DUW10032

INTRODUCTION TO
OCCUPATIONAL SAFETY
AND HEALTH LEGISLATION
TOPIC 1
Presented by:
SAIFUL AZHAR BIN MAHAT @ KASSIM
POLITEKNIK SULTAN IDRIS SHAH, SELANGOR
Concept
Occupational safety and health (OSH) is generally defined
as the science of the anticipation, recognition, evaluation
and control of hazards arising in or from the workplace that
could impair the health and well-being of workers, taking
into account the possible impact on the surrounding
communities and the general environment.
Occupational safety and health is identified as the discipline
dealing with the prevention of work-related injuries and
diseases as well as the protection and promotion of the
health of workers. It aims at the improvement of working
conditions and environment.
Enacted on 25th February 1994, the Occupational Safety
and Health Act 1994, or Act 514, is the primary legislation
in Malaysia that regulates workplace safety and health. It
outlines the duties and responsibilities of employers,
employees, manufacturers, and suppliers to ensure a safe
and healthy workplace.
The importance of
safety in workplace
Prevent Illness Increase
and Injury Productivity
Safety and Health procedures in the Unsafe working environments and injuries
workplace can reduce the employee are bad for employee morale. Employers
illnesses and injuries which leads to who focus on maintaining a safe and
minimizing potential death to be happened. healthy work environment besides
These procedures can help the employer conducting safety and health training to
and employees to understand the potential employees can build a stronger
hazards in their work environment. Most of relationship with employees. Hence,
safety issues aroused due to their lack of employees will feel their existence as a
knowledge and skills regarding to Safety part of a team working together.
and Health procedures.
The importance of
safety in workplace
Increase Public Avoid from Huge
Perception Loss in Business
Not having safety and health procedures in Employers must continue to pay
a workplace can have negative impacts to employees who miss work because they
the business activities. A company that are unavailable as a result of a workplace
does not meet safety and health standards, injury or illness. If the absence is long-
it will face of losing their business, money, term, the company might need to hire
respect and clients. another person to replace the injured
employee temporarily to ensure their
business run as usual. If there is a serious
injury, it might result in the shutdown of
the entire operation until an investigation
is conducted.
The importance of
safety in workplace
Minimize Legal
Liabilities
The Government oversees the Occupational Safety and Health Act 1994
that stated people have a right to feel and be safe at work. It sets forth
minimum standards for various industries and work environments.
Therefore, safety and health training must be carried out in every
company to create the awareness about the importance of safety and
health in a workplace. Employers who disobey or violate against the
laws may face the penalties that will affect their reputations.
Duty of care
OSHA imposes a statutory duty upon all employers to ensure, so
far as practicable, the safety, health and welfare at work of all the
employees.

Put simply, having a duty of care means being responsible for

your people's health, safety and well-being. This usually means
protecting the welfare of your team members while they're at
their regular workplaces, or while they're on official business off-
site and even abroad.

Statutory requirements - These are specific obligations imposed

by statutes, which are formal written laws enacted by legislative
bodies. For instance, the Health and Safety at Work Act 1994 is
a statutory requirement that mandates employers to ensure the
health and safety of their employees.
 OSHA

The main objective of

OSHA 1994 is

To secure the safety, It is the requirement of the The OSHA establishes the
health & welfare of employer to ensure that legal framework for
employees at work against there is an effective system promoting and ensuring
any workplace hazard & in-place, employee's safety, health, and welfare
risk-activities involved. participation & continual at workplaces.
improvement in the
management of OSH
 Ensure safety, health and welfare at
the workplace
It is the duty of employer to ensure plant are maintained
and safe systems of work present at the workplace.

Employer’s Regular maintenance of plant and safe systems of work

ensure the safety and protect employees while working. By

responsibilities
means, employer are also responsible for everyone at the
workplace including visitors. Therefore, it is important to
ensure safety and health condition at workplace.

Employ a competent person as

Safety and Health Officer
Employers need to employ a competent person as a Safety
and Health Officer (SHO) at the workplace if their
industries is classified in Occupational Safety and Health
(Safety and Health Officer) Order 1997.
Competent person will assist employer in ensuring
compliance to OSHA 1994 and Its Regulations. SHO is
there to assist in implementation of safe conduct of work
at the workplace. Take note that employers will be
penalized if they failed to do so.
 Formulate safety and health policy
Safety and health policy are developed to demonstrate full
commitment of employers to health and safety at
workplace. Generally, it is a fundamental to create a safe

Employer’s workplace. It displays top management strategic direction

in complying to the Occupational Safety and Health Act

responsibilities
1994.

Minimise and prevent exposure of

risks
Employer is responsible to minimize and prevent exposure
of risk at workplace. Identification of hazards and risks
prevent any occupational accident at the workplace. This
would ensure all work is conducted safely without risking
employees’ health and safety.

Notify any dangerous occurrences.

In case of any dangerous occurrences of accidents,
employers are responsible to report, investigate and
implement future action related. Under Occupational
Safety and Health Notification of Accident, Dangerous
Occurence, Occupational Poisoning and Occupational
Disease) Regulations 2004 (NADOPOD)
 Establish safety and health
committee (SHC)
Under OSHA 1994, it is the duty of employer to establish a
Safety and Health Committee at workplace if there are 40

Employer’s or more persons employed at the workplace or as

instructed. They are important in assisting in improving

responsibilities
safety and health conditions at workplace.

Consult Safety and Health

Committee in safety and health
aspects
Safety and Health Committee serve as the medium of
communication between management and employees. It is
important to set on how they work together to clearly
communicate information or any issues. Therefore,
effective consultation between both parties is needed. It is
to ensure cooperation in promoting and developing
measures needed in implementing safety and health. The
bigger the corporation that you lead, more issues to be
handled and solved.
 Provide adequate information,
training, instruction and supervision

Employer’s
Employees will be able to perform their duties and tasks
competently with appropriate information, training,
instruction and supervision. For an instance, employers

responsibilities
are responsible to ensure that employees understand on
potential hazards, standard operating procedures (SOP)
and controls measure to be taken. They need to
understand and aware on nature of the work and risks
associated with it. Knowledge on these elements will
eliminate and minimise risks in the facility.
 To take reasonable care for the
safety and health of himself and
other persons at work who might be

Employee affected.

responsibilities Co-operate with employer and

others

Wear and used protective

equipment

Comply with intruction of OSH