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UNDERSTAND o.s.h. ACT & REGULATIONS

OSHA 1994
Salient Provision


Regulations under
OSHA 1994

Safety & Health Committee

Chemicals Safety - Supplier Responsibilities

Chemicals Safety - Employer Responsibilities

Accident Reporting

 

OCCUPATIONAL Safety & HEALTH ACT 1994


Introduction

OSHA was enforced in Malaysia on the 25th February 1994, to secure the safety, health and welfare of persons at work and for protecting other person against risks to safety or health in connection with activities of persons at work.

OSHA 1994 is based on the SELF REGULATION approach, that is the primary responsibility to ensure safety and health at work lies with those who create the risks (employer) and those who work with the risks (employees).

The concept of self-regulation encourages consultations, cooperation and participation of workers and management in efforts to upgrade the standard of safety and health at the workplace.


Employer Responsibilities

OSHA requires you as an employer to provide the following :

(Section 15)

1. Safe machine, equipment, tools and substances

2. Safe place and environment to work
    
such as good lighting; good ventilation; clean and tidy work area;

3. Safe systems of work
    
such as SOP; work instruction & procedure; safety rules;

4. Adequate welfare facilities
   
such as toilets, meal rooms and first aid.

5. Information, instruction, training and supervision

Penalty for failure to comply is :
RM 50,000 or 2 YEARS IMPRISONMENT or BOTH

6. Safety & Health Policy
(Section 16)
Formulate safety and health policy :

  • To prepare the written statement;

  • Appropriately revise a written statement;

  • The organisation and arrangements for carrying out that policy;

  • Revision of policy; and

  • Notify the employees.

7. Medical Surveillance
(Section 28)
A
rrange for medical surveillance or examination for employee who are at risk of injury to the health due to the nature of the process or other conditions of work.

8. Safety & Health Officer
(Section 29)

Employ a competent person to act as a Safety & Health Officer (SHO) at the place of work.

9. Safety & Health Committee
(Section 30)

Established a safety & health committee at the place of work, if :

  • there are forty or more persons employed at the place of work; or

  • Instruction from the Director General of DOSH.

10. Notification of Accidents & Dangerous Occurrence
(Section 32)

Notify to DOSH of any :

  • accident,

  • dangerous occurrence,

  • occupational poisoning, or

  • occupational diseases,

    which has occurred or is likely to occurred.


Employee Responsibilities
(Section 24)
The Act requires you :

  • to take reasonable care at work for the safely of yourself and other persons.

  • to cooperate with the employer or any other person in the in charge of any duty, under the act or regulations.

  • to wear or use any protective equipment and clothing.

  • to comply with any instruction or measure on occupational safely and health as required under the Act or regulations.

    Penalty for failure to comply is:
    RM 1,000 or 3 MONTHS IMPRISONMENT or BOTH

 

 Regulations under OSHA 1994

 

Safety And Health Committee
(under Safety And Health Committee Regulations 1996)
 

Every Employer shall established a safety & health committee at the place of work, if :

  • there are 40 or more persons employed at the place of work; or

  • Instruction from the Director General of DOSH.

Membership Of Committee

  • Chairman - employer or manager;

  • Secretary - advisor to the committee;

  • Employer Representatives -
    At least two representatives if less than 100 persons employed,
    At least four representatives if more than 100 persons employed.

  • Employee Representatives -
    At least two representatives if less than 100 persons employed,
    At least four representatives if more than 100 persons employed

Appointment of Members

  • Employer shall invite employees to nominate their representatives;

  • In the case of no or insufficient number of representatives, employer can appoint the sum that needed.

  • Shall represent various section of work place.

  • Any vacancy shall be replaced in the same manner as the previous member.

  • Employer shall not penalize the members in any matter for being absent from his normal duties at work while carrying out his duties as a committee.

Removal Of Members

  • Fail to attend 3 consecutive meeting;

  • Has been found or declared to be of unsound mind;

  • Bankruptcy;

  • No longer employed at that place of work;

  • Has been convicted on a charge involving the offence of occupational safety, criminal, fraud, dishonesty or moral; or

  • Unable or incapable of discharging his duties as a member of the committee.

Specific Function of Safety Committee

  • Assist in development of rules and systems.

  • Assist in development and review of safety & health programs.

  • Perform analysis of incident trends and statistics.

  • Review and recommend amendments to safety & health policies.

  • Perform inspections at work place and recommend preventive and corrective measures.

  • Perform immediate investigation of accidents, near-miss accident, dangerous occurrence, occupational poisoning or occupational diseases occurred at workplace.

  • Investigates complaints of unsafe or unhealthy practices and report to employer with recommendations for corrective actions.

  • Assists in the development of promotional and education programs.

  • Discusses reports and matters from the safety officer, enforcement officer, etc.

  • Advises the employer on safety and health matters.


Chemicals Safety - Supplier Responsibilities
(under Classification, Packaging and Labeling of
Hazardous Chemicals Regulations 1997)


1. Classification Of Chemicals
A supplier shall classify a hazardous chemical according to the specific nature of the risk involved based on the categories of hazards.

2. Packaging
A supplier shall ensure that a hazardous chemical is supplied in packaging which satisfies the following requirement :

  • If the packaging is a container, the container must be so designed and constructed so that the contents cannot escape unless there is a requirement for it;

  • The packaging materials are not susceptible to adverse effect by the contents;

  • The packaging and fastening (if provided) are strong and sturdy to meet the normal stress and strain of handling

  • Containers with replaceable fastening devices are so designed that the packaging can be repeatedly fastened without the contents escaping;

A supplier must also ensure that once any package which is initially closed with a seal is opened, the seal is broken and cannot be repaired.

3. Labeling
A supplier must also ensure that every packaging is labeled clearly. The label should contained the following information:

  • The name of the hazardous chemicals;

  • The name, address and telephone number of the supplier;

  • The danger symbol and indication of danger

  • The nature of risk associated with the chemical; and

  • The safety precautionary measures.

4. MSDS
A supplier shall furnish an up-to-date Chemical Safety Data Sheet (CSDS) for each hazardous chemical supplied.


Chemicals Safety - Employer Responsibilities
(under Use And Standards Of Exposure Of
Chemicals Hazardous To Health Regulations 2000)
 

  1. Identification Of Chemicals Hazardous To Health
    -
    all chemicals used at the place of work shall be identified and recorded in a register by the employer. The register shall be accessible to all employees at the place of work who may be affected by the chemicals.

  2. Assessment of Risk To Health -
    Arrange for assessment of risk to health (Chemical Health Risk Assessment - CHRA) to be carried out by a registered assessor.

  3. Labeling And Relabeling -
    All hazardous chemicals supplied or purchased and all containers in use at the place of work are properly labelled.

  4. Information, Instruction And Training -
    Provide information, instruction and training to all employees who may be exposed or is likely to be exposed to a hazardous chemicals.

  5. Arrange for Monitoring Of Exposure At The Place Of Work

  6. Health Surveillance -
    Carry out a health surveillance programme where an assessment (CHRA) indicates that health surveillance is necessary.

  7. Warning Sign -
    Posted Warning Sign at every entrance of the area to warn persons entering the area of the hazards.


Accident Reporting
(under Notification Of Accident, Dangerous Occurrence,
Occupational Poisoning And Occupational Disease Regulations 2004
)
 

1. Notification and reporting of accident and dangerous occurrence.

Whenever any accident arising out of or in connection with work which caused any person either :

  • death; or

  • serious bodily injury, which prevents the person from following his normal occupation for more than four calendar days, or

  • dangerous occurrence takes place in any place of work,

the employer shall :

  • notify the nearest DOSH office by the quickest means available (form JKKP 6 or 9; and

  • send a report thereof in an approved form within 7 days (form 7 or 10).

2. No interference at accident or dangerous occurrence scene

No one shall remove or in any way interfere with or disturb any plant, substance, article or thing related to the accident or incident except to the extent necessary to :

  • save the life of, prevent injury to, or relieve the suffering of any person;

  • maintain the access of the general public to an essential service or utility; or

  • prevent further damage to or serious loss of property or environment.

3. Records

Every employer shall :

  • record and maintain a register of all accidents, dangerous occurrences, occupational poisonings or occupational diseases which have occurred (form JKKP 8).

  • send to the DOSH before 31 January of each year, such extracts from the registry for a period of 12 months ending on 31 December of each year.

  • kept the record for at least 5 years from the date on which it was made.