HOW DOSH IMPLEMENT SELF-

REGULATION APPROACH IN
ENFORCING OSHA

- SHARING OF EXPERIENCE

Ir. AHMAD ZAIDI BIN MD DIN

DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)
PUTRAJAYA
INTRODUCTION – OHS LEGISLATION DEVELOPMENT
IN MALAYSIA
1890
•• The
The Perak
Perak Order
Order In
In Council,
Council,

•• Selangor
Selangor Boiler
Boiler Enactment
Enactment
1892

•• Negeri
Negeri Melayu
Melayu Bersekutu
Bersekutu has
has been
been
1908 enforced by Perak Order Council
enforced by Perak Order Council

•• Machinery
Machinery Enactment
Enactment of
of 1913
1913
1913

Boiler + Machinery + Industrial + Hygiene Safety

•• Machinery
Machinery Enactment
Enactment of
of 1932
1932 under
under
1932 Mineral Department.
Mineral Department.

Boiler + Machinery + Industrial Safety

Boiler Safety + Machinery Safety

Occupational Safety And Health
•• The
The Machinery
Machinery Ordinance
Ordinance has
has been
been
1953 enforced.
enforced.

Factory
Factory && Machinery
Machinery Act1967
Act1967 (By
(By Department
Department
1967 of
of Factory
Factory && Machinery
Machinery –– JKJ)

Boiler Safety
JKJ)

1994 Occupational
Occupational Safety
Safety && Health
Health Act
Act 1994
1994
 CONVENTIONAL OSH SYSTEMATIC APPROACH

1876 1967 1994 2016 2020

Pre-Independence Post-Independence Self-Regulation Preventive

Culture
 Control by colonial system  Est. Factory &  Est. National Council for
(British) Machinery Dept  Safety
OSH (NCOSH)
 Focus on rubber & tin  Est. National Institute elements
 Developed national OSH
industries (immigrant Of Occupational integrate
strategy & program (OSH
workers) Safety and Health into daily
Master Plan)
 First appointed Boiler 1985 business
 Formation of :
 Developed OSH MS
Inspector in 1878  Promote Tripartisme
 In 1913, scope of an - Major Hazards Div.
- Ind. Safety Div. Negotiations and
inspector was expand to
- Ind. Hygiene Div. Cooperation
other dangerous
- Off-Shore Div.
machinery
- Health Div.
- Etc.
 Policy review

STANDARD SETTING
 Develop OSH Regulations, Code of Practise, Guidelines
DOSH CORE BUSINESS  Statistics: Collection & Analysis
- Accident cases
- Occupational diseases
- Enforcement Data & Promotion

Approvals
ENFORCEMENT  Registrations
 Recognition and Certification DOSH
 Inspection
 Investigation
CORE
 Prosecution ACTIVITIES

World OSH Day

 OSH Week
PROMTION

 National OSH Excellent Awards

 Campaign and Safety Talks
 Workshop
 Seminars
Road show
 Association / NGO training Program
DOSH AUTHORITIES

Petroleum Act (Safety Occupational Safety and

Factory and Health Act 1994
Machineries Act Measures) 1984
(Act 302) (Akta 514)
(Act 139)

OBJECTIVES

To ensure the safety, health and welfare of employess

Factory and Machinery Act 1967

 Scopeapplies to Factory, Constructions & Work of

Engineering, Mining, Quarry and Machineries
 Too prescriptive
 Toodependent on Government (inspectors of factory
and machineries)
THE OCCUPATIONAL SAFETY AND HEALTH ACT 1994

To secure the safety,

health and welfare of
E S person at work place

TI V
JE C
OB
To promote occupational
To protect persons
environment adapted to
at work place against
physiological and
RISK
psychological needs

OSHA
1994 To provide means of OSH
framework legislation to
improve the standard of safety
and health
PHILOSOPHY AND PRINCIPLE OF OSHA

Responsibility to
ensure safety and
health lies to the Cooperation
Self between
person who create
Regulations Employer,
and work with the Employees and
RISKs Govt

Negotiations and Consultations

SELF REGULATION CONCEPT
OSHA 1994 AIMS :
• Shifting the OSH responsibility from the Government to
the industry

100 %

INDUSTRY
RESPONSIBILITY

GOVERNMENT

0%
now future
SCOPE OF OSHA

Schedule 1, OSHA

Argriculture, Transport,
Manufacturing Forestry and Storage and
Fishing Communication

Utilities :
Public Services
Mining and Hotel and Electicity, and Statutory
Restaurant Authorities
Quarry Gas, Water and
Sanitary Services

Finance, Insurance,
Wholesale and
Retails Trade Ral Estate and
Construction
Business Services
OSHA DOES NOT APPLY TO :

ARMED
FORCES
WORKING ON SHIP
WORKING IN SHIP GOVERN BY
(GOVERN BY MERCHANT SHIP
MERCHANT SHIP ORDINANCE
ORDINANCE 1952 SABAH/SARAWAK
1960
SALIENT PROVISION OF OSHA

• National Council for OSH

• General duties of -
- employers, self-employed
- designers, manufacturers and suppliers
- employees
• Safety and Health Organization
• Reporting of accident, dangerous occurrence, occupational poisoning
and disease
• Prohibition of the Use of Plant or Substance
• Industry Code of Practice
• Enforcement and Investigation
• Liability for offences
• Appeals
• Penalties
GENERAL DUTIES OF EMPLOYERS AND
SELF-EMPLOYED PERSONS

As far as practicable -

 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
SAFETY AND HEALTH POLICY

 Employer responsibility Sect 16 OSHA

 Safety and Health Policy :-

 Statement of Intent and Commitment towards safety and
health
 Basis in OSH Management System
 Spell out measure to be taken
 OSH objectives should be clear
 Communicate to every employees
 Signed by top management
 tiv es
b jec
O

e nt
a g em
m an
Top

Dated
Establishment of Safety and Health
Organization
 Sect. 29 OSHA – appointment of Safety and Health Officers (SHO) –
applies to factory and constructions sectors

 Sect. 30 OSHA – formulation of Safety and Health Committee (SHC)

 Every workplace , employees > 40 persons
 Functions of SHC :-
 To keep under review measures taken to ensure safety and health
at work

 To investigate any safety and health matter brought to attention

of employer
DEFINITION OF SAFETY AND HEALTH COMMITTEE
“A GROUP OF RESPONSIBLE PEOPLE
COMMITED IN THEIR ALL OUT EFFORT
TO PROVIDE A SAFE AND HEALTHY
WORKPLACE”

OBJECTIVES OF SAFETY AND HEALTH COMMITTEE

 To promote consultation and corperation between management and workers in upgrading

safety and health at work

 To provide a two-way communication channel for dissemination of information on safety

and health issues

 To enhance interest and motivation of all groups of management and workers at workplace
of work in safety and health
APPOINTMENT OF COMPETENT PERSONS

 Safety and Health Officers (SHO) – Sect 29 OSHA

 Noise Competent Persons – Noise Exposure Regulations
 Chemical Health Risk Assessor – USECHH Regulations 2000.
 Site Safety Supervisor – BOWEC Regulations 1986
 Hygiene Technician - USECHH Regulations 2000
 SAFETY AND HEALTH OFFICER – DETAILS
PROVISION UNDER THE ACT

OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND

HEALTH OFFICER) ORDER 1997

OCCUPATIONAL SAFETY AND HEALTH (SAFETY AND

HEALTH OFFICER)
REGULATIONS 1997
SAFETY AND HEALTH OFFICER order 1997
The employer of the following class of industry shall employ a full time SHO

Class of Industry description

Construction Total contract cost > RM20million
Ship building Employed > 100 employees
Gas processing plant or Employed > 100 employees
Petrochemicals
Chemical and allied industry Employed > 100 employees
Boiler or pressure vessel Employed > 100 employees
manufacturer
All metal industries Employed > 100 employees
All wood working Employed > 100 employees
Any cement manufacturing Employed > 100 employees
All other manufacturing activity Employed > 500 employees
 DUTIES OF SHO AS STIPULATED UNDER
a.OSHA
to advise employer on the measures to be taken in the interests of safety and
health
b. to inspect place of work to determine any hazard liable to cause bodily injury
c. to investigate any accident, near miss, dangerous occurrence, poisoning or
disease
d. to assist employer or S&H Committee in organizing and implementing OSH
program
e. to become the secretary of a S&H Committee
f. to assist the S&H Committee in inspections
g. to collect, analyse and maintain statistics
h. to assist any officer in carrying his duty under the Act and regulations
i. to carry out any other instruction made by the employer on any matters
pertaining to safety and health at workplace

(Reg 18)
INTRODUCTION TO OSHMS

WHAT IS OSHMS?
A CORDINATED & SYSTEMATIC
APPROACH TO MANAGING
SAFETY AND HEALTH RISKS

REQUIRES A COMPREHENSIVE
AND SYSTEMATIC PROCESS FOR
THE ONGOING IDENTIFICATION
AND ASSESSMENT OF
WORKPLACE HAZARDS AND
RISKS CONCEPT
OSHMS VS OSHA
PDCA CONCEPT

ACT

DO
PLAN

CHECK
 CRITICAL ELEMENTS

i. OSH POLICY
ii. EMPLOYEE PARTICIPATION
iii. RESPONSIBILITY, ACCOUNTABILITY & AUTHORITY
iv. COMPETENCE, TRAINING & AWARENESS
v. INITIAL REVIEW
vi. OSH OBJECTIVES
vii. HAZARD IDENTIFICATION, RISK ASSESSMENTS & RISK
CONTROLS
viii. EMERGENCY PREPAREDNESS & RESPONSE
ix. PERFORMANCE MONITORING & MEASUREMENT
x. CONTINUAL IMPROVEMENT
 PDCA CONCEPT
PDCA CYCLE & ELEMENTS
SINCE OSH MS IS A MANAGEMENT SYSTEM SO GENERALLY FOLLOW
A “PLAN-DO-CHECK-ACT” MODEL / BASED ON “IMPROVEMENTS
CYCLE”

 SET UP OSH TARGET & PLAN HOW TO REACH THE TARGET

 EXECUTE THE PLANS
 CHECKS THE RESULTS
 ACT ON DEVIATIONS
EXAMPLE OF OSHMS
MS 1722 : 2011
REQUIREMENTS

ANSI /AIHA Z10 - OHSAS 18001:

2005 2007

OCCUPATIONAL
SAFETY AND
HEALTH
MANAGEMENT
ILO-OSH 2001: SYSTEM
GUIDELINES ON
OCCUPATIONAL
SS 506 PART
SAFETY AND 1:2009
HEALTH
MANAGEMENT
SYSTEM

AS/NZS 4804: 1997

PRO/CONTRA OF OSHMS

OSHMS
PRO CONTRA
i. IMPROVEMENTS OF : i. HIGH COST FOR
SAFETY
HEALTH CERTIFICATION
RELATIONS ii. REQUIRE
MORALE
IMAGE MAINTENANCE
 AWARENESS OF REGULATORY iii. FOCUS ON
REQUIREMENTS
DOCUMENTATION
ii. HELP LOWER
INSURANCE
PREMIUM
iii. GOOD BUSINESS
PROCESS FLOW FOR IMPLEMENTING OSHMS
Declaration of Safety and Health Policy
Basic
Requirements

Identification of Hazards
OSH Structure
Assessment of Risks

Establishment of Occupational Safety and Health Objectives

Communication
Development of Occupational Safety and Health Plan
Responsibility
Emergency Prevention, Preparedness and
Response
Training

Implementation of Occupational Safety and Health Plan

Routine Monitoring And Improvement

Worker Participation
Investigation of Work-related Accidents, Incidents and
Diseases
Documentation
Performance Monitoring and Measurement
Recording

Audit

Preventive and Corrective Action

Management Review
HIRARC – Hazard Identification, Risk
Assessment and Risk Control
A tool to : -
 Identify hazards
 Evaluate risks
 Establish risk control
 Prioritize risk control
HIRARC is developed (OSHA 1994- Sec 15(2a & 2b)) to control risk.
15.(2)(a).Provide & maintain plant and system of work
15.(2)(b). Make arrangements for the safe use, operation and handling, storage and transportation of
substances and plant

Requirement under OSH Management Systems – MS 1722, OHSAS 18000 and other management system
OSHMS - conclusion

COMPLY TO
REGULATORY REQUIREMENTS

PRACTICE
SELF- REGULATION
OSHM
S
SYSTEMATIC & DOCUMENTED
SYSTEM
OSHMS - conclusion

 OSHMS - MANY BENEFITS

 OSHMS (MS 1722: 2011) – TOOLS FOR

 SELF-REGULATION
 SYSTEMATIC MANAGEMENT
SYSTEM
FOR OSH
DOSH OBJECTIVE
DOSH --- WAY FORWARD
 Develop new OSH Master Plan 2020 (OSHMP2020 ; 2016-2020)
 Strengthen Government Leadership in OSH
 Strengthen Industry Leadership in OSH
 Enforcement Uniformity Model – Risk Based Enforcement
 Selective sector/industry

 Migrating FMA with OSHA – to further widen the scope and concept of
self regulations – soon
 Outsourcing

 Delegation of powers
 Enhancing and promoting OSH in Small Medium Enterprises
 Coaching and Mentoring program
CONCLUSION

 Self regulations in OSHA is well adapted and developing

 Good OSHMS practice – better compliances of OSHA,
reduce accident and fatality
 Close cooperation between Government, Industry Key
Player and Workers is essential to encourage self
regulations concept in OSH
 OSHMS if excellently implemented can mature the self-
regulations concept
THANK YOU FOR YOUR AT

Ir. Ahmad Zaidi Bin Md Din

SME & Other Sectors Division
Department of Occupational Safety and
Health
Level 2, 3 & 4, Block D3, Complex D,
Federal Government Administrative Center,
62530 PUTRAJAYA
03-88865300
[email protected]
Q&A