CHAPTER 1:

introduction
 OBJECTIVES

 Introduce the history of OSHA and sources of the

OSH law
 To differentiate between Statutory Law and
Common Law
 OSH law history in Malaysia
 Explain employer’s liability in duty of care
 To introduce common terms and concepts as
stipulated by the law
3
 THE VICIOUS CIRCLE

UNSAFE ACCIDE
WORKPLACE NT


GET DOCTOR
WELL

What can be done to reduce or

eliminate this problem ?
WHAT IS OSH

 Occupational safety and health is a

cross-disciplinary area concerned with protecting
the safety, health and welfare of people engaged in
work or employment
 encompasses the social, mental and physical well-
being of workers, that is the “whole person”
OSH IS A CROSS-DISCIPLINARY
IN ITS BROADEST SENSE,
IT SHOULD AIM AT

 The promotion and maintenance of the highest

degree of physical, mental and social well-being of
workers in all occupations
 the prevention among workers of adverse effects on
health caused by their working conditions
 the protection of workers in their employment from
risks resulting from factors adverse to health
 the placing and maintenance of workers in an
occupational environment adapted to physical and
mental needs
 the adaptation of work to humans
SAFETY
 Is the state of being "safe" (from French sauf),
the condition of being protected against
physical, social, spiritual, financial, political,
emotional, occupational, psychological,
educational or other types or consequences of
failure, damage, error, accidents, harm or any
other event which could be considered non-
desirable
 this can take the form of being protected from the
event or from exposure to something that
causes health or economical losses
HEALTH
WELFARE
 Quality of life is the degree of well-being felt
by an individual or group of people
 it consists of two components: physical and
psychological
 the physical aspect includes such things as
health, diet, and protection against pain and
disease
 the psychological aspect includes stress,
worry, pleasure and other positive or
negative emotional states
OCCUPATIONAL HYGIENE
 ERGONOMICS
 Is the scientific discipline concerned with designing according
to the human needs, and the profession that applies theory,
principles, data and methods to design in order to optimize
human well-being and overall system performance.
 the field is also called human engineering, and human factors
engineering
 ergonomic research is primarily performed by ergonomists,
who study human capabilities in relationship to their work
demands
 information derived from ergonomists contributes to the
design and evaluation of tasks, jobs, products,
environments and systems in order to make them
compatible with the needs, abilities and limitations of people

 SOURCES OF OSH LAW

Statutory Law (Undang-undang Berkanun)



Common Law



STATUTORY LAW

§ Consist of Acts and Regulations

§ formulated by the Government
§ breaching the law is a criminal offence
§ monetary and prison sentence
§ prosecution is only by Government Servants
(e.g. District Attorney) in Criminal Court
 Act – Akta
 Regulations – Peraturan
 Order – Arahan
 Guidelines - Panduan
 COMMON LAW
Resulted from the decisions of court and
judges in a civil court
allows the injured worker to sue the party that
is responsible causing the harm
the injured party could request a lawyer for law
suit proceedings
if plaintiff wins, the settlement is through
monetary fines

LAW OF TORT

 Tort are civil offences:

The legal effect of a wrongful act of one
party causing harm to the person,
property, reputation or economic interest
of another
classification of Tort:

Nuisance (Gangguan)
Negligence (Kecuaian)
Defamation (Fitnah)
Trespassing (Pencerobohan)
THE LAW OF TORT &
VICARIOUS LIABILITY

 Tort of Negligence:
 The duty owed by an employer to his employees is
that he must take such care as is reasonable for the
safety of his employees


 Vicarious Liability:
 Arises where an employee or an agent of the
employer has acted negligently and caused injury to
another employee
DUTY OF CARE
(KEWAJIPAN MENGAMBIL BERAT)

“Employers are not excuse from the duty of care



responsibility although he has assigned a competent

person for the task or the job”


Wilsons and Clyde Coal Co vs English




EMPLOYER’S LIABILITY ON
DUTY OF CARE
 Injuries on:
On all individual workers
other workers due to wrong act or workers
negligence or agent performing the duty for
the employer (vicarious liability)
 “ the employer is not hold accountability if the

workers act on their own such as playing

around while at work”
 Smith Vs Crossley Bros Ltd
ELEMENT TO DETERMINE
NEGLIGENCE

•That there is a duty of care owed by one

party to the other
•that there has been a breach of that duty
•that the breach of duty has resulted in
damage
•the burden of proof in common law cases
rests with the plaintiff – the injured party
HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT
 OSH before and during the industrial
revolution
 development in OSH management between
the 1930’s and 1970’s
 development of self-regulation legislation
 modern OSH management

HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT
 In 1833 English Factory Acts was the first effective
industrial safety law
 it provide compensation for accidents rather than
to control their causes
 insurance companies inspected work places and
suggested prevention methods
 problem:
safety became injury and insurance
oriented

 HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT
 Current development of Occupational Safety
and Health management system was
driven by two parallel forces:
A.self-regulatory legislation in the United
Kingdom (1974),
B.quality management movement

 HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT
 Lord Robens, Chairman of a Royal Safety
Commission Report noted that:
there was too many OSH legislation,
was fragmented,
limited in coverage (specific hazards &
workplace),
out of date and difficult to update,
inflexible (prescriptive),
people thought that safety was what
government inspectors enforced

 HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT
 Lord Robens recommended
self regulation
 report resulted in the Health and Safety of
Workers at Work Act in the UK in 1974
 similar legislation was enacted in Australia in
1984
 enacted in Malaysia in 1994 after the 1992
Bright Sparkler accident in Sungai Buloh
 HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT
 Featuresof “Robens style” legislation:
general duties of care by:
 employer, employee, self-employed
person, manufacturer, designer, supplier
 duty of employer to make the workplace

safe
consultation with employees through
Safety Committees
Safety Officer as advisor and
coordinator
improvement and prohibition notices

HISTORICAL DEVELOPMENT OF
OSH MANAGEMENT

Legislation follow major accidents and reinforce need

for management system

ACCIDENT REGULATION/PROGRAMME
Flixborough (1974), CIMAH regulation
Bhopal (1984) “Responsible Care”/Process
safety,
Piper Alpha (1988) Risk Assessment/
Management system
CATEGORIES OF THE LAW AT
PRESENT
FIRST CATEGORY
To control industrial activity or specific chemical


substances:
vMineral Enactment
vAtomic Energy Licensing Act 1984
vPesticides Act 1974
vPetroleum Act (Safety Procedures) 1984
vElectricity Supply Act 1990
CATEGORIES OF THE LAW AT
PRESENT
SECOND CATEGORY

 Basic and General Laws:

vFactories and Machinery Act 1967
vOccupational Safety and Health Act
1994
OSH LAW HISTORY IN MALAYSIA

 The Selangor Boiler Enactment 1892

 The Perak Boiler Enactment 1903
 The Pahang Boiler Enactment 1908
 The Negeri Sembilan Boiler Enactment 1908
 Federal Machinery Enactment 1913
 Machinery Ordinance 1953
 Factory and Machinery Act 1967
 Occupational Safety and Health Act 1994
PERIODICAL THEME IN SAFETY
 BoilerSafety before 1914
 Machinery Safety 1914 - 1952
 Industrial Safety 1953 - 1967
 Safety and Hygiene in Industry 1970 - 1994
 Occupational Safety and Health 1994
BOILER SAFETY BEFORE 1914
ØThe Selangor Boiler Enactment 1892
ØThe Perak Boiler Enactment 1903
ØThe Pahang Boiler Enactment 1908
ØThe N. Sembilan Boiler Enactment 1908



Scope of the enactment:
§ Boiler safety and
§ examination on boiler’s workers
MACHINERY SAFETY 1914 - 1952
Federal Machinery Enactment 1913
 Legislation scope:
Examination/inspection of machine
internal combustion engine

water turbine

machine assemble together

Registration and inspection of

assembled machines
INDUSTRIAL SAFETY 1953 - 1967
Machinery Ordinance 1953

 Legislative scope:
Safety of boiler and machinery
workers safety in industry where
machinery are used
 INDUSTRIAL SAFETY AND
HYGIENE 1968 - 1994

Factory and Machinery Act 1967

 Amend the machinery safety provisions
 improve weaknesses in Machinery Ordinance
1953


Approach:


 control of machines
 control of internal environment
 control on human
BASIC TERMS & CONCEPTS
The Golden Words
 Hazard
Risk

Danger

Accident

Near miss
 HAZARD, RISK, DANGER
HAZARD:


 Anything that can cause harm (e.g. chemicals,

electricity, working from a ladder. etc)

RISK:
•Is the chance or probability of harm actually
being done

DANGER:
•Is the relative exposure to hazard. A hazard may
be present but there may be little danger
because the control precaution be taken
 TYPE OF MACHINERY HAZARDS
 Cutting(Memotong)  Frictionand Abrasion
 Shearing (Mericih) (Mengeser dan
 Stabbing and Puncturing melelas)
 Crushing (Meremuk)
(Menusuk dan
 Drawing In (Menarik ke
Menembus)
 Impact (Hentaman)
dalam)
 Ejection (Lentingan)
 Entanglement (Membelit)
 Release of Potential
Energy (Membebaskan
tenaga berpotensi)
 ENFORCEMENT
Dept. of Occupational Safety and
Health (DOSH), PUTRA JAYA
 Functions are:
 enforce the FMA 1967 & OSHA 1994
 to motivate and promotion of safety
 review the laws and regulations
 provide advice and expertise
 the secretariat to the National Council for OSH
CARTA ORGANISASI JKKP IBU PEJABAT

KETUA PENGARAH

TIM. K. PENGARAH

BAHAGIAN BAHAGIAN BAHAGIAN

BAHAGIAN BAHAGIAN
PENGURUSAN & KESIHATAN PENYELARASAN &
MAJOR KESELAMATAN
KHIDMAT INDUSTRI PERANCANGAN
HAZARDS INDUSTRI
SOKONGAN

PEJABAT-PEJABAT NEGERI
KEDAH/PERLIS W.P. KUALA LUMPUR PAHANG
PULAU PINANG N. SEMBILAN TERENGGANU
PERAK MELAKA KELANTAN
SELANGOR JOHOR SARAWAK 41
SABAH / W.P. LABUAN
 SERVICE PROVIDER
 National Institute of Occupational Safety and
Health (NIOSH), BANGI

Functions are:
oprovide trainings in OSH disciplines
oresearch in OSH
Discussion:
 Elaborate the importance of OSH management in an
organization.
 Explain the benefits of OSH in an organization.