1. 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

2. 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

3. 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

4. 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

5. 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

6. 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)

7. 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

8. 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

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

10. 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

11. 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

12. 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

13. 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

14. 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

15. Objectives
Top management
Dated

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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)

22. 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

23. OSHMS VS OSHA

24. PDCA CONCEPT DO
ACT
PLAN
CHECK

25. 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

26. 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

27. 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 Z

28. 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

29. 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

30. 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 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 and other management system

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

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

34. DOSH OBJECTIVE

35. DOSH --- WAY FORWARD
Develop new OSH Master Plan 2020 (OSHMP2020 ; )
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

36. 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

37. 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

38. Q & A