OCCUPATIONAL

HEALTH LAWS

ZMarziah© 2018 1
ZMarziah© 2018 2
List of regulations under OSHA 1994
1.Occupational Safety and Health (Employers' Safety and Health General Policy
Statements) (Exception) Regulations 1995
2.Occupational Safety and Health (Control of Industry Major Accident Hazards)
Regulations 1996
3.Occupational Safety and Health (Safety and Health Committee) Regulations 1996
4.Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous
Chemicals) Regulations 1997 Repealed by the Occupational Safety and Health
(Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations
2013)
5.Occupational Safety and Health (Safety and Health Officer) Regulations 1997
6.Occupational Safety and Health (Safety and Health Officer) Order 1997
7.Occupational Safety and Health (Prohibition of Use of Substance) Order 1999
8.Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous
to Health) Regulations 2000
9.Occupational Safety and Health (Notification of Accident, Dangerous Occurrence,
Occupational Poisoning and Occupational Disease) Regulation 2004
ZMarziah© 2018 3
ZMarziah© 2018 4
ZMarziah© 2018 5
ZMarziah© 2018 6
Principles of OSH Legislation

"To make further provision for securing that 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."
ZMarziah© 2018 7
 Surveillance
and Reporting
of Occupational
Disease

ZMarziah© 2018 8
Occupational disease and injury surveillance entails the systematic
monitoring of health events in working populations in order to prevent
and control occupational hazards and their associated diseases and
injuries.

Occupational disease and injury surveillance has FOUR ESSENTIAL

COMPONENTS (Baker, Melius and Millar 1988; Baker 1986).

• Gather information on cases of occupational diseases and injuries.

• Distil and analyse the data.
• Disseminate organized data to necessary parties, including workers, unions,
employers, governmental agencies and the public.
• Intervene on the basis of data to alter the factors that produced these health
events.

ZMarziah© 2018 9
 OBSTACLES TO THE
RECOGNITION OF
OCCUPATIONAL
DISEASES

ZMarziah© 2018 10
First, recognition of the underlying
cause or causes of any illness is the
sine qua non for recording and Certain features characteristic of
reporting occupational diseases occupational disease exacerbate the
difficulty of recognizing occupational
diseases.
Health care providers are often not
adequately trained to suspect work With few exceptions—most notably,
as a cause of disease (Rosenstock angiosarcoma of the liver, malignant
1981) . mesothelioma and the pneumoconiosis

Do not routinely obtain histories of —most diseases that can be caused by

occupational exposure from their occupational exposures also have non-
patients (Institute of Medicine 1988) occupational causes
ZMarziah© 2018 11
STATE COMPENSATION AND CIVIL LAW
ZMarziah© 2018 12
 What is a welfare?
1: the state of
doing well
especially in
Which agency
respect to good
that is
fortune,
responsible to
happiness, well-
manage workers’
being, or
welfare?
prosperity must
look out for your
own welfare

b : an agency or 2a : aid in the

program through form of money or
which such aid is necessities for
distributed those in need

ZMarziah© 2018 13
 LABOR
DEPARTMENT SOCSO

ZMarziah© 2018 14
ZMarziah© 2018 15
ZMarziah© 2018 16
The Employees Social Security Act 1969 covers all workers who earn
less than RM3000.00
This means that all employees under a contract of service or apprenticeship and earning less than RM3,000 per month
must compulsorily register and contribute to SOCSO regardless of the employment status whether it is permanent,
temporary or casual in nature

The current rates of contribution are as follow:

1. Share Division Until 55 years After 55 years until 75 years
2. Employer Share 12% 6%
3. Employee’s Share 11% 5.5%
4. Total 23% 11.5%

Source: Malaysia payroll service report, (2009)

ZMarziah© 2018 17
EMPLOYMENT INJURY SCHEME
Employment Injury Scheme provides protection to an employee against accident or an
occupational disease arising out of and in the course of his employment. The
protection under this scheme covers the following:
• Industrial accident
• Commuting accident
- on a route between his place of residence or stay and his place of work
- on a journey made for any reason which is directly connected to his employment
- on a journey between his place of work and the place where he takes his meal during any
authorized recess
• Note : An accident that occurs during any interruption or deviation shall not be deemed to arise out of
and in the course of his employment.

ACCIDENT DURING EMERGENCY

Accident which occurs during an emergency at the employer’s premises while in the course of
assisting, rescuing, or protecting other people from disaster or danger during an emergency.

OCCUPATIONAL DISEASES
Diseases resulted from his occupation as described in the Fifth Schedule of Employees’ Social
Security Act 1969.
ZMarziah© 2018 18
Benefits under The Employment Injury Scheme

• Medical Benefit
• Temporary Disablement Benefit
• Permanent Disablement Benefit
• Constant-attendance Allowance
• Facilities for Physical / Vocational Rehabilitation
• Dependants’ Benefit
• Funeral Benefit
• Education Benefit

ZMarziah© 2018 19
How do we report an accident and what are the documents
needed to make a claim?

• For accidents at the work place, the employer has to notify SOCSO
by filling in the Accident Report (Form 21) and submit a claim form
(Form 10), punch cards or attendance records, medical certificate and
a copy of the identity card to the SOCSO Office.

• If the accident occurs while commuting to and from work, these

documents must be accompanied by a police report and sketch map
of the route taken at the time of accident.

ZMarziah© 2018 20