INTRODUCTION TO

OCCUPATIONAL
SAFETY AND HEALTH
LEGISLATIONS

What is OSH?

To protect thesafety,
healthand
welfare
of people engaged in
work or employment.

The History
OSH before and during the industrial revolution
Development in OSH management between the 1930s

and1970;s

EARLY RECOGNITION OF
OCCUPATIONAL DISEASES
A german physician,
Ellenberg

A Swiss
physician,
Paracelsus

1473 1493

The german scholar,

Agricola, described
in diseases of miners.

1556

17001713

Industrial accidents arose out of the

factory system during the industrial
revolution. Women and children worked
as heavy laborers under unsafe and
unhealthy workplaces.
Ramazzini, (Father of occupational medicine), suggested that in
diagnosis doctors should ask patients about their occupation

EMERGENCE OF INDUSTRIAL SAFETY

LEGISLATION

1883

1930
Herbert W. Heinrich

English Factory Acts

was the first effective
industrial safety law.

Domino
Theory

1970

Frank Bird
Loss Control
Theory

LORD ALFRED
ROBEN, chairman of
a royal safety
commission

1972 1974
self-regulatory
legislation in the
United Kingdom

HASAWA

Behavioural Based
Safety(BBS) was
introduced

1980

1984 1990

Was enacted in
Australia

AKKP 1994

ISO 9000 QMS was

proven successful and
ISO 14000 EMS
was introduced

1990 1992 1994 1996

Bright Sparkler
Accident in
Sg Buloh

international and
auditable OHSAS
18001 OSH
manangement
systems published

1999
2000
ILO approved an OSH
management system for
governments to adopt

UK published BS 8800 and

australia AS8401 OSH
management system in 1996

EMS Emergency Medical Services

QMS Quality Management System
OHSAS Occupational Health & Safety Assessment Series
OSH Occupational Safety & Health
ILO International Labour Organization
BS / AS British Standards / Australia Strandards
AKKP AKTA KESELAMATAN DAN KESIHATAN PEKERJAAN

introduction of osh legislation/aab/ppd

DUTY OF CARE
The employer is still liable for duty of care

even though he has competent persons under

his employment

EMPLOYER LIABILITY IN THE

DUTY OF CARE
Injury on:
Each individual worker
Other workers due to mistakes or negligence of

workers or agents appointed to do the job

EMPLOYER LIABILITY IN THE

DUTY OF CARE
The employer is not responsible if the worker
acts on his own accord such as horseplay
while at work.
Smith Versus Crossley Bros Ltd

ELEMENTS THAT DETERMINE

NEGLIGENCE
There is the duty of care of one party onto

another party
There is a violation of that duty
The violation resulted in damage/injury

The responsibility to prove the violation is on

the plaintiff (the injured party)

HISTORY OF
OSH
LEGISLATION
IN MALAYSIA

1892
1903
1908

The Selangor Boiler Enactment

The Perak Boiler Enactment
The Pahang Boiler Enactment

Scope of
enactment:
Boiler Safety
Inspection on
boiler workers

The Negeri Sembilan Boiler Enactment

1913
Federal Machinery Enactment
Machinery Ordinance

1953
1967
1994

Factories and Machinery Act

1967 (FMA)
Occupational Safety and Health
Act 1994 (OSHA 1994)

Machinery safety
1914-1952
Industrial safety
1953 -1967

Industrial
safety and
health
1970 1994

BOILER SAFETY BEFORE 1914

The
The
The
The

Selangor Boiler Enactment 1892

Perak Boiler Enactment 1903
Pahang Boiler Enactment 1908
Negeri Sembilan Boiler Enactment 1908

Scope of enactment:
Boiler Safety and
Inspection on boiler workers

MACHINERY SAFETY
1914 - 1952
Federal Machinery Enactment 1913
Scope of legislation:
Machine inspections such as:
Internal combustion engine Water turbine and
Machines that are attached together
Registration and inspection of machine
installation

INDUSTRIAL SAFETY
1953 - 1967
Machinery Ordinance 1953
Scope of legislation:
Machinery and boiler safety
Safety of Workers in places using machinery

INDUSTRIAL SAFETY AND

HEALTH 1968 - 1994
FACTORIES AND MACHINERY ACT 1967
Amend the provisions related to safety of

machinery
Improvises on the weaknesses of the
Machinery Ordinance 1953 where:
Scope does not cover workplaces that do

not use machines

Lack of health related provisions

FACTORIES AND MACHINERY

ACT 1967
APPROACH
Machinery controls
Internal environment controls
Human controls

FACTORIES AND
MACHINERY ACT 1967
BACKGROUND
Act 64 in the year 1967
Became Act 139 on 1st April 1970

FACTORIES AND
MACHINERY ACT 1967
Control of the factory with the aim to protect

the safety, health and welfare of the people

inside
Registration and inspection of machinery and

related items

CONTENTS
SIX (6) PARTS OF FMA 1967
I.
Introduction
II. Safety, Health and Welfare
III. Persons in Charge and Certificates of
Competency
IV. Notification of Accidents, Dangerous
Occurrences and Dangerous Diseases.
V. Notice of Occupation of Factory, and
Registration and Use of Machinery.
VI. General

CONTENTS
THE THREE (3) SCHEDULES
FIRST SCHEDULE:
Dangerous Occurrence
SECOND SCHEDULE:
Serious Bodily Injury
THIRD SCHEDULE:
Notifiable Industrial Diseases

OCCUPATIONAL SAFETY AND

HEALTH AFTER 1994
Occupational Safety and Health Act
1994 (OSHA 1994)
Scope of legislation:
Protect safety and health of workers in all
sectors of the economy
Element of Duty of Care

CATEGORIES OF LEGISLATIONS

Control of industrial activities or

use of specific materials/
chemicals

Basic and general statutory

requirements

CATEGORIES OF LEGISLATIONS
1. Control of industrial activities
Mineral enactment
Atomic Licensing Act 1984

Pesticides Act 1974

Petroleum (Safety Measures) Act
1984
Electricity Supply Act 1990

CATEGORIES OF LEGISLATIONS

Basic and general statutory

requirements

Factories and Machinery Act 1967 (FMA 1967)

Occupational Safety and Health Act 1994

(OSHA 1994)

ENFORCEMENT (DOSH)
Department of Occupational Safety and Health
(DOSH)
FUNCTIONS:
Enforcement of FMA 1967 & OSHA 1994
Undertake OSH promotions activities
Review of existing legislations
Provide consultation and guidance
Act as a secretariat for the National Council for OSH

OBJECTIVES OF OSHA
I. To ensure the safety, health and welfare of persons
at work.
II. To protect person at a place of work other than

persons at work.
III. To promote an occupational environment for

persons at work which is adapted to their

physiological and psychological needs.
IV. To provide the means towards a system of

regulations and approved industry codes of

practice.

OSHA
1994

PART IV
(SECTION 15-19)

EMPLOYER
S

RESPONSIBILITIES
EMPLOYEE

PART VI
(SECTION 24 27)

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
Section 15

(1) Ensure the safety, health and welfare of all

workers while at work
This includes:
(2) a) Making arrangements and maintenance of
plants and work system.
b) Making arrangements for the use, handling,
storage and transportation of the plant and
substances.

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
c)Provision of information, instruction, training
and supervision
d) Provide and maintain workplace / access
routes to and from work areas
e)Provide and maintain work environment with
adequate welfare facilities

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
MAINTENANCE
Should take into consideration:
A system of regular inspection of machinery /
equipment to identify and report defects to the
person in-charge.
Improvement/upgrading works by repair or by
Replacement.

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
SAFE SYSTEM OF WORK
Safe premises and plant.
Effective preventive maintenance.
Adequate lighting and ventilation.
Selection, instruction and training for workers.
Competent supervision and enforcement of

rules and regulations.

Additional protection for disabled persons.

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS)
SAFETY AND HEALTH ARRANGEMENTS
Provision of proper personal protective
equipment and tools
Safe handling arrangements taking into
account:
Weight overloads
Enclosure of dangerous substances
Protection from hazardous contaminations

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
SAFETY AND HEALTH ARRANGEMENTS
Safe and adequate storage facilities
Safe transportation arrangements
Load is secured and stable
Load is packaged safely

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
OTHER DUTIES
Formulate a written Safety and Health policy

(Section 16 PART IV)

Conduct operations without endangering

the safety of others non-workers and publics Section 17(1)

Provide information to others on business

Operations - Section 17(2)

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
SAFETY AND HEALTH POLICY
Statement of intent
Organization
Arrangements

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
STATEMENT OF INTENT
Safety must be given priority in all daily work activities
Safety is to be integrated into all daily work activities
Safety of workers and others (visitors, guests,

outsiders) are of outmost priority

The company will do anything in its power to

avoid and prevent accidents

PART IV:
GENERAL DUTIES OF EMPLOYERS
AND SELF-EMPLOYED PERSONS
Section 18
Responsibility of an occupier of a non
domestic premise is to ensure the place of
work is free from risks to the safety and health
of those other than his workers.

PART VI:
GENERAL DUTIES OF EMPLOYEES
Section 24
Ensure personal safety and that of others
Cooperate with employer and others
Properly wear and/or use personal protective

equipment that are provided

Comply to any safety instructions

PART VI:
GENERAL DUTIES OF EMPLOYEES
Section 25
An employee:
May not intentionally, recklessly or negligently
interfere or misuse anything provided or done
in
the interests of safety, health and welfare in
pursuance of the Act

PART VI:
GENERAL DUTIES OF EMPLOYEES
Section 26
The employer may not charge employees
for things done or provided
Section 27
Employer / trade union may not discriminate
-dismiss, injure or change position of any
employee

ROLE OF ORGANIZATION
NIOSH - Training Programmes
Information & consulting service
Newsletter

ROLE OF ORGANIZATION
SOCSO (Social Organization Security)

SOCSO has always emphasized occupational safety and health

by seeking to integrate its activities as part of daily work
management. Implementation of a comprehensive
Occupational Safety and Health Management System would
ensure that a culture of occupational safety and health for all
its employees, customers and general public who deal with
SOCSO is observed and adhered to.
Provide a social security protection to employees and their

dependents
Statistical information on accidents
Rehabilitation information

introduction of osh legislation/aab/ppd