PURPOSE :
This information
sheet will provide information pertaining to Policies, Regulations, Occupational
Safety and Health Act (OSHA). It will help the student understand the purpose of
Policies, Regulations, Occupational Safety and Health Act (OSHA) and method of implication
of Safety and Health Act and Regulation requirement.
INFORMATION
OCCUPATIONAL SAFETY AND HEALTH ACT
(OSHA)
1.
Section Related In OSHA Which Cover In The Information Sheet Are As
Follow:
Section 15.
General
Duties of Employers and Self-employed Persons to Their Employees.
(
1 ) It shall be the duty of every
employer and every self-employed person to ensure, so far as is practicable,
the safety, health and welfare at work of all his employees
(
2 ) Without prejudice to the generality of
subsection ( 1 ), the matters to which the duty extends include in particular –
(a)
the provision and
maintenance of plant and systems of work that are, so far as is practicable,
safe and without risks to health;
(b)
the making of
arrangements for ensuring, so far as is practicable, safety and absence of
risks to health in connection with the use or operation, handling, storage and
transport of plant and substances;
(c)
the provision of such
information, instruction, training and supervision as is necessary to ensure,
so far as is practicable, the safety and health at work of his employees;
(d)
so far as is practicable,
as regards any place of work under the control of the employer or self-employed
person, the maintenance of it in a condition that is safe and without risks to
health and the provision and maintenance of the means of access to and egress
from it that are safe and without such risks;
(e) the provision and
maintenance of a working environment for his employees that is, so far as is
practicable, safe, without risks to health, and adequate as regards facilities
for their welfare at work.
(
3 ) For the purposes of subsections ( 1
) and ( 2 ) –
(a)
“employee” includes an
independent contractor engaged by an employer or a self-employed person and any
employee of the independent contractor; and
(b)
the duties of an employer
or a self-employed person under subsections ( 1 ) and ( 2 ) extend to such an
independent contractor and the independent contractor’s employees in relation
to matters over which the employer or self-employed person –
(
i ) has
control; or
(
ii ) would have had control but for
any agreement between the employer or self-employed person and the independent
contractor to the contrary.
Section 16.
Duty to Formulate Safety And Health policy
Except in such cases as may be prescribed, it shell
be the duty of every employer and every self-employed person to prepare and as
often as may be appropriate revise a written statement of his general policy
with respect to the safety and health at work of his employees and organisation
and arrangement for the time being in force for carrying out that policy, and
to bring the statement and any revision of it to the notice of all his
employees.
Section 17.
General
Duties of Employers and Self-employed Persons to Persons Other Than Their
Employees.
(
1 ) It shall be the duty of every
employer and every self-employed person to conduct his undertaking in such a
manner as to ensure, so far as is practicable, that he and other persons not
being his employees, who may be affected thereby are not hereby exposed to
risks to their safety or health.
(
2 ) It shall be the duty of every
employer and every self-employed person, in the prescribed circumstances and in
the prescribed manner, to give to persons, not being his employees, who may be
affected by the manner in which he conducts his undertaking, the prescribed
information on such aspects of the manner in which he conducts his undertaking
as might affect their safety or health.
Section 18.
Duties
of An Occupier of A Place
(
1 ) An occupier of non-domestic premises
which has been made available to persons, not being his employees, as a place
of work, or as a place where they may use a plant or substance provided for
their use there, shall take such measures as are practicable to ensure that the
premises, all means of access thereto and egress there from available for use
by persons using the premises, and any plant or substance in the premises or
provided for use there, is or are safe and without risks to health.
(
2 ) A person who has, by virtue of a
contract or lease or otherwise, an obligation of any extent in relation to –
(a)
the maintenance or repair
of a place of work or any means of access thereto or egress there from; or
(b)
the prevention of risks
to safety and health that may arise from the use of any plant or substance in
the place of work,
shall
for the purpose of subsection ( 1 ) be deemed to have control of the matters to
which his obligation extends.
Section 19.
Penalty for on offence under section 15, 16, 17, or
18.
A person who contravenes the provisions of section
15, 16, 17, or 18 shall be guilty of an offence and shell, on conviction, be
liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a
term not exceeding two year or to both.
Section 24.
General
Duties of Employees at Work
( 1 ) It shall be the duty of
every employee while at work –
(a)
to take reasonable care for the safety and
health of himself and of other persons who may be affected by his acts of
omissions at work;
(b)
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 this Act or any
regulation made there under;
(c)
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; and
(d)
to
comply with any instruction or measure on occupational safety and health
instituted by his employer or any other person by or under this Act or any
regulation made there under.
( 2 ) A person who contravenes the provisions of
this section shall be guilty of an offence and shall, on conviction, be liable
to a fine not exceeding one thousand ringgit or to imprisonment for a term not
exceeding three months or to both.
Regulation
Occupational
Safety And Health (Employers’ Safety And Health General Policy Statements)
(Exception) Regulations 1995
In
exercise of the powers conferred by sections 16 and 66 of the Occupational
Safety and Health Act 1994, the Minister makes the following regulations:
1.
Citation
and commencement
These regulations may be cited as the Occupational
safety and health (Employers’ Safety and Health General Policy Statements)
(Exception) Regulations 1995 and shall be deemed to have come into force on
the 25th February 1994.
2.
Exception.
Section
16 of the Act shall apply to every employer and every self-employed person
except those who carry on an undertaking with not more than five employees.
Made the 22nd February 1995
Dato’
Lim Ah Lek
Minister
of human Resources
SAMPLE OF SAFETY & HEALTH POLICY
Section 30
Establishment Of Safety And Health Committee At
Place Of Work
(
1 ) Every employer shall establish a
safety and health committee at the place of work in accordance with this
section if :-
(
a ) there are forty or more persons
employed at the place of work; or
(
b ) the Director General directs the
establishment of such a committee at the place of work.
( 2 ) The
composition of safety and health committee established under subsection ( 1 ),
the election or appointment of persons to the committee, the power of the
member s of the committee and any other matter relating to the establishment or
procedure of the committee shall be as prescribed.
(
3 ) Every employer shall consult the
safety and health committee with a view to the making and maintenance of
arrangement which will enable him and his employees to co-operate effectively
in promoting and developing measures to ensure the safety and health at the
place of work of the employees, and in checking the effectiveness of such
measures.
( 4 ) A
person who contravenes the provisions of this section shall be guilty of an
offence and shall, on conviction, be liable to a fine not exceeding five thousand
ringgit or to imprisonment for a term not exceeding six months or to both.
Section 31
Function Of Safety And Health Committee
The safety and health committee establish at a
place of work pursuant to section 30:-
( a ) shall
keep under review the measures taken to ensure the safety and health of persons
at the place of work;
( b ) shall
investigate any matter at the place of work :-
( i ) which
a member of the committee or a person employed there at is not safe or is a
risk to health ; and
( ii ) which
has been brought to be the attention of the employer;
( c ) shall
attempt to resolve any matter referred to in paragraph (b) and, if it is unable to do so, shall
request the Director General to undertake an inspection of the place of work
for that purpose; and
( d ) shall
have such other functions as may be prescribed.
- Establishment Of Safety And Health
Committees
2.1 The Law requires every employer to establish
a Safety and Health Committee at the place of work where forty (40) or more persons
are employed.
a.
Formation of the Safety and
Health Committee with Management / Employees / Union representatives.
b.
Elected appointments of
persons to the committee.
-
Main committee
-
Sub-Committee, i.e. plant
and non-plant.
c.
Powers of the members of the
committee.
d.
Procedures for the
committee.
e.
Terms of reference for the
committee.
f.
Employer’s focal point on
all safety and health matters in promoting and developing measures to ensure
the safety and health at the place of work.
2.2 Function
a.
The committee shall keep under review the
measures taken to ensure the safety and health of persons at the place of work.
b.
To investigate any matter at
the place of work:
i)
When a member of the
Committee
or a person employed thereat considers
is not safe or is a risk to health.
ii)
Which has been brought to
the attention of the employer.
iii)
Shall attempt to resolve any
matter referred to the employer.
iv)
To request the Director
General of Occupational Safety and Health Department to undertake an inspection
of the place of work.
v)
Shall have such other
functions as may be prescribed.
2.3 Safety Committee
The
Safety Committee comprising the following order would be most effectual and ideal
situation
Chairman - The Manager Director
Deputy
Chairman - A Deputy Chairman should be appointed to take
over
when the Chairman finds it impossible to
attend
a meeting.
Secretary - Safety Adviser / Safety Officer – The
person who
exercises
the Safety functions in the organsiation.
Members - Plant Manager
( Supervisor ) - Maintenance
Manager / Work Manager
- HR Manager
- Training Manager
- Materials Manager
- Quality Controller
- Security Manager
- Safety
Representatives – Line Functions
- Union
Representatives, etc.
Committee
should not be too large; about fifteen members is a desirable maximum. The
larger the committee the more difficult it is to get full attendance. The
participation of Supervisors is very important. They are the key personnel as
regards to safety as well as production and their active co-operation is
therefore essential. It is a must that the Supervisor is kept continuously in
touch with the Committee work.
2.4 Safety Committee’s Functions, Authority And Duties
Taking
the long view of their broad objectives the committee should lay down a set of
tasks which will lead to their achievement. The list must be realistic, bearing
in maid that committee member have full-time jobs to do. It must be long-term,
taking into account the fact that day to day safety matters are dealt with by
management, the safety adviser and the safety representatives. And it must be
within the resources of the committee and the capabilities of its individual members.
2.5 Specific Functions
The
safety committee should be involved in every possible way in developing the
means of bringing employees more into Occupational Safety and Health issues. It
should be involved in, for instance :
1.
Making the contents of the
safety policy and the extent to which the policy is being applied known to all
the employees;
2.
The development of work
safety rules and safety systems of work.
3.
Publishing agreement and
rules for the provision and wearing of protective clothing and equipment.
4.
Studying reports and
considering publishing their contents.
5.
Review of all lost time
accident and appraise Safety and Health aspects of plant operations based on
accident reports and statistics.
6.
To provide directions in
safety aspects with respect to plants operation e.g. broad guidelines on safety
policies.
7.
To create, and maintain
safety consciousness among employees.
8.
To supervise the functioning
of safety Operations Committee by reviewing minutes and provide guidance.
- Frequency Of Meeting
The
frequency of meetings will depend on the work which the committee has to do and
this in turn depends on the circumstances of the individual establishment, the
size of the size of the workforce, the kind of work and the degree of inherent
risk.
Too
frequent meeting will waste time on matters already discussed because there has
been insufficient time between meetings to take the necessary action. Moreover,
busy people find it difficult to attend meeting too often, problem which can
result in disruption of their work or insufficient number to form a quorum, so
that decisions have to be postponed.
On
the other hand, if meeting are spaced too far apart the people who have been
deputed to take action will find themselves working in isolation without
sufficient guidance from the committee, while the other committee members will
feel remote from the action and tend to lose touch.
Recommended timing to convene Safety Committee Meetings
at list once in three (3) months.
The
Safety Committee programme should be arranged well in advance and notice of the
dates of meeting published where all employees can see them.
Not
less then a week before the meeting of the Safety Committee, each member should
be sent a copy of the agenda, drawn up by the Committee Secretary.
3.0 Safe System of Work
A
safe system of work is a formal procedure which results from systematic
examination of a task in order to identify all the hazards. It defines safe
methods to ensure that hazards are eliminated or risks minimised.
3.1 When Is A
Safe System Needed?
Many
hazards are clearly recognisable and can be overcome by physically separating
people from them, e.g. by using guarding on machinery.
A
safe system of work is needed when hazards cannot be physically eliminated and
some element of risk remains. You should apply these principles to routine work
as well as to more special cases such as:
·
Cleaning and maintaining
operations
·
Making changes to work
layouts, materials used or working methods
·
Employees working away from
base or working alone
·
Breakdowns or emergencies
·
Controlling activities of
contractors on your premises
·
Loading, unloading and
movements or vehicles
3.2 Assessing The Task
Assess
all aspects of the task and the risks which it presents. Hazards to health as
well as to safety should be considered.
Take
account of :
·
what is used, e.g. the
plant, the substances, potential failures of machinery, toxic hazards,
electrical hazards, design limits, risk of inadvertently operating automatic
controls.
·
Who does what, e.g.
delegation, training, foreseeable human errors, short cuts, ability to cope in
an emergency.
·
Where the task is carried
out, e.g. hazards in the workplace, problems caused by weather conditions or
lighting, hazards from adjacent processes or contractors, etc.
·
How the task is done, e.g.
the procedures, potential failures in work methods, lack of foresight of
infrequent events.
3.3 Identifying The Hazards
When you have assessed a task, you
should sport its hazards and weigh up the risks.
Where possible you should eliminate the
hazards and reduce the risks before you rely upon a safe system of work.
3.4 Defining Safe Methods
Your safe system of work may be defined orally, by simple
written procedure or in exceptional cases by a formal permit to work scheme.
·
Consider the preparation and
authorisation needed at the start of the job.
·
Ensure clear planning of job
sequences.
·
Specify safe work methods.
·
Include means of access and
escape if relevant.
·
Consider the tasks of
dismantling, disposal etc at the end of a job.
Involve
the people who will be doing the work. Their practical knowledge of problems
can help avoid unusual risks and prevent false assumptions being made at this
stage.
In
those special cases where a permit to work system is needed, there should be a
properly documented procedure. It is important that everyone understands which
jobs need a formal permit to work. Permits to work should:
1.
define the work to be done;
2.
say how to make the work
area safe;
3.
identify any remaining hazards
and the precautions to be taken;
4.
describe checks to be
carried out before normal work can be resumed; and
5.
Name the person responsible
for controlling the job.
Jobs likely to need a permit to work system
include:
·
working in confined spaces
·
hot work on plant containing
flammable dusts, gases or residues of these
·
cutting into pipe work
containing hazardous substances
·
work on electrical equipment
3.5 Implementing The System
Your
safe system of work must be communicated properly, understood by employees and
applied correctly. They should be aware of your commitment to reduce accidents
by using safety systems of work.
Ensure
that supervisors know that they should implement and maintain those systems of
work and that employees, supervisors and managers are all trained in the necessary
skills are fully aware of potential risks and the precautions they need to
adopt.
Stress
the need to avoid short cuts. It should be part of a system of work to stop
work when faced with an unexpected problem until a safe solution can be found.
3.6 Monitoring
The System
Monitoring
means periodically checking:
·
that employees continue to
find the system workable;
·
that the procedures laid
down in your system of work are being carried out and are effective; and
·
that any changes in
circumstances which require alterations to the system of work are taken into
account.
FIVE STEPS TO A SAFE
SYSTEM OF WORK
ASSESS THE TASK
IDENTIFY THE HAZARDS
DEFINE SAFE METHODS
IMPLEMENT THE SYSTEM
MONITOR THE SYSTEM
4. Good
Housekeeping
Good
housekeeping is a basic requirement of safe working. Keeping the workplace
clean and tidy depends upon everyone playing a part.
4.1 Action Points
4.1.1 Access
a.
Passageway, work areas,
stairways must be kept clear of litter and obstructions.
b.
Safety signs must be clear
and undamaged.
c.
Any damaged or dangerous
floors, passageways, shelves or steps through unclean spillages should be
reported at once. They could be a health, fire tripping or slipping hazard.
d.
During floor cleaning
warning notices must be kept prominently in view; no trailing or unmarked
electric leads or cables across access ways.
4.1.2 Clearing
– Up
a.
A workbench is a place to
work at, not a storage bin or personal clock room. Any equipment or materials
when not in use should be put away.
b.
All scrap and waste must be
put into the appropriate bins or sacks and removed daily.
c.
The job is not finished
until you have put the tools always and tided up.
4.1.3
Fire
a.
Fire appliances and escape
routes unobstructed, and fire doors must be kept shut.
b.
Combustibles must be
properly stored, not put on open shelves or benches.
c.
Rubbish must not be left
lying about.
4.1.4
Monitoring
Report
to your supervisor any hazard you observe but cannot deal with yourself, or
which may recur.
4.1.5
Conclusion
Eliminate 50% of risks at work by making tidiness a
habit.
5. Understanding Of Safety Signs
6.
Tools And
Equipment
6.1
Different type of tools
Every
year there are many industrial accidents resulting from the use of tools and
equipment. These include manual and power-driven tools.
Many
industrial injuries result from the use of equipment not suited to the
particular purpose. Some examples: adjustable spanners being used instead of ring
or open-ended spanners to tighten nuts; tin snips of pliers with the handles
bent toward each other at the ends; pipe wrenches with worn jaws; hammers with
cracks in the handles, etc.
POINT
TO REMEMBER
·
You can prevent accidents by
using the right tools for the job. They should be of good quality and well
maintained. Replace tools before they wear out.
Impact tools (hammers, chisels, sledge-hammers. etc.) should
be made of iron of the correct hardness.
Burrs, which can fly off and cause injury, should be removed.
Sharp-edged tools (knives,
axes, saws, etc.) should be kept sharp. The risk of injury is greater from
blunt tools than from sharp ones. Tools which are carried around must be
carried in such a way that they cannot cause injury.
Power-driven hand tools involve
greater risks than hand-operated or stationary tools. Guards protecting saw
blades and grinders must never be removed or swivelled out of the way.
6.2
Regular inspection
All
tools and work equipment must be inspected regularly. The supervisor should be
responsible for this continuous inspection. Inspections should be carried out
according to the instructions from the supplier of the equipment. These can
take the form of a check list.
7.
Electricity
And Its Risks
7.1
Accidents involving
electricity
Electricity
can cause accident and fires.
Accidents
can occur when people touch part of a unit carrying live current. Even contact
with part of a unit which does not normally carry live current can lead to
serious accidents if the insulation becomes faulty. Where electric arcs are
formed, there is a high risk of burning and damage to eyesight. We usually
distinguish between :
o Accidents
due to direct contact with electricity
o Accidents
caused by the formation of an electric arc
Electric
current can also cause burns. If the insulation is faulty and there is a
short-circuit, intense heat can develop, leading to the possibility of a
serious fire.
Accident
involving electricity are often caused by failing to ensure that the safety
system is working or by failing to follow the established safety rules.
All
electric installations should be serviced only by qualified electricians.
POINT
TO REMEMBER
·
If an accident is caused by
contact with electricity, switch off the current immediately! Failure to do so
can result in death!
Electricity can kill and should be dealt with by electricians; do not
attempt to deal with power cable problems!
The risk of accidents is
much greater when using portable motors or instruments. The insulating material
used on such appliances is often subjected to heavy wear. Wires and cables are
easily damaged, which can lead to short circuiting.
Should
short circuiting occur in or near a container with a highly explosive mixture
of gas and air, the results could be very dangerous.
Using
spirits to clean an electric motor, and then starting it up immediately after
cleaning can also cause an explosion or fire.
A
common cause of fatal accidents is the attachment of electric cable to gas
tubes.
Wires
and cables should not be hung over structural elements such as nails or other
metal hooks, as these can wear through the insulating cover around the wire and
cables.
Dragging
and coiling cable and wires can also damage the insulating covering.
7.2
Hand lamps
Hand
lamps are among the most dangerous portable appliances in any workplace.
Wherever possible, their use should be limited and they should be replaced by
permanent lamps.
Where
they must be used, it is important that the lamps used are of an approved
design and that they are of the best quality. An electric hand lamp should have
a framework and a hand grip made of insulating material, and have a protective
basket around the bulb.
Hand
lamps easily become worn and should be checked regularly to ensure that they
are safe.
8.
Chemical
Risks To Health
8.1 Inspection and control of chemicals
The
inspection, control and handling of chemicals must be on-going in order to
protect workers from injury.
We
must increase our knowledge of the chemical risks in the workplace, in
particular with regard to the possible long-term effects of chemicals. Many
current cases of occupational cancer have their origins in working environments
two or more decades ago.
This
section will look at how different chemicals and different methods of handling
them can affect us, and examine what measures should be taken to ensure
effective protection.
8.2
Chemicals and their risks
We are exposed to chemicals
in different ways, for example:
Our
body has a considerable capacity to purify dangerous substances. It is primarily
the liver and kidneys which do this work, but if the body is exposed to a
chemical over a long period of time our defences can no longer render it
harmless. The substance is then stored in the body and can cause various
medical problems. Lead and cadmium are examples. It takes a long time for the
body to brake down lead and, in the case of cadmium, there is no breakdown at
all.
8.3 Liquids and vapours
8.3.1 Solvents
One of
the most common risks to health in working life is caused by vapours and
splashes from solvents. Solvents have the ability to dissolve other substances,
particularly greases and fats. Furthermore, they evaporate rapidly.
When
a solvent evaporates, the vapour becomes part of the air that we inhale. It
then travels through the blood to the internal organs, e.g. the brain and
liver. Because solvents can dissolve substances they can also affect mucous
membranes and the skin. Some solvents can even be absorbed through the skin,
though the majority are inhaled.
The
greater a solvent’s ability to dissolve greases or fats, the greater the effect
it will have on the central nervous system.
Dizziness,
headaches, tiredness, reduced comprehension and prolonged reaction times are
some of the symptoms of short exposure to solvents. Although these effects may
disappear quickly they increase the risk of accidents.
For
a long time it has been known that solvents which are absorbed and stored in
the body have the same effects as an anaesthetic. In fact many solvents were
previously used as anaesthetics, intoxicating people and putting them to sleep.
In extreme cases the effect of the anaesthetic is loss of consciousness and
death. Some of them have a very low viscosity, and the concentration in the
work premises can easily rise to very high level if the solvent is not handle
properly.
Vapours
from solvents containing chlorine can produce phosgene and hydrogen chloride
when they come into contact with hot objects.
Point To Remember!
·
The ability of a solvent to
cause injury includes the following factors:
·
the viscosity of the
solvent:
low-viscosity solvents spread more rapidly
in enclosed areas
·
the concentration in the air
: the
amount of solvent in the atmosphere can be checked by using measuring devices
·
exposure time:
the longer the exposure time, the greater the risks of injurious effects
8.3.2 Acids and alkalis
- Acids and alkalis are corrosive substances which can damage the skin and eyes on contact.
- A corrosive mist can from above acids and damage the respiratory tract and lungs. Especially dangerous acids include hydrochloric, sulphuric, chromic and nitric acids.
- Contact with the skin can cause serious burns unless large amounts of water are used to rinse the substance off.
QUESTIONS
1. Section
16. duty to formulate Safety and Health Policy shall apply to every employer
and self employed person except those who carry on an undertaking with
2. Every employer shall establish a safety and
health committee at the place of work in
accordance with section 30 if :-
3.
What is the Function of safety
and health committee ?
4.
Where are Proper place to exhibit
Safety Signage?
5.
When acids or other strong
liquids are used in any manufacturing process or cleaning what instructions are
given to the workers?
REFERENCES:
1.
Factory and Machinery Act 1967
(Act 139)
2.
Occupational Safety and Health Act
1994 (Act 514)
3.
Safety at Work, Compiled and
Edited by Badrie Abdullah, Published by Aliran Pusak Sdn Bhd
4.
Safety – Health and Working
Conditions – Training Manual ISBN 91-7522-115-2
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