SOCSO ACCIDENT
PREVENTION SEMINAR
2015
Amendment to OSHA 1994 and
Migration of FMA 1967
25 Ogos 2015
PWTC, Kuala Lumpur
1
Background
 Occupational Safety and Health, 1994 (OSHA)
• passed by Parliament, enacted and enforced
by DOSH since 1994.
• After 20 years, the amendment should be
made in order to improve and facilitate
methods of ‘regulating behavior’ in safe
working environment toward the safe work
culture.
 Factories and Machinery, 1967 (FMA)
• Amended in 2006 on new definition of the
machinery and plant, empowerment of
person/body to perform DOSH’s function.
2
Why migration?
A
B
C
D
E
F
To facilitate the industry with one
act only
Application and Scope
Legalize all administrative
requirement
Penswastaan (outsourcing)
OYK/FYK (Empowerment and
accountability)
To strengthen existing Legislation
3
Why
migration?
F. To strengthen the existing
legislation
1. Includes all industries
5. Legalize administrative work
•
• Provide enabler for OYK/FYK
appointment
• Accountabilities of OYK/FYK
Apply to all industries
2. Covers all industry player
• Developer (in const. industry)
• Multi employer (contractor, sub
contractor etc)
3. Responsibilities &
accountabilities of industry
player
• Contractor, sub contractor
• Outsourcing, Labour supplier
4. Empowering Majlis Negara
(MNKKP)
• strengthen the role & function
of Pengerusi & Ahli MNKKP
• Broaden of MNKKP’s function
6. Increase the penalty rate
• RM 50k to RM500k
7. Improve the compound provision
• To facilitate better mechanism on
compounding and appealing.
8. Provision for Rights of Employees
and Young Person
• Rights of Employees to remove
himself from dangerous
environment.
• Young Person – not allowed to
work in hazardous activity.
4
Concept
The process of migrating FMA, 1967 into OSHA 1994
Self
regulation
element in
OSHA
Prescriptive
section in
FMA
Prescriptive
regulation
under FMA
New Act
- Prescribe as
Regulation
under New
Act
- ICOP
Maintain selfregulation
approach in Main
Act but facilitate
by prescriptive
regulation,
technical
specification ,
ICOP and
guideline. 5
PROVISION AND ENABLER OF
NEW ACT
1
To provide legal provisions (enablers) to meet the
aspirations of the OSH development in Malaysia
with the concept of self-regulating approach
2
Not all the provisions / regulations can be
implemented simultaneously
3
There are provisions that require specific rules or
regulation i.e.
- Control of machinery
- Control of Competent Person
- Control of activities (sand blasting)
- Implementation of Licensed Person
6
SCOPE
OSHA 1994
All
industries
in Sch. 1
Merchant Shipping
Ordinance 1952
Application
Not apply
Merchant Shipping
Ordinance 1960 of Sabah
& Sarawak
Armed forces
New Act
Application
All industries
Not apply
Exempted
Industries
(e.g. Armed
Forces, domesticmaid etc)
Merchant Shipping
Ordinance 1952
Merchant Shipping
Ordinance 1960 of Sabah
& Sarawak
Published in Gazette
(Order)
MAJLIS :
A – Chairman & Dep. Chairman
OSHA 1994
New Act
Sec. 9(2)
Chairman
The Minister shall appoint from • Have wide experience and special
among the persons mentioned in
knowledge in matters relating to OSH
subsection (1) a Chairman and a • Not from public officers, employers,
member of any trade union or
Deputy Chairman of the Council
member of the administration
Deputy Chairman
KSU KSM
Justification
Chairman:
1. Not only knowledgeable and experience but very passionate to lead and
championing MAJLIS ( and nation as a whole) to a better OSH
administration.
Deputy Chairman
1. Presume KSU will understand better the administration of OSH in
8
Malaysia (resources)
MAJLIS :
B – secretary
OSHA 1994
Sec. 12(1)
The Minister shall
appoint a public officer
from the office of the
Director General to be
the secretary to the
Council.
New Act
The Minister shall
appoint ‘Director
General of DOSH’ to be
the Secretary to the
Council
Director General of DOSH is the most Justification
knowledgeable person to advise / facilitate
member of NCOSH on Administration of OSH.
9
MAJLIS :
C – Other members
OSHA 1994
(persons)
New Act
(persons)
Employers
3
(organization
representing employer)
5
(representing employer)
Employees
3
(organization
representing employee)
5
(representing employee)
≥3
5 ( incl. DG of Health)
Ministry/Dept
Org./Professi
onal Bodies
Total
≥ 3 incl. 1 woman
12 < members < 15
(Include Chairman &
Dep. Chairman)
≥ 5 incl. 1 woman
ED NIOSH + CE SOCSO +
Org./Professional Bodies
23 < members < 25
(Include Chairman,
Dep. Chairman &
Secretary)
10
MAJLIS :
C – Other members
Remove ‘organization representing employer’
and replace with ‘representing employer’:
1.Employers / employee can be from individual
and/or organization
2.To avoid organization from claiming that
membership is their exclusive right
3.Increment number of person (from 3 to 5) is
due to growth of industry
Primary criteria is to have wide experience
and special knowledge related to OSH
11
MAJLIS :
D - Power & Function
No
Powers & Functions
1
Changes it considers desirable to occupational safety and health legislation
2
Improvement of administration and enforcement of occupational safety & health legislation
3
Fostering of a co-operative consultative relationship between management & labour on the
safety, health & welfare of persons at work
4
Special problems with respect to occupational safety, health & welfare of women,
handicapped persons & other groups in the community
5
Establishment of adequate methods of control of industrial chemicals at a place of work
6
Statistical analysis of occupationally related deaths & injuries
7
Provision of health care facilities at a place of work
8
Fostering of the development & adoption by law of industry codes of practice related to
occupational safety, health & welfare
9
10
Development of rehabilitation plans & facilities to assist persons injured at a place of work
NEW !
Cooperative relationship between Gov., employers & employees
11
Research & publication on OSH
12
Training & education on OSH
13
Promotion of OSH
NEW !
NEW !
NEW !
Government shall provide sufficient
funds for NCOSH annually to enable
the NCOSH to perform its function and
exercise its power under this Act
12
APPOINTMENT OF LICENSED
PERSON (LP)
OSHA 1994
• none
New Act
• With recommendation of DG,
Minister may grant licensed on
such conditions and limitations to
any person to perform any
function specified in this Act as
the functions of a Licensed
Person
• Minister may make a regulation
Justification
To facilitate or provide provision on empowerment of
Licensed Person to perform any function specified in this
13
Act in future
FACTORY AND MACHINERY
OSHA 1994
• none
New Act
• Occupier had duties on place
of work, plant and substances
• Notification of place of work
(factory)
Justification
To facilitate or provide provision as an enabler for
requirement on registration of factories and
machinery
14
Definition of MACHINERY
Steam
Boiler
Definition of
Machinery
Certificated
Machinery
Pressure
Vessel
Lift
Will exclude
‘low risk
machinery
Lifting
Machine
Hoist
Other
Machinery
General
machinery
Crane
BOARD OF APPEAL & PANEL OF
OSHA
FMA
COMPETENCIES
(NEW)
NEW
Board of
Appeal
DG DOSH
Prohibition
Against Use of
Plant / Substance
• Appointed by Minister
•Case by case basis
•Meeting allowance
• Chairman = Member of NCOSH
Appeal
Committee
• Appointed by DG
• Meeting allowance
NOI & NOP
Panel of
Competencies
e.g: Lembaga
Penilaian
Kompetensi
Competencies
Written Exam /
Oral / Audit
16
BOARD OF APPEAL & PANEL OF
COMPETENCIES (NEW)
Justification
1.To provide platform for appealing
purposes
2.Recognizing capacity and knowledge of
NCOSH
17
DUTY HOLDER:
DUTIES & RESPONSIBILITIES
OSHA 1994
• Employer
– Immediate
Employer
– Principal
Employer
New Act
• Employer
– Immediate Employer
- Principal Employer
• Principal Contractor
• Contractor, Subcontractor
• Occupier
Justification:
• To cater multilayer employment of business situation
nowadays
• Input from prosecution case
• Segregation of responsibilities for each of duty holder is
18
spell out clearly
HIRARC
OSHA 1994
New Act
No specific
provision to
conduct risk
assessment
New provision is
added to give duty
to Employer, Self
Employed Person
and Principal
Contractor to
conduct HIRARC
Justification
To promote preventive culture
19
COMPETENT PERSONS &
CERTIFICATE OF COMPETENCY
OSHA 1994
Done
administratively
New Act
Power of DG DOSH to
appoint Competent
Person and Penalty
Competent
Person’s
accountability
Justification:
• To legalize the Competent Person appointment
• To provide framework on administration of competency
• Competent Person are more responsible towards their
20
job
COMPOUND
OSHA 1994
New Act
Any compound
need consent from
PUU
Power of DOSH
officer to issue
compound on
compoundable
offences (max: RM
3000)
Justification:
• To remind offender on their
responsibilities
21
COMPOUNDABLE OFFENCES
1
Hazard Identification, Risk Assessment & Risk
Control
2
NADOOPOD
3
Safety & Health Policy
4
Employment of Safety & Health Officer
5
Establishment of Safety & Health Committee
Others will be stipulated in each ‘proposed’
22
regulation
PENALTY
Item
General Penalty
Employer Duties
Employees Duties
OYK
FYK
Compound
Non-compliance of
Notice
OSHA 1994
New Act
RM10k
RM100k
-
Imprisonment 1 year
RM 50k
RM 500k
Imprisonment 2 years
Imprisonment 3 years
RM 1k
RM 2k
-
Imprisonment 3 months
-
RM 50k
-
Imprisonment 1 year
-
RM 200k
-
Imprisonment 2 years
-
RM 3k
RM 50k
RM 500k
Imprisonment 5 years
Imprisonment 3 years
Daily continuous offence –
RM 500
Daily continuous offence –
RM 2k
23
POWER OF MINISTER TO MAKE
REGULATIONS
Subject Matters
No.
Adapted
from?
1
Factories & Machinery (such as PUWER,UK)
FMA
2
FYK
FMA
3
Enquiries
4
Licensed Person
5
Training
6
OYK/SHO/MO
(Noise, OHD, Lift, AESP, SSS, Designated Person-Formwork, FMA & OSHA
CHRA, MH, IAQ, HT1, Auditor, SHO)
7
Risk Assessment
8
OSHMS
Justification
9
CIMAH
FMA & OSHA
FMA
OSHA
New !
New !
New !
1. Construction
To provide
power of Minister to make Regulation
Work
New !
2. SSI
To provide an enabler for such Regulation
11
New !
10
24
12
Auditor
New !
THANK YOU
25