INTRODUCTION TO

1
OSHA


LEGISLATION
& SYSTEM
 2
OSH LEGISLATIONS

Statutory Law

Common Law
 3
STATUTORY LAW

Comprises of Acts,
Regulations, Order, Formulated by the Non-compliance is a
Rule, Ordinance and Government crime
Enactment :

Prosecution by (for existing

Government Officer application
Punishment - fines and
(such as Deputy Public act,
imprisonment
Prosecutor in Criminal regulation and order
Court) only)
 4
COMMON LAW

Result of decision made by Judge and Allows the injured party to make a claim
Civil Court on the party that is responsible for the
injury

The application for trail is done by a If convicted – compensation in the form

Lawyer appointed by the injured party of money only
 5
LAW OF TORT

Tortisa Civil Wrong Doing such as:

 A person’s misdeeds that give the right to
the injured party to make a claim in Civil
Court
 Classification of Tort
»Nuisance

»Negligence

»Defamation

»Trespassing
 6
LAW OF TORT

Tort of Negligence

 –Offence on the duty of care not to cause damage or

injury to others
 7
DUTY OF CARE

 “The employer isstil liable for duty of care

even though he has competent
persons under his employment”

Wilsons and Clyde Coal C o

Versus English
 EMPLOYER LIABILITY IN THE 8

DUTY OF CARE

Injuryon:

 Each individual worker

 Other workers due to negligence of workers or agents

appointed to do the job. (Vicarious Liability)
 EMPLOYER LIABILITY IN THE 9

DUTY OF CARE

 “ The employer isnot responsible if the

worker acts on his own
accord such as horseplay while at work.”

Smith Versus Crossley Bros Ltd

Example: Two apprentices injecting compressed air to a

third party as a joke
 ELEMENTS THAT DETERMINE 10
NEGLIGENCE

There is the duty of care of There is a violation of that duty

one party onto another party

The violation of duty resulted The Burden of Proof is on the

 OCCUPATIONAL SAFETY AND 11
HEALTH 1994

Occupational Safety and Health Scope of legislation:

Act 1994 (OSHA 1994)
Protect safety and health of workers in all sectors of the economy
Provision on elements of Duty of Care
Philosophy of legislation through self- regulation
 12
OBJECTIVE OF THE ACT

To ensure the safety, health and welfare To protect others against risks to safety
of the people at work or health in connecting with the
activities of persons at work

To establish of the National Council for Other related matters

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be reproduced without written consent of NIOSH Malaysia.

OSH
 13
ENFORCEMENT

Department of Occupational Safety and Health

(DOSH)

Among the functions are:

Act as a secretariat for the
Enforcement of FMA 1967 Undertake OSH promotions Review of existing Provide consultation and National Council for
& OSHA 1994 activities legislations guidance Occupational Safety and
Health

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be reproduced without written consent of NIOSH Malaysia.
What is an OSH Management 14
System

 An OSH management system

 Components:
 Arrangements (policy, planning, implementation
and operation, checking, management review)
 Purpose:
 To ensure safety, health and welfare of workers
 To comply with regulation
 To manage and minimize OSH risk to
acceptable level
  A systemisuseful when there are:

Why Do
 Many activities have to be
managed together

You
 Complex information that are
changing have to be taken into
account at all times
Need a  Enables training needs to be
identified and the adequacy of
System subsequent training assessed
through measures of
competency

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be reproduced without written consent of NIOSH Malaysia. 15
 16
Why Do You Need a System

A system organises and simplifies

complexity

A system provides order, structure, and

focuses on the purpose and objective of
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be reproduced without written consent of NIOSH Malaysia.

activities
Typical OSH-MS 17

“Components”
1. Policy
2. Plan -  System planning, OSH objectives, development and
implementation
 Responsibility and accountability; Competence and
3. Do - training, Hazard control system

4. Check -Performance measurement;

Accident / incident investigation;
Auditing
5. Act - Preventive and corrective action,
Continual improvement
An OSH-MS System Model 18

18001:2007 are based on

the Quality Management
OSH-MS such as
System components of
MS1722:2011 & OHSAS
Plan, Do, Check and Act
(PDCA)

INPUTS
PLAN DO POLICY OBJECTIVES

VISION Identify Hazards Enforce Procedure

HAZARDS Supervise Safe & healthy
Make Arrangements Respond Emergency Workers
LEGISLATION Assign Responsibility
THIRD PARTY INPUTS Train Productivity
Arrange resources Communicate Organisation Image
ETC

CHECK
ACT
Monitor
Corrective Action Surveillance
Review Inspect
Improve Investigate
Audit
Record & Analyse
Existing OSH Management 19

System
 There are two occupational safety and health
management system standards:
 OHSAS 18001:2007 Occupational Health & Safety
Management System standard
 This standard was established in 1999
 Latest version 2007
 Widely used and certifiable
 MS1722:2011 management system standard
 This standard was published in 2003
 This is a guidance standard
 Latest version 2011
 20

MS1722:2011 Management System

M
o
d
e
l

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without written consent of NIOSH Malaysia.
 Continual 21

improvement

OH&S
Management policy
review

Checking and Planning

corrective action

Implementation and
operation

OHSAS 18001:2007 Occupational Health

& Safety Management System Model
 22
Policy

Promoting health and preventing Complying with OSH legal requirements

accidents, diseases and other and other requirements
work- related health effects

Recognizing OSH performance is an

integral part of business performance
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be reproduced without written consent of NIOSH Malaysia.
 23
Policy

Workers and their representatives are Ensuring that management and workers
consulted are competent and understand their
rights

Allocating the necessary resources Continual improvement

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 24
Initial Review

 Compare what you have with:

 Requirements of relevant
legislation dealing with OSH
management issues
 Best practice and
performance in your industry
sector and other appropriate
sections
 Efficiency and effectiveness
of existing resources devoted
to OSH management
 25
OSH Objectives

Based on the initial review and consistent with Communicate objectives to all relevant
the OSH policy set measurable and quantifiable functions and levels of the organization
objectives to implement the policy
 26
OSH Objectives

Based on the initial review and consistent with

the OSH policy set measurable and quantifiable
objectives to implement the policy

Communicate objectives to all relevant

functions and levels of the organization
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be reproduced without written consent of NIOSH Malaysia.
 Organising 27

• Responsibility and accountability for

OSH performance for managers &
supervisors

• Competence and training of

employees

• Management System documentation

should be established and maintained
 28
Organising

Procedures should be established and maintained for

communications externally, internally and how to
receive, document and respond comments from third
party

Participation and Consultation Cooperation on OSH

aspects between the employer, management and
workers
 29
Organizing

 Control of documents
procedure should be established
for standardization and safe use
of documents
 Operational control associated
with the identified hazards where
the implementation of controls is
necessary to manage the OSH risk
 Emergency preparedness and
response
to identified potential
emergency situation

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 30
Implementing

Ongoing hazards identification Preventive, protective measures

and assessment implemented in order of priority

Procedures must be relevant to

identified risk
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 Implementing 31

 Before any changes Assessrisk,take steps

and inform, train employees before
implementing
 Have an emergency preparedness
and response arrangements
 Procedures for purchasing and
contracting
Monitoring and Measurement 32

Performance Evaluation of
measurement compliance

Accident, disease and Control of record

incident investigation
 33
Action Elements

Preventive and Continual improvement

corrective action
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MS1722:2011 Standard 34
Requirements

The MS 1722:2011
standard contains
Policy Organizing
the following
components:

Action for
Planning and Improvement
Evaluation
Implementation Management
Review
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 35
Policy
 Management must have a
writtenOSH policy
 Management must commit
themselves to:

 Promoting health and

preventing accidents,
diseases and other work-
related health effects in the
workplace
 Complying with OSH legal
requirements and other
requirements

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reproduced without written consent of NIOSH Malaysia.
 36
Policy

Workers and their representatives are

consulted when making workplace rules
and regulations

Providing the necessary resources to

ensure that work and the workplace is
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safe
 37
Organizing

Management as a whole is
responsible for OSH

Ensuring that management and workers

are competent to carry out their tasks,
especially the hazardous ones
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 38
Organizing

Employees are informed of hazards they are

working in and procedures are established
to ensure their safety and health

Management must promote safety and

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be reproduced without written consent of NIOSH Malaysia. health
 39
Planning and
Implementation
 Hazards identification and assessment is
made the basis of OSH management
 Preventive, protective measures must be
implemented
 Have an emergency preparedness
and response arrangements
 Planning and 40
Implementation

be reproduced without written consent of NIOSH Malaysia.

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 There mustbe procedures for
purchasing and
contracting to ensure safety
and health requirements are
incorporated in purchased
materials and equipment
as well as in contracting
activities
 OSH management activities
must be planned and
performance targets set
 41
Evaluation

OSH management programmes must Investigate work-related injuries, ill

be monitored health, diseases and incidents, and
their impact of OSH performance
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be reproduced without written consent of NIOSH Malaysia.
 42
Evaluation

Carry out regular audits Management must review its activities to ensure OSH
risks in the workplace are ALARP, that the OSH
programme is efficient and that its OSH performance
targets are met and improved upon
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be reproduced without written consent of NIOSH Malaysia.