MODULE 1

OSH MANAGEMENT\ PENGURUSAN

KKP

OSH AWARENESS, EMERGENCY IMS Training Program

RESPONSE & FIRST AID FOR Trainer/ Instructor:
CONSTRUCTION Ts. Farid Azwan Bin Mohd Yusof,
OCCUPATIONAL SAFETY & HEALTH BSc. Geology (UKM), MSc. ISM (UKM),
MBOT
AWARENESS SERIES
COURSE CONTENT
1. History
2. Legal Requirements
3. OSH Management System
4. Organization OSH Policy
5. Safety Culture in Construction

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

KICK-START
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
SAFETY CULTURE?

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

SMART OSH SKILLS BY IMAN MIND SOLUTIONS
 CULTU
Behaviou RE
Habit r
Attitude
Do/
Know Implemen
t

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

CULTURE MATURITY MODEL BY
HUDSON, 2001 SMART OSH SKILLS BY IMAN MIND SOLUTIONS
 PENGENALAN
INTRODUCTION
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
 SOURCE: NATIONAL WSH CAMPAIGN 2018
TAKE TIME TO TAKE CARE (SINGAPORE)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

ACCIDENT STATISTICS

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

ACCIDENT STATISTICS

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

SMART OSH SKILLS BY IMAN MIND SOLUTIONS
WHAT IS OSH?
Definition of Safety
a state in which or a place where you are safe and not in danger or at risk (Cambridge Dictionary)

Definition of Occupational Safety and Health

 "The main focus in occupational health is on three different objectives:
(i) the maintenance and promotion of workers' health and working capacity;
(ii) the improvement of working environment and work to become conducive to safety and health
and
(iii) development of work organizations and working cultures
Such a culture is reflected in practice in the managerial systems, personnel policy, principles for
participation, training policies and quality management of the undertaking."
— Joint ILO/WHO Committee on Occupational Health SMART OSH SKILLS BY IMAN MIND SOLUTIONS
WHY WE NEED OSH?
Insuredcost
Direct
cost
Indirect
Uninsured
cost
cost

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

PERCEPTION OF OSH
SAFETY IS EVERYONE
RESPONSIBILITY

SAFETY IS MY RESPONSIBILITY

SAFETY IS YOUR RESPONSIBILITY

SAFETY IS OUR RESPONSIBILITY

SMART OSH SKILLS BY IMAN MIND SOLUTIONS
SEJARAH
HISTORY
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
 187
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ang
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Phase 2
Ma 3 – Th
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THE MILESTONE

196
Fac 7 -
197 Ma tories
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yA
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Phase 3

199
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SH
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202
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INDUSTRY ACCIDENT (MAJOR)
BRIGHT SPARKLER – ‘HIROSHIMA SG BULOH’
 Letupan 200 tan belerang

 3 Letupan Major + 20 Letupan

Susulan

 Kesan Letupan hingga 7km

 Tarikh: 07.05.1991

 Masa: 3.45 pm

 Maut: 26 orang

 Cedera: 83 orang
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
INDUSTRY ACCIDENT (MAJOR)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

INDUSTRY ACCIDENT (MAJOR)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

INDUSTRY ACCIDENT (MAJOR)
BP Texas Refinery – Before Disaster

• BP AMOCO Refinery is on 1,200 acres

with 30 refinery units and is 71 years old.
• 1800 people work at the refinery plus
contractors
• It is BP’s largest plant, and the USA’s third
largest refinery, processing 460,000 barrels
of crude oil/day, around 3% of US
gasoline supplies
INDUSTRY ACCIDENT (MAJOR)

BP Texas Refinery – Aftermath

INDUSTRY ACCIDENT (MAJOR)

PIPER ALPHA 06 JULY 1988 – BEFORE EXPLOSION

PIPER ALPHA – AFTER EXPLOSION & FIRE
INDUSTRY ACCIDENT (MAJOR)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

INDUSTRY ACCIDENT (MAJOR)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

KEHENDAK PERUNDANGAN
LEGAL REQUIREMENTS
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
 THE LEGISLATION
1) Occupational Safety & Health Act of 1994 (OSHA 1994)
a. Occupational Safety & Health (Amendment) Act 2022

2) Factories and Machinery Act 1967 (FMA 1967)

3) Environmental Quality Act 1974 (EQA 1974)
4) Other related legislation

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

THE LEGISLATION
ACT
 State the scope as well as general provisions.
 Approved by parliament.

RULES
 Detailed description of provisions under the act.
 Approved by the minister.

CODE OF PRACTICE / GUIDELINES

 A guide to compliance with laws and regulations.
 Can be provided by industry associations and endorsed by Government
Authorities.
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
THE HISTORY OF OSH
LEGISLATION IN MALAYSIA

1. The Boiler Safety Era before 1914

2. The Machine Safety Era 1914 – 1952
3. Industrial Safety Era 1953 – 1967
4. Industrial Safety and Hygiene Era 1970 - 1994
5. The Era of Occupational Safety and Health after 1994

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

NEW LANDSCAPE OF OSH
LEGISLATION

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

BACKGROUND
NEW LANDSCAPE OF OSH
LEGISLATION
Occupational Safety and Health Act 1994 (OSHA 1994)
• Passed by parliament, enacted and enforced by DOSH since 1994.
• Amendment required to improve and facilitate methods of regulating behaviour.

Factories and Machinery Act 1967 (FMA1967)

• Amended in 2006

AMENDMENT OF OSHA 1994 AND REPEAL OF FMA 1967

RATIONALE

WHY NEED MIGRATION?

• To facilitate the industry
Comply • Compliance with one act

• Cost effective for both parties; Government and Industry

Cost

• To ease the administration of OSH legislation

Admin

Enhanc • To strengthen existing Legislation

e

AMENDMENT OF OSHA 1994 AND REPEAL OF FMA 1967

 RATIONALE

WHY NEED MIGRATION?

1. Includes all industries 5. Legalize administrative work
• Apply to all industries in Malaysia • Provide enabler for OYK/FYK appointment
• Accountabilities of OYK/FYK (Competent Person)
2. Covers all industry player
• Developer (in const. industry) 6. Increase the penalty rate
• Multi employer (contractor, sub contractor etc) • RM 50,000 to RM500,000

3. Responsibilities & accountabilities of industry 7. Improve the compound provision

player • To facilitate better mechanism on compounding
• Contractor, sub contractor and appealing.
• Outsourcing, Labor supplier
8. Provision for Rights of Employees and Young
4. Empowering Majlis Negara (MNKKP) Person
• strengthen the role & function of Chairman & • Rights of Employees to remove himself from
MNKKP (National Safety Council) members dangerous environment.
• Broaden of MNKKP’s function • Young Person – not allowed to work in hazardous
activity. AMENDMENT OF OSHA 1994 AND REPEAL OF FMA 1967
 PRELIMINA
RY
OSHA 1994 OSHA (Amendment) Act 2022
• Section 1 • Amendment to Section 1
– Short title and • This Act shall apply to all places of work in Malaysia,
application including public services and statutory authorities
• First Schedule [subsection 1(3)] – Non-Application of this
Act

Possible Impact:

3
4
3
5
 DUTY HOLDER: DUTIES &
RESPONSIBILITIES
OSHA 1994 OSHA (Amendment) Act 2022
• Employer • Employer
– Immediate – Immediate Employer
Employer - Principal Employer
– Principal • Principal Contractor
Employer • Contractor, Subcontractor
• Occupier

Possible Impact:
To clearly differentiate responsibilities of employer and contractor in the contract (for
major construction activity).
HSE responsibilities may incur additional cost by contractor.
3
6
 APPOINTMENT OF
OFFICERS
OSHA 1994 OSHA (Amendment) Act
• none •2022
New Section 7(a), 7(b), 7(c) & 7(d)
• “Appointment of licensed person”, “Revocation of license”,
“Granting of new license upon revocation” and “Representing
as licensed person”
• With recommendation of DG, Minister may grant licensed on
such conditions and limitations to any person to perform any
function specified in this Act as the functions of a Licensed
Person
• Minister may make a regulation
Possible Impact:
Change in the cost for equipment inspection on ever y 15 months, such as boiler,
pressure vessel and lifting equipment 9
 GENERAL DUTIES OF EMPLOYERS, SELF-EMPLOYED
PERSONS AND PRINCIPAL

OSHA 1994 OSHA (Amendment) Act

• none •2022
New Section 18(a) & 18(b)
• “Duties of principal” and “Duty to conduct and implement
risk assessment”
• Duty to conduct and implement risk assessment
• To implement such control

Possible Impact:
To review, ensure and follow-up all risk controlmeasure(s) are effectivelybeen implement to
eliminate or reduce the safety and health risk.
 GENERAL DUTIES AND RIGHTS OF EMPLOYEE

OSHA 1994 OSHA (Amendment) Act

• none •2022
New Section 26(a)
• “Rights of Employee” – to remove himself from danger if the
employer fails to take any action to remove the danger
• Employer cannot discriminate
• Meaning of “imminent danger”

Possible Impact:
Further grievance by employee. Employee Union will be established?
 NOTIFICATION OF OCCUPATION OF PLACE OF WORK,
INSTALLATION AND INSPECTION OF PLANT, ETC.

OSHA 1994 OSHA (Amendment) Act

• none •2022
New Part VI(A)
• “Notification of Occupation of Place of Work, Installation
and Inspection of Plant, etc.”
• Prescription of plant requiring certificate of fitness
• Installation of plant
• Certificate of fitness
• Periodical inspection of plant
• Special scheme of inspection

Possible Impact:
Significant impact?
12
 SAFETY AND HEALTH
ORGANIZATIONS
OSHA 1994 OSHA (Amendment) Act
• none •2022
New Section 28(a)
• “No action against person carrying out occupational
health service” – report any risk to health or report to
DOSH for any patient suffering from any occupational
disease or occupational poisoning.

Possible Impact:
 SAFETY AND HEALTH
ORGANIZATIONS
OSHA 1994 OSHA (Amendment) Act
• Section 29 (4) •2022
Amended to Section 29 (4)
• SHO shall possess such • SHO only for one place of work at any one
qualification time, unless permitted otherwise by DOSH

Possible Impact:
 SAFETY AND HEALTH
ORGANIZATIONS
OSHA 1994 OSHA (Amendment) Act
• None •2022
New Section 29 (A)
• “Occupational Safety and Health Coordinator” :
a. For employer not required to employ SHO
b. With > 5 workers
• If employer has employed SHO – has comply to this
Section no need to appoint OSH Coordinator

Possible Impact:
 SAFETY AND HEALTH
ORGANIZATIONS
OSHA 1994 OSHA (Amendment) Act
• None •2022
New Section 31 (A)
• “Occupational safety and health training course”
a. DOSH shall publish any class or description of
person to attend an OSH training course
b. Training to be done by a registered training
provider
• Person to complete training before allowing to perform
any work
• Refresher course may be needed by DOSH
Possible Impact:

16
 COMPETENT PERSON AND REGISTERED TRAINING
PROVIDER
OSHA 1994 OSHA (Amendment) Act
• None • 2022
New Part VII (A)
• “Competent Person and Registered Training Provider”
• No person shall:
a. Carry out any activity as per 5th Schedule unless has been registered as
competent person
b. Conduct any OSH training unless registered as training provider
• Application for registration – register, pay fee, approval conditions,
withdrawal
• Validity of registration - 3 years
• Renewal of registration – competent person and training provider
• Cancellation of registration - competent person and training provider

Possible Impact:
To understand the requirement for operating, handling or be in charge of any plant.
17
Current practice – JKJ 101, 103 & 105
 NOTIFICATION OF ACCIDENTS, DANGEROUS OCCURRENCE,
OCCUPATIONAL POISONING AND OCCUPATIONAL DISEASES, AND INQUIRY

OSHA 1994 OSHA (Amendment) Act

• None •2022
New Section 34 (A)
• “Duties of the owner, occupier, etc., in inquiry”
• To provide such assistance needed for the purposes of
any inquiry under this Act.

Possible Impact:
At present, all necessary assistance are given to DOSH Officer upon request
 LIABILITY FOR OFFENCES
OSHA 1994 OSHA (Amendment) Act 2022
• Section 52 • Substitute of Section 52
• Offenses committed by • “Liability of director, etc., of company, etc.”
body corporate a. May be charge severely or jointly
b. Liable to the same punishment or penalty

Possible Impact:
A company, partnership, firm, society, any other body of persons, a person who is the Director,
Compliance Officer, or to any extent responsible for the management of any of the affairs of
the company, partnership, form, society or other body of person
 LIABILITY FOR OFFENCES
OSHA 1994 OSHA (Amendment) Act
• None •2022
New Section 52 (A)
• “Liability of person for act, etc., of employee, etc.”
• Any person would be liable to any punishment or penalty
for any act, omission, neglect or default committed:
a. By the employee
b. By the agent
c. By any person acting on behalf of the agent
• That person shall be liable to the same punishment or
penalty for every such act, omission, neglect or default

Possible Impact:
Employee or agent may be subject the same punishment and penalty as the employer
 LIABILITY FOR OFFENCES
OSHA 1994 OSHA (Amendment) Act
• None •2022
New Section 60 (A)
• “Evidence”
• In any proceedings, all reports, records or register and
any extracts therefrom kept and certified by an officer
shall be ‘prima facie’ evidence

Possible Impact:
All OSH record retention shall be kept based on its retention period.
 APPEALS
OSHA 1994 OSHA (Amendment) Act
• None 2022
• New Section 67 (A) & 67 (B)
• “Power to exempt”
• The Minister may exempt any plant, substance, process,
person or place of work or class of person or class of
place of work from any provision of this Act.

Possible Impact:
 PENALTY
Item OSHA 1994 OSHA (Amendment) Act 2022
RM10,000 RM100,000
General Penalty
- Imprisonment 1 year
RM 50,000 RM 500,000
Employer Duties
Imprisonment 2 years Imprisonment 3 years
RM 1,000 RM 2,000
Employees Duties
Imprisonment 3 months Imprisonment 3 months
RM 5,000 RM 50,000
OYK (Competent Person)
Imprisonment 6 months Imprisonment 1 year
- RM 200,000
FYK (Competent Firm)
- Imprisonment 2 years
Compound - RM 3,000
RM 50,000 RM 500,000
Imprisonment 5 years Imprisonment 3 years
Non-compliance of Notice
Daily continuous offence – RM 500 Daily continuous offence – RM
2,000

24
Possible Impact: Impact on cost?
NEW LANDSCAPE OF OSH
FACTORIES AND MACHINERY (REPEAL) ACT 2022

Passed by Dewan Rakyat on 27 October 2021

Date of Royal Assent ... ... 4 March 2022 / Date of publication in the Gazette ... ... 16 March 2022

Act 835
 SUMMARY OF REPEAL
FMA 2022
 The Factories and Machinery Act 1967 is repealed

• (1) Any registration made, or order, notice, direction, written authority,

approval, certificate of fitness, special scheme of inspection or certificate
of competency given or issued, under the repealed Act shall, on the coming
into operation of this Act, be dealt with under the Occupational Safety and
Health Act 1994 [ Act 514 ].
• Notwithstanding subsection (1), any notice issued under subsection 19(2),
39(3) or 40(4) of the repealed Act shall, on the coming into operation of
this Act, be dealt with under the repealed Act as if the repealed Act had not
been repealed.

Possible Impact:
Significant impact?
 OSH MANAGEMENT SYSTEM
STANDARD
KEPIAWAIAN SISTEM PENGURUSAN KKP
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
 INTRODUCTION TO
MANAGEMENT SYSTEM
History

a. 1996 - Initiate discussion at International Organization For Standardization (ISO) Workshop

b. 1998 – Identification of OSHMS elements by ILO with cooperation with International Occupational Hygiene
Association (IOHA). Also known as Occupational Health and Safety Assessment Series.
c. 1999 – British Standard Institution launched official proposal for OSH Management System – FAILED
d. Jan 2001 – final draft ILO Guideline
e. Dec 2001 – official published
f. 2007 – release updated version
g. 2018 – ISO 45001 released
• an international standard that specify requirements for an OH&S management system

• a standard to enable organization to proactively improve its OH&S performance in

preventing injury and ill-health
• intended to be used by any organization

• all of its requirements are intended to be integrated into an organization’s own

management processes
ISO 45001 MYTHS
1. ISO 45001 is only applicable to manufacturing
2. ISO 45001 isn’t required if we are legally compliant
3. ISO 45001 is only for “hazardous” organizations
4. ISO 45001 is about creating a lot of unnecessary documents
5. ISO 45001 won’t add value and it will cost too much to implement
6. ISO 45001 will stop us from being flexible and innovative

COPYRIGHT ©2019 45001ACADEMY. ALL RIGHTS

RESERVED.
INTRODUCTION TO
MANAGEMENT SYSTEM
Purpose of OHS MS = to provide a framework for managing OHS risks.

Intended outcomes of OH&S MS

- to prevent injury and/or ill health to workers;
- to provide safe and healthy workplaces; and;
- to continually improve OH&S performance.
Key factors effecting success of OHS MS;
a) top management leadership, commitment, responsibilities and
accountability;
b) top management developing, leading and promoting culture that supports the
intended outcomes of the OHS MS;
c) communication;
d) consultation and participation of workers;
e) allocation of the necessary resources;
f) OHS policies, which are compatible with the overall strategic direction of the
organization;
CHALLENGES

Several challenges face the implementation of ISO 45001:

Deciding what to document, and not document
Ensuring safety rules are known and followed
Promoting continual improvement of the OH&S Management System
YOUR ROLE IN THE
IMPLEMENTATION
There are a few things you need to understand to make the OH&S Management
System work:
Know and understand the OH&S policy and applicable OH&S objectives
Understand how you contribute to OH&S efficiency
Know what happens if you don’t follow the OH&S rules
Know the hazards relevant to your job, and how they are controlled
INTRODUCTION TO
MANAGEMENT SYSTEM
Development Process

Roles & Documentatio

Committee
Resp. n

Certification
Gap Analysis Implement
Process
 INTRODUCTION TO
MANAGEMENT SYSTEM
Development Process
 STANDARD INTERPRETATION (PDCA
STRUCTURE)

• COO (4) • Support (7)

• LWP (5) • Operation
• Planning (6) (8)

Plan Do

Chec
Act
k
• Improvement (10) • Evaluation
(9)
 STANDARD INTERPRETATION (HIGH LEVEL STRUCTURE -
HLS)

5 Leadership &
9 Performance 10
4 Context Worker 6 Planning 7 Support 8 Operation
Evaluation Improvement
Participation

Organization Leadership & Plan &

R&O Resources Monitoring Incident, CA
& Context Commitment Control

Needs & Eliminating Cont.

Policy Objectives Competence Internal Audit
Expectation Hazards Improvement

Roles,
Evaluation of
Scope responsibilities Awareness MOC
Compliance
, authorities

Participation
Management Communicatio Management
& Outsourcing
System n Review
Consultation

Doc.
Procurement
Information

Contractors

EPR
Standard Interpretation (HLS Backbone)
 BUDAYA KESELAMATAN DI
INDUSTRI PEMBINAAN SAFETY
CULTURE IN CONSTRUCTION INDUSTRY
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
 TOWARD SAFETY CULTURE

Employer-
Leadership Employee Clear Instruction Executed Risk
Commitment Training- (Policy/Procedure) Assessment
Engagement
METHO
MAN
D
Behavioural Based Simplified
Consultation & Communication
Safety Incident
Participation
Reporting System

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

TOWARD SAFETY CULTURE

Recognition Program Audit and Inspection

Continuous
Improvemen
t

Collaborative
Learning

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

 KETIDAKPATUHAN KKP
OSH NON-CONFORMANCE
SMART OSH SKILLS BY IMAN MIND SOLUTIONS
KETIDAKPATUHAN OSH
(UNSAFE ACT)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

KETIDAKPATUHAN OSH
(UNSAFE ACT)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

KETIDAKPATUHAN OSH
(UNSAFE CONDITION )

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

KETIDAKPATUHAN OSH
(UNSAFE CONDITION )

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

KETIDAKPATUHAN OSH
(POOR HOUSEKEEPING)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

OCCUPATIONAL ACCIDENT
VIDEO

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

BEST PRACTICE

SMART OSH SKILLS BY IMAN MIND SOLUTIONS

THANK YOU

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POST ASSESSMENT (MODULE
1)

SMART OSH SKILLS BY IMAN MIND SOLUTIONS