OSHA Introduction PDF

DUW10032 OSHA VIOLATIONS ▪ OSH is condition in which an employee need a work environment that is safe and healthy for themselves and other who may be affected by its activity. ▪ Occupational health is a multidisciplinary field of healthcare concerned with enabling an individual to undertak...

DUW10032 OSHA VIOLATIONS ▪ OSH is condition in which an employee need a work environment that is safe and healthy for themselves and other who may be affected by its activity. ▪ Occupational health is a multidisciplinary field of healthcare concerned with enabling an individual to undertake their occupation, in a way that causes least harm to their health. ▪ Aims to give security to people who are in employed in terms of their health, welfare and safety. ▪ Protection and promotion of workers health by preventing and controlling occupational disease and accidents. ▪ Co-operation between management and workers to create a safe environment. ▪ Top management responsible for workers safety. ▪ Clear written policy for safety and health management. ▪ Organization provide best available knowledge and methods for safety and health practices in workplace.  Occupational Safety and Health Petroleum Act 1994 (Act 514) Act 1984 (Act 302) Factory and Machinery Act 1967 (Act 139)  OSH legislation helps to ensure that everyone, especially employers and employees, becomes more responsible for creating a safe working environment OSHA 1994 provides general duties for the employer, a self- employed person, the designer, the manufacturer and supplier, the provision of appointing officers and the establishment of the National Council, policy development and the preparation of occupational safety and health measures, enforcement, the role investigators and the legal liabilities for offenses 1. Employers Safety And Health General Policy Statements (Exception) Regulations, 1995 2. Control Of Industrial Major Accident Hazard Regulations, 1996 3. Classification, Packaging And Labelling Of Hazardous Chemicals Regulations, 1997 4. Safety And Health Committee Regulations, 1996 5. Safety And Health Officer Regulations, 1997 6. Use And Standard Of Exposure Of Chemicals Hazardous To Health Regulations, 2000 7. Notification Of Accident, Dangerous Occurrence, Occupational Poisoning And Occupational Disease Regulations, 2004  The role of occupational safety and health in Malaysia has been in existence since 120 years ago, in the end of the 19 century. Starting with the safety of the boiler and then into for machinery safety. HISTORY Followed by security industrial, industrial safety and health, and finally covering safety and health covering all sectors. History, role and development department can explained in five eras. ▪ Occupational in Safety and Health duties are the first carried out in Malaysia in the year 1878, where Mr. William Givan was appointed as Machinery Inspector. ▪ He was assigned to check the safety of the boiler when is mainly used in tin mines. ▪ At around the 1890s , the Perak state government has implemented inspection system by individuals, which a person qualifications in the field of steam boilers is licensed to be a boilers surveyor. ▪ In 1892 there were 83 steam boilers in Perak. The Boiler Surveyor system was discontinued in 1900 as C. Finchman appointed as Inspector of boiler. ▪ The first Legal boiler enactment is Selangor Boiler Enactment 1892. ▪ Meanwhile in Perak , Legislation was first enacted in 1903. ▪ In 1908 the State's then-Federated Malay States legislation has their own boilers, and all the Examiners at that time known as The Inspector of boiler ▪ At 1st. January 1914, enactments of the steam boiler in the Malay States was repealed and replaced with Machinery Enactment of 1913. ▪ Enactment of 1913, inspectors were not only Inspection Of Steam Boilers , but also on other machinery , including internal combustion engines, water turbines and related auxiliary equipment installation. ▪ At the same time the position of Boiler Inspector also abolished and replaced by The Inspectors of Machinery and Assistant Inspector of Machinery. ▪ In 1932, Machinery Enactment of 1913 was repealed and replaced with Machinery Enactment of 1932. ▪ Inspection and registration and inspection of the installation were enforced. The inspectors of machinery is in under the administration of the Mines Department (Machinery branch). ▪ This was because most of the machinery concentrated in the mining sector at that time. ▪ Machinery Branch is under the Department of Mines until 1952. Branch Machinery (Machinery) has been separated from the Department of Mines and assumed the name of the Machinery Department. ▪ Separation is necessary because most of the developed examination outside of the mining industry. ▪ In 1953, all machinery used in the enactment has been repealed and replaced with Machinery Ordinance 1953. ▪ With the enforcement of Ordinance 1953, the role of the examiner is not more focused on the safety of boilers or machinery, but also include the safety of workers in factories where machinery was used. ▪ Ordinance 1953 has a shortfall in the health aspects workers even though there are regulations on safety, health and workers under the ordinance, but it’s not fully enforced. ▪ In 1967, the Factories and Machinery Act was approved by Parliament. ▪ In 1970, the Factories and Machinery Act and eight regulations made under it were enforced. ▪ Machinery Ordinance 1953 was repealed and the name of the department was changed the Factories and Machinery Department. ▪ The inspectors who enforce the Act called Inspector of Factories and Machinery. ▪ This Act is designed to overcome lacking found in the Machinery Ordinance 1953, in terms of scope of coverage of workers, where workers in the workplace is no machinery are also covered. ▪ The new legislation enacted Occupational Safety and Health at 1994. ▪ Occupational Safety and Health Act 1994 (Act 514) has been approved by the Parliament in 1993 and was gazette on February 1994. ▪ This legislation was made in view of the Factories and Machinery 1967 only covers occupational safety and health in the sector manufacturing, mining and quarrying and construction, which safety and health of workers in the other industries do not covered. ▪ Workers engaged under the Factories and Machinery Act 1967 only 24% of the total workforce, while the Internal Security Act and Health Act 1994 cover 90% of energy work and would exempt those working on ships and military. ▪ Occupational Safety and Health Act 1994 is aimed to foster and promote safety awareness among health workers and also create organization with effective safety and health regulations. ▪ This is done through self-regulation scheme that relevant to the industry or related organizations ‘Accidents were regarded as part of the job’ ‘Usually blame on the carelessness of workers’ ▪ The fact that the Factory and Machinery Act 1967 only covers occupational safety and health in the manufacturing, mining, quarrying and construction industries, where as the other ndustries are not covered.  Did You Know?? Workers that are covered by Factory and Machinery Act 1967 consists only of 24% of the nation’s total man power, while Occupational Safety and Health 1994 would cover 90% of the nation’s total man power ⚫Manufacturing ⚫Mining and quarrying ⚫Construction ⚫Agriculture, forestry and fisheries ⚫Utilities (Electricity, Gas, Water and Sanitary services) ⚫Transportation, storage and communications ⚫Commercial - wholesale and retail ⚫Hotel and restaurant ⚫Financial, insurance, properties and business services ⚫Public services  NOT 1. Work on board of ship 2. Armed Forces 1.2 SAFETY IN WORKPLACE ❑ Avoid any serious accidents which will cause injury, disability, illness or death. ❑ Increase productivity, reduce staff turnover and promote lower staff absence due to sickness ❑ Significant cost saving and good accidents record. ❑ Help to reduce compensation cost because accidents and loss are minimized ❑ Promotes a quality lifestyle, better work methods and improve organizational performance ❑ Increase motivational to work and enhance employee commitment or loyalty toward organization. ⚫ If a worker is injured on the job, it costs the company in lost work hours, increased insurance rates, workers' compensation premiums and possible litigation. ⚫ Productivity is lost when other workers have to stop work to deal with the injury. ⚫ Even after the injured employee has been sent home or taken to the hospital, other employees may be distracted or need to take time off from work in the aftermath of the incident. ⚫ Even a single injury can have far-reaching and debilitating effects on business. ⚫ Any business knows that employee attrition and absenteeism can be major obstacles. ⚫ When you create a healthy and safe workplace, you reduce those issues in several ways. ⚫ By budgeting for safety improvements and making safety part of your operational plan, you engender trust. ⚫ By involving employees in safety decisions—through reporting, committees, walk-throughs and meetings— you show that their opinion matters to you. ⚫ By following through on their input and improving safety, you prove quite tangibly that you care about their well-being. ⚫ Workers typically respond by working harder, showing more pride in their jobs and remaining loyal. ⚫ Time and again, companies that put safety first turn out higher quality products. ⚫ In some cases, that’s because a safe workplace tends to be a more efficient one, free of debris and tangles of cords. ⚫ In other cases, it’s a matter of focus. ⚫ By working in a clean, efficient environment, workers are able to reduce distractions and truly focus on the quality of what they do. ⚫ The results? Better products that create customer loyalty, bigger margins and increased sales. ⚫Employer have a duty of care towards their employees ⚫Duty of care is a moral or legal obligation to ensure the safety , health and well being of others. Requirements under employer’s duty of care such as: ▪ Defining job clearly and undertaking risk assessment ▪ Ensuring a safe working environment ▪ Providing adequate training and feedback on performance ▪ Setting up incentive programme to promote safety ▪ Ensuring that employees do not work excessive hours that may lead to inadequate period of rest and recuperation ▪ Providing enough areas for rest and relaxation ▪ Protecting employees from harassment or bullying from collogues and third parties ▪ Protecting employees from discrimination ▪ Providing communication channels for employees to raise concern ▪ Consulting employees on issues which concern them ⚫Employer take practical measure to ensure : 1. Workplace infrastructure or equipment are safe 2. Worker instructed in the use, and warned about risks involved in the use, of workplace infrastructure or equipment, 3. Worker known about workplace materials are poisonous 1. The Act contains 67 sections, divided into 15 parts and appended with 3 schedules. 2. The first three parts state the objects of the Act and provide the infrastructure for appointment of officers and the National Council. 3. Part IV to VI provides the general duties for those who create the risks e.g. employer, self-employed person, designer, manufacturer, supplier, etc and those who work with the risks i.e employees. 1. Secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work. 2. Protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work 3. Promote an occupational environment for persons at work which is adapted to their physiological and psychological needs 4. Provide the means whereby the associated occupational safety and health legislation may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health. 1. Ensure the safety, health and welfare at work of all his employees. 2. Ensure the maintenance of plant and systems of work that are safe and without risks to health 3. Ensure practicable, safety and absence of risks to health in connection with the use or operation, handling, storage and transport of plant and substances 4. Provide training, information and supervision to worker 5. maintenance of workplace condition are safe and the means of access to and egress from it that are safe 6. Working environment is safe as regards facilities for their welfare at work. 7. Ensure that he and other persons, not being his employees, who may be affected thereby are not thereby exposed to risks to their safety or health. 1. Section 15. General duties of employers and self-employed persons to their employees. 2. Section 16. Duty to formulate safety and health policy 3. Section 17. General duties of employers and self-employed persons to persons other than their employees 4. Section 18. Duties of an occupier of a place of work to persons other than his employees 5. Section 19. Penalty for an offence under section 15, 16, 17 or 18 (50K / 2years) 1. to take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work 2. to co-operate with his employer or any other person in the discharge of any duty or requirement imposed on the employer or that other person by OSH Act or any regulation 3. to wear or use at all times any protective equipment or clothing provided by the employer for the purpose of preventing risks to his safety and health 4. to comply with any instruction or measure on occupational safety and health instituted by his employer or any other person 1. Section 24: General duties of employees at work 2. Section 25. Duty not to interfere with or misuse things provided pursuant to certain provisions 3. Section 26. Duty not to charge employees for things done or provided 4. Section 27. Discrimination against employee, etc. ⚫ Objective Factories and Machinery Act (FMA) 1967 or Act 139, is : 1). to provide for the control of factories on matters relating to the safety, health and welfare of persons 2).registration and inspection of machinery. ⚫ Some high risk machinery such as boilers, unfired pressure vessels, passenger lifts and other lifting equipment such as mobile cranes, tower cranes, passenger hoists, overhead traveling cranes and gondolas, must be certified and inspected by DOSH. ⚫ All factories and general machinery must be registered with DOSH before they can be installed and operated in Malaysia. ⚫ DOSH enforces 16 regulations under FMA 1967. They are: 1. Electric Passenger and Goods Lift Regulations, 1970 2. Fencing of Machinery and Safety Regulations, 1970 3. Notification, Certificate of Fitness and Inspection Regulations, 1970 4. Persons-In-Charge Regulations, 1970 5. Safety, Health and Welfare Regulations, 1970 6. Steam Boilers and Unfired Pressure Vessel Regulations, 1970 7. Certificates of Competency-Examinations Regulations, 1970 8. Administration Regulations, 1970 9. Compounding of Offences Rules, 1978 10.Compoundable Offences Regulations, 1978 11.Lead Regulations, 1984 12. Asbestos Process Regulations, 1986 13. Building Operations and Works of Engineering Construction (Safety) Regulations, 1986 14. 14.Mineral Dust Regulations, 1989 15. Noise Exposure Regulations, 1989 16. Notification, Certificate of Fitness and Inspection (Amendment) Regulations, 2004 Objective; ⚫ An Act relating to the prevention, abatement, control of pollution and enhancement of the environment, and for purposes connected therewith. ⚫ It is divided into the following Parts: Preliminary (I); Administration (II); Licences (III); Prohibition and Control of Pollution (IV); Appeal and Appeal Board (V); Miscellaneous (VI). ⚫ Powers and functions relevant to the protection of the environment are shared by the Director General of Environmental Quality and the Minister charged with the responsibility for environment protection. Environmental Requirements; Under the Environmental Quality Act (EQA), 1974 and the Regulations thereunder, industrial activities are required to obtain the following approvals from the Director General of Environmental Quality prior to project implementation: a) Environmental Impact Assessment reports - under Section 34A b) of the EQA, 1974 (for prescribed activities); c) Site suitability evaluation (for non-prescribed activities); (c)Written permission to construct - under Section 19 of the EQA, 1974 (for prescribed premises-scheduled wastes treatment and disposal facilities, crude palm oil mills and raw natural rubber processing mills); d) Written approval for installation of incinerator, fuel burning equipment and chimney – under Environmental Quality (Clean Air) Regulation, 1978, EQA, 1974; and e) License to use and occupy prescribed premises and prescribed conveyances - under Section 18 of the EQA, 1974.