Occupational Safety and Health Act 1994 (OSHA)

Extract

[...] Part Section 24 General Duties of Employees • Ensure personal safety and that of others. • Cooperate with employer and others in regard to safety in accordance with Act. • Properly wear and /or use personal protective equipments (PPE) that are provided by employer. • Comply and obey to any safety instructions or procedures instituted by employer concerning safety. Part General Duties of Employees • Section 25 • An Employee: • Who intentionally, recklessly (careless, unconcern) or negligently interfere (Get involved, so as to alter or hinder an action, or through force or threat of force, menganggu) of misuse anything provided or done in the interest of safety, health and welfare in pursuance of the Act shall be guilty of an offence. [...]

[...] •“Trade union” – any association or combination of workmen or employers within the meaning of the Trade Unions Act 1959. Objectives of the Act Section 4 – Objects of the Act:• To ensure the safety, health and welfare of persons at work. • To protect person at a place of work other than persons at work. • To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs. • To provide the means towards a system of regulations and approved industry codes of practice. [...]

[...] Part General Duties of Employers and Self-Employed Persons • Importance of a Safety and Health Policy • Long term objective • Continuous commitment at all levels of management. • Delegation of task at lower management levels. Part General Duties of Employers and Self-Employed Persons • Safety and Health Policy: • Statement of intent • Organization • Arrangements Part General Duties of Employers and Self-Employed Persons • Statement of intent • Safety must be given priority in all daily work activities. • Safety is to be integrated into all daily work activities. • Safety of workers and others (visitors, guests, outsiders) are of utmost priority. [...]

[...] Occupational Safety and Heath (Safety and Health Officer) Regulations 1997 • 6. Occupational Safety and Health (Prohibition of Use of Substance (the real physical matter of which a person or thing consists)) Order 1999 • 7. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 • 8. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulation 2004 FMA 1967 OSHA 1994 Scope • Only cover OSH in the manufacturing, mining, quarrying, works of engineering and construction • Cover of the man power • Cover all economic activities & government except armed forces & seafarers • Cover 90% of the man power Approach • Prescriptive • Too dependent on government • Concern for inspection by regulation authorities • self regulation • supported by code of practices, guidelines etc • tripartite responsibilities • worker cooperation & participation Objective • focus on control of factories & machinery • registration & inspection of machines • less provision for health • to safeguard, health & welfare of employees & those at the place of work for example visitors, contractors etc FMA vs OSHA Interpretation Section 3 •“Contract of service” – any agreement whether in oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract. [...]

[...] • Section 27 • Employer /Trade Union may not discriminate – dismiss, injure or change position of any employee who makes complaint that he is not safe or is risk to health and also exercises his functions as a member of the Safety and Health Committee. Safety and Health Officer • Section 29 • Apply to specific industries as the Minister may gazetted. • Employ a competent person to act as a safety and health officer. • Specific responsibilities to ensure compliance to the Act and promotion of safe work. • Possess such qualification and received training. • OSHA Act 1994 Clause 39(2) duties/responsibilities . [...]