5. OCCUPATIONAL SAFETY AND HEALTH ACT 5.1 What is Occupational Safety and Health Act?

The Occupational Safety and Health Act is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforce and to protect others against risks to safety or health in connection with the activities of persons at work. This Act was gazetted on 24th February 1994 and may be cited as the Occupational Safety and Health Act 1994. This Act is a practical tool superimposed on existing safety and health legislation. The aims of this Act are : to secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work to protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs to provide the means whereby the associated occupational safety and health legislation may be progressively replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standards of safety and health. The provision of the Occupational Safety and Health Act 1994 are based on the self-regulation scheme. Its primary responsibility is to ensure safety and health of work lies with those who create the risks and those who work with the risks. Through self-regulating scheme that is designed to suit the particular industry or organization, this Act also aims to establish effective safety and health organization and performance. The concept of self-regulation encourages cooperation, consultation and participation of employees and management in efforts to upgrade the standards of safety and health at the workplace. The Occupational Safety and Health Act 1994 is enforced by the Department of Occupational Safety and Health (DOSH), a government department under the Ministry of Human Resources Malaysia. Department of Occupational Safety and Health (DOSH) will ensure through enforcement and promotional works that employers, self-employed persons, manufacturers, designers, importers, suppliers and employees always practise safe and health work culture, and always comply with existing legislation, guidelines and codes of practice. Department of Occupational Safety and Health (DOSH) will also formulate and review legislation, policies, guidelines and codes of practice pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at work. Department of Occupational Safety and Health (DOSH) is also the secretariat to National Council for Occupational Safety and Health, a council established under section 8 of the Occupational Safety and Health Act 1994. The National Council for Occupational Safety and Health shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.

Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational safety and health programs is to foster a safe work environment.[1] As a secondary effect, it may also protect coworkers, family members, employers, customers, suppliers, nearby communities, and other members of the public who are impacted by the workplace environment. It may involve interactions among many subject areas, including occupational medicine, occupational (or industrial) hygiene, public health, safety engineering / industrial engineering, chemistry, health physics.

Definition
Since 1950, the International Labour Organization (ILO) and the World Health Organization (WHO) have shared a common definition of occupational health. It was adopted by the Joint ILO/WHO Committee on Occupational Health at its first session in 1950 and revised at its twelfth session in 1995. The definition reads: "Occupational health should aim at: the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations; the prevention amongst workers of departures from health caused by their working conditions; the protection of workers in their employment from risks resulting from factors adverse to health; the placing and maintenance of the worker in an occupational environment adapted to his physiological and psychological capabilities; and, to summarize, the adaptation of work to man and of each man to his job". This standard is based on the methodology known as Plan-Do-Check-Act (PDCA)

[edit] Relationship to occupational health psychology

Occupational health psychology (OHP), a related discipline, is a relatively new field that combines elements of occupational health and safety, industrial/organizational psychology, and health psychology.[2] The field is concerned with identifying work-related psychosocial factors that adversely affect the health of people who work. OHP is also concerned with developing ways to effect change in workplaces for the purpose of improving the health of people who work. For more detail on OHP, see the section on occupational health psychology.

[edit] Reasons for Occupational health and safety

The event of an incident at work (such as legal fees, fines, compensatory damages, investigation time, lost production, lost goodwill from the workforce, from customers and from the wider community). Legal - Occupational requirements may be reinforced in civil law and/or criminal law; it is accepted that without the extra "encouragement" of potential regulatory action or litigation, many organizations would not act upon their implied moral obligations. They recognize hazards and measure health and safety risks, set suitable safety controls in place, and give recommendations on avoiding accidents to management and employees in an organisation. This paper looks at the main tasks undertaken by OHS practitioners in Europe, Australia and the USA, and the main knowledge and skills that are required of them. Like it or not, organisations have a duty to provide health and safety training. But it could involve much more than you think. (Damon, Nadia. 2008. Reducing The Risks, Training and Coaching Today, United Kingdom, pg.14) An effective training program can reduce the number of injuries and deaths, property damage, legal liability, illnesses, workers' compensation claims, and missed time from work. A safety training program can also help a trainer keep the required OSHA-mandated safety training courses organized

and up-to-date. Safety training classes help establish a safety culture in which employees themselves help promote proper safety procedures while on the job. It is important that new employees be properly trained and embrace the importance of workplace safety as it is easy for seasoned workers to negatively influence the new hires. That negative influence however, can be purged with the establishment of new, handson, innovative effective safety training which will ultimately lead to an effective safety culture. A 1998 NIOSH study concluded that the role of training in developing and maintaining effective hazard control activities is a proven and successful method of intervention.[3]

[edit] Safety Professionals in Europe

In Norway, the main required tasks of an Occupational Health and Safety Practitioner include: Systematic evaluations of the working environment Endorsing preventative measures which eliminate reasons for illnesses in the work place Giving information in the subject of employees health Giving information on occupational hygiene, ergonomics and also environmental and safety risks in the work place (Hale A, Ytehus I, 2004, Changing requirements for the safety profession: roles and tasks, Journal of Occupational Health & Safety Australia and New Zealand) In the Netherlands, required tasks for health and safety staff are only summarily defined, and include: Voluntary medical examinations A consulting room on the work environment for the workers Health check assessments (if needed for the job concerned) (Hale, A et alia. 2004) The main influence on the Dutch law on the job of the safety professional is through the requirement on each employer to use the services of a certified working conditions service to advise them on health and safety (Hale, A et alia. 2004). A certified service must employ sufficient numbers of four types of certified experts to cover the risks in the organisations which use the service: A safety professional An occupational hygienist An occupational physician A work and organisation specialist. (Hale, A et alia. 2004) It shows in Table 1 (based on the European Network of Safety and Health Practitioner Organisations [ENHSPO] survey to) that in Norway, 37 % of Health and Safety practitioners had a MSc education level, and 14% in the Netherlands; 44% were BSc graduates and 63% in the Netherlands; and 19% were of a Technician level and 23% in the Netherlands (Hale, A et alia. 2004).

[edit] Safety Professionals in the USA

The main tasks undertaken by the OHS practitioner in the USA include: Develop processes, procedures, criteria, requirements, and methods to attain the best possible management of the hazards and exposures that can cause injury to people, and damage property, or the environment; Apply good business practices and economic principles for efficient use of resources to add to the importance of the safety processes; Promote other members of the company to contribute by exchanging ideas and other different approaches to make sure that every one in the corporation possess OHS knowledge and have functional

roles in the development and execution of safety procedures; Assess services, outcomes, methods, equipment, workstations, and procedures by using qualitative and quantitative methods to recognise the hazards and measure the related risks; Examine all possibilities, effectiveness, reliability, and expenditure to attain the best results for the company concerned (Board of Certified Safety Professionals, 2006, Examination Guide accessed 20 April at http://www.bcsp.org/bcsp/media/exam_guide.pdf) Knowledge required by the OHS professional in USA include: Constitutional and case law controlling safety, health, and the environment Operational procedures to plan/ develop safe work practices Safety, health and environmental sciences Design of hazard control systems (i.e. fall protection, scaffoldings) Design of recordkeeping systems that take collection into account, as well as storage, interpretation, and dissemination Mathematics and statistics Processes and systems for attaining safety through design (Board of Certified Safety Professionals, 2006) Some skills required by the OHS professional in the USA include (but are not limited to): Understanding and relating to systems, policies and rules Holding checks and having control methods for possible hazardous exposures Mathematical and statistical analysis Examining manufacturing hazards Planning safe work practices for systems, facilities, and equipment Understanding and using safety, health, and environmental science information for the improvement of procedures Interpersonal communication skills (Board of Certified Safety Professionals, 2006)

[edit] The differences in each location

Similar to the findings of the ENHSPO survey conducted in Australia, the Institute of Occupational Medicine found that in the UK, there is a need to put a greater emphasis on work-related illness (Anonymous. 2008. Occupational Health, Health and Safety News: In Brief, Vol 60, Iss. 3; UK. pg. 6). Its been shown that in Australia and the USA that a major responsibility of the OHS professional is to keep company directors and managers aware of the issues that they face in regards to Occupational Health and Safety principles and legislation. However, in Europe, it has been shown that this is where they are lacking. Nearly half of senior managers and company directors do not have an up-to-date understanding of their health and safety-related duties and responsibilities. (Paton, Nic. 2008. Senior Managers Fail to Show Competence in Health and Safety Occupational Health, Vol. 60, Iss. 3; pg. 6)

[edit] National implementing legislation

Different states take different approaches to legislation, regulation, and enforcement. In the European Union, member states have enforcing authorities to ensure that the basic legal requirements relating to occupational health and safety are met. In many EU countries, there is strong cooperation between employer and worker organisations (e.g. Unions) to ensure good OSH performance as it is recognized this has benefits for both the worker (through maintenance of health) and the enterprise (through improved productivity and quality). In 1996 the European Agency for Safety and Health at Work was founded. Member states of the European Union have all transposed into their national legislation a series of directives that establish minimum standards on occupational health and safety. These directives (of which there are about 20 on a variety of topics) follow a similar structure requiring the employer to assess the workplace risks and put in place preventive measures based on a hierarchy of control. This hierarchy starts with elimination of the hazard and ends with personal protective equipment. In the UK, health and safety legislation is drawn up and enforced by the Health and Safety Executive and local authorities (the local council) under the Health and Safety at Work etc. Act 1974. Increasingly in the UK the regulatory trend is away from prescriptive rules, and towards risk assessment. Recent major changes to the laws governing asbestos and fire safety management embrace the concept of risk assessment. In the United States, the Occupational Safety and Health Act of 1970 created both the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA).[4] OSHA, in the U.S. Department of Labor, is responsible for developing and enforcing workplace safety and health regulations. NIOSH, in the U.S. Department of Health and Human Services, is focused on research, information, education, and training in occupational safety and health. [5] OSHA have been regulating occupational safety and health since 1971. Occupational safety and health regulation of a limited number of specifically defined industries was in place for several decades before that, and broad regulations by some individual states was in place for many years prior to the establishment of OSHA. In Canada, workers are covered by provincial or federal labour codes depending on the sector in which they work. Workers covered by federal legislation (including those in mining, transportation, and federal employment) are covered by the Canada Labour Code; all other workers are covered by the health and safety legislation of the province they work in. The Canadian Centre for Occupational Health and Safety (CCOHS), an agency of the Government of Canada, was created in 1978 by an Act of Parliament. The act was based on the belief that all Canadians had "...a fundamental right to a healthy and safe working environment." CCOHS is mandated to promote safe and healthy workplaces to help prevent work-related injuries and illnesses. In Malaysia, the Department of Occupational Safety and Health (DOSH) under the Ministry of Human Resource is responsible to ensure that the safety, health and welfare of workers in both the public and private sector is upheld. DOSH is responsible to enforce the Factory and Machinery Act 1969 and the Occupational Safety and Health Act 1994. In the People's Republic of China, the Ministry of Health is responsible for occupational disease prevention and the State Administration of Work Safety for safety issues at work. On the provincial and municipal level, there are Health Supervisions for occupational health and local bureaus of Work Safety for safety. The "Occupational Disease Control Act of PRC" came into force on May 1, 2002.[6] and

Work safety Act of PRC on November 1, 2002.[7] The Occupational Disease Control Act is under revising. The prevention of occupational disease is still in its initial stage compared with industried countries such as the US or UK.

[edit] Identifying Safety and Health Hazards

[edit] Hazards, risks, outcomes
The terminology used in OSH varies between states, but generally speaking: A hazard is something that can cause harm if not controlled. The outcome is the harm that results from an uncontrolled hazard. A risk is a combination of the probability that a particular outcome will occur and the severity of the harm involved. Hazard, risk, and outcome are used in other fields to describe e.g. environmental damage, or damage to equipment. However, in the context of OSH, harm generally describes the direct or indirect degradation, temporary or permanent, of the physical, mental, or social well-being of workers. For example, repetitively carrying out manual handling of heavy objects is a hazard. The outcome could be a musculoskeletal disorder (MSD) or an acute back or joint injury. The risk can be expressed numerically (e.g. a 0.5 or 50/50 chance of the outcome occurring during a year), in relative terms (e.g. "high/medium/low"), or with a multi-dimensional classification scheme (e.g. situation-specific risks).

[edit] Hazard Assessment

Hazard analysis or hazard assessment is a process in which individual hazards of the workplace are identified, assessed and controlled/eliminated as close to source (location of the hazard) as reasonable and possible. As technology, resources, social expectation or regulatory requirements change, hazard analysis focuses controls more closely toward the source of the hazard. Thus hazard control is a dynamic program of prevention. Hazard-based programs also have the advantage of not assigning or implying there are "acceptable risks" in the workplace. A hazard-based program may not be able to eliminate all risks, but neither does it accept "satisfactory" -- but still riskyoutcomes. And as those who calculate and manage the risk are usually managers while those exposed to the risks are a different group, workers, a hazard-based approach can by-pass conflict inherent in a risk-based approach.

[edit] Risk assessment

Further information: Risk assessment#Risk assessment in public health Modern occupational safety and health legislation usually demands that a risk assessment be carried out prior to making an intervention. It should be kept in mind that risk management requires risk to be managed to a level which is as low as is reasonably practical. This assessment should: Identify the hazards Identify all affected by the hazard and how Evaluate the risk Identify and prioritize appropriate control measures

The calculation of risk is based on the likelihood or probability of the harm being realized and the

severity of the consequences. This can be expressed mathematically as a quantitative assessment (by assigning low, medium and high likelihood and severity with integers and multiplying them to obtain a risk factor), or qualitatively as a description of the circumstances by which the harm could arise. The assessment should be recorded and reviewed periodically and whenever there is a significant change to work practices. The assessment should include practical recommendations to control the risk. Once recommended controls are implemented, the risk should be re-calculated to determine of it has been lowered to an acceptable level. Generally speaking, newly introduced controls should lower risk by one level, i.e., from high to medium or from medium to low.