LATEST UPDATE OF OSH LAW

RAMUNA BINTI MOHAMED POLICY AND RESEARCH DIVISION DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH

CONTENT
INTRODUCTION TO OSH LEGISLATION INTRODUCTION TO OSH FRAMEWORK UPDATES OF OSH ACTS

UPDATES OF OSH REGULATIONS

UPDATES OF OSH SUPPORT DOCUMENTS CONCLUSION

OSH = CROSS-DISCIPLINARY AREA CONCERNED

WITH PROTECTING THE SAFETY, HEALTH AND WELFARE OF PEOPLE ENGAGED IN WORK OR EMPLOYMENT

INTRODUCTION : OSH LEGISLATION

OSH GOAL =
FOSTER A SAFE WORK ENVIRONMENT PROTECT PERSONS (CO-WORKERS, FAMILY MEMBERS, EMPLOYERS, CUSTOMERS, SUPPLIERS, NEARBY COMMUNITIES, AND OTHER MEMBERS OF THE PUBLIC WHO ARE IMPACTED BY THE WORKPLACE ENVIRONMENT)

INTRODUCTION : OSH LEGISLATION

TOOLS : TO ASSIGN SCOPE OF APPLICATION FORMATION OF OSH COUNCIL ROLE & RESPONSABILITIES POWER COLLECTION OF FEES

INTRODUCTION : OSH FRAMEWORK

REGULATION CONVENTION

GUIDANCES

ACT

INDUSTRY CODES OF PRACTICES

STANDARDS

INTRODUCTION :
OSH LEGISLATIVE FRAMEWORK
OCCUPATIONAL SAFETY AND HEALTH LEGISLATIVE FRAMEWORK

CONSTITUTIONAL PROVISIONS

LAWS RELATED TO OCCUPATIONAL SAFETY AND HEALTH MAJOR LAWS ON OCCUPATIONAL SAFETY AND HEALTH

INTRODUCTION :
OSH LEGISLATIVE FRAMEWORK
CONSTITUTIONAL PROVISIONS
Federal Constitution

LAWS RELATED TO OSH

Employment Act 1955 (Act 265) Labor Ordinance of Sarawak (Amendment) Act 2005 (Act A1237) Labor Ordinance of Sabah (Amendment) Act 2005 (Act A1238) Children and Young Persons (Employment) Act 1966 (Act 350) Employees Provident Fund Act 1991 (Act 452) Employees Social Security Act 1969 (Act 4) Workmens Compensation Act 1952 (Act 273) Workers Minimum Standards of Housing and Amenities Act 1990 (Act 446) Wages Council Act 1947 (Act 195) Pembangunan Sumber Manusia Berhad Act 2001 (Act 612) Industrial Relations Act 1967 (Act 177) Employment Information Act 1953 (Act 159) Private Employment Agencies Act 1981 (Act 246) Environmental Quality Act 1975 (Act 127) Atomic Energy Licensing Act 1984 (Act 304) Gas Supply Act 1993 (Act 501) Fire Services Act 1988 (Act 341) Uniform Building by Laws 1984 Electricity Supply Act 1990 (Act 447) Pesticides Act 1974 (Act 149)

OSH ACT
o APPROVED BY PARLIMENT o SETS OUT : DUTIES OF EMPLOYERS TOWARDS Employees Members of the public DUTIES OF EMPLOYEES TO Themselves Others o QUALIFIED DUTIES BY THE PRINCIPLE OF SO FAR AS IS PRACTICABLE

OSH ACTS
OSHA 1994 [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,

FMA 1967 [Act 139]

An Act to provide for the control of factories with respect to matters relating to the safety, health and welfare of persons therein, the registration and inspection of machinery and for matters connected therewith.

ACT

PSMA 1984 [Act 302]

An Act to consolidate laws relating to safety in the transportation, storage and utilization of petroleum and to provide for matters relating thereto.

OSH REGULATIONS
o APPROVED BY MINISTER o MADE UNDER THE PROVISION OF THE ACT o MORE EXPLICIT o GOAL SETTING o LEAVE EMPLOYERS FREEDOM TO DECIDE HOW TO CONTROL UNLESS
RISKS ARE SO GREAT PROPER CONTROL MEASURES SO COSTLY NOT APPROPRIATE

OSH REGULATIONS
CERTIFICATE OF COMPETENCY EXAMINATION, 1970 ELECTRIC PASSENGER & GOOD LIFTS,1970 FENCING OF MACHINERY & SAFETY,1970 NOTIFICATION OF FITNESS & INSPECTIONS, 1970 PERSON IN-CHARGE, 1970 SAFETY, HEALTH & WELFARE, 1970 STEAM BOILER & UPV, 1970 ADMINISTRATION, 1970 COMPOUNDING OF OFFENCES (REVOCATION), 2009 COMPONDABLE OFFENCES (REVOCATION), 2009 LEAD, 1984 ASBESTOS PROCESS, 1986 BOWEC, 1986 NOISE EXPOSURE, 1989 MINERAL DUST, 1989

FMA 1967 [ACT 139]

PSMA 1984 [ ACT 302]

TRANSPORTATION OF PETROLEUM BY PIPELINES, 1985 TRANSPORTATION OF PETROLEUM BY WATER, 1985

OSHA 1994 [ ACT 514]

SAFETY & HEALTH POLICY, 1995 CIMAH, 1996 SAFETY & HEALTH COMMITTEE , 1996 CPL, 1997 SHO, 1997 SHO ORDERS, 1997 PROHIBITION OF USE OF SUBSTANCE ORDER, 1999 USECHH , 2000 NADOPOD, 2004

OSH ICOP
o APPROVED BY MINISTER o HAVE A SPECIAL LEGAL STATUS
If employers are prosecuted for a breach of OSHA and it is proved that they have not followed the relevant provisions of the ICOP, a court can find them at fault unless they can show that they have complied with the law in some other way

o OFFER PRACTICAL EXAMPLES OF GOOD PRACTICE o GIVE ADVICE ON HOW TO COMPLY WITH THE LAW
A guide to what is AS FAR AS PRACTICABLE

OSH CONVENTIONS
OSH CONVENTIONS = A TREATY ADOPTED BY THE INTERNATIONAL LABOUR CONFERENCE OF ILO WHICH IS MADE UP OF GOVERNMENT, WORKER AND EMPLOYER DELEGATES FROM THE 183 MEMBER STATES OF THE ILO OSH CONVENTION
MORE THAN 40 CONVENTIONS (STANDARDS) 40 CODES OF PRACTICE

NOT COMPULSORY COUNTRYS OBLIGATION

OSH STANDARDS
STANDARD = A DOCUMENT ESTABLISHED BY CONSENSUS AND APPROVED BY A RECOGNIZED BODY THAT PROVIDES FOR COMMON AND REPEATED USE, RULES, GUIDELINES OR CHARACTERISTICS FOR ACTIVITIES OR THEIR RESULTS, AIMED AT THE ACHIEVEMENT OF THE OPTIMUM DEGREE OF ORDER IN A GIVEN CONTEXT
Refer : ISO/IEC GUIDE 2:1996

NOT COMPULSORY

OSH GUIDELINES
COVER WIDE RANGE OF SUBJECTS NOT COMPULSORY AND EMPLOYERS ARE FREE TO TAKE OTHER ACTION NORMALLY ENOUGH TO COMPLY WITH THE LAW SPECIFIC TO
Safety and Health problems of an industry Particular process used in the industry

OSH GUIDELINES
THE MAIN PURPOSES OF GUIDANCE ARE TO: Interpret & understand the law Help to comply with the law Give technical advice

UPDATE OF ACT : PROPOSED NEW ACT

Act 139 Act 514 New Act

UPDATE OF ACT : PROPOSED NEW ACT

SECTION 2 : INTERPRETATION OF FACTORY TECHNICAL SPECIFICATION POWER OF DIRECTOR GENERAL

PART III: PERSON IN CHARGE AND CERTIFICATES OF COMPETENCY

PART V : NOTICE OF OCCUPATION OF FACTORY, AND REGISTRATION AND USE OF MACHINERY

PART I: PRELIMINARY PART II: APPOINTMENT OF OFFICER PART III: NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY & HEALTH PART IV: GENERAL DUTIES OF EMPLOYERS & SELF EMPLOYED PERSONS PART V: GENERAL DUTIES OF DESIGNERS, MANUFACTURERS & SUPPLIERS PART VI: GENERAL DUTIES OF EMPLOYEES PART VII: SAFETY & HEALTH ORGANIZATIONS PART VIII: NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE, OCCUPATIONAL POISONING & OCCUPATIONAL DISEASES, & INQUIRY PART IX: PROHIBITION AGAINST USE OF PLANT OR SUBSTANCE PART X: INDUSTRY CODE OF PRACTICE PART XII: LIABILITY FOR OFFENCES PART XIII: APPEALS PART XIV: REGULATIONS

UPDATE OF REGULATIONS : PROPOSED NEW REGULATION

NO 1 REGULATION Occupational Safety and Health (Occupational Safety and Health Management System) Regulations 201X Occupational Safety and Health (Inquiry Procedures) Regulations 201X Occupational Safety and Health (Chemical Classification Labeling and Safety Data Sheets) Regulations 201X [CLASS] PURPOSE Ensure certain industry implementing OSH management system to manage OSH issues at place of work To provide legal inquiry procedure STATUS Attorney General Chambers (AGC) Attorney General Chambers (AGC) Attorney General Chambers (AGC)

To align with Globally Harmonised Systems (GHS) implementation. Will replace CPL Regulations 1997.

UPDATE OF REGULATIONS: PROPOSED NEW REGULATION

NO 4 REGULATION Factories and Machinery (Special Scheme of Inspection)(Risk Based Inspection) 201X PURPOSE To provide new scheme of certificate of fitness (CF) for industry who implementing RBI STATUS Attorney General Chambers (AGC) DOSH

Occupational Safety And Health To provide requirements (Dangerous Machinery) and responsibilities to Regulations 20XX person dealing with dangerous machinery

UPDATE OF REGULATIONS: PROPOSED AMENDMENT

NO REGULATION 1 Factories and Machinery (Persons in Charge) Regulations 201X Occupational Safety and Health (Safety and Health Officer) Regulations 201X PURPOSE OF AMENDMENT To update new requirement for steam engineer and driver tailored with industry needed Ensure certain industry implementing OSH management system to manage OSH issues at place of work STATUS Attorney General Chambers (AGC) DOSH

Occupational Safety and Health (Safety and Health Officer) Order 201X

To specify the class or DOSH description of industries that require to employ safety and health officer

UPDATE OF REGULATIONS: PROPOSED AMENDMENT

NO 4 REGULATION Occupational Safety and Health (Safety and Health Committee) Regulations 201X Factories and Machinery (Building Operation and Works of Engineering Construction)(Safety) 201X PURPOSE OF AMENDMENT To improve and strengthen the function and effectiveness of SHC To update new requirement tailored with construction industry needed STATUS DOSH

DOSH

Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 201X

To update new requirement for the usage and exposure of hazardous chemicals

DOSH

UPDATE : NEW ICOP

NO ICOP 1 Occupational Safety and Health Industry Code of Practice on Chemicals Classification and Hazard Communication PURPOSE To provide guidance to employers and employees on the proper and effective methods of classifying chemicals and communicating hazard of chemicals GAZZETTE NO. P.U.(B) 250/2012

AMENDMENT ICOP
NO ICOP 1 Occupational Safety and Health Industry Code of Practice on Chemicals Classification and Hazard Communication REASON To align with the regulation GAZZETTE NO. DOSH

UPDATE OF CONVENTION
NO CONVENTION PURPOSE DATE RATIFIED

C187 : PROMOTIONAL FRAMEWORK FOR OSH, 2006

TO PROVIDE FRAMEWORK FOR OSH

PROMOTING CONTINUOUS

JUN 2012

IMPROVEMENT TO PREVENT OCCUPATIONAL INJURIES, DISEASES & DEATH ACHIEVING SAFETY & HEALTHY WORKING ENVIRONMENT

C155 : OCCUPATIONAL SAFETY & HEALTH CONVENTION, 1981

TO PROVIDE CONSIDERING TO FORMULATION, RATIFY IMPLEMENTATION & REVIEW OF NATIONAL OSH POLICY

UPDATE OF STANDARDS
DOSH = SWO COVER WIDE RANGE OF SUBJECTS UNDER ISC W CURRENTLY : 218 MS DEVELOPED 163 (ADOPT - ISO) & 55 (INDIGENOUS)

PROPOSE MANDATORY STANDARD

NO STANDARDS 1 Occupational Safety and Health (OSH) Management Systems Requirements (First Revision) PURPOSE To provide requirements on OSHMS and basis for the development of a sustainable safety and health culture in the organisation GAZZETTE NO. Will be made known later

UPDATE OF STANDARDS
ALSO UNDER ISC F (MECHANICAL ENGINEERING ) CURRENTLY : 334 MS DEVELOPED 209 (ADOPT - ISO) & 125 (INDIGENOUS)

PROPOSE MANDATORY STANDARD

NO STANDARDS 1 Safety Rules For The Construction And Installation Of Electric Lift PURPOSE To provide requirements forConstruction And Installation Of Electric Lifts GAZZETTE NO. 2012

Safety Rules For The Construction And Installation Of Lifts Hydraulic Lifts

To provide requirements forConstruction And Installation Of Hydraulic Lifts

2012

UPDATE OF GUIDELINES
COVER WIDE RANGE OF SUBJECTS CURRENTLY : 55 GUIDELINES DEVELOPED AVAILABLE IN DOSH WEB SITE

LATEST STANDARDS
NO GUIDELINES PURPOSE PUBLISHED DATE

Guidelines on Occupational Safety and Health Management Systems (OSHMS)

To guide and assist organizations on the implementation of the MS1722: occupational safety and health management systems - requirements standard

Dec 2010

UPDATE OF GUIDELINES
LATEST STANDARDS
NO GUIDELINES 2 Guideline for Media Professionals Guidelines on Mercury Management in Oil and Gas Industry PURPOSE To provide media professionals with information regarding safety practices while working. To provide information and recommendations on how to manage mercury in the Oil & Gas industry in compliance with the Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000. PUBLISHED DATE 2011

2011

CONCLUSION
DOSH WILL CONTINUE TO REVIEW AND UPDATE THE OSH LEGISLATION ALL PARTIES ARE WELCOME TO GIVE FEEDBACK FOR FURTHER IMPROVEMENTOF OSH LEGISLATION

THANK YOU
RAMUNA BINTI MOHAMED
DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH MINISTRY OF HUMAN RESOURCES LEVEL 2, 3 & 4 BLOCK D3, PARCEL D FEDERAL GOVERNMENT ADMINISTRATION CENTER 62530 PUTRAJAYA, MALAYSIA

03-88865078 03-88892352 ramuna@mohr.gov.my