AKTA BERKAITAN KESELAMATAN BAB 3 AKTA BERKAITAN KESELAMATAN

SAFETY ACT Occupational Safety and Health (OSH)-concerned with protecting the safety, health and welfare of people engaged in work or employment. OSH may also protect co-workers, family members, employers, customers, suppliers, nearby communities, and others members of the public who are impacted by the workplace environment.

Since 1950, the international Labor Organization (ILO) and the World Health Organization (WHO) have shared a common definition of occupational health. The definition reads:

“ Occupational health should aim at: the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupational: the prevention amongst workers of departures from health caused by their working conditions.”

The protection of workers in their employment from risks; the placing and maintenance of the worker in an occupational environment adapted to his physiological and psychological capabilities; and to summarize, the adaptation of work to man and of each man to his job.

Different states take different approaches to legislation, regulation and enforcement. In the USA, OSHA, regulating occupational safety and health since 1971. OSH regulation of a limited number of specifically defined industry was in place for several decades before the establishment of OSHA.

In the UK, health and safety legislation is enforced by the Health and Safety Executive and local authorities under the Health and Safety at work etc. Act 1974. The regulatory trend is away from prescriptive rules, and toward risk assessment. Recent major changes to the laws governing asbestos and fire safety management embrace the concept of risk.

In Malaysia, the Department of Occupational Safety and Health (DOSH) under the Ministry of Human Resource is responsible to ensure that the safety, health and welfare of workers in both the public and private sector is upheld. DOSH is responsible to enforce the Factory and Machinery ACT 1967 and the Occupational Safety and Health Act 1994.

The Occupational Safety and Health Act 1994 (Act 514) is a piece of Malaysian legislation which was gazetted on 25 February 1994 by the Malaysian Parliament. The principle of the Act is: "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."

OSHA 1994 diperlukan kerana Akta Kilang dan Jentera 1967 mempunyai beberapa kelemahan dari aspek skop pemakaian dan pendekatan. Akta ini terpakai di seluruh Malaysia bagi pelbagai industri spt perkilangan; perlombongan; pembinaan; pertanian, perhutanan & perikanan; kemudahan elektrik, gas, air dan perkhidmatan kebersihan; perdagangan borong dan runcit; hotel & insurans dsbnya.

Occupational Safety and Health Act (US) The US Occupational Safety and Health Administration (OSHA) is an agency of the US Department of Labor. It was created under the Occupational Safety and Health Act, signed by President Richard M. Nixon on December 29, 1970. Its mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (called standards) for workplace safety and health.

The Act was created to protect worker and workplace safety. Its main aim was to ensure that employer provide their workers with an environment free from dangers to their safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers or heat or cold stress.

Health and Safety at Work Act (UK) Before 1974 - approximately 8 million employee has no legal safety protection at the work. HASAWA 74 provides the legal framework to promote, stimulate and encourage high standard of health and safety in place of work. It protects employee and the public from work activities. Everyone has a duty to comply with the Act, including employers, employees trainees, self-employed, manufacturers, suppliers, designers, importers of work equipment.

The Health and Safety at Work Act 1974 (HSWA or HASAWA) is an Act of the Parliament of the UK enacted in 1974 that set basic principles which must be followed by both employee and employers to help ensure a safe working environment.

Employers responsibilities: Employers must comply with Act. They must provide and maintain safety equipment and safe systems of work. Ensure materials used are properly stored, handled, used and transported.

Provide information, training, instruction and supervision Provide information, training, instruction and supervision. Ensure staff are aware of instructions provided by manufacturers and suppliers of equipment. Provide a safe place of employment. Provide a safe working environment. Provide a written safety policy/risk assessment. Look after health and safety of others (public).

Talk to safety representatives. An employer is forbidden to charge his/her employees for any measures which he/she is required to provide in the interests of health and safety, example personal protective equipment.

2. Employees’ : Take care of their own health and safety and that of other persons. Co-operative with their employers. Must not interfere with anything provided in interests of health and safety.

Enforcement Action (Penguatkuasaan): 1. Legal Notices - written document requires person to do/stop doing something. -improvement: say what is wrong and how to put right within a set time. -prohibition: prohibits use of equipment, unsafe practices immediately.

2. Prosecution (pendakwaan): both employers and employee face prosecution. -maximum 5000 pound in Magistrates’ Court. -unlimited fine and jail in Crown Court.

Enforcement of Health and Safety Legislation (Pendakwaan): -for the type of business, the Local Authority EHO (Environment Health Officer) will be the enforcement officer. For manufacturing/large construction or industrial sites the HSE (Health and Safety Executive) carry out inspections.

The powers of an inspector (HSE) include: 1. Rights of entry at reasonable times, etc without appointments. 2. Right to investigation, examine. 3. Right to dismantle equipment, take substances/equipment. 4. Right to see document, take copies. 5. Right to assistance (from colleagues or Police) 6. Right to ask questions.

HSC & HSE, Regulation and Codes of Practice: - sections 10 to 14 establish the Health & Safety Commission and the Health & Safety Executive. The HSC is made up of a Chairman and between 6 to 9 members - representing employers, employee, local authorities and professional bodies.

The HSC and HSE work closely to recommend legislation, develop guidance and codes of practice and, enforce health and safety laws. Sections 15 and 16 deal with the making of regulations and the approval of codes of practice.

INDONESIA SAFETY ACT NO. 1 OF 1970 on SAFETY Considering: a. That every worker is entitled to protection of his safety in performing work, b. That the safety of every other person in the workplace should be ensured, c. That every source of production should be used and applied safely and efficiently; d. That in this regard it is necessary to make every effort to develop labor protection standards,