CHAPTER 4 The OSH Act Standards and Liability

CHAPTER 4 The OSH Act, Standards, and Liability 1

CONTENTS 1. How to manage Occupational Safety and Health 2. OSH Act 3. Obligation of employers 4. Responsibilities of employees 5. Rights of employees 6. Safety and health committee 7. Safety and health officer 8. OSHA standards vs regulations 9. Standards and Codes

What’s wrong with this picture? 3

How to manage Occupational Safety and Health at the work place? Requires the commitment of the manager to complete 3 steps: 1. The workplace must have a Policy Statement on Occupational Safety and Health; 2. Planning (including the implementation of HIRARC, training, instructions and auditing) on Occupational Safety and Health. 3. To take remedial action for any improvement to be made. 4

Policy statement required for safety and health • The Occupational Safety and Health policy is a written statement briefly stating the following commitment: – The employer will provide safety, health and welfare for the employee during the working hours by implementing the relevant regulations and work procedures; and – The employee will comply with the regulations and work procedures so as to ensure their own safety. – The policy statement will be displayed in strategic places that will be visible to the employee. 5

Managing OSH at workplace • The employer can start by: • 1 st - Identifying the hazards at the workplaces/processes. • 2 nd - Evaluate the risks for every activity being carried out. • 3 rd- Action to control the said risks. This process is called HIRARC. 6

HIRARC HAZARD RISK IDENTIFICATION ASSESSMENT RISK CONTROL 7

OSH Act? • OSH Act 1994 (Malaysia) Part I - Preliminary Short title • Act applies throughout Malaysia to the industries. • Nothing in this Act shall apply to work on board ships governed by the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah or Sarawak or the armed forces. 8

OSH Act Background • Gazetted on February 24, 1994. • The legislation requires all employers with more than five employees to formulate a written Safety and Health Policy of their workplaces. • The Act sets out the responsibilities of the employers and employees in maintaining a safe and healthy working environment. • 9

OSH Act Background • The two main OSH Acts 1. Factories and Machinery Act 1967 (Act 139) 3. Occupational Safety and Health Act 1994 (Act 514) 10

Objective Of The OSH Act • to make further provisions for securing that safety, health and welfare of persons at work, for protecting others against risks to safety or health in connection with the activities of persons at work, to establish the National Council for Occupational Safety and Health, and for matters connected with it. 11

Who involved under Occupational Safety and Health Act 1994 (Act 514). ? Everyone who "work" in • Manufacturing Sector: • Wholesale and Retail • Mining and Quarrying; Trades; • Hotel and Restaurant; • Construction; • Finance, • Agriculture, • Insurance, • Forestry and Fishing; • Real Estate and Business • Utilities; Service Sector; • Storage and Comm. • Public Services 12

Rationale for the OSHAct Source: JKKP, 2008 Date Case Location 1 17 Dec 2007 Struck by flying rock Quarry, Perak 2 04 Dec 2007 Struck by wall formwork Construction site, Penang 3 20 Nov 2007 Suffocate in confined space Sewage plant, Johor 4 13 Nov 2007 Jacket torn during leakage test Factory, Selangor 5 21 Oct 2007 Caught between roller and conveyor belt Factory, Pahang 6 15 Oct 2007 Fall from lorry Plantation, Pahang 7 10 Oct 2007 Crushed to death by excavator Logging site, Sarawak 8 24 Sep 2007 Struck by pile Construction site, Sarawak 9 07 Sep 2007 Struck by log Factory, Sarawak 10 01 Sep 2007 Leg severed in infeed screw conveyor Factory, Sarawak 11 20 Aug 2007 Fall from scaffolding Construction site, Negeri Sembilan 12 09 Aug 2007 Fall while installing `Nitrogen Stabilaz Regulator’ Factory, Johor 13 07 Aug 2007 Burns and fall while putting out fire Factory, Penang 13

Date Case Location 14 30 Jul 2007 Caught between roller and belt conveyor Factory, Perlis 15 19 Jul 2007 Transformer room explosion Construction site, Johor 16 08 Jul 2007 Caught in crusher Factory, Negeri Sembilan 17 12 Jun 2007 Struck by tree Forest, Pahang 18 01 Jun 2007 Fall into mixer tank Factory, Perak 19 01 Jun 2007 Terjatuh dari tingkat 1 Construction site, Selangor 20 03 May 2007 Caught between bulldozer tyres Workshop, Negeri Sembilan 21 29 Apr 2007 Burnt to death Factory, Selangor 22 25 Apr 2007 Worker caught between objects Factory, Sarawak 23 24 Apr 2007 Fall into pit Factory, Penang 24 20 Apr 2007 Run over by motorgrader Road, Negeri Sembilan 25 19 Apr 2007 Three killed while carrying out painting work Factory, Sabah 26 18 Apr 2007 Overturned skylift Road, Penang 27 14 Apr 2007 Fall from 6 th floor Construction site, Selangor 28 04 Apr 2007 Overturning of excavator into mine Construction site, Pahang 29 02 Apr 2007 Fall from height Construction site, Selangor 30 02 Apr 2007 Pinned down by earth moving machine Plantation, Sarawak 14

31 28 Mar 2007 Fall of worker from platform of scaffolding Factory, Melaka 32 26 Mar 2007 Pembantu Keselamatan Bank Terjatuh Bank, Penang 33 23 Mar 2007 Pinned down by mini tractor Plantation, Johor 34 21 Mar 2007 Struck by rocks Quarry, Perak 35 16 Mar 2007 Plantation accident Plantation, Johor 36 15 Mar 2007 37 12 Mar 2007 Fall from 7 th to 2 nd floor Construction site, Kuala Lumpur 38 10 Mar 2007 Struck by timber Factory, Sabah 39 07 Mar 2007 Fall from 9 th to 4 th floor Construction site, Kuala Lumpur 40 06 Mar 2007 Fall from 16 th floor Construction site, Selangor 41 06 Mar 2007 Fall from 4 th to 1 st floor Construction site, Kuala Lumpur 42 27 Feb 2007 Struck by container Factory, Sarawak 43 27 Feb 2007 Fall from roof 44 31 Jan 2007 Fall from 23 rd floor 45 21 Jan 2007 Fall to the first floor Caught between cantilever bridge and door of steriliser Factory, Johor Construction site, Negeri Sembilan Construction site, Kuala Lumpur Construction site, Penang 15

48 11 Jan 2007 Dihempap oleh 'Excavator' Ladang, Sabah 49 11 Jan 2007 Scaffolding collapse Construction site, Kuala Lumpur 50 09 Jan 2007 Tersepit pada mesin 'Die Cut' No content 51 08 Jan 2007 Struck by bulldozer Oil palm plantation, Johor 52 02 Jan 2007 Struck by brick wall Construction site, Johor 16

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Rationale for the OSHAct The most debilitating experience one can have on the job is to be involved in, or exposed to, a work related accident or illness. Effects: -Psychologically stressful for the victim’s fellow workers -Extraordinarily expensive for the victim’s employer Congress passed the OSH Act with the following stated purpose: “…to assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources” Occupational Safety and Health Act (OSHAct), 1970. 20

Rationale of OSH Act • Uniform law was needed to help reduce the incidence of work-related injuries, illnesses, and deaths and the OSH Act 1970 addressed this need. 21

Obligations of the employers towards the employees • The employer is obligated to protect the employees in relation to safety, health and welfare through the following procedures: 1. To provide and maintain a safe plant and working system; 2. To put in place procedures so as to ensure safety and health in the usage, handling, storage and transportation of the plant and supplies; 3. To provide information, instruction, training and supervision for new and old employees; 4. To provide and maintain a working environment that is safe and free from health hazards; and 5. To provide the necessary amenities for the welfare of those who are working. 22

responsibility of the employees at the workplace • Every employee has the responsibility to : 1. Be reasonably attentive so as to avoid injury onto themselves as well as others while carrying out their work activities; and 2. Co-operate with the employer and others so as to fulfill the provision of the law. 23

Right of employees! The employees can expect to be protected from discrimination, injury or re-designated by the employer in cases if : 1. He/She make a report about the unsafe conditions or work practices in the workplace; 2. He/She become a member of the safety and health committee; and 3. He/She carry out his/her duties as a member of the safety and health committee. 24

Ideal time to form the Safety and Health Committee at the workplace • The employer should form the Safety and Health Committee at the workplace when there are 40 or more employees in the workplace or • when instructed by the Director General of DOSH. 25

Functions of the Safety and Health Committee • The functions of the Safety and Health Committee at the workplace are : – To review the safety and health procedures at the workplace; – To investigate any complaints or other related matters that are raised; and – To hold regular discussions with the employer on issues relating to safety and health at the workplace. 26

Safety n Health Officer • An employer who is classified under the Safety and Health Act 1994 must employ a competent person to act as a Safety and Health Officer. • The Safety and Health Officer is to ensure that the Safety and Health Act 1994 is complied with and also instrumental in promoting a safe and healthy working environment. 27

Employer must notify the nearest DOSH office by the quickest means available using telephone, fax, JKKP 6 or JKKP 7 in the unfortunate event of any accident, hazardous incident, industrial poisoning or illness that has happened or may happen at the workplace. 28

Penalty! Employer who fail to ensure safety, health and welfare of employees at the workplace shall be guilty of an offence and shall on conviction will be liable to a fine not exceeding RM 50, 000 or to imprisonment not exceeding two years or to both. 29

OSHA Standards vs. OSHA Regulations -OSHA issues both standards and regulations OSHA standards address specific hazards such as working in confined spaces, handling hazardous waste, or working with dangerous chemicals. Regulations are more generic in some cases than standards and more specific in others. 30

Confined Space Standard Confined space is a term from labor-safety regulations that refers to an area whose enclosed conditions and limited access make it dangerous. Confined spaces such as: -manholes -storage tanks -underground vaults -pipelines -vats -exhaust ducts -boilers -degreasers 31

Confined Space Standard -Develop in response to the approximately 300 work-related deaths that occur in confined spaces each year. -Applies to a broad cross section of industries that have employees working in spaces with the following characteristics: -limited openings for entry or exit -poor natural ventilation -design not intended to accommodate continuous human occupancy Confined spaces such as: -manholes -storage tanks -underground vaults -pipelines -vats -exhaust ducts -boilers -degreasers 32

Confined Space Standard -The key component in the standard is the permit requirement. -Employers are required to develop an in-house program under which employees must have a permit to enter confined spaces. -Employers must do the following -Identify spaces that can be entered only by permit -Restrict access to identified spaces to ensure that only authorized personnel may enter -Control hazards in the identified spaces through engineering, revised work practices, and other methods. -Continually monitor the identified spaces to ensure that any known hazards remain under control 33

DOSH Legislations: • Act – A product, such as a statute, decree, or enactment, resulting from a decision by a legislative or judicial body • Regulations –a law, rule, or other order prescribed by authority • Order – A direction or command delivered by a court or other adjudicative body and entered into the record but not necessarily included in the final judgment or verdict. • Codes of Practice – set of written rules which explains how people working in a particular profession should behave • Guidelines –A statement or other indication of policy or procedure by which to determine a course of action 34

DOSH Acts Being Enforced By DOSH 1. Factories And Machinery Act 1967 (Act 139) 2. Occupational Safety And Health Act 1994 (Act 514) 3. Petroleum Act (Safety Measures) 1984 (Act 302) 35

Eg Regulations : • • • • Factories and Machinery (Steam Boiler And Unfired Pressure Vessel) Regulations, 1970 Factories and Machinery (Electric Passenger And Goods Lift) Regulations, 1970 Factories and Machinery (Fencing Of Machinery And Safety) Regulations, 1970 Factories and Machinery (Person-In-Charge) Regulations, 1970 Factories and Machinery (Safety, Health And Welfare) Regulations, 1970 Factories and Machinery (Administration) Regulations, 1970 Factories and Machinery (Certificates Of Competency-Examinations) Regulations, 1970 Factories and Machinery (Notification, Certificate of Fitness And Inspections) Regulations, 1970 Factories and Machinery (Compounding Of Offences) Rules, 1978 Factories and Machinery (Compoundable Offences) Regulations, 1978 Factories and Machinery (Lead) Regulations, 1984 Factories and Machinery (Asbestos Process) Regulations, 1986 Factories and Machinery (Building Operations And Works Of Engineering Construction) (Safety) Regulations, 1986 Factories and Machinery (Noise Exposure) Regulations, 1989 Factories and Machinery (Mineral Dust) Regulations, 1989 Factories and Machinery (Notification, Certificate of Fitness and Inspection) (Amendment) Regulations, 2004 Factories and Machinery (Steam Boiler and Unfired Pressure Vessel ) (Amendment) Regulations, 2005 36

Eg: Orders • Occupational Safety and Health (Safety and Health Officer) Order 1997 • Occupational Safety and Health (Prohibition of Use of Substance) Order 1999 37

Eg: Codes • Code Of Practice On Indoor Air Quality • Code Of Practice For Safe Working In A Confined Space • Code Of Practice On Prevention And Management Of HIV/AIDS At The Work Place • Code Of Practice On Preventing And Responding To Drug And Alcohol Problems At Workplace 38

Eg: Guidelines 39

The list of regulations under this Act are: 1. Occupational Safety and Health (Employers' Safety and Health General Policy Statements)(Exception) Regulations 1995 2. Occupational Safety and Health (Control of Industry Major Accident Hazards) Regulations 1996 3. Occupational Safety and Health (Safety and Health Committee) Regulations 1996 4. Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997 5. Occupational Safety and Heath (Safety and Health Officer) Regulations 1997 6. Occupational Safety and Health (Prohibition of Use of Substance) 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 40

OSHA’s General Industry Standards -The most widely applicable OSHA standards -These standards are found in 29 CFR 1910. -Part 1910 consists of 21 subparts, each carrying an uppercase-letter designation. -Subpart A and B contain no compliance requirement 41

OSHA’s General Industry Standards SUBPART C: General Safety and Health Provisions -Access to employee Exposure and Medical Records -Employers that are required to keep medical and exposure records must do the following: i)maintain the records for the duration of employment plus 30 years ii)give employees access to their individual personal records 42

OSHA’s General Industry Standards SUBPART D: Walking-Working Surfaces -Contains the standards for all surfaces on which employees walk or work. 1910. 21 1910. 22 1910. 23 1910. 24 Definitions General requirements Guarding floor and wall openings and holes Fixed industrial stairs 43

OSHA’s General Industry Standards SUBPART E: Means of Egress -Requires employers to ensure that employees have a safe, accessible, and efficient means of escaping a building under emergency circumstances. 1910. 35 1910. 36 1910. 37 1910. 38 1910. 39 Definitions General requirements Maintenance safeguards and operational features for exit routes Emergency action plan Fire protection plan 44

OSHA’s General Industry Standards SUBPART F: Powered Platforms -Applies to powered platforms, mechanical lifts, and vehicle-mounted work platforms. -Apply only employers who use this type of equipment in facility maintenance operations. 1910. 66 1910. 67 1910. 68 Powered-platform for building maintenance Vehicle-mounted elevating and rotating work platforms Manlifts 45

OSHA’s General Industry Standards SUBPART G: Health and Environment Controls -The most widely applicable standard in Subpart G is: 1910. 95 Occupational noise exposure 46

OSHA’s General Industry Standards SUBPART H: Hazardous Materials -Contains four of the most widely applicable standards: 1910. 106 1910. 107 1910. 119 1910. 120 Flammable and combustible liquids Spray finishing using flammable and combustible materials Process safety management of highly hazardous chemical Hazardous waste operations and emergency response 47

OSHA’s General Industry Standards SUBPART I: Personal Protective Equipment -Contains three of the most widely applicable standards 1910. 132 1910. 133 1910. 134 General requirements Eye and face protection Respiratory protection 48

OSHA’s General Industry Standards SUBPART J : General Environment Controls -Contains standards that are widely applicable because they pertain to general housekeeping requirements 1910. 146 1910. 147 Permit-required *confined space Control of hazardous energy (lockout/tagout) *A confined space is one that meets any or all of the following criteria: -Large enough and so configured that a person can enter it and perform assigned work tasks therein -Continuous employee occupancy is not intended 49

OSHA’s General Industry Standards SUBPART K: Medical and First Aid -The most important section of which pertains to eyeflushing. -If employees are exposed to injurious corrosive materials, equipment must be provided for quickly flushing the eyes and showering the body. -Requires medical personnel to be readily available 1910. 151 Medical seminars and first aid 50

OSHA’s General Industry Standards SUBPART L: Fire Protection -Contains the bulk of OSHA’s fire protection standard. -These standards detail the employer’s responsibilities concerning fire brigades, portable fire-suppression equipment, fixed fire-suppression equipment, and fire alarm systems. Fire protection 1910. 155 Scope, application, and definitions applicable to this subpart 51

OSHA’s General Industry Standards SUBPART L: Fire Protection Portable Fire-Suppression Equipment 1910. 157 Portable fire extinguishers Fixed-Fire Suppression Equipment 1910. 159 Automatic Sprinkler systems Other Fire Protection Systems 1910. 164 Fire detection systems 52

OSHA’s General Industry Standards SUBPART M: Compressed Gas/Air -Contains only one standard. -Applies to compressed-air equipment that is used in drilling, cleaning, chipping, and hoisting. 1910. 169 Air receivers 53

OSHA’s General Industry Standards SUBPART N: Materials Handling and Storage -Applies only to the handling and storage of materials, changing rim wheels on large vehicles, and the proper use of specific equipment identified in the standards’ titles. 1910. 176 1910. 177 Handling materials-general Servicing multi-piece and singlepiece rim wheels 54

OSHA’s General Industry Standards SUBPART O : Machinery and Machine Guarding -Contains standards relating to specific types of machines. 1910. 211 1910. 212 1910. 213 Definitions General requirements for all machines Woodworking machinery requirements 55

OSHA’s General Industry Standards SUBPART P: Welding, Cutting and Brazing -Contains the standards relating to these processes in all their various forms. -The primary safety and health concerns are fire protection, employee personal protection, and ventilation. 1910. 251 1910. 253 1910. 254 1910. 255 Definitions Oxygen-fuel gas welding and cutting Arc welding and cutting Resistance welding 56

OSHA’s General Industry Standards SUBPART Q: Hand Tools/Portable Power Tools -Contains standards relating to the use of hand tools, portable power tools, and compressed-air-powered tools. 1910. 241 1910. 242 1910. 243 Definitions Hand portable-powered tools and equipment Guarding of portable tools and equipment 57

OSHA’s General Industry Standards SUBPART R: Special Industries -Subpart R deals with specific industries. Each separate standard relates to a different category of industry. 1910. 261 1910. 262 1910. 263 1910. 264 1910. 265 1910. 266 1910. 268 1910. 272 Pulp, paper, and paperboard mills Textiles Bakery equipment Laundry machinery and operations Sawmills Pulpwood logging Telecommunications Grain handling facilities 58

OSHA’s General Industry Standards SUBPART S: Electrical -This subpart contains standards divided into two categories: (1)design of electrical systems (2)safety related work practices 1910. 302 1910. 305 Electric utilization systems Wiring methods, components, and equipment for general use. 59

OSHA’s General Industry Standards SUBPART T: Commercial Diving Operations -This subpart applies only to commercial diving enterprises. -The standards contained in Subpart T are divided into six categories: (1) general (2) personnel requirements (3) general operations and procedures (4) specific operations and procedures (5) equipment procedures and requirements (6) record keeping 1910. 410 1910. 422 Qualification of dive teams Procedures during dive 60

OSHA’s General Industry Standards SUBPART Z: Toxic and Hazardous Substances -Standard that establish permissible exposure limits (PELs) for selected toxic and hazardous substances. 1910. 1000 1910. 1450 Air contaminants Occupational exposure to hazardous chemicals in laboratories 61

Standards and Codes STANDARD An operational principle, criterion, or requirement– or a combination of these. CODE Set of standards, rules, or regulations relating to a specific area. 62

Standards and Codes -Standards and codes play an important role in modern safety and health management and engineering. -Written standards and codes that employees carefully follow can also decrease company’s exposure to costly litigation. -Numerous organizations develop standards for different industries. These organizations can be categorized as follow: §Government §Professional organizations §Technical/Trade associations 63

Thank You 64