ENGINEERS IN SOCIETY

EUP 222/3

OCCUPATIONAL SAFETY AND HEALTH LAW

PART 2

LECTURER : DR. FATEHAH MOHD OMAR

EMAIL: [email protected]
 PART IV
GENERAL DUTIES OF
EMPLOYERS AND
SELF-EMPLOYED
PERSONS
PART IV – General Duties of Employers
To ensure the safety, health and welfare at work of all employees.
This applies to:-
(a) The provision and maintenance of plant and systems of work – safe and
without risks to health.
(b)Any operation, handling, storage and
transport, facilities of plant and
substances.
(c) Provision of information, instruction,
training and supervision that is
necessary related to the employees
work.
(d) Maintenance of a working condition
that is safe and without risks to health.
PART IV – Employer’s Responsibility
(Section 15-19)
• Provide a workplace free from recognized hazards and comply with OSHA
standards.
• Provide training required by OSHA standards.
• Keep records of injuries and illnesses.
• Provide a workplace free from
recognized hazards and comply with
OSHA standards.
• Provide training required by OSHA
standards.
• Keep records of injuries and illnesses.
• Provide medical exams when required
by OSHA standards and provide
workers access to their exposure and
medical records.
 PART IV – Employer’s Responsibility
(Section 15-19)
• Not discriminate against workers who exercise their rights under the Act
(Section 1(c))
• Post OSHA citations and abatement verification notices.
• Provide and pay for personal protective equipment (PPE).
Common Workplace Safety Mistakes
by Employers
1. Rushing through the training process.
2. Delaying maintenance and
inspections.
3. Neglecting near misses.
4. Substituting tools for the job.
5. Failing to invest in health and safety
systems.
Common Workplace Safety Mistakes by
Employers
1. Rushing through the safety training process.
Companies can sometimes feel pressured to
get employees up to speed as quickly as
possible. This often translates into an
expedited training process. Effective training
takes time though.
Common Workplace Safety Mistakes by
Employers
1. Rushing through the safety training process.
By taking more time to properly train employees on
workplace safety, you can make them more aware of
potential hazards and ways to handle them. Tracking
employee progress throughout safety training gives
employers further insight into how well employees grasp
the safety guidelines.
Common Workplace Safety Mistakes by
Employers
Common Workplace Safety Mistakes by
Employers
2. Delaying maintenance and inspections.
Machines with problems create a
risk for employees who use them as
well as those who work around
them. Regular maintenance and
inspections are key to identifying
potential risks and initiating
prevention tactics.
Common Workplace Safety Mistakes by
Employers
2. Delaying maintenance and inspections.
Since companies rely on machines for productivity, some
companies may hesitate to shut them down. This could
result in maintenance and inspection delays. Scheduling
inspections in advance (and sticking to the game plan) is
crucial to ensuring the smooth operation of machines and
avoiding breakdowns.
Common Workplace Safety Mistakes by
Employers
3. Neglecting near misses.

While many safety accidents result in workplace injuries,

some scenarios do not result in injuries. It is possible
these situations may be written off as there is no specific
injury to report.
Note: “Near miss” means a narrowly avoided collision or other
accident.
OSHA defines a near miss as an incident where no property
was damaged and no personal injury was sustained, but
where given a slight shift in time or position damage and/or
injury easily could have occurred.
Common Workplace Safety Mistakes by
Employers
3. Neglecting near misses.
Common Workplace Safety Mistakes by
Employers
3. Neglecting near misses.
But some companies should take these close calls, or
near-misses, seriously. Once reported, these incidents
should be investigated and tracked, as should the
corrective actions that they inspire.
Common Workplace Safety Mistakes by
Employers
4. Substituting tools for the job
To save money, alternate tools may be used to complete
jobs in the workplace. For example, a ladder may be
used instead of scaffolding on a construction site. This
swap can save money initially, but it ultimately makes
work less efficient and more dangerous – both of which
can contribute to greater costs over time.
Even if it is more expensive, the tool specific to the task is
the only one that should be used. In the long run, this
choice will optimize productivity and improve workplace
safety
Common Workplace Safety Mistakes by
Employers
5. Failing to invest to health and safety systems
There is a period of adjustment for every type of new
system a company implements.
Recognizing this, employers sometimes put such
implementations on the back burner.
Companies can, however, see a huge return on
investment when they use the right systems for each job,
including systems for health and safety systems.
Common Workplace Safety Mistakes by
Employers
5. Failing to invest to health and safety systems

Safety management software helps you keep track of

all the moving parts and avoid making mistakes. With
this technology, maintaining compliance and
ensuring the safety of employees is a simplified
process – with all the necessary data housed in one
space.
 Common Workplace Safety Mistakes by
Employers
5. Failing to invest to health and safety systems
Note: A safety and health management system means the part of the Organisation’s
management system which covers: the health and safety work organization and policy in a
company.
11 elements of a successful HSE management system
• Internal audit policy and schedule
• A way to control and distribute up-to-date documents. • List of laws and health and safety regulations for
• Safety inspection checklists compliance
• Experienced HSE Team
• Risk assessments • Measurable performance metrics
• Emergency response plan • Regular meetings and communications strategy
• Training program and documentation system • Regular management review
 PART VI
Employee’s
Responsibility
(Section 24 – 27)
PART VI – Employee’s Responsibility
(Section 24 – 27)
• Not only does the Act set down the responsibilities of the
Employer, it also details the responsibilities of the employee to
ensure a safe working environment.
• The Act states that an Employee must:
- Take care to protect their own health and safety.
- Not endanger the health and safety of others through their
actions or lack of action.
- Use any safety equipment provided.
- Follow Health and Safety instructions given by Supervisors or
Employer.
PART VI – Employee’s Responsibility
(Section 24 – 27)
- Not come to work under the influence of drugs or alcohol.
- Report any work place health and safety hazards as they
become aware of them.
- Cooperate with the employer or other persons at the place of
work.
- Not to interfere with or misuse things provided for health, safety
and welfare.
- Not hinder aid to an injured worker.
- Not to refuse assistance in either receiving aid or giving aid.
- Not to disrupt the workplace by creating health or safety fears.
DEPARTMENT OF
SAFETY AND
HEALTH
MALAYSIA
 DEPARTMENT OF SAFETY AND HEALTH
• The DOSH is a department under the Ministry of Human
Resources Malaysia.
• The department is responsible for ensuring the safety, health
and welfare of people at work as well as protecting other
people from the safety and health hazards arising from the
activities sectors which include:
• Manufacturing • Transport, Storage and Communication
• Public Services and Statutory Authorities
• Mining and Quarrying
• Utilities – Gas, Electricity, Water and Sanitary
• Construction Services
• Hotels and Restaurant • Finance, Insurance, Real Estate and Business
Services
• Agriculture, Forestry and Fishing • Wholesale and Retail Trades.
DEPARTMENT OF SAFETY AND HEALTH

• Enforcement and promotional works that employers, self-

employed persons, manufacturers, designers, importers,
suppliers and employees always practice safe and healthy
work culture, and always comply with existing legislation,
guidelines and codes of practice.
• 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.
DOSH Seals 14 unsafe worksites in Penang
Wednesday, 06 Mar 2019

Fourteen construction sites in Penang

have been closed off due to safety
violations in the past two weeks, DOSH
revealed today.
Penang DOSH said they conducted
surprise checks on 29 constructions sites in
the state since February 24.
DOSH had issue 78 warning notices to
work sites with potentials for safety
violations and 55 other notices to
contractors that had committed safety
violations.
DOSH Seals 14 unsafe worksites in Penang
Wednesday, 06 Mar 2019

There are currently 359 high-risk work sites

in the state but we only have 10 officers
to check on these sites so we will
conduct regular checks on each of these
sites.