Legal requirements of Occupational Safety and Health Occupational Health EOH3202 Dr. Emilia Zainal Abidin Environmental & Occupational Health Faculty of Medicine and Health Sciences University Putra of Malaysia Laws and regulations related to OSH are quite extensive OSH performances are always monitored & plans are formulated to keep improving OSH standards Protection of S&H of workers is essential element in achieving decent working condition for all, more so in the current context of globalization of the world's economies OSH is therefore is the major and positive factor in favor of economic growth and productivity

Human Right The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being As defined by WHO

Legal standing Act -General rules -endorsed by parliament Regulation -Details of act -endorsed by minister Industry Code of Practice -Any code, standard, rule, Specification related to OSH -approved by minister Guidelines -technical advisory document by national commission Detailed information No legal standing

Malaysia: Evolution of OH Law Occupational safety – Boiler inspector in the 20th century Early legislation – Machinery safety FMA Regulations 1.notifiable industrial disease 2.lead 3.asbestos 4.noise 5.mineral dust Factory & Machinery Act 1967 Employees’ SOCSO Act 1969 Occupational safety – boiler surveyor during the 20th century Early legislation was more machinery safety Factory and Machinery Act 1967 and Regulations Bhopal chemical disaster (1984) and Bright Sparkler’s incident in 1991 – increased chemical safety awareness Occupational Safety and Health Act 1994 – wider scope of activities and jurisdiction Chemical & safety awareness increased due to Bhopal 1984 & bright sparkler incidence 1991 OSHA 1994

OH related Law in Malaysia – under the Ministry of Human Resources Social Security Organisation Department of Occupational Safety and health Employees’ Social Security Act 1969 Factory and Machinery Act or FMA and Regulations Occupational Safety and Health (OSHA) 1994 and Regulations – could be downloaded at http://www.agc.gov.my/Akta/Vol.%2011/Act%20514.pdf

Factory and Machinery Act 1967 Prescriptive in nature and very specific Approach: traditional checklist and stressing on enforcement Coverage: manufacturing, construction, mining and quarrying work (23% workforce) Purpose: prevent occurrence of occupational accidents and disease at specified workplaces

FMA and Regulations – health related Notifiable industrial diseases – in the 3rd schedule Lead regulations 1984 Asbestos process regulations 1986 Noise exposure regulations – 1989 Mineral dust regulations 1989

Area covered in FMA regulations Standard Action level and Permissible Exposure Limit or PEL Control measures Engineering, administrative and PPE Surveillance Exposure monitoring – ambient and biological sampling Medical examination – content, frequency, medical removal Others Record keeping and penalty

Example 1: Lead regulation 1984 Medical surveillance Baseline – exposed > action level Yearly – blood level > 40 ug/ml Content: work/medical history, blood pressure, neurological exam, investigation (blood lead, hb, haematocrit, renal profile) Medical removal protection Blood lead > 80 ug or average 3 blood sampling > 75 ug Women of child bearing capacity Pregnancy and breast feeding

Example 2: Asbestos Process Regulation 1986 Surveillance: exposure (personal) monitoring – at interval not longer than 3 months Medical exam: frequency: pre employment, 2 yearly content: history, physical exam, chest x-ray, lung function test Medical removal: early state of asbestos induced disease

Example 3: Noise Exposure Regulation 1989 Standard: Action level: 85 dB (A) PEL Continuous >90 dB Intermittent at any one time – 115 dB Impulsive – 140 dB Control measures Engineering and administrative Training, warning signs Hearing protection devices Exposure monitoring Audiometric test Conducted by a competent person Standard technique Frequency: yearly, or 2 yearly

OSH Act 1994 • Need for OSH Act OSH Act 1994, scope & concept 1st schedule Objects of OSHAct Regulations Provisions of OSH • General Duties of Employers and Self-Employed Persons General Duties of Designers, Manufacturers & Suppliers • General Duties of Employees • Liability for Offences Other provisions of OSH

The Need for OSH Act 1994 Enacted on the 25th of Feb, 1994 on the basis of: Inadequacy of Factory & Machinery Act 1967 on factors pertaining to its: 1. Scope 2. Prescriptive on machinery sector 3. Dependency on government for regulatory processors Statistics on occupational accidents was high: saw the need to reduce rates of accidents arise

OCCUPATIONAL SAFETY AND HEALTH ACT 1994 Act 514: OSH Act 1994 OCCUPATIONAL SAFETY AND HEALTH ACT 1994 Provisions for: Securing the safety, health & welfare of persons at work Protecting others against risk to S&H due to activities at work To establish the National Council for OSH & other relevant matter Act is self-regulatory, based on principles of cooperation and consultation

those who create the risks (employers) OSHA 1994 Concept of RESPONSIBILITY – work with the risk on the one who create the risk & PLACE OF WORK – or use for storing premises where persons work Depends on severity, “as best as employer Cost & suitability MEASURES – provide” CONTROL Responsibility for safety and health in the workplace lies with those who create the risks (employers) and those who work with the risks (employees) Concept is Self Regulation - Employers must develop a good and orderly OSH management system. Cooperation - Where employers, employees and the government must negotiate to settle issues and problems relating to OSH at the workplace. Consultation - where employers and employees must co-operate to take care, nurture and to increase the quality of OSH at the workplace.

OSH Act 1994 Wider scope – covers all workers in all economy related activities (1st schedule) excluding : Was estimated in 2002, 7 million of working citizens are protected under OSH 1994 (NIOSH 2002) those working on board ships governed by Merchant Shipping Ordinance 1952 Armed forces

Wholesale & retail trades First Schedule Manufacturing Transport, storage & communication Mining & quarrying Wholesale & retail trades Construction Hotels & restaurants Agriculture, forestry & fishing Finance, insurance, real estate & business service Utilities: Electricity, gas, water & sanitary service Public services & statutory authorities

Objects of OSHA 1994 Secure safety, health & welfare of workers Protect other persons at place of work (visitor, etc.) Promote occupational environment adapted to physiological & psychological need Provide system that is flexible to cater rapid change Secure the safety, health, and welfare or persons at work - Protect persons at place of work other than persons at work Promote an occupational environment adapted to physiological and psychological needs To provide the means whereby the associated occupational safety and health legislations may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health

Act provides for Malaysian Minister to issue regulations to implement OSHA1994 more precisely Policy Statements (Exception) 1995 CIMAH 1996 S&H Committee (>40 workers) 1996 Hazardous Chemicals 1997 CPL S&H Officer Substance Order 1999 Prohibition of Use of USECHH 2000 NADOOPOD 2004

Content of OSHA 1994 National Council for OSH Department of Occupational Safety and Health General duties of employers and self-employed General duties of designers, manufacturers, importers and suppliers General duties of employees Safety and health committee at work Notification Enforcement and investigation

Under OSHA, the NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND HEALTH was established Members consist of - 3 rep from employers organization - 3 rep from employees organization - 3 rep from government - 3 or > rep from professional bodies

Safe outlet for entering welfare at work Ensure safety, - Section 15 health and Plant & system of Maintenance of work Handling, storage & During operation, Ensure safety transport Provide information Instruction, training & supervision Safe outlet for entering Provide & maintain & leaving environment Safe working Duties of employer & self employed persons

Section 16, 17 & 18 Provide a safety policy (workers >5) Ensuring other persons are not exposed to risk from activities at the work place Disseminating information on aspects of work activities that could affect S&H of others Liable to fine of RM 50k or 2 years of imprisonment or both when contravene with section 15, 16, 17 or 18

“So Far As Is Practicable….” Severity of hazard or risks involved Current state of knowledge about the hazard or risk & means to control it Availability of suitable means to eliminate or reduce the hazard or risk Cost that is involved

Duties of Designers, Manufacturers & Suppliers – Section 20 Ensuring design & construction of plant is safe Carry out tests for the above purpose Disseminate information on the use of plant Penalty : RM 20k or 2 years of imprisonment or both

General Duties of Employees – Section 24 Take reasonable care for S&H of himself & other persons Co-operate with employer in regards to adhering to this act Wear provided PPEs Comply with instruction instituted by employer on OSH Penalty : RM 1k or 3 months imprisonment or both

Other Provisions of OSHA 1994 OSHA Organization S&H Notification Accidents … of or substance Use of plant against Prohibition Industry of practice codes investigation Enforcement & Liability for offences Appeals Regulations Other Provisions of OSHA

“There are two kinds of people, those who do the work and those who take the credit. Try to be in the first group; there is a lot less competition there” -Indira Gandhi

Thank you! Questions?

Guidelines under OSHA 1994 Guidelines for Public Safety and Health at Construction Site 1994 Guidelines on Occupational Safety and Health in the Office 1996 Guidelines on First-Aid Facilities in the Workplace 1996 Examination Syllabus for Engineer's Certificate of Competency (Steam and Internal Combustion Engines) Examination 1996 Guidelines on Method of Sampling and Analysis for Airborne Lead 1997 Guidelines for the Formulation of a Chemical Safety Datasheet 1997 Guidelines for the Classification of Hazardous Chemicals 1997 Guidelines for Labelling of Hazardous Chemicals 1997 Guidelines on Occupational Safety and Health in Tunnel Construction 1998

Guidelines under OSHA 1994 Garispanduan Pendaftaran Tenaga Pengajar dan Pengendalian Kursus Induksi Keselamatan dan Kesihatan Pekerja Sektor Binaan 2000 Guidelines for the Registration of Assessors, Hygiene Technician and Occupational Health Doctor 2000 Guidelines for the Preparation of a Chemical Register 2000 Guidelines on Trenching for Construction Safety 2000 Assessment of the Health Arising from Use of Hazardous Chemical in the Workplace (2nd Edition) 2000 Guidelines on the Control of Chemicals Hazardous to Health 2001 Guidelines on Medical Surveillance 2001 Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Am) 2001

Guidelines under OSHA 1994 cont. Garispanduan Penyediaan Dokumen Demonstrasi Operasi Selamat (Penstoran Gas Petroleum Cecair Di Dalam Selinder) 2001 Panduan Bagi Pencegahan Tekanan Dan Keganasan Di Tempat Kerja 2001 Guidelines on Monitoring of Airbone Contaminant For Chemicals Hazardous To Health 2002 Guidelines on Occupational Safety and Health for Standing at Work 2002 Guidelines on Reproductive Health Policy & Programmes at the Workplace 2002 Guidelines on Occupational Safety and Health in Agriculture 2002 Guidelines on Occupational Vibration 2003 Guidelines on Occupational Safety and Health for Seating at Work 2003 Garispanduan Untuk Memohon Sebagai Pusat Pengajar Pegawai Keselamatan dan Kesihatan 2003

Guidelines under OSHA 1994 cont. Guidelines on Occupational Safety and Health in Fishing and Aquaculture Operation 2003 Guidelines on Gender Issues in Occupational Safety and Health 2003 Guidelines on Occupational Safety and Health for Working with Video Display Unit (VDU’s) 2003 Guidelines on Occupational Safety and Health In Logging Operations 2004 Guidelines on Preventing and Responding to Drugs and Alcohol Problems In The Workplace 2004 Guidelines on Occupational Safety and Health In Service Sector 2004 Guidelines on First-Aid in the Workplace (2nd Edition) 2004 Guidelines on Occupational Health Services 2005