CHAPTER 1:INTRODUCTION

OBJECTIVES

Introduce the history of OSHA and sources of the OSH law

To differentiate between Statutory Law and Common Law

OSH law history in MalaysiaExplain employer’s liability in duty of careTo introduce common terms and concepts as stipulated by the law

3

UNSAFEWORKPLACE

ACCIDENT

GETWELL

DOCTOR

What can be done to reduce or eliminate this problem ?

THE VICIOUS CIRCLE

Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment

encompasses the social, mental and physical well-being of workers, that is the “whole person”

WHAT IS OSH

OSH IS A CROSS-DISCIPLINARY

Occupational safety and health may involve interaction among many cognate disciplines, including occupational medicine, occupational (or industrial) hygiene, public health, safety engineering, health physics, ergonomics, toxicology, epidemiology, industrial relations, public policy, sociology, and psychology

IN ITS BROADEST SENSE, IT SHOULD AIM AT

The promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations

the prevention among workers of adverse effects on health caused by their working conditions

the protection of workers in their employment from risks resulting from factors adverse to health

the placing and maintenance of workers in an occupational environment adapted to physical and mental needs

the adaptation of work to humans

SAFETY

Is the state of being "safe" (from French sauf), the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be considered non-desirable

this can take the form of being protected from the event or from exposure to something that causes health or economical losses

HEALTH

Is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity

WELFARE

Quality of life is the degree of well-being felt by an individual or group of people

it consists of two components: physical and psychological

the physical aspect includes such things as health, diet, and protection against pain and disease

the psychological aspect includes stress, worry, pleasure and other positive or negative emotional states

OCCUPATIONAL HYGIENE

Is the discipline of anticipating, recognising, evaluating and controlling health hazards in the working environment with the objective of protecting worker health and well-being and safeguarding the community at large

ERGONOMICS Is the scientific discipline concerned with designing according

to the human needs, and the profession that applies theory, principles, data and methods to design in order to optimize human well-being and overall system performance.

the field is also called human engineering, and human factors engineering

ergonomic research is primarily performed by ergonomists, who study human capabilities in relationship to their work demands

information derived from ergonomists contributes to the design and evaluation of tasks, jobs, products, environments and systems in order to make them compatible with the needs, abilities and limitations of people

SOURCES OF OSH LAW

Statutory Law (Undang-undang Berkanun)

Common Law

STATUTORY LAW

Consist of Acts and Regulations formulated by the Government breaching the law is a criminal offence monetary and prison sentence prosecution is only by Government Servants

(e.g. District Attorney) in Criminal Court

Act – Akta Regulations – Peraturan Order – Arahan Guidelines - Panduan

COMMON LAW

Resulted from the decisions of court and judges in a civil court

allows the injured worker to sue the party that is responsible causing the harm

the injured party could request a lawyer for law suit proceedings

if plaintiff wins, the settlement is through monetary fines

LAW OF TORT

Tort are civil offences:The legal effect of a wrongful act of one party causing harm to the person, property, reputation or economic interest of another

classification of Tort:Nuisance (Gangguan)Negligence (Kecuaian)Defamation (Fitnah)Trespassing (Pencerobohan)

THE LAW OF TORT & VICARIOUS LIABILITY

Tort of Negligence:

The duty owed by an employer to his employees is that he must take such care as is reasonable for the safety of his employees

Vicarious Liability:

Arises where an employee or an agent of the employer has acted negligently and caused injury to another employee

DUTY OF CARE (KEWAJIPAN MENGAMBIL BERAT)

“Employers are not excuse from the duty of care responsibility although he has assigned a competent person for the task or the job”

Wilsons and Clyde Coal Co vs English

EMPLOYER’S LIABILITY ON DUTY OF CARE

Injuries on:On all individual workersother workers due to wrong act or workers

negligence or agent performing the duty for the employer (vicarious liability)

“ the employer is not hold accountability if the workers act on their own such as playing around while at work”

Smith Vs Crossley Bros Ltd

ELEMENT TO DETERMINE NEGLIGENCE

• That there is a duty of care owed by one party to the other

• that there has been a breach of that duty

• that the breach of duty has resulted in damage

• the burden of proof in common law cases rests with the plaintiff – the injured party

HISTORICAL DEVELOPMENT OF OSH MANAGEMENT

OSH before and during the industrial revolution

development in OSH management between the 1930’s and 1970’s

development of self-regulation legislation modern OSH management

HISTORICAL DEVELOPMENT OF OSH MANAGEMENT In 1833 English Factory Acts was the first

effective industrial safety law it provide compensation for accidents rather than

to control their causes insurance companies inspected work places and

suggested prevention methods problem:

safety became injury and insurance oriented

Current development of Occupational Safety and Health management system was driven by two parallel forces:

A.self-regulatory legislation in the United Kingdom (1974),

B.quality management movement

HISTORICAL DEVELOPMENT OF OSH MANAGEMENT

Lord Robens, Chairman of a Royal Safety Commission Report noted that:there was too many OSH legislation,was fragmented,limited in coverage (specific hazards &

workplace),out of date and difficult to update,inflexible (prescriptive), people thought that safety was what

government inspectors enforced

HISTORICAL DEVELOPMENT OF OSH MANAGEMENT

Lord Robens recommendedself regulation

report resulted in the Health and Safety of Workers at Work Act in the UK in 1974

similar legislation was enacted in Australia in 1984

enacted in Malaysia in 1994 after the 1992 Bright Sparkler accident in Sungai Buloh

HISTORICAL DEVELOPMENT OF OSH MANAGEMENT

Features of “Robens style” legislation:general duties of care by:

employer, employee, self-employed person, manufacturer, designer, supplier

duty of employer to make the workplace safeconsultation with employees through

Safety CommitteesSafety Officer as advisor and coordinatorimprovement and prohibition notices

HISTORICAL DEVELOPMENT OF OSH MANAGEMENT

Legislation follow major accidents and reinforce need

for management system

ACCIDENT REGULATION/PROGRAMME Flixborough (1974), CIMAH regulationBhopal (1984) “Responsible Care”/Process safety, Piper Alpha (1988) Risk Assessment/ Management system

HISTORICAL DEVELOPMENT OF OSH MANAGEMENT

CATEGORIES OF THE LAW AT PRESENT

To control industrial activity or specific chemical substances: Mineral Enactment Atomic Energy Licensing Act 1984 Pesticides Act 1974 Petroleum Act (Safety Procedures) 1984 Electricity Supply Act 1990

FIRST CATEGORY

Basic and General Laws: Factories and Machinery Act 1967 Occupational Safety and Health Act

1994

CATEGORIES OF THE LAW AT PRESENT

SECOND CATEGORY

OSH LAW HISTORY IN MALAYSIA

The Selangor Boiler Enactment 1892 The Perak Boiler Enactment 1903 The Pahang Boiler Enactment 1908 The Negeri Sembilan Boiler Enactment 1908 Federal Machinery Enactment 1913 Machinery Ordinance 1953 Factory and Machinery Act 1967 Occupational Safety and Health Act 1994

PERIODICAL THEME IN SAFETY Boiler Safety before 1914 Machinery Safety 1914 - 1952 Industrial Safety 1953 - 1967 Safety and Hygiene in Industry 1970 - 1994 Occupational Safety and Health 1994

BOILER SAFETY BEFORE 1914

The Selangor Boiler Enactment 1892 The Perak Boiler Enactment 1903 The Pahang Boiler Enactment 1908 The N. Sembilan Boiler Enactment 1908

Scope of the enactment: Boiler safety and examination on boiler’s workers

MACHINERY SAFETY 1914 - 1952

Legislation scope:Examination/inspection of machine

internal combustion enginewater turbine machine assemble together

Registration and inspection of assembled machines

Federal Machinery Enactment 1913

INDUSTRIAL SAFETY 1953 - 1967

Legislative scope:Safety of boiler and machinery workers safety in industry where

machinery are used

Machinery Ordinance 1953

INDUSTRIAL SAFETY AND HYGIENE 1968 - 1994

Amend the machinery safety provisions improve weaknesses in Machinery Ordinance

1953

Approach:control of machinescontrol of internal environmentcontrol on human

Factory and Machinery Act 1967

BASIC TERMS & CONCEPTS

HazardRisk

DangerAccident

Near miss

The Golden Words

HAZARD, RISK, DANGERHAZARD: Anything that can cause harm (e.g. chemicals,

electricity, working from a ladder. etc)

RISK:

• Is the chance or probability of harm actually being done

DANGER:

• Is the relative exposure to hazard. A hazard may be present but there may be little danger because the control precaution be taken

TYPE OF MACHINERY HAZARDS

Cutting (Memotong) Shearing (Mericih) Stabbing and Puncturing

(Menusuk dan Menembus)

Impact (Hentaman) Entanglement (Membelit)

Friction and Abrasion (Mengeser dan melelas)

Crushing (Meremuk) Drawing In (Menarik ke

dalam) Ejection (Lentingan) Release of Potential

Energy (Membebaskan tenaga berpotensi)

ENFORCEMENT

Functions are:enforce the FMA 1967 & OSHA 1994 to motivate and promotion of safety review the laws and regulationsprovide advice and expertise the secretariat to the National Council for OSH

Dept. of Occupational Safety and Health (DOSH), PUTRA JAYA

41

CARTA ORGANISASI JKKP IBU PEJABAT

KETUA PENGARAH

BAHAGIAN PENGURUSAN & KHIDMAT SOKONGAN

BAHAGIAN MAJOR HAZARDS

BAHAGIAN KESELAMATAN INDUSTRI

BAHAGIAN KESIHATAN INDUSTRI

BAHAGIAN PENYELARASAN & PERANCANGAN

PEJABAT-PEJABAT NEGERI

KEDAH/PERLIS W.P. KUALA LUMPUR PAHANGPULAU PINANG N. SEMBILAN TERENGGANUPERAK MELAKA KELANTAN SELANGOR JOHOR SARAWAK

SABAH / W.P. LABUAN

TIM. K. PENGARAH

SERVICE PROVIDER

National Institute of Occupational Safety and Health (NIOSH), BANGI

Functions are:

o provide trainings in OSH disciplines

o research in OSH

DISCUSSION:

Elaborate the importance of OSH management in an organization.

Explain the benefits of OSH in an organization.