HOW DOSH IMPLEMENT SELF-REGULATION APPROACH IN ENFORCING OSHA - SHARING OF EXPERIENCE Ir. AHMAD ZAIDI BIN MD DIN DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH) PUTRAJAYA

INTRODUCTION – OHS LEGISLATION DEVELOPMENT IN MALAYSIA Boiler Safety Boiler Safety + Machinery Safety Boiler + Machinery + Industrial Safety Boiler + Machinery + Industrial + Hygiene Safety Occupational Safety And Health The Perak Order In Council, Selangor Boiler Enactment Negeri Melayu Bersekutu has been enforced by Perak Order Council Machinery Enactment of 1913 Machinery Enactment of 1932 under Mineral Department. The Machinery Ordinance has been enforced. Factory & Machinery Act1967 (By Department of Factory & Machinery – JKJ) Occupational Safety & Health Act 1994 1890 1892 1908 1913 1932 1953 1967 1994

2016 Pre-Independence 1876 1967 1994 2020 Post-Independence Self-Regulation Preventive Culture Control by colonial system (British) Focus on rubber & tin industries (immigrant workers) First appointed Boiler Inspector in 1878 In 1913, scope of an inspector was expand to other dangerous machinery Est. Factory & Machinery Dept Est. National Institute Of Occupational Safety and Health 1985 Formation of : Major Hazards Div. Ind. Safety Div. Ind. Hygiene Div. Off-Shore Div. Health Div. Etc. Est. National Council for OSH (NCOSH) Developed national OSH strategy & program (OSH Master Plan) Developed OSH MS Promote Tripartisme Negotiations and Cooperation Safety elements integrate into daily business CONVENTIONAL OSH SYSTEMATIC APPROACH

DOSH CORE BUSINESS DOSH CORE ACTIVITIES STANDARD SETTING ENFORCEMENT Policy review Develop OSH Regulations, Code of Practise, Guidelines Statistics: Collection & Analysis - Accident cases - Occupational diseases - Enforcement Data & Promotion STANDARD SETTING Approvals Registrations Recognition and Certification Inspection Investigation Prosecution DOSH CORE ACTIVITIES DOSH CORE BUSINESS ENFORCEMENT World OSH Day OSH Week National OSH Excellent Awards Campaign and Safety Talks Workshop Seminars Road show Association / NGO training Program PROMTION

OBJECTIVES DOSH AUTHORITIES Occupational Safety and Health Act 1994 (Akta 514) Petroleum Act (Safety Measures) 1984 (Act 302) Factory and Machineries Act (Act 139) OBJECTIVES To ensure the safety, health and welfare of employess

Factory and Machinery Act 1967 Scope applies to Factory, Constructions & Work of Engineering, Mining, Quarry and Machineries Too prescriptive Too dependent on Government (inspectors of factory and machineries)

THE OCCUPATIONAL SAFETY AND HEALTH ACT 1994 To secure the safety, health and welfare of person at work place To protect persons at work place against RISK To provide means of OSH framework legislation to improve the standard of safety and health To promote occupational environment adapted to physiological and psychological needs OBJECTIVES OSHA 1994

PHILOSOPHY AND PRINCIPLE OF OSHA Responsibility to ensure safety and health lies to the person who create and work with the RISKs Self Regulations Negotiations and Consultations Cooperation between Employer, Employees and Govt

SELF REGULATION CONCEPT OSHA 1994 AIMS : Shifting the OSH responsibility from the Government to the industry 100 % RESPONSIBILITY GOVERNMENT INDUSTRY 0 % now future

SCOPE OF OSHA Schedule 1, OSHA Argriculture, Transport, Manufacturing Forestry and Fishing Hotel and Restaurant Wholesale and Retails Trade Transport, Storage and Communication Utilities : Electicity, Gas, Water and Sanitary Services Finance, Insurance, Ral Estate and Business Services Manufacturing Mining and Quarry Construction Public Services and Statutory Authorities

ARMED FORCES OSHA DOES NOT APPLY TO : WORKING ON SHIP GOVERN BY MERCHANT SHIP ORDINANCE SABAH/SARAWAK 1960 WORKING IN SHIP (GOVERN BY MERCHANT SHIP ORDINANCE 1952

SALIENT PROVISION OF OSHA National Council for OSH General duties of - - employers, self-employed - designers, manufacturers and suppliers - employees Safety and Health Organization Reporting of accident, dangerous occurrence, occupational poisoning and disease Prohibition of the Use of Plant or Substance Industry Code of Practice Enforcement and Investigation Liability for offences Appeals Penalties

GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED PERSONS As far as practicable - provide and maintain plant and system of work make arrangements for the safe use, operation, handling, storage and transportation of substances and plant provide information, instruction, training and supervision provide and maintain place of work and means of access to and egress from any place of work provide and maintain working environment that is safe and without health risk and adequate welfare facilities

SAFETY AND HEALTH POLICY Employer responsibility Sect 16 OSHA Safety and Health Policy :- Statement of Intent and Commitment towards safety and health Basis in OSH Management System Spell out measure to be taken OSH objectives should be clear Communicate to every employees Signed by top management

Objectives Top management Dated

Establishment of Safety and Health Organization Sect. 29 OSHA – appointment of Safety and Health Officers (SHO) – applies to factory and constructions sectors Sect. 30 OSHA – formulation of Safety and Health Committee (SHC) Every workplace , employees > 40 persons Functions of SHC :- To keep under review measures taken to ensure safety and health at work To investigate any safety and health matter brought to attention of employer

DEFINITION OF SAFETY AND HEALTH COMMITTEE “A GROUP OF RESPONSIBLE PEOPLE COMMITED IN THEIR ALL OUT EFFORT TO PROVIDE A SAFE AND HEALTHY WORKPLACE” OBJECTIVES OF SAFETY AND HEALTH COMMITTEE To promote consultation and corperation between management and workers in upgrading safety and health at work To provide a two-way communication channel for dissemination of information on safety and health issues To enhance interest and motivation of all groups of management and workers at workplace of work in safety and health

APPOINTMENT OF COMPETENT PERSONS Safety and Health Officers (SHO) – Sect 29 OSHA Noise Competent Persons – Noise Exposure Regulations Chemical Health Risk Assessor – USECHH Regulations 2000. Site Safety Supervisor – BOWEC Regulations 1986 Hygiene Technician - USECHH Regulations 2000

Safety and health officer – DETAILS PROVISION UNDER THE ACT OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER) ORDER 1997 OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND HEALTH OFFICER) REGULATIONS 1997

SAFETY AND HEALTH OFFICER order 1997 The employer of the following class of industry shall employ a full time SHO Class of Industry description Construction Total contract cost > RM20million Ship building Employed > 100 employees Gas processing plant or Petrochemicals Chemical and allied industry Boiler or pressure vessel manufacturer All metal industries All wood working Any cement manufacturing All other manufacturing activity Employed > 500 employees

DUTIES OF SHO AS STIPULATED UNDER OSHA a. to advise employer on the measures to be taken in the interests of safety and health b. to inspect place of work to determine any hazard liable to cause bodily injury c. to investigate any accident, near miss, dangerous occurrence, poisoning or disease to assist employer or S&H Committee in organizing and implementing OSH program e. to become the secretary of a S&H Committee f. to assist the S&H Committee in inspections g. to collect, analyse and maintain statistics h. to assist any officer in carrying his duty under the Act and regulations i. to carry out any other instruction made by the employer on any matters pertaining to safety and health at workplace (Reg 18)

INTRODUCTION TO OSHMS CONCEPT WHAT IS OSHMS? A CORDINATED & SYSTEMATIC APPROACH TO MANAGING SAFETY AND HEALTH RISKS REQUIRES A COMPREHENSIVE AND SYSTEMATIC PROCESS FOR THE ONGOING IDENTIFICATION AND ASSESSMENT OF WORKPLACE HAZARDS AND RISKS CONCEPT

OSHMS VS OSHA

PDCA CONCEPT DO ACT PLAN CHECK

CRITICAL ELEMENTS OSH POLICY EMPLOYEE PARTICIPATION RESPONSIBILITY, ACCOUNTABILITY & AUTHORITY COMPETENCE, TRAINING & AWARENESS INITIAL REVIEW OSH OBJECTIVES HAZARD IDENTIFICATION, RISK ASSESSMENTS & RISK CONTROLS EMERGENCY PREPAREDNESS & RESPONSE PERFORMANCE MONITORING & MEASUREMENT CONTINUAL IMPROVEMENT

PDCA CONCEPT PDCA CYCLE & ELEMENTS SINCE OSH MS IS A MANAGEMENT SYSTEM SO GENERALLY FOLLOW A “PLAN-DO- CHECK-ACT” MODEL / BASED ON “IMPROVEMENTS CYCLE” SET UP OSH TARGET & PLAN HOW TO REACH THE TARGET EXECUTE THE PLANS CHECKS THE RESULTS ACT ON DEVIATIONS

EXAMPLE OF OSHMS OCCUPATIONAL SAFETY AND HEALTH MANAGEMENT SYSTEM MS 1722 : 2011 REQUIREMENTS OHSAS 18001: 2007 SS 506 PART 1:2009 AS/NZS 4804: 1997 ILO-OSH 2001: GUIDELINES ON OCCUPATIONAL SAFETY AND HEALTH MANAGEMENT SYSTEM ANSI /AIHA Z10 - 2005

PRO/CONTRA OF OSHMS OSHMS PRO CONTRA IMPROVEMENTS OF : SAFETY HEALTH RELATIONS MORALE IMAGE AWARENESS OF REGULATORY REQUIREMENTS HELP LOWER INSURANCE PREMIUM GOOD BUSINESS HIGH COST FOR CERTIFICATION REQUIRE MAINTENANCE FOCUS ON DOCUMENTATION

PROCESS FLOW FOR IMPLEMENTING OSHMS Declaration of Safety and Health Policy Identification of Hazards Assessment of Risks Establishment of Occupational Safety and Health Objectives Development of Occupational Safety and Health Plan Implementation of Occupational Safety and Health Plan Routine Monitoring And Improvement Investigation of Work-related Accidents, Incidents and Diseases Emergency Prevention, Preparedness and Response Performance Monitoring and Measurement Audit Preventive and Corrective Action Management Review Basic Requirements OSH Structure Worker Participation Documentation Recording Communication Responsibility Training

HIRARC – Hazard Identification, Risk Assessment and Risk Control A tool to : - Identify hazards Evaluate risks Establish risk control Prioritize risk control HIRARC is developed (OSHA 1994- Sec 15(2a & 2b)) to control risk. 15.(2)(a).Provide & maintain plant and system of work 15.(2)(b). Make arrangements for the safe use, operation and handling, storage and transportation of substances and plant Requirement under OSH Management Systems – MS 1722, OHSAS 18000 and other management system

OSHMS OSHMS - conclusion COMPLY TO REGULATORY REQUIREMENTS PRACTICE SELF- REGULATION SYSTEMATIC & DOCUMENTED SYSTEM OSHMS

OSHMS - conclusion OSHMS - MANY BENEFITS OSHMS (MS 1722: 2011) – TOOLS FOR SELF-REGULATION SYSTEMATIC MANAGEMENT SYSTEM FOR OSH

DOSH OBJECTIVE

DOSH --- WAY FORWARD Develop new OSH Master Plan 2020 (OSHMP2020 ; 2016-2020) Strengthen Government Leadership in OSH Strengthen Industry Leadership in OSH Enforcement Uniformity Model – Risk Based Enforcement Selective sector/industry Migrating FMA with OSHA – to further widen the scope and concept of self regulations – soon Outsourcing Delegation of powers Enhancing and promoting OSH in Small Medium Enterprises Coaching and Mentoring program

CONCLUSION Self regulations in OSHA is well adapted and developing Good OSHMS practice – better compliances of OSHA, reduce accident and fatality Close cooperation between Government, Industry Key Player and Workers is essential to encourage self regulations concept in OSH OSHMS if excellently implemented can mature the self- regulations concept

THANK YOU FOR YOUR ATTENTION Ir. Ahmad Zaidi Bin Md Din SME & Other Sectors Division Department of Occupational Safety and Health Level 2, 3 & 4, Block D3, Complex D, Federal Government Administrative Center, 62530 PUTRAJAYA 03-88865300 ahmadzaidi@mohr.gov.my

Q & A