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INTRODUCTION TO

OCCUPATIONAL
SAFETY AND HEALTH
ACT (1994)

DR. FATEHAH MOHD OMAR


5th MARCH 2018
LEARNING OBJECTIVES
• To learn the general content of the Occupational Safety and
Health Act 1994.
• To understand the general duties of employers and self-employed
persons.
• To understand the general duties of employees.
• To understand the importance of safety and health organizations
in a company.
• To understand the general steps of safety and health at a
workplace and application of OSHA 1994 during accidents or
similar incidents.
QUIZ
1. What is the name of the agency that works
to develop and enforce regulations that are
related to safety and health?

A. Division of Safety and Health


B. Department of Safety and Health
C. Safety and Health Organization Malaysia
D. National Institutuion of Safety and
Health
2. What does OSHA stand for?

A. Organization of Safety and Health


Assurance
B. Occupational Safety and Health Act
C. Organization of Safety and Health
Assurance Act
D. Occupational Security and Health Act
3. What is NOT the purpose of the
Occupational Safety and Health Act?
A. To secure safety, health and welfare of persons at work.
B. To protect persons against risks to safety or health in
connection with the activities of persons at work.
C. To create and provide a secured working ambiance that
is comfortable for all persons at work.
D. To establish the National Council for Occupational Safety
and Health, and for matters connected therewith.
4. In which year was the Occupational
Safety and Health Act enforced?

A. 1984
B. 1974
C. 1994
D. 1964
5. How many PARTS are there in the
Arrangement of Sections in the EQA 1974?

A. 14
B. 15
C. 16
D. 17
6. What is the top position in the
Department of Safety and Health?

A. Secretary General
B. Director General
C. Minister
D. Prime Minister
7. The following is given emphasis relevant
to OSHA 1994 EXCEPT?
A. The classification, labelling and safety data
sheet of hazardous chemicals.
B. Steps of notification of accident, dangerous
occurrence, occupational poisoning and
occupational disease.
C. Actions to be taken on managing the welfare of
all workers at the workplace.
D. How to control of industrial major accident
hazards.
8. Which of the following is UNTRUE?
A. It is the duty of every employee to buy insurance
before commencing a job at a workplace to ensure his
safety and health means are covered.
B. Every employee must cooperate with his/her employer
or fellow colleagues whenever conducting their duties
at work.
C. It is compulsory for each worker to wear protective
equipment (PPE) for the purpose of preventing risks to
his safety and health.
D. All instructions or occupational measures must be
complied with when it comes to safety and health.
9. These are among the misconducts at the
workplace that interferes with safety and
health EXCEPT:
A. Intentionally parking the forklift and blocking
the main access path.
B. Updating the inventory sheet of the chemical
storage area.
C. Disposing excess alcohol into the toilet bowl.
D. Shifting the oil drums from the designated area
to a move convenient location behind the gas tank.
10. Which is NOT the responsibilities of a safety
and health officer (SHO)?

A. To promote safe conduct or practice at the work


place.
B. To obtain a competency certificate from the National
Institute of Safety and Health of Malaysia.
C. To penalize any employee who do not comply to the
OSHA 1994.
D. To report to the Department of Safety and Health on
any accidents that occurs at the workplace.
WHAT’S YOUR SCORE?
INTRODUCTION
• Occupational safety
and health (OSH) is a
basic human right for
safety at workplace.
• OSHA in Malaysia is an
Act which provides the OCCUPATIONAL
legislative framework to
secure the safety, health SAFETY AND
and welfare among all
Malaysian workforces
HEALTH ACT
and to protect others
agains risks to safety or
1994
health in connection
with the activities of
persons at work.

Gazetted on 24th
February 1994.
OBJECTIVES OF OSHA 1994
• 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.
• Protect a 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.
• Promote an occupational environment for persons at work which is adapted
to their physiological and phychological needs.
• 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.
UNDERSTANDING OF OSHA
1994
• The Act contains 67 sections, divided into 15 parts and appended
with 3 schedules.
• The first three parts state the objects of the Act and provide the
infrastructure for appointment of officers and the National
Council (Majlis Kebangsaan)
• Part IV (4) to VI (6) provides the general duties for those who
create the risks e.g. employer, self-employed person, designer,
manufacturer, supplier, etc and those who work with the risks i.e.
employees.
EMPLOYERS’ RESPONSIBILITY
(PART IV, SECTION 15-19)
• Provide a workplace free from recognized
hazards and comply with OSHA standards.
• Provide training required by OSHA standards.
• Keep records of injuries and illnesses.
• Provide medical exams when required by
OSHA standards and provide workers access
to their exposure and medical records.
EMPLOYERS’ RESPONSIBILITY
(PART IV, SECTION 15-19)
• Not discriminate against
workers who exercise their
rights under the Act
(Section 11 (c)).
• Provide and pay for
personal protective
equipment (PPE).
EMPLOYEES’ RESPONSIBILITY
(PART VI, SECTION 24-27)
• Right to hazard exposure and medical
records.
• Right to file a complaint with OSHA.
• Right to participate in an OSHA
inspection.
• Right to be free from retaliation for
exercising safety and health rights
• Worker responsibilities.
DEPARTMENT OF SAFETY AND
HEALTH (DOSH)
• Under the Ministry of Human Resources Malaysia.
• 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 SAFETY AND
HEALTH (DOSH)
• 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
SAFETY HEALTH
ORGANIZATION IN
MALAYSIA
NATIONAL INSTITUTE OF
SAFETY AND HEALTH (NIOSH)
• Carries out various training activities such as courses,
workshops and seminar in order to fulfil the industries’
workforce needs and wants.
• The courses are all conducted at NIOSH by competent
trainers in their respective fields of expertise.
• Courses may also be held at the clients’ premises.
NATIONAL INSTITUTE OF
SAFETY AND HEALTH (NIOSH)
• Also offers certified and trainer courses in compliance
(pematuhan) with the Occupational Safety and Health Act
(OSHA) 1994 and its regulations.
• Involves in research activities which are done in accordance
with its Memorandum and Acts “to conduct short and long
term research projects on occupational safety and health
which will benefit the country”.
SOCIAL SECURITY
ORGANIZATION (SOCSO)
• Registration of employer and employee, collecting
contribution, processing benefit claims and make payment
to the injured worker and their dependents.
• Provide vocational and physical rehabilitation benefits and
enhance occupational safety and health awareness of
workers.
IN SUMMARY
• OSHA is about occupational safety and health management,
and the responsibility to ensure the safety and health of :
[1] The persons at work, and

[2] Other people who might be affected by activities of


people at work.