PN. NORNAWAR LAILI BINTI NORDIN TITLE: OSHA, DOSH, NIOSH AND SOCSO

NAME
AHMAD SAMHAN BIN BUANG MOHAMMAD HAZZIQ BIN RAMLAN IMMANUEL ALLAS MOHD ANUAR BIN MOHD SHAR MOHD AFFIQ NAQIUDDIN BIN YUSMAN AHMAD SAFUAN BIN ISHAK

MATRIX NO
06BSB11F2018 06BSB11F2023 06BSB11F2021 06BSB11F2027 06BSB11F2016 06BSB11F2029

Table of Contents

Title # 1 2 3 4 5 6 Occupational Safety and Health 1994 Factories and Machinery Art 1967 (FMA 1967) Department of Occupational Safety and Health (DOSH) National Institute of Occupational Safety and Health (NIOSH) Social Security Organization (SOCSO) References

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3 5 8 9 12 8

Occupational Safety and Health 1994 Objective of Occupational Safety and Health 1994 Introduction The Occupational Safety and Health Art (OSHA) was enacted on 25 FEBRUARY 1994 by the Duli Yang Maha Mulia Seri Paduka Yang di-Pertuan Agung with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of same, as follows; To secure the safety, health & welfare of persons at work To protect other against risk to safety and health in connection with the activities of persons at work To establish the National Council for Safety and Health Other related matters

Importance of the Act The Art is necessary to overcome the limitations of the Factories and Machinery Art 1967 (FMA 1967) in the following aspects; Scope of Application Prescriptive Provisions Approach

Employee Responsibilities OSHA 1994 This part outlines the provisions of the general duties of employers and selfemployed persons in the order to ensure, as far as is practicable, the safety, health and welfare at work of all his employees. General duties of employers and self-employed persons to their employees. Duty to formulate safety and health policy.

General duties of employers and self-employed persons than their employees.

to persons other

Duties of an occupier of a place of work to persons other than his employees. Penalty for an offence under section 15. 16. 17 or 18

Employer Responsibilities OSHA 1994 The part outline the provisions of the general duties of employees To take reasonable care for the safety and health of himself and of other persons To co-operate with the employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by this this art and regulations made thereunder. To wear or use at all times an protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health. To comply with any instruction or measure on occupational safety and health instituted by the employer or any other person This part also describes provisions on interference, charges and discrimination of the following; A person shall not intentionally interface with or misuses anything provided or done in the interest of safety, health and welfare Employer shall not levy and charge on employees (section 26) To wear or use at all-time any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health To comply with any instructions or measure on occupational safety and health instituted by the employer or any other person

Factories and Machinery Art 1967 (FMA 1967) Objectives of Factories and Machinery Art 1967 (FMA 1967) FMA was enacted in 1967 at Act 64. It was revised on 1st April 1974. Objective of the act are: To provide control on factories to secure safety, health and welfare of person therein. For the purpose of registration and inspection of machinery and for matters connected therewith. Part 1: Preliminary Definition of a factory: There must be premises and its boundaries can be defined; Within the premises there is manual labour doing process The process must involve the making, altering , repairing, ornamenting, finishing, cleaning, washing , breaking up demolition or adapting for sale any article The processes must be for trading.(Other definitions in boiler)

Part 2: Safety, Health and Welfare Premises must be structurally sound with safe access to work areas, materials and goods must be safely stacked (Section 10) Machinery must be of sound construction and dangerous parts must be fenced(Section 14, 15, 16) Employees must not misuse safety and health equipment(Section 20) Employees not to endanger himself or other person Premises must be kept in clean state, with adequate work space, ventilation, lighting and toilets (Section 22)
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Persons must be supplied with adequate facilities for clothing, storage, drinking, water , first aid and washing facilities (Section 25)

Employees must be trained on the safety of machinery (Section 26)

Part 3: Persons-in-charge and Certificates of Competency Machinery operators must be adequately trained or under the

supervision of a trained person (Section 26); Young persons(< 16 years)must not operate machinery(Section 28)

Part 4: Notification of Accidents, Dangerous Occurrence and Dangerous Diseases The occupier must notify the nearest inspector of accidents and diseases. Accidents include: o Loss of life; Injury to a person who loses more than 4 days work (loss time injury LTI); o Serious damage to machinery or other property(Section 31). Inspectors may investigate accidents and dangerous occurrence and hold enquiries into more serious cases (Section 33) Part 5: Notice of Occupation of Factory and Registration and Use of Machinery Notify Department of Occupational Safety and Health(DOSH)within 3 months of the intended start date(Section 34) Building operations must be notified if last more than 6weeks(Section 35) Changes to the use of factory or machinery must be notified to DOSH4.Fills a standard form together with a) layout plan of the factory; b) list of products to be manufactured; c) list of machines to be used;
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d) list of chemicals, toxic or flammable substances to be used, and (e) detail flowchart of the processes. Part 6: General General penalty RM2,000.00 Certain sections is RM5,000.00 (Section51)

Department of Occupational Safety and Health (DOSH) Introduction The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources. This department is responsible for ensuring the occupational safety, health and welfare of people at work as well as protecting other people from the safety and health hazards arising from the activities of various sectors. Role of DOSH To study and review the policies and legislations of occupational safety and health. To enforce the following legislations : a) Occupational Safety and Health Act 1994 and its regulations. b) Factories and Machinery Act 1967 and its regulations. c) Part of Petroleum Act 1984 (Safety Measures) and its regulations. To conduct research and technical analysis on issues related to occupational safety and health at the workplace. To carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health. To become a secretariat for the National Council regarding occupational safety and health

National Institute of Occupational Safety and Health (NIOSH) Introduction December 1, 1992 marked a new era in the promotion of Occupational Safety and Health in Malaysia. On this day the National Institute of Occupational Safety and Health (NIOSH) was established as a Company Limited by Guarantee, under the Malaysian companies Act, 1965 to spearhead the safety and health culture at the workplace in Malaysia. Its Board of Directors, a tripartite representation of the Government, the Private Sectors and the Workers Unions, provides autonomy in decision-making. NIOSH was set up on a Launching Grant from the Government and Endowment Fund from the Government and the Social Security Organization (SOCSO) of Malaysia. Function And Objective To contribute towards efforts in upgrading Occupational Safety and Health (OSH) through developing curriculum and training programmes for workers and employers. To assist industry, commerce and others to solve problems relating to Occupational safety and Health (OSH) To assist those who are responsible for OSH with the latest information in the field of OSH from the country or overseas. To conduct primarily applied research and both short term and long term research on OSH and health issues relevant to the country To disseminate information on research and findings on OSH and health issues in the main and other pertinent activities undertaken by or on behalf of the Institute and to be a centre of reference

Role of NIOSH Studying the mechanisms leading to nanoparticle toxicity. Developing and testing methods to characterize and monitor the health related properties of nanomaterial. Investigating nanoparticle exposure and ways of controlling exposure in the workplace Through strategic planning, working in partnership with others and making information widely available, NIOSH is working in parallel with the development and implementation of nanotechnology to fulfil its mission of providing national and world leadership to prevent work-related illness and injuries. Core Activities Of NIOSH Training Programs Consultancy Legal compliance o Chemical health risk assessment (CHRA), noise exposure monitoring and dust exposure monitoring. Medico-technical services o Laboratory analysis and medical examination for industrial workers. Customized training o On-shelf training module modified to suit the clients requirements. OSH solutions o Gap analysis and establishment of the OSH Management System OSH Practitioners / General OSH Certificated / Competency In-house Trainers Conference and Seminar Safety Passport System

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Research and Development Research projects using external sources / research grants from government and private sector; Supervision research projects for students in higher learning institutions; and Article writing for journal publication.

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Social Security Organization (SOCSO) Introduction The Social Security Organization is an organization set up to administer, enforce and implement the Employees' Social Security Act, 1969 and the Employees' Social Security (General) Regulations 1971. The Social Security Organization provides social security protection by social insurance including medical and cash benefits, provision of artificial aids and rehabilitation to employees to reduce the sufferings and to provide financial guarantees and protection to the family. SOCSO is the abbreviation for Social Security Organization. It is commonly known in the Malay term as PERKESO or Pertubuhan Keselamatan Sosial. Role of SOCSO Prioritising the interest of the nation and the organisation at all times Providing fair, precise, fast, economical and quality services to its clients Improving the skills and expertise of SOCSO personnel and utilising advanced technology to upgrade its services Ensuring the sustainability of the Social Security Fund Fostering goodwill and noble values amongst SOCSO contributors Cooperating with all parties involved in Social Security

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References http://www.skcct.com/OSHA%20Summary.htm http://www.mtuc.org.my/osh_act.htm#p4 http://www.mtuc.org.my/osh_act.htm#p6 https://docs.google.com/viewer?url=http%3A%2F%2Fwww.agc.gov.my%2FAkta%2F Vol.%25203%2FAct%2520139.pdf http://www.dosh.gov.my/doshv2/index.php?option=com_content&view=article&id=83 %3Afunction&catid=39%3Adosh-profile&Itemid=90&lang=en http://wiki.answers.com/Q/What_is_the_role_of_NIOSH_in_malaysian http://my.jobsdb.com/MY/EN/V6HTML/JobSeeker/handbook/regulation-ofemployment/SOCSO.htm

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