1 / 177

Occupational Health Law and Legislation

Brief overview of the update OSH legislation in Malaysia

drzhafir
Télécharger la présentation

Occupational Health Law and Legislation

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Occupational Health Legislations 5 Nursakinah binti Bohari Nooreen Farzana Mustapha IzannaIderis Najihah Hassan Nudin Ahmad Zhafir Zulkifli Nur Izyan Muhammad Ramdan

  2. “…مَنْ سَلَكَ طَرِيقًا يَلْتَمِسُ فِيهِ عِلْمًا سَهَّلَ اللَّهُ لَهُ بِهِ طَرِيقًا إِلَى الْجَنَّةِ..” “.. Whoever follows a path in pursuit of knowledge, Allah will make easy for him a path to paradise…” Sahih (Sunan Ibn Majah)

  3. Contents • History of Occupational Health laws and their application • Occupational Laws: • OSHA 1994 & 2022 • USECHH regulations 2000 • NADOPOD 2004 • Other related OSH laws: • Noise Regulation 2019 • CLASS Regulation 2000 • CIMAH Regulation 1996 • Safety and Health Committee Regulation 1996 • New regulations • Comparison with other countries • Challenges & Recommendations • References

  4. HISTORY OF OCCUPATIONAL HEALTH LAWS AND THEIR APPLICATION

  5. Bernardino Ramazzini (1633 – 1714) • “Founder of Occupational Medicine”1 • Lived at the time of deep socioeconomic recession in Italian peninsula2 • He visited workplace and documented occupational risk and the workers illnesses in his De MorbisArtificumDiatriba(Diseases of Workers), published 1700, the first work of occupational medicine3 Engraving of Ramazzini.1 • Britannica, T. Editors of Encyclopaedia (2024, April 3). Bernardino Ramazzini. Encyclopedia Britannica. https://www.britannica.com/biography/Bernardino-Ramazzini • Franco, G. (2020). Revisiting the past strengthens the present: Bernardino Ramazzini and the new occupational health. Public Health, 181, 180–181. https://doi.org/10.1016/j.puhe.2019.12.016 • Franco, G., & Franco, F. (2001). Bernardino Ramazzini: The Father of Occupational Medicine. American journal of public health, 91(9), 1382. https://doi.org/10.2105/AJPH.91.9.1382

  6. Event prior to OSHA 1994 Bright Sparkler’s tragedy 7th May 19914 • Firework factory in Sungai Buloh, Selangor • Explosion cost 23 lives, 103 injuries • Manual assembly of hand-held sparklers, fountain and rockets and they were tested in the factory • Violation of law, lack of enforcement, ignored multiple “warnings” “Hiroshima of Sungai Buloh”.5 • Shaluf, I. M., Ahmadun, F., Mustapha, S., Mat Said, A., & Sharif, R. (2002). Bright Sparklers fire and explosions: the lessons learned. Disaster Prevention and Management: An International Journal, 11(3), 214–221. https://doi.org/10.1108/09653560210435812 • Ying, T. P., & Ying, L. X. (2020, August 4). NST175: The bright sparklers tragedy | New Straits Times. NST Online. https://www.nst.com.my/news/nation/2020/08/613814/nst175-bright-sparklers-tragedy

  7. A Century of OH Laws In Malaysia6 • Steam Boiler Era (before 1914) • Used in tin mining & sugar factory in Perak circa 1890s • Each Allied Malay State has its own legislation • Individual with steam boiler related qualification are given license to survey boilers • First law enacted in Selangor Boiler Enactment 1892 • This boiler surveyor system was terminated in 1900, replaced with boiler inspector • Steam boiler law enacted in Perak in 1903 An artifact of a steam boiler at Canyon City National Park, US. • Department of Occupational Safety and Health. (n.d.). Official Website Department of Occupational Safety and Health - DOSH Profile. Www.dosh.gov.my. https://www.dosh.gov.my/index.php/about-us/dosh-profile

  8. A Century of OH Laws In Malaysia6 • Machinery Safety Era (1914 - 1952) • Allied Malay States: Machinery Enactment of 1913 replaced the steam boiler enactments • Includes self-combustion engines, water turbines and other related auxiliary machineries • Job title of Inspector of Boiler was also abolished and was replaced with Inspector of Machinery and Assistant Inspector of Machinery • Machinery Enactment 1932 replace old act where registration and inspection of installation were enforced • Department of Occupational Safety and Health. (n.d.). Official Website Department of Occupational Safety and Health - DOSH Profile. Www.dosh.gov.my. https://www.dosh.gov.my/index.php/about-us/dosh-profile

  9. A Century of OH Laws In Malaysia6 • Industrial Safety Era (1953 - 1967) • Machinery Branch was under the Mineral Department until 1952, when the branch was split of from the department and renamed Machinery Department • Machinery Ordinance 1953: covered all aspect of factory workers’ safety, lack of enforcement in health aspects • Staffs of Machinery Department consisted of 10 Inspectors which were made up of mechanical engineers, 5 Assistant Inspectors which were holders of engineering diploma and lastly 5 Factory Inspectors • Department of Occupational Safety and Health. (n.d.). Official Website Department of Occupational Safety and Health - DOSH Profile. Www.dosh.gov.my. https://www.dosh.gov.my/index.php/about-us/dosh-profile

  10. A Century of OH Laws In Malaysia6 • Industrial Safety and Hygiene Era (1970 - 1994) • Factory and Machinery Act 1967 replaced Machinery Ordinance after it was approved by the Parliament • Name of the department was changed to Factory and Machinery Department • Inspectors who enforce the act are renamed as Factory and Machinery Inspector • Includes workers in non machine factory • Added provisions related to industrial health • Medical Officer and Surveillance Unit was created in 1968 but later put under Health Ministry in 1971 • Cabinet approved NIOSH establishment in 1991 • Department of Occupational Safety and Health. (n.d.). Official Website Department of Occupational Safety and Health - DOSH Profile. Www.dosh.gov.my. https://www.dosh.gov.my/index.php/about-us/dosh-profile

  11. A Century of OH Laws In Malaysia6 • Occupational Safety and Health Era (after 1994) • Occupational Safety and Health Act 1994 (Act 514) was approved by the Parliament in 1993 and was gazetted on February 1994, complement FMA 1967 • Cover 90% of the nation’s total man power but excluding those working on ships and in the armed forces • Purpose: 1. to promote and encourage occupational safety and health awareness among workers 2. to create organization along with effective safety and health measures • Defines the responsibilities of employers, manufacturer, employees, self-employed workers, designers, importers and vendors • Self-regulation schemes that match the industry or related organization • Factory and Machinery Department has been renamed as the Department of Occupational Safety and Health (DOSH) • Inspectors are called Occupational Safety and Health Officers • Establishment of National Council for Occupational Safety and Health • Department of Occupational Safety and Health. (n.d.). Official Website Department of Occupational Safety and Health - DOSH Profile. Www.dosh.gov.my. https://www.dosh.gov.my/index.php/about-us/dosh-profile

  12. Why all the changes??

  13. Occupational Safety and Health Act (Amendment) 2022 (Act A1648) Noise Exposure Regulations 2019 Code of Practice for Management of Occupational Noise Exposure and Hearing Conservation 2019 Guidance on Occupational Noise Control 2024

  14. FMA 1967 • Emphasis was on safety • Includes welfare of workers in the act but not statutorily defined7 • Important provisions regarding notification and machine registration • Has 20 Regulations, 3 Orders under it • Specify details on medical surveillance for workers exposed to industrial health hazard • Gave due attention in developing industrial hygiene unit • Alwi Saad. (2011). Occupational safety and health management. PenerbitUniversiti Sains Malaysia.

  15. FMA 1967 • Only covered the manufacturing, mining, quarrying and construction industries, other industries were not covered8 • Occupational Exposure Limit (OEL) was not specified in the Safety and Health Regulation9 • Asbestos Process Regulations: protect manufacturing facilities but not those in construction, renovation, shipyard work • Very prescriptive and containing detailed technical provision10 • Au Yong, H. N. (2010). Evaluation of occupational safety and health policies in Malaysia. UiTM Institutional Repository; UniversitiTeknologi MARA. https://ir.uitm.edu.my/id/eprint/33259/ • Rampal, K. G., & Mohd Nizam, J. (2006). Developing regulations for occupational exposures to health hazards in Malaysia. Regulatory Toxicology and Pharmacology, 46(2), 131–135. https://doi.org/10.1016/j.yrtph.2006.01.013 • Osman, F., Baruji, M. E., & Abd. Rahman, M. (2021). Occupational Safety And Health In Malaysia : Securing The Future. National Institute of Occupational Safety and Health (NIOSH). http://www.niosh.com.my/images/book/OSHIM.pdf

  16. OSHA 1994 • Covers all persons at work except on board ships and the armed forces • Provisions for general duty of employer8 • Principles of this Act: self-regulation, tri-partite consultation and co-operation between employers and employees • Formulated by the National Council for Occupational Safety and Health (NCOSH) • 8 Regulations, 2 Orders under the Act

  17. OSHA 1994 Regulations of the Act are: • OSH (Employers' Safety and Health General Policy Statements) (Exception) Regulation 1995 • OSH (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 • OSH (Control of Industrial Major Accident Hazards) (CIMAH) Regulation 1996 • OSH (Safety and Health Committee) (SHC) Regulation 1996 • OSH (Safety and Health Officer) (SHO) Regulation 1997 • OSH (Use and Standards of Exposure to Chemicals Hazardous to Health) (USECHH) Regulation 2000 • OSH (Notification of Accidents, Dangerous Occurrences, Occupational Poisoning and Disease) (NADOPOD) Regulation 2004 • OSH (Noise Exposure) Regulations 2019 Orders: • OSH (Safety and Health Officer) (SHO) Order 1997 • OSH (Prohibition of use of substance) Order 1999

  18. Please download and install the Slido app on all computers you use Do you think our current OH law is good? ⓘ Start presenting to display the poll results on this slide.

  19. Q&A

  20. OSHA 1994 & 2022(ACT 514  ACT A1648)

  21. OCCUPATIONAL SAFETY AND HEALTH ACT – ACT 514 • An Act to make further provisions • for securing the safety, health and welfare of persons at work, • for protecting others against risks to safety or health in connection with the activities of persons at work, • to establish the National Council for Occupational Safety and Health, and • for matters connected therewith. [25 February 1994]

  22. OCCUPATIONAL SAFETY AND HEALTH ACT – ACT 514 • An Act to make further provisions • for securing the safety, health and welfare of persons at work, • for protecting others against risks to safety or health in connection with the activities of persons at work, • to establish the National Council for Occupational Safety and Health, and • for matters connected therewith. [25 February 1994]

  23. OCCUPATIONAL SAFETY AND HEALTH ACT - ACT A1648 An Act for aiming to control the safety & health riskin from the activities of persons at work related to; • Protecting the safety, health & welfare of persons at work; • Protecting persons other than employees from the safety & health risk; (other person at work) • To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs; • To provide the means for progressive maintenance & improvement of safety & health standards; • Self regulation concept.

  24. Maintain the concept of self-regulation legislation • The formulation of regulations in line with the latest developments • Ensuring there is no conflict with other relevant act provisions standardized • Improving Act 514

  25. OSHA 1994 (ACT 514) Total: 15 Parts 67 Sections 3 Schedules

  26. OSHA 2022 (Amendment) • OSHA 1994 (Act 514) is now replaced by OSHA 2022 (Act A1648), which incorporates more stringent measures to protect employees and fulfil workplaces' evolving needs.

  27. OSHA 2022 (Amendment) • OSHA 1994 (Act 514) is now replaced by OSHA 2022 (Act A1648), which incorporates more stringent measures to protect employees and fulfil workplaces' evolving needs.

  28. Tripartite Concept • It is the communication of government,employers and their organization and workers with their unions, each acting as independent and equal partners, to address shared concerns and seek solution. • Helps government to formulate policies, legislations and national programs on Occupational Safety & Health. Source: DOSH

  29. Tripartite Concept • It is the communication of government,employers and their organization and workers with their unions, each acting as independent and equal partners, to address shared concerns and seek solution. • Helps government to formulate policies, legislations and national programs on Occupational Safety & Health. • Establishes regulations, standards, and guidelines to ensure safe working conditions. • conducts inspections, enforces compliance, and provides training and resources to help organizations improve safety practices. Source: DOSH

  30. Tripartite Concept • creating a safe work environment by implementing the standards set by the government. • assess workplace hazards, provide necessary safety equipment and training, and foster a culture of safety among employees • It is the communication of government,employers and their organization and workers with their unions, each acting as independent and equal partners, to address shared concerns and seek solution. • Helps government to formulate policies, legislations and national programs on Occupational Safety & Health. Source: DOSH

  31. maintaining safety by following established protocols, reporting unsafe conditions, and participating in training programs. • Employee involvement is essential for identifying hazards and suggesting improvements Tripartite Concept • It is the communication of government,employers and their organization and workers with their unions, each acting as independent and equal partners, to address shared concerns and seek solution. • Helps government to formulate policies, legislations and national programs on Occupational Safety & Health. Source: DOSH

  32. Key Provisions Act 514 • General duties of employer and self-employed persons • General duties of employees • Duties of Designers, Manufacturers, and suppliers • Establishment of Safety and Health Committees • Appointment of Safety and Health Officers (SHO) • General duties of the Occupier • Prohibition of Discrimination against Employees • Power of the Director General and Enforcement Officers • Notification of accidents, dangerous occurrences, and Occupational diseases • Penalties for non-compliance • Safety and health policy Source: NIOSH

  33. Key Provisions Act 514 Key Provisions in Act A1648 • General duties of employer and self-employed persons • General duties of employees • Duties of Designers, Manufacturers, and suppliers • Establishment of Safety and Health Committees • Appointment of Safety and Health Officers (SHO) • General duties of the Occupier • Prohibition of Discrimination against Employees • Power of the Director General and Enforcement Officers • Notification of accidents, dangerous occurrences, and Occupational diseases • Penalties for non-compliance • Safety and health policy Source: DOSH WP KL & P

  34. 1. Application ACT 514 ACT A1648 1. 3 2 Scopes of ACT 514 Applied to all kinds of workers EXCEPT : • Seafarers or those working on board ships • Armed forces

  35. 1. Application ACT 514 ACT A1648 1. 3 2 Scopes of ACT 514 Scopes of ACT A1648 Applied to all kinds of workers EXCEPT : • Seafarers or those working on board ships • Armed forces • Domestic worker Applied to all kinds of workers EXCEPT : • Seafarers or those working on board ships • Armed forces Maids ????

  36. 1. Application ACT 514 ACT A1648 1. 3 2 Scopes of ACT 514 Scopes of ACT A1648 Applied to all kinds of workers EXCEPT : • Seafarers or those working on board ships • Armed forces • Domestic worker Applied to all kinds of workers EXCEPT : • Seafarers or those working on board ships • Armed forces Maids fall under the Employment Act 1955 (Act 265)

  37. 2. Risk assessment ACT A1648 Previously, it was not emphasized, however, OSHA 2022 sets that the employer MUST conduct risk assessment and implement risk control at the places of work: • HIRARC (Hazard Identification, Risk Assessment and Risk Control) • To analyze risk found in HIRARC • To implement control and prevention methods at the workplace

  38. 2. Risk assessment ACT A1648 Previously, it was not emphasized, however, OSHA 2022 sets that the employer MUST conduct risk assessment and implement risk control at the places of work: • HIRARC (Hazard Identification, Risk Assessment and Risk Control) • To analyze risk found in HIRARC • To implement control and prevention methods at the workplace

  39. 2. Risk assessment ACT A1648 Previously, it was not emphasized, however, OSHA 2022 sets that the employer MUST conduct risk assessment and implement risk control at the places of work: • HIRARC (Hazard Identification, Risk Assessment and Risk Control) • To analyze risk found in HIRARC • To implement control and prevention methods at the workplace

  40. 2. Risk assessment ACT A1648 Previously, it was not emphasized, however, OSHA 2022 sets that the employer MUST conduct risk assessment and implement risk control at the places of work: • HIRARC (Hazard Identification, Risk Assessment and Risk Control) • To analyze risk found in HIRARC • To implement control and prevention methods at the workplace

  41. 3. Duties of Employers, Self-employed Persons & Principal Employer? Self-employed person? Principal?

  42. 3. Duties of Employers, Self-employed Persons & Principal any person who has entered into a contract of service to employ any other person as an employee Employer? Self-employed person? Principal?

  43. 3. Duties of Employers, Self-employed Persons & Principal Employer? individual who operates their own business or works independently, rather than as an employee of another organization Self-employed person? Principal?

  44. 3. Duties of Employers, Self-employed Persons & Principal Employer? Self-employed person? any person who in the course of or for the purposes of his trade, business, profession or undertaking contracts with a contractor for the execution by or under the contractor of the whole or any part of any work undertaken by the principal e.g In construction or project management, this refers to the main contractor who oversees a project and ensures that safety regulations are followed by all subcontractors and workers on site. Principal?

  45. 3. Duties of Employers, Self-employed Persons & Principal SECTION 15 – General Duties of Employers, Self-employed Persons and Principal SECTION 16 - Duty of employer to formulate occupational safety and health policy SECTION 17 - General duties of employers and self-employed persons to persons other than their employees SECTION 18 - Duties of an occupier of a place of work to persons other than his employees SECTION 32 - Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry a).. b).. c).. d).. e).. f) The development and implementation of procedures for dealing with emergencies that may arise while his employees are at work. Introducing additional employer duties to ensure workplace emergency plans are efficient in reducing accident impacts.

  46. 3. Duties of Employers, Self-employed Persons & Principal SECTION 15 – General Duties of Employers, Self-employed Persons and Principal SECTION 16 - Duty of employer to formulate occupational safety and health policy SECTION 17 - General duties of employers and self-employed persons to persons other than their employees SECTION 18 - Duties of an occupier of a place of work to persons other than his employees SECTION 32 - Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry a).. b).. c).. d).. e).. f) The development and implementation of procedures for dealing with emergencies that may arise while his employees are at work. Introducing additional employer duties to ensure workplace emergency plans are efficient in reducing accident impacts.

  47. To ensure, issues related to OSH is foreseen and taken into consideration at the initial planning and design stage of work .

More Related