Introduction to Occupational Safety and Health Legislation

Flashcards testing knowledge on Malaysia's Occupational Safety and Health (OSH) legislation, historical background, employer and employee responsibilities, and relevant acts.

What is the definition of 'Duty of Care' in occupational safety and health?

A moral or legal obligation to ensure the safety, health, and well-being of others.

What key tragic event in 1911 in New York City highlighted the urgent need for workplace safety legislation?

The Triangle Shirtwaist Company fire, which killed 146 out of 500 employees.

According to the lecture notes, what were the annual workplace casualty statistics in the United States by the 1960s?

Every year, 14,000 workers died and more than 2.2 million workers were unable to work due to injuries and illnesses.

What are the six historical eras of Occupational Safety and Health (OSH) in Malaysia in chronological order?

1. Steam Boiler Safety Era (Before 1914)
2. Machinery Safety Era (1914 to 1962)
3. Industrial Safety Era (1953 to 1967)
4. Industrial Safety and Hygiene Era (1970 to 1994)
5. Occupational Safety and Health Era (1994 to 2014)
6. Preventive Safety and Health Era (2015 onwards)

What are the six concepts underlying Occupational Safety and Health?

1. Accident prevention is an essential part of good management and workmanship.
2. Management and workers must cooperate.
3. Top management must take the lead.
4. A defined and known safety and health policy.
5. Organization and resources to achieve policy.
6. Best available knowledge and methods.

On what date did the Occupational Safety and Health Act 1994 (Act 514) come into operation in Malaysia?

25 February 1994.

What are the dates of Royal Assent and Gazette publication for the Occupational Safety and Health Act 1994 (Act 514)?

Date of Royal Assent: 15 February 1994; Date of publication in the Gazette: 24 February 1994.

What act was passed to amend the Occupational Safety and Health Act 1994?

Occupational Safety and Health (Amendment) Act 2022 (Act A1648).

What are the four basic elements in the legal framework related to OSHA 1994?

1. Act
2. Regulation
3. Industry Code of Practice
4. Guidelines

What OSH requirements are mandated for all industries having more than 5 employees versus more than 40 employees?

More than 5 employees: Safety & Health Policy. More than 40 employees: Safety & Health Policy AND Safety & Health Committee.

What OSH requirements are mandated for high-risk industries with more than 100 or 500 employees?

Safety & Health Policy AND Safety & Health Committee AND a Certified Safety & Health Officer.

What are the four objectives of the Occupational Safety and Health Act 1994 (Act 514)?

1. To secure the safety, health and welfare of persons at work.
2. To protect others against risks to safety or health in connection with the activities of persons at work.
3. To promote an occupational environment adaptable to a person's physiological and psychological needs.
4. To provide the means towards a legislative system based on regulations and industry codes of practice in combination with the provisions of the Act.

What duties are outlined under Section 15 of OSHA 1994?

General duties of employers, which include providing and maintaining plant/system of work, safe operation/handling/storage/transport of substances, information/instruction/training/supervision, safe access/egress, and a safe working environment with adequate facilities.

What is required of employers under Section 16 of OSHA 1994?

Employers must formulate a written, up-to-date Safety and Health Policy for the organization.

What penalty is imposed under Section 19 of OSHA 1994 for contravening Sections 15, 16, 17, or 18?

A maximum fine of RM50,000 or imprisonment not exceeding 2 years or both.

What are the four general duties of employees under Section 24 (1) of OSHA 1994?

1. Taking reasonable care for the safety and health of self and others at work.
2. Co-operating with the employer or any other person in discharging duties.
3. Wearing or using any protective equipment or clothing provided by the employer.
4. Complying with any instruction or measure on OSH instituted by the employer.

What is the penalty under Section 24 (2) of OSHA 1994 for contravening employee general duties?

A fine not exceeding RM1,000 or imprisonment not exceeding 3 months or both.

What does Section 25 of OSHA 1994 state, and what is the penalty for contravention?

It prohibits employees from interfering with or misusing things provided for safety, health, and welfare. The penalty is a fine not exceeding RM20,000 or imprisonment not exceeding 2 years or both.

What protections are granted to employees under Section 27 of OSHA 1994, and what is the penalty for employer contravention?

No employer shall dismiss, injure, or alter the position of an employee who complains about safety/health hazards or acts as an OSH committee member. The penalty is a fine not exceeding RM10,000 or imprisonment not exceeding 1 year or both.

Which three main organizations constitute the Safety & Health Organization in Malaysia?

1. Department of Safety & Health (DOSH)
2. National Institute of Occupational Safety and Health (NIOSH)
3. Social Security Organization (SOCSO)

What are the primary objectives of the Factory and Machinery Act 1967?

To provide control of factories regarding matters relating to safety, health, and welfare of persons, and for the registration and inspection of machinery.

What is the objective of the Environmental Quality Act 1974 (Act 127), and which government department administers it?

To prevent, control, and abate pollution and enhance the quality of the environment in Malaysia. It is administered by the Department of Environment (DOE).