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Legal requirements of Occupational Safety and Health

Legal requirements of Occupational Safety and Health. Occupational Health EOH3202 Dr. Emilia Zainal Abidin Environmental & Occupational Health Faculty of Medicine and Health Sciences University Putra of Malaysia. Human Right.

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Legal requirements of Occupational Safety and Health

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  1. Legal requirements of Occupational Safety and Health Occupational Health EOH3202 Dr. Emilia ZainalAbidin Environmental & Occupational Health Faculty of Medicine and Health Sciences University Putra of Malaysia

  2. Human Right • The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being • As defined by WHO

  3. Legal standing

  4. Malaysia: Evolution of OH Law Occupational safety – Boiler inspector in the 20th century Early legislation – Machinery safety FMA Regulations 1.notifiable industrial disease 2.lead 3.asbestos 4.noise 5.mineral dust Factory & Machinery Act 1967 Employees’ SOCSO Act 1969 Chemical & safety awareness increased due to Bhopal 1984 & bright sparkler incidence 1991 OSHA 1994

  5. Social Security Organisation OH related Law in Malaysia – under the Ministry of Human Resources Department of Occupational Safety and health Factory and Machinery Act or FMA and Regulations Occupational Safety and Health (OSHA) 1994 and Regulations – could be downloaded at http://www.agc.gov.my/Akta/Vol.%2011/Act%20514.pdf Employees’ Social Security Act 1969

  6. Factory and Machinery Act 1967 • Prescriptive in nature and very specific • Approach: traditional checklist and stressing on enforcement • Coverage: manufacturing, construction, mining and quarrying work (23% workforce) • Purpose: prevent occurrence of occupational accidents and disease at specified workplaces

  7. FMA and Regulations – health related • FMA 1967 • Notifiableindustrial diseases – in the 3rd schedule • Lead regulations 1984 • Asbestos process regulations 1986 • Noise exposure regulations – 1989 • Mineral dust regulations 1989

  8. Area covered in FMA regulations • Standard • Action level and Permissible Exposure Limit or PEL • Control measures • Engineering, administrative and PPE • Surveillance • Exposure monitoring – ambient and biological sampling • Medical examination – content, frequency, medical removal • Others • Record keeping and penalty

  9. Example 1: Lead regulation 1984 • Medical surveillance • Baseline – exposed > action level • Yearly – blood level > 40 ug/ml • Content: work/medical history, blood pressure, neurological exam, investigation (blood lead, hb, haematocrit, renal profile) • Medical removal protection • Blood lead > 80 ug or average 3 blood sampling > 75 ug • Women of child bearing capacity • Pregnancy and breast feeding

  10. Example 2: Asbestos Process Regulation 1986 • Surveillance: • exposure (personal) monitoring – at interval not longer than 3 months • Medical exam: • frequency: pre employment, 2 yearly • content: history, physical exam, chest x-ray, lung function test • Medical removal: early state of asbestos induced disease

  11. Example 3: Noise Exposure Regulation 1989 • Standard: • Action level: 85 dB (A) • PEL • Continuous >90 dB • Intermittent at any one time – 115 dB • Impulsive – 140 dB • Control measures • Engineering and administrative • Training, warning signs • Hearing protection devices • Exposure monitoring • Audiometric test • Conducted by a competent person • Standard technique • Frequency: yearly, or 2 yearly

  12. OSH Act 1994 • • Need for OSH Act • OSH Act 1994, scope & concept • 1st schedule • Objects of OSHAct • Regulations • Provisions of OSH • • General Duties of Employers and Self-Employed Persons • General Duties of Designers, Manufacturers & Suppliers • • General Duties of Employees • • Liability for Offences • Other provisions of OSH

  13. The Need for OSH Act 1994 Enacted on the 25th of Feb, 1994 on the basis of: Inadequacy of Factory & Machinery Act 1967 on factors pertaining to its: 1. Scope 2. Prescriptive on machinery sector 3. Dependency on government for regulatory processors Statistics on occupational accidents was high: saw the need to reduce rates of accidents arise

  14. Act 514: OSH Act 1994 OCCUPATIONAL SAFETY AND HEALTH ACT 1994 • Provisions for: • Securing the safety, health & welfare of persons at work • Protecting others against risk to S&H due to activities at work • To establish the National Council for OSH & other relevant matter • Act is self-regulatory, based on principles of cooperation and consultation

  15. OSH Act 1994 • Wider scope – covers all workers in all economy related activities (1st schedule) excluding : • Was estimated in 2002, 7 million of working citizens are protected under OSH 1994 (NIOSH 2002) those working on board ships governed by Merchant Shipping Ordinance 1952 Armed forces

  16. Objects of OSHA 1994 • Secure safety, health & welfare of workers • Protect other persons at place of work (visitor, etc.) • Promote occupational environment adapted to physiological & psychological need • Provide system that is flexible to cater rapid change

  17. Act provides for Malaysian Minister to issue regulations to implement OSHA1994 more precisely

  18. Content of OSHA 1994 • National Council for OSH • Department of Occupational Safety and Health • General duties of employers and self-employed • General duties of designers, manufacturers, importers and suppliers • General duties of employees • Safety and health committee at work • Notification • Enforcement and investigation

  19. Under OSHA, the NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH was established • Members consist of - 3 rep from employers organization - 3 rep from employees organization - 3 rep from government - 3 or > rep from professional bodies

  20. Duties of employer & self employed persons

  21. Section 16, 17 & 18 • Provide a safety policy (workers >5) • Ensuring other persons are not exposed to risk from activities at the work place • Disseminating information on aspects of work activities that could affect S&H of others Liable to fine of RM 50k or 2 years of imprisonment or both when contravene with section 15, 16, 17 or 18

  22. “So Far As Is Practicable….” • Severity of hazard or risks involved • Current state of knowledge about the hazard or risk & means to control it • Availability of suitable means to eliminate or reduce the hazard or risk • Cost that is involved

  23. Duties of Designers, Manufacturers & Suppliers – Section 20 • Ensuring design & construction of plant is safe • Carry out tests for the above purpose • Disseminate information on the use of plant Penalty : RM 20kor 2 years of imprisonment or both

  24. General Duties of Employees – Section 24 • Take reasonable care for S&H of himself & other persons • Co-operate with employer in regards to adhering to this act • Wear provided PPEs • Comply with instruction instituted by employer on OSH Penalty : RM 1k or 3 months imprisonmentor both

  25. Other Provisions of OSHA

  26. “There are two kinds of people, those who do the work and those who take the credit. Try to be in the first group; there is a lot less competition there”-Indira Gandhi

  27. Thank you!Questions?

  28. Guidelines under OSHA 1994 • Guidelines for Public Safety and Health at Construction Site 1994 • Guidelines on Occupational Safety and Health in the Office 1996 • Guidelines on First-Aid Facilities in the Workplace 1996 • Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination 1996 • Guidelines on Method of Sampling and Analysis for Airborne Lead 1997 • Guidelines for the Formulation of a Chemical Safety Datasheet 1997 • Guidelines for the Classification of Hazardous Chemicals 1997 • Guidelines for Labelling of Hazardous Chemicals 1997 • Guidelines on Occupational Safety and Health in Tunnel Construction 1998

  29. Guidelines under OSHA 1994 • Garispanduan Pendaftaran Tenaga Pengajar dan Pengendalian Kursus Induksi Keselamatan dan Kesihatan Pekerja Sektor Binaan 2000 • Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health Doctor 2000 • Guidelines for the Preparation of a Chemical Register 2000 • Guidelines on Trenching for Construction Safety 2000 • Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd Edition) 2000 • Guidelines on the Control of Chemicals Hazardous to Health 2001 • Guidelines on Medical Surveillance 2001 • GarispanduanPenyediaanDokumenDemonstrasiOperasiSelamat (Am) 2001

  30. Guidelines under OSHA 1994 cont. • GarispanduanPenyediaanDokumenDemonstrasiOperasiSelamat (Penstoran Gas Petroleum Cecair Di DalamSelinder) 2001 • PanduanBagiPencegahanTekanan Dan Keganasan Di TempatKerja 2001 • Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health 2002 • Guidelines on Occupational Safety and Health for Standing at Work 2002 • Guidelines on Reproductive Health Policy & Programmes at the Workplace 2002 • Guidelines on Occupational Safety and Health in Agriculture 2002 • Guidelines on Occupational Vibration 2003 • Guidelines on Occupational Safety and Health for Seating at Work 2003 • GarispanduanUntukMemohonSebagaiPusatPengajarPegawaiKeselamatandanKesihatan 2003

  31. Guidelines under OSHA 1994 cont. • Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation 2003 • Guidelines on Gender Issues in Occupational Safety and Health 2003 • Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDU’s) 2003 • Guidelines on Occupational Safety and Health In Logging Operations 2004 • Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace 2004 • Guidelines on Occupational Safety and Health In Service Sector 2004 • Guidelines on First-Aid in the Workplace (2nd Edition) 2004 • Guidelines on Occupational Health Services 2005

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