 Construction is a noisy, hazardous and

sometimes the most uninhabitable work

place one can ever be exposed to.
 It is also an industry that contributes
persistently to high accident rates;
especially fatalities.
 Everything that is taboo in the safety
practitioner’s book can be found in the
construction site.
 For example, employees are easily exposed to
hazardous substances such as paints, thinners,
glues, varnishes, asbestos, and also to toxic
agents mainly from underground work.
 Sites can easily accumulate debris which can be
a fire hazard or a health hazard.
 Drilling and excavation work can cause
accidental fires or even explosion. Working at
height can result in debris falling on workers or
even workers falling from heights
 The construction site indeed versatile and accident
are increasing both in absolute terms and by
percentage.
 Take for example the statistic on permanent
disablement cases in the construction sector, which
has risen from 190 in 1991 to 305 in 1993. The
appalling safety record is a clear indication that
things are not right, and something has to be done
about the construction site.
 We shall now look at issues of why managing safety
and health is necessary, and how it can be achieved?
OCCUPATIONAL SAFETY AND
HEALTH ACT 1994 (ACT 514)
Who Does This Act Protect?

 This Act clearly defines the general

duties of employers and self-employed
person - Section 15

 Section 18 of the Act defines the duties of

an occupier of a place of work to persons
other than his employees.
The aims of this Act 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 person 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

 to promote an occupational environment for persons at work which is

adapted to their physiological and psychological needs

 to provide the means whereby the associated occupational safety and

health legislation 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.
 The Occupational Safety and Health Act 1994 is enforced by the
Department of Occupational Safety and Health (DOSH), a
government department under the Ministry of Human Resources
Malaysia.

 Department of Occupational Safety and Health (DOSH) will ensure

through enforcement and promotional works that employers, self-
employed persons, manufacturers, designers, importers, suppliers
and employees always practice safe and health work culture, and
always comply with existing legislation, guidelines and codes of
practice.

 Department of Occupational Safety and Health (DOSH) will also

formulate and review legislation, policies, guidelines and codes of
practice pertaining to occupational safety, health and welfare as a
basis in ensuring safety and health at work.
 Department of Occupational Safety and Health (DOSH) is also the
secretariat to National Council for Occupational Safety and Health,
a council established under section 8 of the Occupational Safety
and Health Act 1994.

 The National Council for Occupational Safety and Health shall

have power to do all things expedient or reasonably necessary for
or incidental to the carrying out of the objects of this Act.
 All employers with more than 5 employees are required by the
legislation to formulate a written Safety and Health Policy.

 The object of the Safety and Health Policy is to demonstrates the

company's commitment and concern to ensure safety and health at
place of work. When making decision or performing work
activities of the organization, issues on safety and health stated in
the policy must be taken into account.

 Safety and Health Committee

The main contractor of a worksite in which 40 or more persons
are for the time being employed (whether by him or by other
contractors employed by him or the client) shall establish a safety
and health committee (on which both employees and management
are represented) for the purpose of keeping under review
conditions in the worksite which may effect the safety and health
of the persons employed therein or the public. (Section 30,
Occupational Safety and Health Act 1994, Occupational Safety and
Health (Safety And Health Committee) Regulations 1997)
 The Occupational Safety and Health Act 1994 specifies
the general duties of employers, self-employed
persons, manufacturers, designers, suppliers and
employees.

 Among the provisions of the Act is the establishment of

the safety and health committee, the appointment of a
safety and health officer and the enforcement,
investigation and offenses.
The employer

The employee

The safety officer

 As an employer, you have duties to your
employees and to persons other than
your employees.

 The general duties of employers and self-

employed persons are stated in Part IV
of the Occupational Safety and Health
Act 1994.
(a) the provision and maintenance of plant and systems of work that
are, so far as is practicable, safe and without risks to health;
(b) the making of arrangements for ensuring, so far as is practicable,
safety and absence of risks to health in connection with the use or
operation, handling, storage and transport of plant and
substances;
(c) the provision of such information, instruction, training and
supervision as is necessary to ensure, so far as is practicable, the
safety and health at work of his employees;
(d) so far as is practicable, as regards any place of work under the
control of the employer or self-employed person, the maintenance
of it in a condition that is safe and without risks to health and the
provision and maintenance of the means of access to and egress
from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his
employees that is, so far as is practicable, safe, without risks to
health, and adequate as regards facilities for their welfare at work.
The duty of employee at work:
 to take reasonable care at work for the safety of yourself and
other persons
 to cooperate with employer or any other person in the
discharge of any duty, under the Act or Regulations
 to wear or use at all times any protective equipment and
clothing provided by the employer for the purpose of
preventing risks to the safety and health
 to comply with any instruction or measure on occupational
safety and health as required under the Act or Regulations
 A safety and health officer shall advise
employer on the measures to be taken in
the interests of safety and health at place
of work.
 An occupational safety and health officer
shall take all reasonable steps to notify the
employer and the safety and health
committee of the entry.

 The occupational safety and health officer

shall produce on demand to the employer
or any person in charge of a place of work a
certificate of authorization issued by the
Director General of the Occupational Safety
and Health.
 Where an officer is satisfied upon information received
that he has reasonable grounds for believing that, by
reason of delay in obtaining a search warrant, any
article or part thereof in a place of work or residential
place used to commit or intended to be used to commit
an offence under the Occupational Safety and Health
Act 1994 or any regulation made there under is likely to
be removed or destroyed, he may enter the place of
work or residential place without a warrant and seize or
seal the article or part thereof found therein
 Must have 3 year experience, pass 4 exam
papers then can get GREEN BOOK, must collect
CPD and renew every 3 years
 Depending on type of industries, 200 employees
(IWK), construction RM2 million above, if less but
more than 5 staffs must have SAFETY AND
HEALTH COMMITTEE
 The safety committee will be checked by DOSH
officers from time to time. Show written Safety
and Health Policy, procedures, minutes of
meeting, safety drills, etc
 Section 15, 18,19, 20, 24 of the OSHA.
 National
Institute Of Occupational Safety
And Health (NIOSH)
- under Ministry Of Human Resources
Malaysia
- Provide training courses
 NationalInstitute of Occupational
Safety and Health (NIOSH)
• Course Programmes
 1. Safety and Health Officer SHO
 2. Safety and Health Officer (Part Time)SHOP
 3. Safety and Health Officer (Modular)SHOM
 4. Chemical Health Risk Assessment CHRA
 5. Legislative Requirement For Hazardous Chemicals
 6. Control of Chemicals Hazardous To Health
 7. Industrial Hygiene Technician (Chemical Monitoring)IHT
 8. Industrial Hygiene Technician (Inspection, Testing and
Examination of Engineering Control Equipment)IHT 2
 9. Monitoring of Noise Exposure MNE
 10. Indoor Air Quality Assessor IAQ
 11. Occupational Health Doctor OHD
 12. Occupational Health Nurse OHN
 13. Safe Handling of Forklift Truck SHFT
 14. Safe Handling of Forklift Truck Refresher SHFTR
 15. Basic Occupational First Aid BOFA
 16. Basic Offshore Occupational First Aid OSFA
 17. Authorised Entrant and Standby Person for Confined Space
 18. Authorised Gas Tester and Entry Supervisor for Confined
Space
 19. Confined Space Safety (Trainer’s Program)CS-TTT
 20. Working Safely at Height WAH
 21. Safety Induction for Construction Worker (Trainer’s
Programme)SICW
 22. Site Safety Supervisor SSS
 23. Train The Trainer TTT1
 24. Training Management for Business TTT2
 25. Inert Space Entry Refresher IETR
 26. Basic Rigging and Slinging BRS
 27. Working At Height Refresher WAHR
 28. Confined Space Rescue and First Response CSR
 29. High Pressure Water Jetting HPWJ
 30. Inert Space Entry Training IET
 31. Basic Scaffolding
at KL Eco City here after
KUALA LUMPUR, Nov 30 ― The Department of Occupational Safety and Health
Malaysia (DOSH) has issued a stop-work order on construction at KL Eco City here after
the collapse of an incomplete pedestrian bridge that killed one worker and hurt five others
today.
National news agency Bernama reported DOSH director-general Datuk Mohtar Musri
saying the stop-work order was on construction on the building located at Abdullah
Hukum as well as the pedestrian bridge, to enable full investigations into the incident.
“The probe has to be carried out to determine whether there was negligence or use of
substandard building materials,” he was quoted saying.
Bernama further reported Mohtar saying the stop-work order was temporary, but added
that action could be taken under Section 15 of the Worker Safety and Health Act 1994,
which carries a maximum jail term of two years and a maximum fine of RM30,000 upon
conviction for negligence.

http://www.themalaymailonline.com/malaysia
 Thank you!

References:

 http://www.lawyerment.com.my/library/doc/empl/osha/
 http://www.osha.gov/pls/oshaweb/owastand.display_stand
ard_group?p_toc_level=1&p_part_number=1926
 http://www.cookstown.gov.uk/business/environmentalhealt
h/healthandsafety/accidentsandemergencies/#d.en.60
 http://dosh mohr gov my