OCCUPATIONAL SAFETY AND HEALTH BWU 10302 Chapter 1

OCCUPATIONAL SAFETY AND HEALTH (BWU 10302) Chapter 1: HEALTH, SAFETY AND ENVIRONMENTAL MANAGEMENT Presented by: Dr. Mohd Nasrull bin Abdol Rahman Universiti Tun Hussein Onn Malaysia (UTHM)

Sub topics 1. 1 Introduction to Occupational Safety and Health (OSH) 1. 2 Occupational Safety and Health Act (OSHA) 1994 1. 3 Factories and Machinery Act (FMA) 1967 1. 4 Occupational Health, Safety and Environment Management System

1. 1 Introduction to Occupational Safety and Health (OSH) • Safety is the state of being "safe", 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 nondesirable. • Health can be defines as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity".

1. 1 Introduction to Occupational Safety and Health (OSH) • It is very important for the employers to manage occupational safety and health (OSH) at their workplaces because a lack of management control often leads to the existence of causes of accidents and allows for the unsafe practices among the workers. • Managing OSH at workplaces is vital as accidents have direct and indirect costs on the organizations. • Direct costs include lost of time, damage to work equipment and premises, lost of productivity and costs of replacement goods and services.

1. 1 Introduction to Occupational Safety and Health (OSH) • Indirect costs may include costs of replacement for injured workers and costs arising from loss of commitment and motivation of workers involved in the accidents. • If a safe and conducive environment is created by implementing safety and health at work, there will be an indirect cost saving as the workers efficiency and productivity will be enhanced under such favorable environment [1].

1. 1 Introduction to Occupational Safety and Health (OSH) • As far as the legislation that regulates activities in the Malaysian industry is concerned, the Occupational Safety and Health Act 1994 (OSHA) and Factories and Machinery Act 1967 (FMA) are the primary legislation that govern safety and health of all employees in the industry [1]. • The structure of legistration is as follow [1]: - Act (Duties of care, Committees, SHO, DOSH Officers, Improvement and Prohibition Notices) - Regulation (To detail specific requirements) - Code of practice (Guidance in complying with the Act, Evidence that legal requirements contravened)

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 [2] • A piece of Malaysian legislation which was gazette on the 25 th February 1994 by the Malaysian Parliament. • An Act to make further provision – 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 therewith. • Scope: Person at work in all economic activities including public and statutory authorities, except on board ships or the Armed Forces. • Divided into 15 parts and 67 Sections [2].

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Part 1: Preliminary Section 1. Short title and application. Section 2. Prevailing laws. Section 3. Interpretation. Section 4. Objects of the Act. PART 2: Appointment of officers Section 5. Appointment of officers. Section 6. Appointment of independent inspecting body. Section 7. Certificate of authorization. PART 3: National Council for Occupational Safety and Health Section 8. Establishment of the Council. Section 9. Membership of the Council. Section 10. Second Schedule to apply. Section 11. Powers and functions of the Council. Section 12. Appointment of secretary to the Council. Section 13. Committees. Section 14. Annual report.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Part 4: General Duties of Employers and Self-Employed Persons Section 15. General duties of employers and self-employed persons to their employees. Section 16. Duty to formulate safety and health policy. Section 17. General duties of employers and self-employed persons to persons other than their employees. Section 18. Duties of an occupier of a place of work to persons other than his employees. Section 19. Penalty for an offence under section 15, 16, 17 or 18. PART 5: General Duties of Designers, Manufacturers and Suppliers Section 20. General duties of manufacturers, etc. , as regards plant for use at work. Section 21. General duties of manufacturers, etc. , as regards substances for use at work. Section 22. Explanations to sections 20 and 21. Section 23. Penalty for an offence under section 20 or 21.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 PART 6: General Duties of Employees Section 24. General duties of employees at work. Section 25. Duty not to interfere with or misuse things provided pursuant to certain provisions. Section 26. Duty not to charge employees for things done or provided. Section 27. Discrimination against employee, etc. PART 7: Safety and Health Organizations Section 28. Medical surveillance. Section 29. Safety and health officer. Section 30. Establishment of safety and health committee at place of work. Section 31. Functions of safety and health committee. PART 8: Notification of Accidents, Dangerous Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry Section 32. Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases, and inquiry. Section 33. Director General may direct inquiry to be held. Section 34. Power of occupational safety and health officer at inquiry.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 PART 9: Prohibition against Use of Plant or Substance Section 35. Power to prohibit the use of plant or substance. Section 36. Aggrieved person may appeal. PART 10 - INDUSTRY CODES OF PRACTICE Section 37. Approval of industry codes of practice. Section 38. Use of industry codes of practice in proceedings. PART 11 - ENFORCEMENT AND INVESTIGATION Section 39. Powers of entry, inspection, examination, seizure, etc. Section 40. Entry into premises with search warrant and power of seizure. Section 41. Entry into premises without search warrant and power of seizure. Section 42. Power of forceful entry and service on occupier of signed copy of list of things seized from premises. Section 43. Further provisions in relation to inspection. Section 44. Power of investigation. Section 45. Power to examine witnesses. Section 46. Employer, etc. , to assist officer. Section 47. Offences in relation to inspection. Section 48. Improvement notice and prohibition notice. Section 49. Penalty for failure to comply with notice. Section 50. Aggrieved person may appeal.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 PART 12 - LIABILITY FOR OFFENCES Section 51. General penalty. Section 52. Offences committed by body corporate. Section 53. Offences committed by trade union. Section 54. Offences committed by agent. Section 55. Defense. Section 56. Body corporate or trade union liable to fine. Section 57. Aiding and abetting. Section 58. Safeguards against further personal liability. Section 59. Civil liability not affected by Parts IV, V and VI. Section 60. Onus of proving limits of what is practicable. Section 61. Prosecutions. Section 62. Compounding of offences. PART 13 - APPEALS Section 63. Appeal committees. Section 64. Powers of appeal committee. Section 65. Decision of appeal committee. PART 14 - REGULATIONS Section 66. Regulations. PART 15 - MISCELLANEOUS Section 67. Duty to keep secret.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Objectives of Acts: • To secure the safety, health and welfare of persons at work • To protect person (other than person at work) at a place of work against hazard • To promote the occupational environment adaptable to the person’s physiological and psychological needs • To provide the means towards a legislative system based on regulations and industry codes of practice in combination with the provisions of the Act.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Philosophy and guiding principles: • Responsibilities to ensure safety and health at the workplace lies with those who create the risk and with those who work with the risk (Self-regulation, Consultation, Workers cooperation and participation)

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 General duties of employers and self-employed persons: • provide and maintain plant and system of work • make arrangements for the safe use, operation, handling, storage and transportation of substances and plant • provide information, instruction, training and supervision • provide and maintain place of work and means of access to and egress from any place of work • provide and maintain working environment that is safe and without health risk and adequate welfare facilities.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Other duties of employers, self-employed and occupiers: • Formulate written statement of his policy on OSH. • Conduct undertaking in such manner not to affect other persons not his employees • Provide information to other persons on ways his undertaking may affect them.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 General duties of designers, manufacturers and suppliers (plant and substance): • to ensure plant/substance is designed and constructed to be safe and without risk to health when properly used • arrange for carrying out testing and examination • adequate information • arrange for research to eliminate or minimize hazards • safe erection and installation.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 General duties of employees: • Reasonable care for safety and health of himself and others • Co-operate with employer and others • Wear and use PPE • Comply with instruction on OSH.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Interfere, charge and discriminate: • not to interfere or misuse with anything provided for the interest of safety and health • employer not to levy charge on employees • employer / trade union not to discriminate (dismiss, injure or alter position).

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 • An employer employing 40 or more persons must establish a Safety and Health Committee at the workplace. • A safety and health committee shall consist of : (a) a chairman (employer or his authorized manager) (b) a secretary (c) representatives of employer (management) (d) representative of employees (workers)

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 CHAIRMAN SECRETARY MANAGEMENT REPRESENTATIVES WORKERS REPRESENTATIVES

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Ü Chairman : Employer or his authorised manager Ü Secretary : Safety & Health Officer Ü Management Representatives: Manager/Director/Supervisors Ü Workers Representatives: From section or process

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Appointment Chairman § Employer or Authorized Manager shall be chairman. Secretary § Person employed as Safety & Health Officer § If no SHO, chairman may appoint another person § or SHC may appoint by ballots from members.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Appointment Management Representatives : § Appointed by Employer § Min 2 persons ( < 100 employees ) § Min 4 persons ( > 100 employees ) Workers Representatives : § § Selected by workers Appointed by employer Min 2 persons ( < 100 employees ) Min 4 persons ( > 100 employees )

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Appointment Employees Representatives Nominated from employees If number exceeded the vacancies…. ballot If no representatives, employer shall appoint Shall represent various section of work place Any vacancy shall be replaced in the same manner as the previous member. § Do not penalise workers who absent due to their duties as SHC members § § § SAFETY & HEALTH COMMITTEE

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Removal of Committee member Ü Fail to attend 3 consecutive meetings Ü Unsound mind Ü Bankrupt Ü No longer employed (employee rep) Ü Convicted on a charge of: § Fraud, dishonesty or moral turpitude § offence under law relating to OSH § Other criminal offence Ü Incapable to carry duty as member

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 The Safety and Health and Committee should be established for the following purposes: • To increase and maintain the interest of employees in health and safety issues. • To convince managers, supervisors and employees through awareness and training activities that they are primarily responsible for the prevention of workplace accidents. • To help make health and safety activities an integral part of the organization's operating procedures, culture and programs.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 The Health and Safety Committee should be established for the following purposes (cont): • To provide an opportunity for the free discussion of health and safety problems and possible solutions. • To inform and educate employees and supervisors about health and safety issues, new standards, research findings, etc. • To help reduce the risk of workplace injuries and illnesses. • To help insure compliance with federal and state health and safety standards

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 þ Assist in development of rules and systems þ Assist in development and review of safety & health programmes þ Perform analysis of incident trends and statistics þ Review and recommend amendments to safety & health policies.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 þ Perform inspections at work place and recommend preventive and corrective measures þ Perform immediate investigation of accidents, near-miss accident, dangerous occurrence, occupational poisoning or occupational diseases occurred at workplace.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 • Investigates complaints of unsafe or unhealthy practices and report to employer with recommendations for corrective actions. • Assists in the development of promotional and education programmes • Discusses reports and matters from the safety officer, enforcement officer, etc • Advises the employer on safety and health matters

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Reporting of accidents, dangerous occurrences, occupational poisoning and diseases: • Employer to report to the nearest OSH officers of accidents, dangerous occurrence, occupational poisoning and diseases • Medical officers to report on scheduled diseases in FMA.

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Enforcement and investigation: • Director General of OSH • OSH officers • Certificate of authorization • Power of DOSH Officer (Enter and inspect any place of work; Enter with equipment and authorized persons; Take photos, measurements and samples; Require medical examinations if risk of prescribed disease; Question any person if necessary)

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Enforcement and investigation (Cont. ): • All persons must assist the officer with entry, inspection, examination and enquiry. • Contravention can lead to prosecution and / or issue of either an : IMPROVEMENT NOTICES or PROHIBITION NOTICES

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Table 1. 1: OSHA liabilities Offence Penalty Duty of employers and self employed Maximum RM 50, 000 or 2 years imprisonment Duty of occupier to non employees Maximum RM 50, 000 and/or 2 years imprisonment Duty of designer / manufacturers Maximum RM 20, 000 and/or 2 years imprisonment Failure to comply to notice Maximum RM 50, 000; daily fine of RM 500; or 5 years imprisonment Duty of employee (general) Maximum RM 1, 000 and/or 3 months imprisonment Duty of employee (interference/misuse) Maximum RM 20, 000 and/or 2 years imprisonment Discrimination towards workers and Maximum RM 10, 000 or 1 year imprisonment others

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Table 1. 1: OSHA liabilities (Cont. ) Offence Penalty Related to inspection Maximum RM 10, 000 or 1 year imprisonment Medical surveillance regulation Maximum RM 5, 000 and/or 6 months imprisonment Duty of occupier to employ SHO Maximum RM 5, 000 or 6 months imprisonment Duty of employer to create/consult Maximum RM 5, 000 and/or 6 months SHC imprisonment Disclosure of business secret Maximum RM 20, 000 and/or 2 years imprisonment Failure to comply with any other part Maximum RM 10, 000; RM 1, 000 day after of the Act or any of the regulation conviction; and/or 1 year imprisonment

1. 2 Occupational Safety and Health Act (OSHA) 1994 – Act 514 Regulations Under Occupational Safety and Health Act 1994 (Act 514) [3]: 1. Occupational Safety and Health (Classification, Labeling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 2. Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 3. Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 4. Occupational Safety and Health (Safety and Health Officer) Regulations 1997 5. Occupational Safety and Health (Classification, Packaging and Labeling of Hazardous' Chemicals) Regulations 1997 (Revoked) 6. Occupational Safety and Health (Safety and Health Committee) Regulations 1996 7. Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 8. Occupational Safety and Health (Employers' Safety and Health General Policy Statements) (Exception) Regulations 1995

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 [4] • An Act to protect the safety, health and welfare of the people inside factories as well as registration and inspection of machinery and related items. • First enacted in 1967 (Act No. 64 of 1967) and revised in 1974 (Act 139). • Divided into 6 parts, 59 sections and 3 schedules [4]. –

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 –

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 –

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 –

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 –

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 The three (3) schedules are as follows: • FIRST SCHEDULE: Dangerous Occurrence • SECOND SCHEDULE: Serious Bodily Injury • THIRD SCHEDULE: Notifiable Industrial Diseases –

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 Regulations Under Factories and Machinery Act 1967 (Act 139) [5]: 1. Factories and Machinery (Special Scheme of Inspection) (Risk. Based Inspection) Regulations 2014 2. Factories and Machinery (Mineral Dust) Regulations, 1989 3. Factories and Machinery (Noise Exposure) Regulations, 1989 4. Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations, 1986 5. Factories and Machinery (Asbestos) Regulations, 1986 6. Factories and Machinery (Leads) Regulations, 1984 7. Factories and Machinery (Compoundable Offences) Regulations, 1978 8. Factories and Machinery (Compounding of Offences) Rules, 1978 –

1. 3 Factories and Machinery Act (FMA) 1967 Act 139 – Regulations Under Factories and Machinery Act 1967 (Act 139) [5]: 9. Factories and Machinery (Notification of Fitness and Inspections) Regulations 10. Factories and Machinery (Certificates of Competency Examinations) Regulations, 1970 11. Factories and Machinery (Administration) Regulations, 1970 12. Factories and Machinery (Electric Passenger and Goods Lift) Regulations, 1970 13. Factories and Machinery (Fencing of Machinery and Safety) Regulations, 1970 14. Factories and Machinery (Person in Charge) Regulations, 1970 15. Factories and Machinery (Safety, Health and Welfare) Regulations, 1970 16. Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) Regulations, 1970

1. 4 Occupational Health, Safety and Environment Management System There are three sub-topics under this section: 1. 4. 1 Overview of Management System (MS) 1. 4. 2 Occupational Health and Safety Management System (OHS MS) 1. 4. 3 Environmental Management System (EMS)

1. 4. 1 Overview of Management system • According to Hellriegel et. al. [8], “management’ is about planning, organizing, leading, and controlling the people working in an organization and the on-going set of tasks and activities they perform. • Kast and Rosenzweig [9] define a system as “an organized, unitary whole composed of two or more interdependent parts, components, or subsystems and delineated by identifiable boundaries from its environmental system”.

1. 4. 1 Overview of Management system • A system can also be defined as “a complex whole the functioning of which depends on its parts and the interactions between those parts” [10]. • A “system” is a unified whole of interdependent processes, that function harmoniously, using various resources, to achieve an objective. The objective of the system defines and drives it. Processes within the system transform input into output [11].

1. 4. 1 Overview of Management system • The interrelationships among objectives, processes and resources can be explained using a simple graphical model of a system [12], as illustrated in Figure 1. 1: A simple graphical model of a system [12]

1. 4. 1 Overview of Management system • Several management systems that are parts of the business system (see Figure 1. 2). This section only discussed about the OHS MS and EMS. Figure 1. 2: Several management systems that are parts of the business system [13]

1. 4. 1 Overview of Management system • In the era of globalization, complying with management systems is vital for the companies to gain competitiveness and enter the free trade markets. • Normally, the management systems are operated independently by different departments in the same company.

1. 4. 1 Overview of Management system • The certification of the management system standards such as – ISO 9000, QS 9000 and ISO/TS 16949 for Quality Management System (QMS), – ISO 14000 for Environmental Management System (EMS) and – OHSAS 18000 for Occupational Health and Safety Management System (OHSMS) are also conducted separately. • However, the business trend nowadays requires the related management systems to be integrated in order to reduce paperwork, minimize costs, eliminate redundancies and eventually improve system efficiency and effectiveness [6, 7].

Occupational Health and Safety Management System (OHS MS) OHSAS 18001: 2007 Standard MS 1722: OSH MS Standard

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • Organizations of all kinds are increasingly concerned with achieving and demonstrating sound occupational health and safety (OH&S) performance by controlling their OH&S risks, consistent with their OH&S policy and objectives. • Many organizations have undertaken OH&S “reviews” or “audits” to assess their OH&S performance. • On their own, however, these “reviews” and “audits” may not be sufficient to provide an organization with the assurance that its performance not only meets, but will continue to meet, its legal and policy requirements.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • To be effective, they need to be conducted within a structured management system that is integrated within the organization [14]. • An Occupational Health and Safety Management System (OHSMS) is a system to manage the occupational health and safety risk faced by the workers, employees, or collaborators through good working conditions [15].

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • The OHSAS Standard covering OH&S management are intended to provide organizations with the elements of an effective OH&S management system that can be integrated with other management requirements and help organizations achieve OH&S and economic objectives. • These standards, like other International Standards, are not intended to be used to create non-tariff trade barriers or to increase or change an organization’s legal obligations [14].

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • The OHSAS Standard specifies requirements for an OH&S management system to enable an organization to develop and implement a policy and objectives which take into account legal requirements and information about OH&S risks. • It is intended to apply to all types and sizes of organizations and to accommodate diverse geographical, cultural and social conditions. The basis of the approach is shown in Figure 1. 3.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) Figure 1. 3: OHSMS model for OHSAS 18001: 2007 Standard [14]

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • The success of the system depends on – commitment from all levels and – functions of the organization, and especially from top management. • A system of this kind enables an organization – – – to develop an OH&S policy, establish objectives and processes to achieve the policy commitments, take action as needed to improve its performance and demonstrate the conformity of the system to the requirements of this OHSAS Standard [14].

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • The worldwide standard for OHSMS is OHSAS 18001. It has been first published in 1999 and has been developed using the principles of BS 8800 [6]. • The overall aim of this OHSAS Standard is to support and promote good OH&S practices, in balance with socio-economic needs. • It should be noted that many of the requirements can be addressed concurrently or revisited at any time.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • The second edition of this OHSAS Standard is focused on clarification of the first edition, and has taken due consideration of the provisions of ISO 9001, ISO 14001, ILO-OSH, and other OH&S management system standards or publications to enhance the compatibility of these standards for the benefit of the user community. • As shown in Figure 1. 3, OHSAS 18001: 2007 Standard consists of five major clauses which are: (1) Occupational Health and Safety policy, (2) planning, (3) implementation and operation, (4) checking and corrective action, and (5) management review [14].

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • There is an important distinction between this OHSAS Standard, which – describes the requirements for an organization’s OH&S management system and – can be used for certification/registration and/or – self-declaration of an organization’s OH&S management system, and – a non-certifiable guideline intended to provide generic assistance to an organization for establishing, implementing or improving an OH&S management system.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) This OHSAS Standard is based on the methodology known as Plan-Do-Check-Act (PDCA). PDCA can be briefly described as follows [14]: • Plan: establish the objectives and processes necessary to deliver results in accordance with the organization’s OH&S policy. • Do: implement the processes. • Check: monitor and measure processes against OH&S policy, objectives, legal and other requirements, and report the results. • Act: take actions to continually improve OH&S performance.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • Many organizations manage their operations via the application of a system of processes and their interactions, which can be referred to as the “process approach”. • ISO 9001 promotes the use of the process approach. Since PDCA can be applied to all processes, the two methodologies are considered to be compatible [14].

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • In Malaysia, there is a guideline on OHSMS. This guideline has been developed to guide and assist organizations on the implementation of the MS 1722: Occupational Safety and Health Management Systems standard. • It is developed in replacement of the MS 1722: Part 2: 2003 - Occupational Safety and Health Management Systems - Guidelines standard which has been withdrawn by Standards Malaysia.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • This guideline is to provide direction and assistance in implementing OSHMS that can contribute to the protection of employees from hazards and its associated risks, the elimination of work-related injuries, disabilities, ill health, diseases, near misses and fatalities [16]. • This guideline is intended to [16]: - interpret the requirement MS 1722: 2011 - assist compliance to legal requirements - ensure continual improvement in OSH performance - cultivate OSH culture in organization

1. 4. 2 Occupational Health and Safety Management System (OHSMS) Figure 1. 4: OHSMS main elements (MS 1722) [16]

1. 4. 2 Occupational Health and Safety Management System (OHSMS) As shown in Figure 1. 4, the OHSMS consists of five major elements [16]: • Policy: Include activities related to the development of the organization’s OSH policy statement and structures and practices that insure active and meaningful worker participation in OSH arrangement. • Organizing: Addresses the establishment of OSH responsibilities and accountabilities structures, a training system, competency definitions, documentation practices and a communication system.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • Planning & Implementing: Addresses those activities associated with the fulfillment of the principles expressed in the OSH policy statement. These activities include the initial assessment of the OSH arrangement that then support the actual system planning, development and implementation functions. • Evaluation: Addresses those functions associated with measuring the management system’s performance. This involves the development of performance monitoring and measurement protocols, investigation practices for accidents, auditing methods and management review arrangement.

1. 4. 2 Occupational Health and Safety Management System (OHSMS) • Action for Improvement: Addresses issues associated with preventive/corrective actions and continual improvement. With the information obtained from performance monitoring and measurement, investigations, audits, and management review, appropriate prevention/corrective and continual improvement actions can be taken

1. 4. 2 Occupational Health and Safety Management System (OHSMS) Figure 1. 5: OHSMS Implementation framework (MS 1722) [16]

1. 4. 2 Occupational Health and Safety Management System (OHSMS) Figure 1. 6: Sub elements in OHSMS (MS 1722) [16]

Environmental Management System (EMS) ISO 14001: 2004 standard

1. 4. 3 Environmental Management System (EMS) • An Environmental Management System (EMS) manages the environmental aspects of the companies. • The most well-known EMS standard in Malaysia is ISO 14001 [6]. • The first version of ISO 14001 was published in 1996, and a revised version was published in November 2004 [17]. • The latest ISO 14001 standard is due to be published by the end of 2015.

1. 4. 3 Environmental Management System (EMS) • The ISO 14001: 2004 consists of five major clauses which are: (1) environmental policy, (2) planning, (3) implementation and operation, (4) checking, and (5) management review. • All these clauses implement a cycle of continual improvement as shown in Figure 1. 7 [18].

1. 4. 3 Environmental Management System (EMS) Figure 1. 7: EMS model for ISO 14001: 2004 [18]

Assignment (Individual) • Describe the objectives of Occupational Safety and Health Act (OSH Act 1994). • Explain the objectives of Factories and Machinery Act (FMA 1967). • Provide definition of system. • Explain the five major clauses of OHSAS 18001: 2007 Standard. • Describe the main elements of ISO 14001: 2004 Standard.

References 1. 2. 3. 4. 5. Rahman, R. A. (2008). OSH Management In Workplaces: The Legal Obligation. Research Bulletin of the Faculty of Economics and Management 3, 11 -13. Occupational Safety and Health Act (1994). Retrieved 1 December 2014 from http: //www. dosh. gov. my/index. php? option=com_ docman&view= docman& Itemid=180&lang=en Regulations Under Occupational Safety and Health Act 1994. Retrieved 22 October 2014 from http: //www. dosh. gov. my/index. php? option=com_docman&task=cat_view& gid=169&Itemid=181&lang=en Factories and Machinery Act (1967). Retrieved 1 December 2014 from http: //www. dosh. gov. my/index. php? option=com_ docman&view= docman& Itemid=180&lang=en Regulations Under Factories and Machinery Act 1967. Retrieved 22 October 2014 from http: //www. dosh. gov. my/index. php? option=com_ docman&task=cat_view&gid=168&Itemid=181&lang=en

References 6. Mohammad, M. (2006). Strategies for implementing Integrated Management System in the Malaysian manufacturing companies. Unpublished Master thesis, Universiti Putra Malaysia. 7. Mohammad, M. , Osman, M. R. , Yusuff, R. M. , Masood, I. , Yahya, M. S. , & Jalil, M. A. S. M. (2013). Strategies for Integrating Quality, Environmental, Safety and Health Management Systems. Applied Mechanics and Materials, 315, 894 -898. 8. Hellriegel, D. , Jackson, S. E. , and Slocum, J. W. (1999). Management (8 th ed. ). Ohio: South-Western College Publishing. 9. Kast, F. E. , & Rosenzweig, J. E. (1985). Organization and management: A systems and contingency approach (4 th ed. ). New York, NY: Mc. Graw-Hill. 10. Jackson, M. C. (2003). Systems thinking: Creative holism for managers. Chichester: John Wiley & Sons Ltd. 11. Karapetrovic, S. and Willborn, W. (1998). The system’s view for clarification of Quality Vocabulary, International Journal of Quality and Reliability Management, 15 (1), pp. 99 -120.

References 12. Willborn, W. O. and Cheng, T. C. E. (1994). Global Management of Quality Assurance Systems. New York: Mc. Graw-Hill. 13. Karapetrovic, S. and Willborn, W. (1998). Integration of quality and environmental management systems. TQM Magazines, 10 (3), pp. 204 -213. 14. OHSAS Project Group (2007). OHSAS 18001: 2007 Occupational health and safety management systems – Requirements. London: OHSAS Secretariat. 15. Matias, J. C. D. O. and Coelho, D. A. (2002). The integration of the standards systems of quality management, environmental management and occupational health and safety management. International Journal of Production Research, 40 (15), pp. 3857 -3866. 16. Department of Occupational Safety and Health (DOSH) (2011). Guidelines on occupational safety and health management systems. Cheras: DOSH. 17. Jorgensen, T. H. , Remmen, A. , Mellado, M. D. (2005). Integrated management systems – three different levels of integration. Journal of Cleaner Production, pp. 1 -10. 18. International Organization for Standardization (ISO) (2004). ISO 14001: 2004 Environmental Management Systems – Requirements with guidance for use. Switzerland: ISO