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1.

0 Introduction
OSHA was created by the Occupation Safety and Health Act of December 29, 1970. It
is mandated to prevent on-the-job accidents and injuries in US factories and other industries.
Congress enacted the Occupational Safety and Health Act of 1970 which created the
Occupational Safety and Health Administration (OSHA). Its mission is to help employers
and employees reduce on the job injuries, illnesses and deaths.
The main purpose for OSHA is to ensure that employers provide employees a place of
employment free from recognized hazards. But OSHA also investigates whistle-blower
complaints of discriminitation or retribution under some 20 different statutes, many not
related to workplace safety
OSHA directs national compliance initiatives in occupational safety and health. Through the
methods described below, OSHA helps business protect their workers and reduce the number
of workplace deaths, injuries and illnesses. When employees stay safe and healthy, companies
can reduce workers compensation insurance costs and medical expenses, decreased payout
for return-to-work programs, reduce faulty products, and lower costs for job accommodations
for injured workers. Indirectly, additional benefits such as increased productivity, lower
training costs due to fewer replacement workers and decreased costs for overtime have also
been attributed to OSHAs research and guidance.
Since 1970, workplace deaths have been cut by more than 60 percent and occupational
injuries and illnesses have declined 40 percent. In addition OSHA has conducted almost
39,000 inspections & issued over 85,000 citations for safety violations, and has assisted
businesses with its Consultation Program by making over 31,000 visits to employers.
2.0 What is the purpose and scope of the occupational safety and health act?
Section 4, the purpose and scope OSHA Act 1994 are to secure the safety, health and
welfare of persons at work against risks to safety or health arising out of the activities of
persons at work, to protect persons at a place of work other than persons at work against risks
to safety or health arising out of the activities of persons at work and to promote an
occupational environment for persons at work which is adapted to their physiological and
psychological needs. Next, 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.
Section 2, the purpose and scope OSHA Act of 1970 to regulate commerce among the
several States and with foreign nations and to provide for the general welfare, 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 by encouraging employers and employees in
their efforts to reduce the number of occupational safety and health hazards at their places of
employment and to stimulate employers and employees to institute new and to perfect
existing programs for providing safe and healthful working conditions. Next, to providing
that employers and employees have separate but dependent responsibilities and rights with
respect to achieving safe and healthful working conditions, authorizing the Secretary of
Labor to set mandatory occupational safety and health standards applicable to businesses
affecting interstate commerce, and by creating an Occupational Safety and Health Review
Commission for carrying out adjudicatory functions under the Act, building upon advances
already made through employer and employee initiative for providing safe and healthful
working conditions. Besides that, to providing for research in the field of occupational safety
and health, including the psychological factors involved, and by developing innovative
methods, techniques, and approaches for dealing with occupational safety and health
problems, exploring ways to discover latent diseases, establishing causal connections
between diseases and work in environmental conditions, and conducting other research
relating to health problems, in recognition of the fact that occupational health standards
present problems often different from those involved in occupational safety, providing
medical criteria which will assure insofar as practicable that no employee will suffer
diminished health, functional capacity, or life expectancy as a result of his work experience,
providing for training programs to increase the number and competence of personnel engaged
in the field of occupational safety and health, providing for the development and
promulgation of occupational safety and health standards, providing an effective enforcement
program which shall include a prohibition against giving advance notice of any inspection
and sanctions for any individual violating this prohibition, encouraging the States to assume
the fullest responsibility for the administration and enforcement of their occupational safety
and health laws by providing grants to the States to assist in identifying their needs and
responsibilities in the area of occupational safety and health, to develop plans in accordance
with the provisions of this Act, to improve the administration and enforcement of State

occupational safety and health laws, and to conduct experimental and demonstration projects
in connection therewith, providing for appropriate reporting procedures with respect to
occupational safety and health which procedures will help achieve the objectives of this Act
and accurately describe the nature of the occupational safety and health problem, and
encouraging joint labor-management efforts to reduce injuries and disease arising out of
employment.
3.0 What is specific duties imposed on employers under the Occupational Safety and
Health Act?.
Mondy (2014) state that employers have a responsibility under the general duty clause
of the Occupational Safety and Health Act to furnish a workplace free from recognized
hazards that are causing or are likely to cause death or serious physical harm.
Goetsch & Zuraida Hassan (2013) said that the government introduced new
legislation on Occupational Safety and Heath namely Occupational Safety and Health Act
1994 (Act 514). The act explains the major responsibilities of employers.
Duties of employers and self-employed persons to persons other than their employees
Part IV provides for general duties of employers and self employed persons to their
employees (section 15) and to persons other than the employees (section 17). The duties of an
occupier of a place of work to person other than his employees are stated in section 18 of the
Act.
Section 15 is one of the most important sections in the Act. It states the general duties of
employers and self employed persons to their employees.
Section 15 It shall be the duty of every employer and every self-employed person, in the
prescribed circumstances and in the prescribed manner, to give to persons, not being his
employees, who may be affected by the manner in which he conducts his undertaking,
the prescribed information on such aspects of the manner in which he conducts his
undertaking as might affect their safety or health.

This subsection provides for the duty of every employer to ensure safety, health and
welfare at work of all his employees. However in carrying out this duty the terms so far as is
practicable has been used.

The provision and maintenance of plant and systems of work that are, so far as is
practicable, safe and without risks to health
This subsection requires the employer to provide and maintain plant and system of
work that is safe and without risks to health. Provision: means to provide, to supply or to
make available,Maintenance is work that is done regularly to keep a machine, building or
piece of equipment in good condition and working order.
The scope of the term depends upon the context in which it is found. It may involve
keeping something in efficien working order as well as in good repair. Maintenance may be
of preventive nature so as to guard against a thing falling into disrepair. Systems in the
workplace also need to be maintained. Plant is as interpreted in the Act includes any
machinery, equipment, appliance, implement or tool, any component and anything fitted,
connected or appurtenant. Appurtenant are accessories to machines and equipment.Safe
system of work is a system or mode of work which under the circumstances make adequate
provision for the safety of employees and which, if carried out with reasonable care, will
protect the employees from foreseeable risks of injury. For example, before a new system is
introduced those whom they will affect should be instructed as to their purposes, trained as to
their implementation and thereafter monitored to ensure that the systems put in place are
actually employed in practice

Section 16. Duty to formulate safety and health policy


Except in such cases as may be prescribed, it shall be the duty of every employer and
every self-employed person to prepare and as often as may be appropriate revise a written
statement of his general policy with respect to the safety and health at work of his employees
and the organization and arrangements for the time being in force for carrying out that policy,
and to bring the statement and any revision of it to the notice of all of his employees. Under

this section, the duty to formulate safety and health policy shall apply to all employers or self
employed persons except those who have undertaking of not more than five employees which
have been stated in Occupational Safety and Health (Employers Safety and Health General
Policy Statements) (Exception) Regulations 1995. Employers are required to prepare a
written statement of their occupational safety and health policy, organization and
arrangements to carry out the policy.
There are three components to this policy, A general policy statement of employers
commitment to safety and health outlining the overall philosophy and intent, A statement of
the organization for carrying out that policy- in hierarchical management structures- showing
safety and health responsibility, Employees involvement in formulating and reviewing the
policy has been clearly stipulated in the Occupational Safety and Health (Safety and Health
Committee) Regulations 1996. Policy should be written in language easily understood by the
employees. Every employee should be given a copy of the policy statement and new
employees can be given a copy during induction training. Safety and health training carried
out by employers should include information on the policy. To ensure that the policy is
brought to the attention of the employees, the written policy should be displayed at strategic
places in the workplace for example the main entrance, general notice boards, meeting rooms
etc, so that it can be seen and read by all employees. Since there will be changes in most
organizations in terms of hazards, control measures and personnel in charge, employers are
therefore required to review the policy periodically. It needs to be signed and dated by the
employer (chief executive officer).
Hence the employer and self-employed person have a duty towards persons other than their
employees that include their contractors, employees of contractors or other employers
employees temporarily visiting the premises, visitors/customers to the premises, Department
of Occupational Safety and Health officers, sales person, family members and members of
the public (school groups) both on his premises and within the vicinity.
Persons who are authorized to enter premises should be considered as visitors and are
covered under this Act. Those who enter the premises without permission are considered as
trespassers and are not covered under this section. Under the Law of Tort, trespassing
children are covered if there is an element of allurement in the area.

Contractors themselves are responsible to ensure the safety and health of their
employees and others entering the premises. Generally, the standard of protection required for
visitors and others within a workplace will be similar to that given to employees. For
example, machinery and substances should be used in such a way as to ensure the safety of
employees, and also be sufficient to ensure the safety of non-employees.
Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations
1996 has illustrated clearly duties of employer or occupier to persons outside or surrounding
premises. They are required to take preventive measures in order to ensure safety of their
operations. Among others, they need to have an emergency response plan and provide
information (as listed in Schedule 3 of the regulations) to the public.

Section 17. Duties of an occupier of a place of work to persons other than his employees
An occupier of non-domestic premises which has been made available to persons, not
being his employees, as a place of work, or as a place where they may use a plant or
substance provided for their use there, shall take such measures as are practicable to ensure
that the premises, all means of access there to and egress there from available for use by
persons using the premises, and any plant or substance in the premises or provided for use
there, is or are safe and without risks to health.
Under the Act, an occupier in relation to a place of work, means a person who has the
management or control of the place of work. Based on Osborns Law Dictionary, an occupier
means a person who exercises physical control or possession of land and who has the actual
use of land.
Under this subsection the duty of the landlord or any other person who leases or rents
non domestic premises as a place of work or as a place where they may use plant or
substances on the site is spelt out. This duty is owed to persons who are not his employees
but who go to their premises as a place of work or use plant or substances provided for their
use there. In most cases, the employer is the occupier of a place of work.

4.0

How does the Department of Occupational Safety and Health enforce the
Occupational Safety and Health Act?
The Department of Occupational Safety and Health (DOSH) is a department under the

Ministry of Human Resources. This department is responsible for ensuring the safety, health
and welfare of people at work as well as protecting other people from the safety and health
hazards arising from the activities sectors which include, manufacturing, mining and
quarrying, construction, hotels and restaurant, agriculture, forestry and fishing, transport,
storage and communication, public services and statutory authorities, utilities, gas, electricity,
water and sanitary services, finance, insurance, real estate and business services, wholesale
and retail trades. As a government agency, the department is responsible for the
administration and enforcement of legislations related to occupational safety and health of the
country, with a vision of becoming an organisation which leads the nation in creating a safe
and healthy work culture that contributes towards enhancing the quality of working life.
The Department of Occupational Safety and Health established at a place of work
pursuant to shall keep under review the measures taken to ensure the safety and health of
persons at the place of work, shall investigate any matter at the place of work for which a
member of the committee or a person employed thereat considers is not safe or is a risk to
health and which has been brought to the attention of the employer; shall attempt to resolve
any matter problem about safety and health and, if it is unable to do so, shall request the
Director General to undertake an inspection of the place of work for that purpose
It is the policy of the Department of Occupational Safety and Health to provide a safe
and healthy work environment for all its employees and protect others who may be affected
by its activities. The management and staff will work together to achieve the aims and
objectives of this policy through discussion or negotiation (conference) and cooperation.
Specifically, the department policy comprises the following objectives, to prepare and
preserve a workplace with a safe and healthy working system, to ensure that all staff are
provided with the relevant information, instruction, training and supervision regarding
methods to carry out their duties in a safe manner and without causing any risk to health, to
investigate all accidents, diseases, poisonous and/or dangerous occurrences, and to have
action to ensure that these occurrences will not be repeated, to comply with all requirements
of legislations related to safety and health as stated in the Occupational Safety and Health Act

1994, as well as regulations and codes of practice which have been approved provide basic
welfare facilities to all workers and to revise and improve on this policy whenever necessary.
Occupational Safety and Health is without any doubt certain that safety and health
must be an integral part of our daily activities, and that the proper practice of safe and healthy
working procedures would be the main factor in achieving the success of our mission.
Department of Occupational Safety and Health offers a wide selection of training courses and
educational programs to help broaden worker and employer knowledge on the recognition,
avoidance, and prevention of safety and health hazards in their workplaces. OSHA also offers
training and educational materials that help businesses train their workers and comply with
the Occupational Safety and Health Act.
The OSHA Outreach Training Program provides training for workers and employers
on the recognition, avoidance, abatement, and prevention of safety and health hazards in
workplaces. The program also provides information regarding workers' rights, employer
responsibilities, and how to file a complaint. This is a voluntary program and does not meet
training requirements for any OSHA standards. Through this training, Occupational Safety
and Health (OSHA) help to ensure that workers are more knowledgeable about workplace
hazards and their rights, and contribute to our nation's productivity.
The department also provides information and guidance to employers, employees and
the public on the importance of complying with all occupational safety and health legislation.
In the effort to improve occupational safety and health awareness among workers, employers,
and customers, the Department disseminated information and provided guidance pertaining to
the safety and health legislation. This was to ensure compliance to all occupational safety and
health laws. Among the publicity and promotional activities conducted by DOSH include
giving talks and explanations as well as training on occupational safety and health, organising
campaigns and exhibitions on occupational safety and health, providing expertise on
occupational safety and health to public agencies, the private sector, associations of
employers and employees as well as professional bodies and collecting and providing
informational materials on occupational safety and health for reference, lending, and
dissemination.

5.0 List out and describe activities which employers can carry out to reduce the number
of accidents at the workplace.
Employers should take whatever steps necessary to ensure the safety and health of
workers. It is employer job to help protect you employees from accidents that threaten their
work and wellbeing. To prevent accidents, employers should establish a health and safety
management system that incorporates risk assessment, risk management and monitoring
procedures. There are numerous activities which employers can carry out to reduce the
number of accidents at the workplace such as hazard identification, analysis and control,
communication, accident investigation and enforcement of safety and health programs.
First of all, employers must to identify, analyse and control workplace hazards. This
include hazards that currently exist in the workplace and those that may occur due to future
changes, such as the introduction of new equipment, processes or materials, or revision of
existing procedures. There are several methods employers can use to identify hazard. Some
rely solely on walk around inspections by first-line supervisors, management or safety
committees, others go through formal hazard analyses of different parts of the operation and
some use a combination of methods. Regardless of the methods used, the best hazard
identification methods combine expert opinion about safety and health hazards with input
from either a cross-disciplinary team or at least one employee who works directly with the
process or equipment in question. At least some of the individuals involved in hazard
identification should be trained in hazard recognition. Inspection should be done on a regular
basis to identify both newly developed hazards and those previously missed. Employers
should also consider the value of periodic industrial hygiene monitoring and sampling for
agents such as hazardous substances, noise and heat. Checklists can serve as a good starting
point for organisations to assist employers and employees identify workplace hazards. Some
checklists identify the most common hazards associated with a specific industry or process,
while others cover a wide variety of workplace.
Next, communication is the most important. A written safety and health program is
just words on paper if management and employees are not aware of it and do not understand
it. Furthermore, if employees are afraid to discuss safety and health concerns with
management or have no clear method of reporting their concerns to management, safety and
health hazards can go undetected. Communication can take several forms. One of the
commonly used methods is training, safety training should go beyond the minimum required

by OSHA regulations, such as Employee Right-To-Know. Supervisors should receive at least


as much safety and health training to their work. Training content must cover emergency
procedures as well as normal day-to-day activities.
Other than that, accident investigation is a key of component of a safety health
program. The goal of an accident investigation should be hazard identification and
prevention. It should not be to affix blame. Accident investigations should be a team effort,
including supervision. At least one member of the team should be familiar with the process or
equipment involved in the incident. Any contractors that were involved in the incident should
also be represented on the team. Each investigator should have a clearly defined tasks for
which he or she is responsible. It is preferable the team members have training about accident
investigation prior to an accident. The team members should also be briefed at the beginning
of the investigation, including a description of conditions and also a list of witnesses. After
the team has been selected and briefed, the investigation should begin in an orderly fashion
according to a predetermined procedure. The goal is to identify the causes of the accident and
determine how to eliminate one or more of these causes to prevent another accident.
Last but not least, safety rules need to be enforced. Supervisors must monitor
employees to assure engineering controls and personal protective equipment are correctly
used and procedure are correctly followed. Supervisors should be trained to reinforce positive
behaviour, yet correct negative actions and attitudes. OSHA has long-believed safe work
practices are not effective if their use is not enforced and, typically, the employer is
responsible if the organisation does not enforce its own rules. Upper management should
support and encourage supervisor attempts to fairly and equally enforce rules. If workplace
rules are not enforced, they cease to have meaning. Enforcement of safe work practices
should be fair, consistent throughout the organisation and based on established policy.
Management and supervision should be conscious of the examples they set for the workplace
and should obey the same rule as the rest of the workforce.
In the conclusion, although employer are responsible for creating a safe work
environment, it is also workers responsibility to take an active role in maintaining safety.

6.0

Conclusion
Occupational safety and health (OSH) also commonly referred to as occupational

health and safety (OHS) or workplace health and safety is an area concerned with
the safety, health and welfare of people engaged in work or employment. The goals of
occupational safety and health programs include fostering a safe and healthy work
environment. OSH may also protect co-workers, family members, employers, customers, and
many others who might be affected by the workplace environment. In the United States the
term occupational health and safety is referred to as occupational health and occupational and
non-occupational safety and includes safety for activities outside work.
Occupational safety and health can be important for moral, legal, and financial
reasons. In common-law jurisdictions, employers have a common law duty (reflecting an
underlying moral obligation) to take reasonable care for the safety of their employees. Statute
law may build upon this to impose additional general duties, introduce specific duties and
create government bodies with powers to regulate workplace safety issues, details of this will
vary from jurisdiction to jurisdiction. Good OSH practices can also reduce employee injury
and illness related costs, including medical care, sick leave and disability benefit costs.

7.0

REFERENCES

Goetsch, D. L.,& Zuraidah Hassan. (2012). Managing workplace hazards. Selangor: Pearson.
Goetsch D. L & Zuraida Hassan (2013), Managing workplace hazards. Malaysia: Pearson.
Mondy, R. W., & Mondy J. B. (2014). Human resource management. Edinburgh, England:
Pearson Education Limited.
The Offical Portal of Department Occupational Safety and Health, Ministry of Human
Resources.

(2013).

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