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OSH IN CHEMICAL
INDUSTRIES
Chapter 2
LAWS &
REGULATIONS
Sem21415
Topic Outline
Introduction - History
The history and development of DOSH (Department of Occupational
Safety & health ) in Malaysia could be described under the following eras:
pre 1914- era of boiler safety (steam boiler at tin mine in Larut, Perak.
FMA
FMA
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11
FMA
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OSHA
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1-employers,
2-manufacturers,
3-employees,
4-the self-employed,
5-designers,
6-formulators,
7-importers and
8-suppliers.
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OSHA 1994
PART I - PRELIMINARY
Arrangement
of Parts I XV & Sections
Section 1.
Short title and application.
Section 2.
Prevailing laws.
Section 3.
Interpretation.
Section 4.
Objects of the Act.
PART II - APPOINTMENT OF OFFICERS
Section 5.
Appointment of Officers.
Section 6.
Appointment of independent inspecting body
Section 7.
Certificate of authorization
PART III - NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND
HEALTH
Section 8.
Establishment of the Council.
Section 9.
Membership of the Council.
Section 10.
Second Schedule to apply.
Section 11.
Powers and functions of the Council.
Section 12.
Appointment of secretary to the Council.
Section 13.
Committees.
Section 14.
Annual report.
PART IV - GENERAL DUTIES OF EMPLOYERS AND SELF-EMPLOYED
PERSONS
Section 15.
General duties of employers and self-employed
persons to their employees.
Section 16.
Duty to formulate safety and health policy.
Section 17.
General duties of employers and self-employed
persons to persons other
than their employees.
Section 18.
Duties of an occupier of a place of work to persons
other than his employees.
Dr.an
Ghazi
Faisal
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Section 19.
Penalty for
offence
under section 15. 16. 17 or 18
Najmuldeen FKKSA
PART V - GENERAL
DUTIES OF DESIGNERS,
MANUFACTURERS
Arrangement
of Parts (OSHA
1994) AND
SUPPLIERS
Section 20.
General duties of manufacturers, etc. as regards plant for
use at work.
Section 21.
General duties of manufacturers, etc. as regards
substances for use at work.
Section 22.
Explanations to sections 20 and 21.
Section 23.
Penalty for an offence under section 20 or 21.
Section 24.
General duties of employees at work.
Section 25.
Duty not to interfere with or misuse things provided
pursuant to certain provisions.
Section 26.
Duty not to charge employees for things done or
provided .
Section 27.
Discrimination against employee, etc.
Section 28.
Medical surveillance.
Section 29.
Safety and health officer
Section 30.
Establishment of safety and health committee at place of
work.
Section 31.
Functions of safety and health committee.
Section 32.
Notification of accidents, dangerous occurrence,
occupational poisoning and
occupational diseases, and inquiry.
Section 33.
Director General may direct inquiry to be held.
Section 34.
Power of occupational safety and health officer at inquiry.
Section 35.
Power to prohibit the use of plant or substance
Section 36.
Aggrieved person may appeal
Section 37.
Approval of industry codes of practice.
Section 38.
Use of industry codes of practice in proceedings.
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Section 39.
Powers of entry, inspection, examination, seizure, etc.
Section 40.
Entry into premises with search warrant and power of seizure.
Section 41.
Entry into premises without search warrant and power of seizure.
Section 42.
Power of forceful entry and service on occupier of signed copy of list of
things seized from premises.
Section 43.
Further provisions in relation to inspection.
Section 44.
Power of investigation.
Section 45.
Power to examine witnesses.
Section 46.
Employer, etc., to assist officer.
Section 47.
Offenses in relation to inspection.
Section 48.
Improvement notice and prohibition notice.
Section 49.
Penalty for failure to comply with notice.
Section 50.
Aggrieved person may appeal.
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Section 51.
General penalty.
Section 52.
Offenses committed by body
corporate.
Section 53.
Offenses committed by trade
union.
Section 54.
Offenses committed by agent.
Section 55.
Defense.
Section 56.
Body corporate or trade union
liable to fine.
Section 57.
Aiding and abetting.
Section 58.
Safeguards against further
Section
personal liability.
Section 59.
Civil liability not affected by
Parts IV, V and VI.
Section 60.
Onus of proving limits of what
is practicable.
Section 61.
Prosecutions.
Section 62.
Compounding of offenses.
Section 63.
Appeal committees.
Section 64.
Powers of appeal committee.
Section 65.
Decision of appeal committee.
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Section 66.
Regulations.
PART XV MISCELLANEOUS
SCHEDULES
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Safety
and
Health
General
Policy
Statement(Exception)
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Code of Practice
Code of Practice on Prevention and Management of HIV/Aids At The
Workplace (2001)
Code of Practice for Safe Working in A Confined Space (2001)
Guidelines
Guidelines For Public Safety and Health At Construction Sites
Guidelines On First-Aid In The Workplace (1996)
Guidelines On Occupational Safety and Health In The Office (1996)
Guidelines For The Formulation Of A Chemical Safety Data Sheet (1997)
Guidelines For Labelling Of Hazardous Chemicals (1997)
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To be a dynamic organization that leads the nation in creating a safe and healthy
work culture towards enhancing the quality of working life
Objectives
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Ghazi Faisal
Najmuldeen
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PENALTY
RM 1,000 or 3 months jail
or both.
Ghazi Faisal
Najmuldeen
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Ghazi Faisal
Najmuldeen
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Ghazi Faisal
Najmuldeen
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10
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(cont - The national policy on OSH management system should establish general principles and procedure to:
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Cont.
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Cont
3- Establish criteria, as appropriate, for the designation and
respective duties of the institutions responsible for the
preparation and promotion of tailored guidelines on OSH
management systems; and
4- Ensure that guidance is available to employers, workers
and their representatives to take advantage of the national
policy
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(a) their size (large, medium and small) and infrastructure; and
(b) the types of hazards and degree of risks.
2.3.2. The links between the national framework for OSH management
systems (OSH-MS) and its essential elements are illustrated in figure 1.
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ILO Guidelines
On
OSH-MS
National
Guidelines
On
OSH-MS
Tailored
Guidelines
On
OSH-MS
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1- POLICY
Include activities related to the development of the organizations
OSH policy statement and the structures and practices that insure
active and meaningful worker participation in OSH arrangement
2- ORGANIZING
Addresses the establishment of OSH responsibilities &
accountabilities structures, a training system, competency definitions,
documentation practices, and a communication system
3- PLANNING AND IMPLEMENTING
Addresses those activities associated with the fulfilment of the
principles expressed in the OSH policy statement. These activities
include the initial assessment of OSH arrangements that support the
actual system planning, development and implementation functions
Dr. Ghazi Faisal
Najmuldeen FKKSA
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Cont
4- EVALUATION
Addresses those functions associated with measuring the management systems
performance.
This involves the development of performance monitoring and measurement
protocols, investigation practices for accidents, auditing methods, and
management review arrangements.
5- ACTION FOR IMPROVEMENT
Addresses issues associated with preventive/corrective actions and continual
improvement.
With the information obtained from performance monitoring and measurement,
investigations, audits, and management review, appropriate preventive/corrective
and continual improvement actions can be taken.
The notion of continual improvement is a central distinction in the ILO-OSH
2001
Dr. Ghazi Faisal
Najmuldeen FKKSA
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THANK
YOU
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