BBP 20202

OCCUPATIONAL SAFETY & HEALTH

CHAPTER 1
HEALTH, SAFETY & ENVIRONMENT
MANAGEMENT
By
Ts. MOHD FAIRUZ BIN MARIAN
Learning Objectives

At the end of the course, students will be able to:

1. Identify legal regulations of workplace safety and critically analyze past

attempts to regulate safety at work
2. Adopt legal regulation under OSH (Act 514) and FMA (Act 139) in
solving issue in case studies
3. Explain autonomy, expert judgment and responsibility as a practitioner
and learner in the field of workplace health and safety law
Course Contents

1. Introduction to Occupational Safety and Health

2. Occupational Safety and Health Act (OSHA) 1994
3. Factory and Machinery Act (FMA) 1967
4. Environment Quality Act (EQA 1974)
5. OSH Management System (ISO 45001:2018)
6. Health, Safety & Environment Culture
 1.1 Introduction to OSH

History of OSH Legislation & Regulations

History of OSH Legislation in Malaysia
Selangor Boiler Perak Boiler Pahang Boiler
Enactment Enactment Enactment
1892 1903 1908

Federal
N9 Boiler
Machinery Machinery
Enactment
Enactment Ordinance 1953
1908
1913

Factories and Occupational

Machinery Act Safety and
1967 Health Act 1994
History of the Development of OSHA in Malaysia
The Era of Boiler Safety - Before 1913

• Around 1900’s Perak state government elected a personnel

expertise in steam boiler and was given a license as boiler
surveyor.

The era of machinery safety- 1913 to 1962

• In 1913, all the steam boiler enactments was replaced with

“Machinery Enactment”.

• The inspector inspects the steam boiler and any other

machinery such as internal combustion engine, water turbine
and any other auxiliary installation involved.
History of the Development of OSHA in Malaysia
The era of industrial safety- 1953 to 1967

• All the machinery enactment used before 1953 was then

replaced with Ordinal 1953.

• The role of an inspector has expanded from only inspecting

the steam boiler to the safety of workers in factory that uses
machinery.

The era of industrial safety and health- 1970 to 1994

• Akta Kilang dan Jentera (Factories and Machinery Act) 1970

was approved by the parliaments.

• To solve all the shortcomings of the Machine Ordinal 1953, as

the workers in a workplace without machine previously are
now being protected under the new Acts.
History of the Development of OSHA in Malaysia

The era of occupational safety and health- 1994 onwards:

• Occupational Safety and Health Act (OSHA) was enacted in

1994.

• FMA 1967 emphasis on safety while OSHA 1994 emphasis on

addressing health hazards in the workplace.
OSH Legislation – Group into 7 Categories

General
Safety
Health

Radioactive
Noise radiation

7
Categories
of OSH Factory,
Legal Mill &
Electrical Other
Specific
Workplace

Chemical Fire Safety

Legal and Other Requirements

OSHA 1994 (ACT 514) FMA 1967 (ACT 139) EQA 1974 (ACT 127)

8 Regulations 15 Regulations 38 Regulations &

Orders
Legal and Other Requirements

1) Fire Service Act 1988 (Act 341)

2) Uniform Building By-Laws 1984
3) Petroleum Safety Measure Act 1984 (Act 302)
4) Atomic Energy Licensing Act 1984 (Act 304)
5) Lembaga Pembangunan Industri Pembinaan Malaysia
1994 (Act 520)
6) Employees’ Social Security Act 1969
7) Electricity Supply Act 1990 (Act 447)
8) Poisons Act 1952 (Act 366)
9) Food Act 1983 (Act 281)
10) Pesticides Act 1974 (Act 149)
11) Prevention and Control of Infectious Disease
Act 1988 (Act 342)
12) Merchant Shipping Ordinance 1952
13) Protected Area and Protected Places Act 1959
14) Road Transport Act 1967
1.2 Occupational Safety & Health
OSHA 1994 (Act 514)
Formation of OSHA 1994

Statutory Law
• Enacted by Parliament
Statutory
Law • Break the rule is illegal
• Punishment in term of detention
in prison and charge
OSHA Common Law
1994 • Result was based on lawyer and
Civil Courts
• Those that have any injury, can
Common
Law claimed to the responsible
persons
• Any compensation is in currency
Hierarchy of Acts, Regulations, Order, Industrial
Code of Practices, Guidelines

• Defines the scope and boundary and the

Acts basic provisions
• Gazetted by Parliament
• e.g. OSHA 1994, FMA 1967, EQA 1974,

• Detailed specifics requirements of the acts

Regulations
• Gazetted by the Minister

• Guideline in complying with the

Industrial Code of acts
Practices/Guidelines • May be written by industries’
associations & endorsed by DOSH
• Not the law of the country
Occupational Safety & Health Act (OSHA) 1994
ARRANGEMENT OF SECTIONS
❑ PART I - Preliminary
❑ PART II - Appointment of Officers
❑ PART III - National Council for Occupational Safety and Health
❑ PART IV - General Duties of Employers and Self-Employed Persons
❑ PART V - General Duties of Designers, Manufacturers and Suppliers
❑ PART VI - General Duties of Employees
❑ PART VII - Safety and Health Organization
❑ PART VIII - Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and
Occupational Diseases, and Inquiry
❑ PART IX - Prohibition Against Use of Plant or Substance
❑ PART X - Industry Codes of Practice
❑ PART XI - Enforcement and Investigation
❑ PART XII - Liability for Offences
❑ PART XIII - Appeals
❑ PART XIV - Regulations
❑ PART XV - Miscellaneous
OSHA 1994 Intention – Refer to Long Title

➢ An act to make further provision for securing that safety, health

and welfare of persons at work, for protecting others against risks
to safety and health in connection with the activities of person at
work, to establish the National Council for Occupational Safety
and Health, and for matters connected therewith.

➢ Refer also S4 –objects of the Act

➢ The aim is to promote safety and health awareness and establish

effective safety organization and performance through “self-
regulation” concept.
OSHA 1994 – Philosophy and Guiding Principles

❑ Spirit of OSHA 1994

▪ “Self-Regulation”

▪ Workers Cooperation & Consultation

▪ All economic activities except shipping and armed forces

❑ Guiding principles

▪ Responsibilities for OSH lies with those WHO CREATE THE RISK
(employer) and those WHO WORK WITH THE RISK (employee)

▪ Concept of what so far is REASONABLE/PRACTICABLE

S1 & S2: Application of the Act
S1 Persons at Work

In all economic activities as per first schedule including public services

and statutory authorities Except - on board ships or the armed forces

S2 Prevailing Laws

(1) OSHA in addition to, not in derogation of other law in respect of

OSH.
(2) In the event of conflict or inconsistency with other law, OSHA shall
prevail
The Industries Specified in 1st Schedule

❑ Manufacturing

❑ Mining and Quarrying

❑ Construction
❑ Agriculture, Forestry and Fishing

❑ Utilities: (a) Electricity (b) Gas (c) Water and (d) Sanitary Services

❑ Transport, Storage and Communication

❑ Wholesale and Retail Trades

❑ Hotels and Restaurants

❑ Finance, Insurance, Real Estate and Business Services

❑ Public Services and Statutory Authorities

S4 Objectives of OSHA 1994

To secure the safety and health of

persons at work

To protect persons at a place of work

other than employees

To promote an appropriate and

suitable environment for persons at
work

To promote use of industry codes of

practices
S8 – 14 National Council for OSH

• Membership-between 12 to 15 and tripartite plus others

• Power to do all things incidental to the objects of the act

• Conduct investigation into legislation, administration /

enforcement, fostering cooperation, special problems, use of
chemicals, statistics, health care, facilities, code of practices,
rehabilitation, etc.

• Chairman of committee of appeal

S15(1) General Duties of Employers &
Self - Employed Persons
“So far as practicable” the safety, health and welfare at work of all
employees

S3 – defines “so far as practicable” - must consider: -

➢ the severity of the hazards.

➢ the state of knowledge about the hazards.

➢ the availability and suitability of techniques.

➢ the cost of mitigating hazards.

S15(2) General Duties of Employers &
Self - Employed Persons in Particular.

“So far as is
Practicable” (a) Provide and maintain plant and system of work.

(b) Plan for the safe use, operation, handling, storage

and transportation of substances and plants.

(c) Provide information, instruction, training and supervision.

(d) Provide and maintain place of work and means of

access to and egress from any place of work.

(e) Provide and maintain a working environment that is

safe and without health risk and with adequate welfare
facilities.
“Safe System of Work”

• not defined under OSHA

❑ Defined by Lord Greene in Speed vs Thomas Swift & Co Ltd

as follows: -

‘It may be the physical layout of the job, the setting of the
stage, so to speak –the sequence in which the work is to
be carried out, the provision in proper cases of warnings
and notices, and the issue of special instructions’

❑ Whatever system of work is adopted, it must be the safe

one.
S15(2)(b) Make Arrangement for Safe Use,
Operation, Handling, Storage and
Transportation of Plant and Substances

Example of arrangement will include: -

▪ Appropriate protective clothing, proper equipment and tools,

etc. must be provided.
▪ The handling, excessive weight, contamination, dangerous
parts etc. all must be considered.
▪ Adequate storage facilities, e.g. proper racks, trained forklift
drivers.
▪ Safe transportation, e.g. loads properly tied down, with an even
distribution of weight, goods are properly packed.
S15(2)(c) Provide Information, Instruction,
Training and Supervision

➢ information about the hazards and the

precautions to be taken.

Cannot expect employees to request it.

➢ It must be accurate and meaningful.

S15(2)(d) Provide and Maintain Place of Work
and Means of Access to and Egress
from Any Place of Work

➢ Thus premises must be safe and maintained safe.

➢ Obstacles removed, dangerous wiring replaced, defective

floors and stairs repaired, roads, pavements, pathways, doors,

etc. must all be safe.

S15(2)(e) Provide and Maintain Working
Environment that is Safe and Without
Health Risks and with Adequate
Welfare Facilities

▪ Thus, need to consider proper systems of noise control,

eliminate noxious fumes and dust, lighting must not be

excessive or inadequate.

▪ Welfare arrangements and facilities must be adequate, e.g.

toilet, accommodation, washing facilities, first aid room, etc.

S16 Duty to Formulate Safety & Health Policy

• Safety and health policy –a statement of the employer’s

philosophy and commitment to safety

• A statement of the organization and arrangements for carrying

out that policy

• The arrangement for carrying out that policy

Also, refer Occupational Safety and Health (Employer’s Safety

and Health General Policy Statements) (Exception)
Regulations 1995
S17 General Duties of Employers to Persons
Other than Their Employees
(1) to conduct his undertaking in such a manner that he and other
persons, not being his employees, are not exposed to risks to their
safety and health.

(2) to provide to persons, not being his employees in the prescribed

circumstances and in the prescribed manner with the prescribed
information on such aspects of the way he conducts his
undertaking as might affect their safety and health.
S18 General Duties of an Occupier of a Place
of Work to Persons Other Than his Employees
S18(1)
➢ Apply to non-domestic premises that is available to persons, as a
place of work or where they may use a plant or substance
provided there for their use.

➢ Occupier of that non-domestic premises responsible to take

such measures as are practicable to ensure safety & without
risks to health on the following items: -
▪ the premises
▪ means of access to and egress therefrom
▪ plant or substance in the premises

S18(2)
➢ A person covered under a contract for the maintenance & repair
a place of work including means of access to/egress from and
the use of plant or substance to be deemed to have control of
matters to which his obligation extends
S20 General Duties Designers, Manufactures
and Suppliers (Plant and Substance)

So far as is practicable:

❑ To ensure plants/substance is designed and constructed to be

safe and without risk to health when properly used

❑ Arrange or carrying out of testing and examination

❑ Adequate information

❑ For designers and manufactures: arrange for research to

eliminate or minimize hazards

❑ Safe erection and installation

S24 General Duties of Employees
1. Reasonable
care for safety
and health of
himself and
others

2. Cooperate
3. Wear and
with employer
use PPE
and others

4. Comply with
instruction in
OSH
Example of Fatal Accident

Construction Site, 2017

Example of Fatal Accident

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S25 – 27 Interfere, Charge and Discriminate

➢ Not to interfere or misuse with anything provided for the

interest of safety and health

➢ employer not to levy charge on employees

➢ employer/trade union not to discriminate (dismiss, injure or

alter position)
S28 Medical Surveillance

▪ cases or illness occurred due to the nature of the work process or

other conditions of work

▪ by reason of change in any process or in the substances used in

any process may be risk of injury to the health of persons
employed

▪ person below the age of 16 years is or are about to be employed

in work may cause risk of injury to their health

▪ there may be risk of injury to the health of persons employed in

any of the occupants specified in the 3rd Schedule, or material
brought to the industries, or from any change in the conditions in
industries
S29 Safety and Health Officer (SHO)

❑ Section 29(1) shall apply to class/description of industries as the

Minister may prescribe by order.

❑ Section 29(2) Occupier shall only employ a competent safety &

health officer.

❑ Section 29(3) Safety and health officer shall be employ

EXCLUSIVELY for the purpose of:

➢ ensuring OSHA compliance & regulations thereunder; and

➢ the promotion of safe conduct of work.
S30 Safety and Health Committee (SHC)

➢ Section 30 (1) Employer to establish safety committee (SHC) if

40 or more employees employed or if directed by DG.

➢ Section 30 (2) Further details on SHC as prescribe by SHC

Regulations

➢ Section 30(3) Employer to consult SHC for effective

communication in promoting and developing measures to
ensure safety & health at the workplace and the
effectiveness of the measures.
S31 Function of SHC

Section 31 specifies 3 main functions as follows: -

(a) to review measures taken

(b) investigate any relevant matter

(c) to resolve any matter raised. If cannot be resolved, SHC should

request DG DOSH to inspect for this purpose.

(d) further functions as prescribed by SHC Regulations

S32-34 Notification of Accident, Dangerous
Occurrence, Occupational Poisoning
and Occupational Diseases

❑ Section 32(1) Employer to report to DOSH

❑ Section 32(2) Registered Medical Practitioner to report to DOSH

❑ Section 33 DG can direct inquiry into nature & cause

❑ Section 34 Power of OSH officer at inquiry

S35, 36 Prohibition the Use of Plant or Substance

➢ Section 35 - The Director General has the power to prohibit.

This is subject to consultation with any Government
department or other body prior to prohibit.

➢ Section 36 - Can appeal to the Council within 30 days.

Decision of the appeal committee is final (Section 65).
S37 Approval of Industry Code of Practice

❖ Must be approved by the Minister

❖ Can be revised

❖ May consist of any code, standard, rule, specification or

provision on OSH

❖ Can be used in proceeding (Section 38)

S39 – 50 Enforcement and Investigation
❑ S39 Power to enter, inspect, examine, investigate, take
samples etc.
❑ S40 Entry with search warrant & power of seizure
❑ S41 Entry without search warrant & power of seizure
❑ S42 Power of forceful entry & service on occupier of signed
copy of list of things seized.
❑ S44 Power of investigation
❑ S45 Power to examine witnesses
❑ S46 Employer to assist officer
❑ S47 Offences in relation to inspection
❑ S48 Improvement & prohibition notices
❑ S49 Aggrieved person may appeal
S39(1) Enforcement of OSHA

▪ Power to enter, inspect, examine, seize etc.

▪ At any reasonable time

▪ Produce certificate of authorization

▪ Enter residential place, with consent from the owner

S39(2) Exercise of Power

➢ Examine and investigate any plant, article etc.

➢ Direct place of work be left undisturbed for the purpose of
examination
➢ Take measurements/photographs/recordings….
➢ Take samples of any article/substance/atmosphere…
➢ Require any person at workplace which disease has occurred to
be medically examined.
➢ Officer may dismantle but not damage or destroy them
➢ Take possession and detain a plant/substance for examination, to
avoid tempering or for evidence in proceeding
➢ May bring police if apprehends any serious obstruction
S40 – 41 Power to Enter Premises

❑ Magistrate to issue search warrant. If suspect that the workplace

is used to commit an offence… may enter at any reasonable
time day or night…search, seize or seal.

❑ Enter without search warrant if believe that by reason of delay in

obtaining search warrant…things etc. are likely to be removed
or destroyed…day only.

❑ It shall be an offence to break, tamper…. without lawful authority

S42 Forceful Entry

▪ If it is necessary -
▪ Break open any door…
▪ Forcibly enter the place.
▪ Remove by force any obstruction to entry, search, seizure and
removal…
▪ Detain persons found in the place until the place has been
searched.
▪ The officer shall prepare a list of the things seized and deliver the
copy of the list signed by him
▪ The officer shall notify the employer & the safety committee of the
entry
▪ The officer shall give the employer & the safety committee
information of his observation
S43 Where an Officer Takes Sample.

➢ Samples must be divided into as many parts, mark and seal and
fasten up…

➢ One part of the sample must be given to the employer or safety

committee

➢ Retain one part for future reference

➢ Submit another part to an analyst for analysis

S44 Power to Investigation

▪ The officer shall have the power to investigate…..

▪ The officer may exercise the power like police

investigation except the power to arrest without warrant

▪ Upon completion of investigation, the officer shall give all

information to OIC of a police station

▪ The police officer may by warrant arrest any person….

S45 Power to Examine Witnesses

➢ An officer may examine orally any person who knows the fact…..
➢ The person shall legally bound to answer…
➢ That person may refuse to answer if no certificate of authorization
➢ is produced…
➢ Or if the answer to the question would tend to expose him to a
criminal charge…
➢ The officer shall inform the person of the above rights.
➢ A person making the statement shall be legally bound to state
➢ the truth
➢ A statement by the person shall be reduced into writing, signed
after it had been read to him in the same language
➢ Opportunity to make correction must be given
➢ May use interpreter
S46 Employer, etc., to Assist Officer

▪ The owner or occupier of, or employer at, any place of work

and the agent or employee of the owner, occupier or

employer shall provide such assistance as the officer may

require for any entry, inspection, examination or inquiry or for

the exercise of his powers

S47 Offences in Relation to Inspection

➢ A person who refuses access, obstructs, fail to produce

documents, conceals locations, prevents or attempts, hinders
or opposes the officer in the exercise of his powers….

“Shall be guilty of an offence and shall, on conviction, be

liable to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding one year or to
both”
S48(1) Improvement Notice

➢ Shall be served if the place of work, plant, substance or process is

likely to cause bodily injury or serious risk to health or damage to
property

➢ Responsible person shall be required to take measures to

remove the dangers or rectify defects within stipulated period

➢ Effected area or process of work should not be operated even

after the expiry period of notice until the hazards are removed,
or defects rectified.
S48(2) Prohibition Notice

➢ Only apply when there is immediate danger to life/property

➢ No time frame for the removal of immediate danger

➢ The affected area or process of work should not be operated

until such time it satisfies the officer.
S49 Failure to Comply

 A person must comply with the notice notwithstanding he

made an appeal

 A person who without reasonable excuse fails to comply

the notice…to be liable to a fine <RM50,000 or

imprisonment <5 years or both

 Further fine of RM500 each day during which the

offence continues
S50 Appeal

▪ Appeal to the DG within 30 days from the date of the notice

▪ Then if still not satisfied, appeal to a committee appointed by

Minister

▪ If notice is issued by the DG, appeal to a committee

appointed by a Minister
S51 & 55 Liability for Offences

▪ General penalty is maximum rm10,000 or one year jail or

both; For continuing offense is maximum rm1,000 a day.

▪ Defense in proceedings: -

a) must has no knowledge of the offense

b) must not consent

c) has exercise due diligence

S52 Offences by Body Corporate

▪ Body corporate together with its director, manager, secretary or

other officers may be charged jointly.

▪ Such director, manager, secretary or officers shall be deemed to

be guilty of the offence

▪ A body corporate is liable to a fine only

S53 Offences by Trade Union

▪ Trade union together with its officers or employees may be

charged guilty jointly or severally

▪ Such officers or employees shall be deemed to be guilty of

the offence

▪ A trade union is liable to a fine only

S54 Offences Committed by Agent

➢ If a person engaged an agent and the agent fails to comply

with any sections of the Act or Regulations, then the person

shall be liable to the same penalty

S55 Defense

▪ It shall be a defense against a person ….

▪ That the offence was committed without his consent. and he

has exercised due diligence to prevent the commission of

the offence…
S57 Aiding and Abetting

▪ Aid and abet means to assist or to encourage. An accused who

aids and abets must be shown to have been in some way linked

in purpose with the person committing the principal offence, and

the accused’s words or conduct must encourage or render more

likely the commission of the crime by the principal.

S58 Safeguard Against Further Liability

▪ OSHA imposes personal liability. Civil action cannot be taken

by any party if there is any contravention of any provision in
respect of the responsibilities of employers, occupiers,
manufacturers, designers, suppliers, employees and trade
unions.

▪ This section does not confer a right of action and nor does it
confer a defense to an action in any civil proceedings.
S60 Onus of Proof What is Practicable

▪ It shall be the accusation to prove that it was not practicable

to do more than was in fact done to satisfy the duty or
requirement.

▪ Or that there was no better practicable means than it was in

fact used to satisfy the duty or requirement

▪ This is different with evidence law where the burden of proof lies
on the prosecutor.
S63 & 64 Appeal Committee & Their Powers

▪ An appeal committee may after hearing an appeal, confirm,

revoke or vary an order made by the DG or an improvement or

a prohibition notice issued by DG

▪ The decision of the committee shall be final and conclusive and

shall not be questioned in any court.

Penalties

Failure to comply with the notice

• Max RM 50000 or 5-years jail or both
Failure in general duties of employers & failure to prepare
safety policy
• Max RM 50000 or 2-years jail or both

Failure in general duties of manufacturers, designers.

• Max RM 20000 or 2-years jail or both

Failure not to interfere with or misuse things provided

• Max RM 20000 or 2-years jail or both

Disclosure of business secret

• Max RM 20000 or 2-years jail or both
Penalties

Discrimination against employee by employer or union

• Max RM 10000 + damages or reinstatement order or both

Medical surveillance regulations

• Max RM 5000 or 6-months jail or both

Failure to employ safety and health officer

• Max RM 5000 or 6-months jail or both

Failure to establish safety and health committee

• Max RM 5000 or 6-months jail or both

Failure in general duties of employees

• Max RM1000 or 3-months jail or both
Regulations Under OSHA 1994

▪ OSH (Employers Safety and Health General Policy Statements) (Exception)

Regulations 1995
▪ OSH (Control of Industrial Major Accident Hazards) Regulations 1996
▪ OSH (Safety and Health Committee) Regulations 1996
▪ OSH (Safety and Health Officer) Regulations 1997
▪ OSH (Safety and Health Officer) Order 1997
▪ OSH (Prohibition of Use of Substance) Order 1999
▪ OSH (Use and Standards of Exposure of Chemicals Hazardous to Health)
Regulations 2000
▪ OSH (Notification of Accident, Dangerous Occurrence, Occupational
Poisoning and Occupational Disease) Regulations 2004
▪ OSH (Classification, Labelling and Safety Data Sheet of Hazardous
Chemicals) Regulations 2013
▪ OSH (Noise Exposure) Regulations 2019
1.3. Factory and Machinery
Act (FMA) 1967
Arrangement of Sections

FMA 1967 is divided into 6 parts

❑ Part 1: Preliminary

❑ Part 2: Safety, Health & Welfare

❑ Part 3: Persons in Charge and Certificates of Competency

❑ Part 4: Notification of Accident, Dangerous Occurrence and

Dangerous Diseases

❑ Part 5: Notice of Occupation of Factory, Registration and Use of

Machinery

❑ Part 6: General
See the Different?
Part FMA 1967 OSHA 1994
1 Preliminary Preliminary
2 Safety, Health & Welfare Officer appointment
3 P-I-C & COC NCOSH
4 Notification of Accident etc. Duty of Employer etc.
5 Registration Factory & Machinery Duty of Designers, etc.
6 General Duty of Employee
7 S&H Organization
8 Notification of Accident etc.
9 Prohibition of Plant etc.
10 ICOP
11 Enforcement & Investigation
12 Liability for Offences
13 Appeals
14 Regulations
15 Miscellaneous
Factory & Machinery Act 1967

▪ Gazette in 1967, first revised in 1988 & latest amendment in 2006

▪ Objectives in the long title:

“An Act to provide for the control of factories with

respect to matters relating to the safety, health &
welfare of persons therein, the registration and
inspection of machinery and for matters connected
therewith.”

The Minister may by order suspend the operation of the whole

or any of the provision of the Act…
Part 1 Preliminary

1) Short title

2) Interpretation of “factory” & other interpretation of terms

commonly used in FMA 1967

3) Appointment & supervision of officers

4) Powers of an Inspector, entry into premises & seizure procedures

5) Appointment & duties of a licensed person

6) Revocation of license & granting of new license

7) Obstruction an offence
Application

▪ Apply to “factories” as interpreted under Section 2(1) FMA 1967

and “machinery requiring certificate of fitness (CF) for operation”

▪ The OSHA 1994 supersedes the FMA 1967 in the event of any
inconsistency between the two laws.
Factory& Machinery 1 Act (Amendment) 2006

No SECTION SHORT TITLE

1 S1 Short title and commencement
2 S2 Interpretation of “factory”
3 S3 Interpretation - general
4 S5 Supervision of officers
5 S6 Officers are public servants
6 S7 Power of inspector
7 S8 Obstruction an offence
8 S9 Persons not to reveal secrets
9 S19 Certificate of fitness (CF)
10 S22 Provisions relating to health

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Factory& Machinery 1 Act (Amendment) 2006

No Section SHORT TITLE

11 S29 Certain machinery not to be operated without certificated staff
(manufacturing, fabrication, installation, reproduction)

12 S31 Accidents and dangerous occurrence to be reported

13 S32 Notification of industrial diseases

14 S33 Investigation and enquiries
15 S36 Installation of machinery, etc.
16 S37 Application for registration
17 S38 Register
18 S40 Periodical inspections
19 S41 Questions for decision by an inspector and appeals from such decision
20 S44 Notice of sale, hire or transfer

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Factory& Machinery 1 Act (Amendment) 2006

No SEC SHORT TITLE

T
21 S47A Protection against personal liability
22 S48 Fees (time frame)
23 S51 Penalties
24 S51A Jurisdiction to try offences
25 S52 Institution of prosecution
26 S52A Power to compound offences
27 S55 Exemptions
28 S56 Regulations
29 Sch3 Title: Notifiable (Reported) Industrial Diseases to Notifiable
Occupational Diseases.

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S2 Interpretation of “Factory”

1. Very exhaustive interpretation as per Section 2(1): -

▪ By “definition” - premises with a defined boundary + manual

labor connected with a specified process involved
preparation of an article and the process carried on for trade
or gain

▪ By “description” to include eleven (11) types of premises.

2. Any line or siding in connection with or for the purposes of a

factory as per Section 2(2).

3. Any pipeline used for transportation of dangerous substances

which may cause fire, explosion, or adverse health effects to any
person as per Section 2(3)
Definition of “Machinery”

▪ Includes steam boiler, unfired pressure vessels, fired pressure

vessels, pipelines, prime movers, gas cylinders, gas holders, hoisting
machines and tackle, transmission machinery, driven machinery,
materials handlings equipment, amusement device or any other
similar machinery and any equipment for the casting, cutting,
welding or electro-deposition of materials and for the spraying by
means of compressed gas or air of materials of materials or other
materials, but does not include;

a) any machinery used for the propulsion of vehicles other than steam
boilers or steam engines
b) Any machinery driven by manual power other than hoisting machine
c) Any machinery used solely for private and domestic purposes; or
d) Office machines
S3 Interpretation – (General)

❑ Amusement devise, amusement park, fair, fume

❑ Fired pressure vessel; (e.g. thermal oil heater)

❑ Definition for hoisting machine.

❑ Licensed person.

❑ Definition of machinery, e.g. steam boilers, UPV, FPV, pipelines, etc.

❑ Material handling equipment.

❑ Petroleum, petroleum products.

❑ Special scheme inspection.

❑ Definition of works of engineering construction

S6 Officers are Public Servants

“A licensed person, all his servants and agents and other persons

employed by him shall, while discharging their duties as a

licensed person and such servants, agents, and employees, be

deemed to be public servants within the meaning of Penal

Code.”
S7D Appointment, Power and Duties of a
Licensed Person

Section 7D (1)

“Notwithstanding any other provisions of this Act, the Minister shall

have the power to grant a license on such conditions as he may

think fit to any person to perform any of the functions specified in

this Act as the functions of a licensed person as it appears to him

to be necessary.”
FMA 1967: The Approach

Machinery

People Environment

Statutory Inspection by DOSH/Licensed Person

FMA 1967: The Approach (continue)

1. Control of Manufacture of boilers & unfired pressure vessels

Machinery

Permission to install machinery

Certificated machinery

Guarding of machinery

Construction of machinery
FMA 1967: The Approach (continue)

2. Control of Provision of safe plant

In-Door
Environment Provision of safe means of access

Provision of safe storage of materials

Provision of housekeeping

Provision of sufficient of working space

Provision of suitable temperature & lighting

Control of noise pollution

Control of gases, dusts, fumes & other impurities

FMA 1967: The Approach (continue)

3. Control of Provision of adequate training of workers

People

Registration of manufacturers, contractors, welders

etc.

Registration of competent persons

Prohibition of employment of ‘Young Person’

Part 2: Safety, Health and Welfare

❑ Safe premises including safe storage or stacking as per Sec. 10

with precautions against fire as per Sec. 13.
❑ Safe machinery as per Sec. 14 and dangerous parts and
projecting material to be properly protected as per Sec. 15 & 16
respectively.
❑ Persons not to be exposed to explosive, inflammable, poisonous
or corrosive substance or ionizing radiation as per Sec. 11 and
excessive lifting of weights to be avoided as per Sec. 12. Suitable
personal protective equipment & appliances to be provided as
per Sec. 24.
❑ Employees must not misuse safety and health equipment as per
Sec. 20.
❑ Provisions relating to health (cleanliness, work space, ventilation,
lighting, temperature) as per Sec. 22. and provisions against rain
and wind as per Sec. 23.
❑ Welfare facilities –clothing storage, drinking water, first aid and
washing facilities as per Sec. 25.
S19 Certificate of Fitness (CF)

• Section 19A – Power to revoke CF obtained by way of fraud or

misrepresentation

(1) Chief Inspector revokes or terminates CF.

(2) the aggrieved person may, within 14 days of the

notice, appeal to the Minister by way of writing.

(3) the decision of the Minister shall be final.

Part 3: Person In Charge and Certificates of
Competency

❑ Training & supervision of inexperienced workers on hazards &

precautions and received sufficient instruction in work and
under adequate supervision as per Sec. 26.

❑ Certain machinery not to be operated without certificated staff

as per Sec. 29.

❑ Young persons (Less than 16 years old) not allowed to operate

machinery as per Sec. 28
S29A Machinery Not to be Manufactured, etc.,
Without Written Authority

“No person shall manufacture, fabricate, test, install, maintain,

dismantle or repair any machinery which is prescribed unless he has

written authority issued by the Chief Inspector.”

Part 4: Notification of Accident, Dangerous
Occurrences

Notification of accident and dangerous occurrences

Inspectors may investigate and hold enquiries

S31 Accident and Dangerous Occurrence to
be Reported

Section 31 – “Whenever any accident which

(a) causes loss of life to any person.

(b) causes serious bodily injury to any person.

(c) causes bodily injury to any person so that the person is

prevented from following the normal occupation for more than
three clear days excluding the day of the accident.

to the nearest inspector having jurisdiction for the area in which the
accident or dangerous occurrence has taken place….
Example of Dangerous Occurrence Reported

Boiler Explosion at Palm Oil Mill

Part 5: Notice of Occupational of Factory, and
Registration and Use of Machinery

➢ Sec 34 – Operation of Factory

▪ Sec 34(2)(a) no person shall except with the written permission

of the Inspector begin to use any premises as a factory until
one month after he has served on the Inspector a written
notice in the prescribed form (JKJ 101)

➢ Sec 35 – Building Operations of Works of Engineering Construction

▪ every person who undertakes any building operations or

works of engineering construction shall notify DOSH not
later than seven days from the commencement of
construction activities.

▪ The notification is exempted to the construction activities

that can be completed in a period less than six (6) weeks
and does not involve the use of machinery.
S36 Installation of Machinery etc.

• Section 36(1) – permission to install machine (Form JKJ 105)

• Section 36(3) – “When any machinery in respect of which

a CF is prescribed has been installed, a written
notice shall be served by the occupier or owner of
the factory on-

(a) Inspector as soon as conveniently inspect the machinery; or

(b) Licensed person who shall within one month from date of
receipt of written notice inspect the machinery.”
S38 Register

❑ Section 38(2) – “The occupier of every factory shall send to an

Inspector or licensed person such extracts from the general
register as the Inspector or licensed person may from time to
time require for the purpose of the execution of his duties”

❑ Section 38(4) * - “The licensed person shall only have

access to information in the general register and
any other register or records or certificate kept
in pursuance of this Act pertaining to machinery
in respect of which a CF is prescribed.”
S40 Periodical Inspections

• Section 40(1) – “All factories and machinery in respect of

which a CF is not prescribed shall be inspected by an
Inspector at such periods and in a manner as may be
prescribed.”.

• Section 40(1A) – “All machinery in respect of which a CF is

prescribed shall be inspected by an Inspector or a licensed
person at such periods and in such manner as may be
prescribed.”.

• Section 40(2) – to substitute for the words “Every occupier of a

factory” the words “The occupier of every factory and the
owner or person having possession of any machinery.”
S40 Periodical Inspections

• Section 40(2A) – “For the purpose of subsection (1A), the

occupier of every factory and the owner or person having
possession of any machinery in respect of which a CF is
prescribed shall afford to an Inspector or a licensed person
all reasonable facilities for inspection and testing and all
information as may reasonably be required in connection
with the inspection.”
S40 Periodical Inspections

▪ Section 40(5) * - “Any factory owner or occupier may apply

to the Chief Inspector for approval for a special scheme of
inspection.”

▪ Section 40(6) * - “The Chief Inspector may approve the

application under subsection (5) if he satisfied that the
prescribed requirements in respect of the machinery in
question in relation to the special scheme of inspection have
been fulfilled.”
Part 6: General

▪ Section 52A (2) – Compound

o Compound not exceeding 50% of the amount of the

maximum fine (including the daily fine, if any, in the case of
continuing offence)
Penalty

Section Short Title Penalty

S7D Appointment, Power and Duties of RM 100,000 or 2 yrs

Licensed Person
S8 Obstruction of Offence RM 200,000 or 5 yrs

S9 • Person not to reveal secrets; RM 100,000 or 2 yrs

• Confidentially of information
S19(6) Certificate of Fitness RM 150,000 or 3 yrs

S37(2) Application for Registration RM 50,000 or 1 yr

S40(8) Periodical Inspections RM 250,000 or 2 yrs

S51(1) S19(1), S31, S34(1), S36(1), S37, RM 100,000 or 2 yrs

S38(1), S39(1) & S40(3)
S51(2) *Contravenes other provisions RM 50,000 or 1 yr

S51(4) Fails to comply with ant written order or RM 250,000 or 5 yrs

notice issued under S39(3) & 40(4)
S52A (2) Compound 50% of max. fine (including
daily fine & continuing offence)
Schedules

Schedule 1 Dangerous Occurrences That Must be

Notified
Schedule 2 Serious Bodily Injury That Must be Notified

Schedule 2 Notifiable Industrial Diseases

Regulations Under the FMA 1967
No Title of The Regulations
1 Steam Boilers and UPV Reg. 1970
2 Electric Passenger and Good Lift Reg. 1970
3 Fencing of Machinery and Safety Reg. 1970
4 Person In-Charge Reg. 1070
5 Safety, Health and Welfare Reg. 1970
6 Administration Reg. 1970
7 Certificate of Competency – Examinations Reg. 1970
8 Notification, COF and Inspection Reg. 1970
9 Compoundable Offences Reg. 1978 and Rules 1980
10 Lead Reg. 1984
11 Asbestos Process Reg. 1986
12 Building Operations 7 Work Engineering Construction Reg. 1986
13 Mineral Dust Reg. 1989
14 Special Scheme Inspection – Risk Based Inspection Reg. 2014
15 Exemption of Certificate of Fitness for Hoisting Machine Order 2015
1.4. Environment Quality
Act (EQA) 1974
Environmental Quality Act 1974

▪ The legislation that is related to the prevention, abatement, control of

pollution and enhancement of the environment in Malaysia.

▪ The EQA 1974 restricts the discharge of waste into the environment in
contravention of the acceptable conditions. To date 35 sets of Regulations
and Orders have been introduced and enforced.

▪ The Director General of Environmental Quality has been appointed by the

Minister to administer the EQA 1974 & its subsidiary legislations.

▪ The provision of EQA 1974 is applicable to the whole of Malaysia up-to 12

nm offshore (Malaysia Territorial Waters)

October 10, 2023 106

Environmental Quality Act 1974
Subsidiary Legislations
1. EQ (Licensing) Regulations 1977
2. EQ (Prescribed Premises) (Crude Palm-Oil) Order 1977
3. EQ (Prescribed Premises) (Raw Natural Rubber) Regulations 1978
4. EQ (Prescribed Premises) (Crude Palm-Oil) Regulations 1978
5. EQ (Clean Air) Regulations 1978
6. EQ (Compounding of Offences) Rules 1978
7. EQ (Control of Lead Concentration in Motor Gasoline) Regulations 1985
8. EQ (Motor Vehicle Noise) Regulations 1987
9. EQ (Prescribed Activities) (Environmental Impact Assessment) Order 1987
10. EQ (Prescribed Premises) (Scheduled Wastes Treatment & Disposal)
Order 1989
11. EQ (Prescribed Premises) (Scheduled Wastes Treatment & Disposal)
Regulations1989
12. EQ (Delegation of Power on Marine Pollution Control) Order 1993

October 10, 2023 107

Environmental Quality Act 1974
Subsidiary Legislations
13. EQ (Prohibition on the Use of Chlorofluorocarbons & other Gases As
Propellants & Blowing Agents) Order 1993
14. EQ (Delegation of Power on Marine Pollution Control) Order 1994
15. EQ (Prohibition on The Use of Controlled Substance in Soap, Synthetic
Detergent and other Cleaning Agents) Order 1995
16. EQ (Control of Emission from Diesel Engines) Regulations 1996
17. EQ (Control of Emission from Petrol Engines) Regulations 1996
18. EQ (Refrigerant Management) Regulations 1999
19. EQ (Halon Management) Regulations 1999
20. EQ (Delegation of Powers) Order 2005
21. EQ (Declared Activities) (Open Burning) Order 2003
22. EQ (Compounding of Offences) (Open Burning) Rules 2000
23. EQ (Delegation of Powers) (Investigation of Open Burning) Order 2000

October 10, 2023 108

Environmental Quality Act 1974
Subsidiary Legislations
24. EQ (Delegation of Powers) (Halon Management) Order 2000
25. EQ (Delegation of Powers) (Perbadanan Putrajaya) Order 2002
26. EQ (Appeal Board) Regulations 2003
27. EQ (Control of Emission from Motorcycles) Regulations 2003
28. EQ (Dioxin and Furan) Regulations 2004
29. EQ (Scheduled Wastes) Regulations 2005
30. EQ (Prescribed Conveyance) (Scheduled Wastes) Order 2005
31. EQ (Scheduled Wastes) (Amendment) Regulations 2007
32. Environmental Quality (Control of Petrol and Diesel Properties)
Regulations 2007
33. EQ (Sewage) Regulations 2009
34. EQ (Industrial Effluents) Regulations 2009
35. EQ (Control of Pollution from Solid Waste Transfer Station & Landfill)
Regulation 2009

October 10, 2023 109

Environmental Quality Act 1974
➢ Under Environmental Quality Act,1974 and subsidiary legislations, industrial
activities are required to obtain the following approvals from Director
General of Environmental Quality prior to project implementation: -

▪ Environmental Impact Assessment (EIA) reports (for prescribed activities).

▪ Site suitability evaluation (for non-prescribed activities).
▪ Written permission to construct.
▪ Written approval for installation of incinerator, fuel burning equipment
and chimney; and
▪ License to use and occupy prescribed premises and prescribed conveyances.

October 10, 2023 110

Environmental Quality Act 1974
➢ Environmental Impact Assessment (EIA) reports (for prescribed activities);

▪ Every industrial proposal/Project should be examined to see whether an

environmental impact assessment (EIA) needs to be conducted. Industry
should therefore first determine whether or not a proposed Project is
categorized as ‘prescribed activity’ as stipulated in the Environmental
Quality (Prescribed Activities) (EIA) Order 1989.

▪ If the proposed Project is categorized as a ‘prescribed activity’ an EIA

study needs to be conducted and EIA report shall be submitted to the
Director General of Environmental Quality for approval. The project is
not allowed to proceed unless approval of the EIA report has been
granted. Due to the sensitivity of certain projects and polluting potential
from the construction and/or operations, some of the prescribed activities
have been required to go through the detailed EIA Procedures which
involves public participation.

October 10, 2023 111

 Environmental Quality Act 1974
Scheduled Waste Management
➢ Malaysia has developed a comprehensive set of legal provisions related to the
management of toxic and hazardous wastes. The regulation was based on the
cradle to grave principle.
➢ A facility which generates, stores, transports, treats or disposes SW is subject
to the following regulations:

• EQ (Scheduled Wastes) Regulations 2005 (Amendment) 2007

• EQ (Prescribed Conveyance) (Scheduled Wastes) Order 2005.
• EQ (Prescribed Premises) (Scheduled Wastes Treatment and Disposal
Facilities) (Amendment) Order 2006.
• EQ (Prescribed Premises) (Scheduled Waste Treatment and Disposal
Facilities) (Amendment) Regulations 2006.
• Customs (Prohibition of Export) Order (Amendment) (No. 2) 1993,&
• Customs (Prohibition of Import) Order (Amendment) (No. 2) 1993.

October 10, 2023 112

Environmental Quality Act 1974
➢ EQ (Schedules Wastes) Regulations 2005 (Amendment) 2007

1. EQ (Scheduled Wastes) Regulations 2005 came into force on 15

August 2005 and is replacing EQ (Scheduled Wastes) Regulations
1989. In March 2007, EQ (Scheduled Wastes) Regulations 2005 are
then amended in the First Schedule, in relation to the appearing
against code SW 104, by inserting after the word “containing” the
words “aluminums”

2. Under these new regulations, SW listed in First Schedule are divided

into 5 categories. Waste generators should determine whether their
waste is classified under scheduled wastes. New generators of SW are
required to notify the Department of Environment (DoE) within
one month from the date of generation of waste.

October 10, 2023 113

Environmental Quality Act 1974
(continue)
3. SW can be stored, recovered and treated within the premises of the WG.
Such activities do not require licensing by the DoE. A WG may store SW
generated by him for 180 days or less after its generation provided that
quantity of SW accumulated on site shall not exceed 20 metric tons.
However, WG may apply to the Director General in writing to store more
than 20 metric tons of SW. The containers that are used to store SW
shall be clearly labeled with the date when the SW are first generated,
name, address and telephone number of the WG.

4. Land farming, incineration, disposal and off-site facilities for recovery,

storage and treatment can only be carried out at prescribed premises
licensed by the Department of Environment (DoE).

5. WG shall also keep an up-to-date inventory of SW generated, treated and

disposed of. Proper labelling, containers and storage areas as well as
prohibition of storage of incompatible waste are also required by law.

October 10, 2023 114

Environmental Quality Act 1974
(continue)
6. In the case of transporting the SW from the WG to the treatment and
disposal facilities, the transporting of SW shall conform to the
consignment note system whereby the movement of SW is monitored
until it reaches the approved destination. It is the responsibility of a WG
to monitor and ensure that the waste transported from his factory
reaches the approved destination. The WG is responsible for informing
the transport contractor regarding the nature of the SW and what
actions to be taken during accidents to minimize damage to human life
and the environment. SW transporters should also be licensed by the
DOE.

7. Every WG shall ensure that all his employees involved in the

identification, handling, labeling, transportation, storage and spill
response of scheduled wastes attend the training program.

October 10, 2023 115

 Environmental Quality Act 1974
➢ EQ (Prescribed Premises) (Schedules Wastes Treatment & Disposal
Facilities) Order 1989 (Amendment) 2006
▪ There are six types of premises prescribed under the Order that require
written permission and a license from the DOE. The premises include:
1) Land treatment facilities such as sludge farming of oily wastes or
sludges.
2) Off-site recovery facilities such as solvent recycling plant.
3) Off-site treatment facilities such as centralized physical/chemical
wastewater treatment plant.
4) Scheduled wastes incinerators.
5) Off-site storage facilities including premises of waste transport
contractors.
6) Secure landfills designated for the disposal of scheduled wastes

October 10, 2023 116

 Environmental Quality Act 1974
(continue)
• EQ (Prescribed Premises) (Schedules Wastes Treatment & Disposal
Facilities) Regulations 1989 (Amendment) 2006

1. These regulations list the procedures for license application, renewal

and ownership transfer as well as requirements for record keeping and
submission to the DOE. Every owner or occupier of prescribed
premises is responsible to keep accurate an up-to date records of
wastes handled and to submit this record within 14 days at the end
of every period of 3 months to the Department of Environment.

2. Offences under these Regulations can be compounded up to a

maximum of RM2,000.00 or offenders can be prosecuted in court
and the maximum penalty is RM50,000.00 or imprisonment for a
period not exceeding 2 years or both and to a further fine not
exceeding RM1000.00 per day for every day the offence is continued.

October 10, 2023 117

[Link] Management System
(ISO 45001:2018)
ISO 45001 Aims & Approach
➢ Prevent work related injury & ill health
➢ Provide a safe & healthy workplace
➢ Improve OSH performance
➢ Fulfil legal & other requirements
➢ Achievement of OSH objectives
By
▪ Eliminating hazards
▪ Minimizing OSH risks
2

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01\J University 2030 [Link]
OSHMS Model P l a n - D o - C h e c k - A c t ( PDCA)
cycle

Leadership and
worker
participation [5]

,.,.
01\J
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University 2030
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[Link]
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4. Context of the organization
• Understanding the organization and its context
➢Determine external and internal issues

• Understanding the needs and expectations of workers and other interested

parties
➢Who are they? What do they need and expects?
➢Which of these needs and expectations are legal & other requirements?

• Determining the scope of OSHMS

➢Boundaries and applicability

• OSHMS
➢Integrate into the business processes
Examples of External issues
▪ Cultural ▪ New occupations
▪ New knowledge on products and
▪ Social
their effect on health & safety
▪ Political ▪ Relationship with external interested
▪ Legal parties
▪ Financial
▪ Technological
▪ Economic
▪ Natural surroundings
▪ Market competition
▪ Introduction of new competitors,
contractors etc.
▪ Introduction of new technology
▪ New laws
Examples of Internal issues
▪ Governance, organizational structure, ▪ The form and extent of contractual
roles and accountabilities relationship
▪ Policies, objectives and strategies ▪ Working time arrangements
▪ Working conditions
▪ Knowledge and competence
▪ Information systems, information flow
▪ Decision-making processes
▪ Introduction of new products, materials,
services, tools etc.
▪ Relationship with workers
▪ Perception and values with workers
▪ Organization’s culture
▪ Standards, guidelines, models adopted by
the organization
Examples of Interested parties
1) Workers, workers’ representative and workers’ organization (trade union)
2) Employers’ organization
3) Legal and regulatory authorities
4) Parent organization
5) Suppliers, contractors and subcontractors
6) Owners, shareholders, visitors, local community, neighborhood and general
public
7) Customers, medical and other community services, media, business
associations
8) Occupational health and safety organizations, health-care professionals
5. Leadership and worker
participation
▪ Leadership and commitment
➢Top management demonstrates commitment via 13 actions.
❖Overall responsibility and accountability
❖OSH policy and objectives

▪ OSH Policy
➢Commitment to provide safe and healthy working conditions
➢Commitment to fulfil legal and other requirements
➢Commitment to eliminate hazards and reduce OSH risks
➢Commitment to continual improvement
➢Commitment to consultation and participation of workers
5. Leadership and worker
participation (Continue)
▪ Organizational roles, responsibilities and authorities
➢All levels
➢Ensuring conformity & reporting the performance to top management
▪ Consultation and participation of workers
➢All aspects of the OSHMS
➢Remove obstacles or barriers to participation
➢Consultation and participation of non-managerial workers
❖9 areas of consultation & 7 areas of participation.
6. Planning
▪ Actions to address risks and opportunities
➢Consider context and interested parties
➢Give assurance that the OSHMS can achieve its intended outcomes
➢Prevent, or reduce undesired effects
➢Achieve continual improvement

▪ Hazard identification and assessment of risks and opportunities

➢Ongoing and proactive
➢Routine and non-routine activities
➢Past relevant incidents (internal or external)
➢Potential emergencies
➢Actual and propose changes
Hazard identification and assessment of risks & opportunities

▪ Hazard –source with a potential to causeinjury and ill health

▪ Risk –effect of uncertainty

▪ OSH risk –combination of likelihood and severity

of the event

▪ OSH opportunities –circumstances that can lead

to improvement of OSH performance
6. Planning (Continue)
▪ Hazard identification and assessment of risks and opportunities (continue)
➢Other risks related to the establishment, implementation, operation and
maintenance of the OSHMS.
❖Changes in manpower, legal, operation environment, workload etc.
➢Other opportunities for improving the OSHMS.
❖Using technology, benchmarking etc.

▪ Determination of legal and other requirements

➢Determine and have access to up-to-date LOR
➢What needs to be communicated
6. Planning (Continue)
▪ Planning actions
➢Based on risk assessment, determine necessary controls and/or measuring/
monitoring.
➢Consider management of change to ensure no resulting unintended
consequences.

▪ OSH objectives and planning to achieve them

➢Measurable (if practicable)
➢Monitored, communicated and updated (as appropriate)
➢What to do, what is required, Who, When, How to evaluate, How to integrate
into business processes
7. Support
▪ Resources
➢Determine and provide

▪ Competence
➢Determine and ensure competency (incl. ability to identify hazards)
➢Education, training or experience
➢Provide training and evaluate effectiveness

▪ Awareness
➢OH&S policy and objectives
➢Hazards, OH&S risk and controls
➢Benefits of improved performance
➢Implications and potential consequences of nonconformity
➢Ability to remove themselves from imminent and danger
7. Support – (Continue)
▪ Communication
➢Internal and external –what, when, whom, how, who
➢Ensure workers contribute to continual improvement
➢Communicate externally as required by legal & other requirements

▪ Documented information
➢Required by ISO 45001
➢Determined by the organization -necessary for effectiveness of OHSMS
➢Review and approve
➢Adequately protected (loss of confidentiality / integrity, improper use)
➢Distribution, access, retrieval and use
➢Storage and preservation, Control of changes, Retention and disposition
8. Operation
▪ Operational planning and control
➢Operating criteria and controls
➢Adapting work to workers
➢Eliminating hazards and reducing OSH risks
❖Hierarchy of controls
➢Management of change
❖New or changes to products, services or processes
❖Changes to Least of Risk (LOR)
❖Changes in knowledge or information about hazards and risks
❖Development in knowledge and technology
➢Control procurement of products and services
➢Control outsourced processes
Hierarchy of Controls

1) Elimination
2) Substitution
3) Engineering Controls
4) Administrative Controls
5) Personal Protective
Equipment (PPE)
8. Operation - (Continue)
▪ Emergency preparedness and response (EPR)

➢Establish EPR incl. provision of first aid

➢Training

➢Periodically testing / exercising the planned response capability

➢Evaluate performance and revising planned response as necessary

➢Communicate and provide information to all relevant parties

➢Take into account the needs and capabilities of all relevant interested parties
Emergency Preparedness &
Response

EMERGENCY EVACUATION PLAN

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Emergency Preparedness & Response

EMERGENCY
EVACUATION
MAP

rk•·.-
........._........

Ell - ··
r --
•
6. -
..- -·---
do you do
when the room
fills with smoke?
Get down low and
· go, go, go!

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9. Performance evaluation
• Monitoring, measurement, analysis and evaluation
➢What, How, when to monitor, when results are evaluated & communicated
➢Calibrated / verified measuring equipment
➢Evaluation of compliance –frequency, actions needed, maintain knowledge
and understanding of compliance status

• Internal audit
➢Planned interval
➢Define audit criteria and scope for each audit
➢Independence of auditors
➢Report audit results to management, workers and etc.
➢Take action to address the Not Compliance (NC) and improve performance
OSH Statistics Board examples

What do you think are the

important statistics to display?
9. Performance evaluation
continue

▪ Management review
➢Inputs
❖status of actions from previous review
❖Changes in external and internal issues (context)
❖The extent to which OSH policy and objectives have been met
❖Performance & effectiveness of OSHMS including incidents, NC, CA, monitoring
& measurement results, evaluation of compliance with LOR, audit results,
consultation & participation of workers, risk & opportunities
❖Adequacy of resources
❖Relevant communications
❖OFI
➢Outputs
❖Conclusion
❖Decisions and actions
*NC: non-compliance / CA: correction action / OFI: Opportunity for Improvement
 10. Improvement
▪ General
➢Improving the performance & effectiveness of OSHMS
▪ Incident, non-conformity and corrective action
➢Act to control, correct and deal with the consequences in a timely manner
➢Evaluate with participation of workers and other relevant interested
parties the need for Compliance Action (CA) –investigation & determine
cause (Root Cause Analysis)
➢Review existing assessment of OSH risks
➢Assess OSH risks & implement CA
➢Review effectiveness of CA
➢Make changes to OSHMS
▪ Continual improvement
1.6. Health Safety &
Environment (HSE)
Culture
Health & Safety Culture
▪ The health and safety culture of an organization may be
described as the development stage of the organization in
health and safety management at a particular time

The safety culture of an organization is the product of

individual and group values, attitudes, perceptions,
competencies and patterns of behavior that determine the
commitment to, and the style and proficiency of, an
organization’s health and safety management.
Safety Culture & Safety
Performance
▪ The following elements are the important components of a positive
health and safety culture:
➢ Leadership and commitment to health and safety throughout and at all
levels of the organization
➢ Acceptance the high standards of health and safety are achievable
as part of a long-term strategy formulated by the organization
➢ A detailed assessment of health and safety risks in the organization
and the development of appropriate control and monitoring systems
➢ Relevant employee training program and communication and
consultation procedures
➢ Systems for monitoring equipment, processes and procedures and
the prompt rectification of any defects
➢ The prompt investigation of all incidents and accidents and reports
made detailing any necessary remedial actions.
Important Indicators of a
Health & Safety Culture
▪ The are several outputs or indicators of the health and safety
culture of an organization.
▪ The most important are the number of accidents, incidents
and occupational ill-health cases occurring within the
organization
▪ Although the number of accidents may give a general indication
of the health and safety culture, a more detailed examination of
accidents and accident statistics is normally required
Important Indicators of a Health
& Safety Culture
▪ An organization with a high accident rate is likely to have a
negative or poor health & safety culture

▪ There are other indications of a poor health and safety culture or

climate. These includes:
➢A high sickness, ill health and absentee rate among the
Workforce,
➢The perception of a blame culture,
➢No resources (in term of budget, people or facilities) made
available for the affective management of health and safety
➢A lack of compliance with relevant health and safety law and
safety rules and procedures of the organization
Factors Affecting Health & Safety
Culture
▪ Commitment to health & safety
▪ Performance targets
▪ Feeling of uncertainty
▪ Poor levels of supervision
▪ Poor levels of health & safety information
▪ Poor level trainings
▪ Human factor
➢ human errors – slips, lapses and mistakes (rule-
based or knowledge-based)
➢ violations
How Health & Safety Behavior
at Work can be Improve?
▪ Commitment by the management (a visible management is very
important for a positive health & safety culture)
▪ The promotion of health & safety standards (everyone within the
organization needs to understand the standards)
▪ Effective communication within the organization (verbal, written
& graphic)
▪ Cooperation from and with the workforce (it is important to gain
the cooperation of all employees which is achieved by
consultation)
▪ An effective and developing training program (induction, job
specific, supervisory and management, and specialist.)
Hearts & Minds
Hearts and Minds/Hudson and Parker
safety culture ladder.
'