Summary of Occupational Safety And Health Act 1994
1. Objectives of Act are:
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for securing the safety, health and welfare of persons at work; |
| protect persons at a place of work other than employees; |
| promote a suitable environment for persons at work; |
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enable previous legislation to be replaced by regulations and approved industry codes of practice operating in combination with the OSH Act 1994 |
2. Duties of employers and self-employed persons to their employees
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ensure, so far as is practicable, the safety, health and welfare at work of all his employees; |
| the provision and maintenance of plant and systems of work to ensure safety and without risks to health; |
| make arrangements for safety and absence of risk to health in the use of plant and substances; |
| provide information, instructions, training and supervision to ensure safety and health; |
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maintenance of place of work and working environment to ensure safety and without risk to health |
3. An employer must prepare a written safety policy, keep it updated as and when required, and it to the notice of his employees
4. Duties of employers and self-employed persons to persons other than their employees:
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conduct his activities, so far as is practicable, that others are not exposed to risks of their safety and health; |
| provide information on safety and health to those who may be affected by his activities |
5. Duties of designers, manufacturers and suppliers:
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that the plant is designed and constructed to be safe and without risk to health when properly used; |
| carry out testing and examination as may be necessary required by design; |
| make available adequate information for the user including condition of use regarding its safety and risks to health; |
| duty of the person who design and manufacture the plant to carry out any research to minimise risk to safety and health in the use of the plant; |
| it is the duty of the person who erects or installs the plant to ensure that nothing in the way in which it is installed makes it unsafe or risk to health when properly used |
6. Duties of formulators, manufacturers, importers and suppliers of substances for use at work:
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ensures that the substance is safe and without risks to health when properly used; |
| carry out testing and examination to conform to above; |
| provide adequate information in connection with the safety and health risk of the substance; |
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duty of the person who manufacture or supply to carry out research to eliminate or minimise risk to safety or health on the use of the substance |
7. Penalty for non compliance of item 5 and 6 above is RM20k and jail term not exceeding 2 years or both
8. Duties of employees:
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take reasonable care of his own safety and health and others that may be affected by his actions; |
| cooperate with his employer to comply by the Act and its regulations; |
| wear or use protective equipment provided by the employer; |
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comply with instructions instituted by the employer on occupational safety and health |
9. Penalty for contravening the provisions is a fine of RM1k and jail term not exceeding 3 months or both
10. Person who intentionally, recklessly or negligently interferes with or misuses anything provided or done in the interest of safety, health and welfare in pursuance of this Act shall be guilty of an offence who can be fined RM20k and jail term not exceeding 2 years or both
11. No employer shall levy on his employee any actions done in pursuance of this Act or its regulations
12. An employee cannot be penalised if he makes a compliant on a matter he considers not safe, becomes a member of a safety and health committee or exercises his functions as a member in the committee
13. The minister has the authority to make regulations requiring medical surveillance for employees in certain industries
14. Notification of accidents, dangerous occurrence, occupational poisoning and occupational diseases:
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an employer must notify the nearest DOSH office of any such incidences or if such incidences are likely to occur; |
| a registered medical practitioner or medical officer who attended to a patient whom he believes is suffering for a occupational disease listed in the Third schedule of the Factories and Machinery Act 1967 must report to the matter to the DG |
Summarised by: SKC Cemerlang Technical Sdn Bhd, Malaysia (E-mail: enquiry@skcct.com)
Disclaimer:- The authors do not guarantee the correctness of the information above. Please refer to the original Act or Regulations or Order. Reference: Malaysian OSHA, OS&H Act 1994, Dept. DOSH / JKKP
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