The Roben’s report on "Safety and Health at Work" was published in June 1972 after 2 years of studies and forms the basis of much of the modern Health and Safety Legislation. Roben’s Report 1972 led to the controversially constitute the idea of self-regulation by employers. The Report itself led to the Health and Safety at Work Act 1974 and basis of the Health and Safety Commission and the Health and Safety Executive. Malaysia’s OSH 1994 use Roben’s Report as guidelines for the Occupational Safety and Health Management.
Lord Roben’s Report 1972
This report stated that:
1. The main reason why accident happen is because of apathy; 2. There were too many laws on OSH;
3. These law were difficult to understand and intrinsically unsatisfactorily; 4. Safety and health at work were primarily a matter of detailed regulation by external agencies and workers responded to regulation per se; 5. OSH was about inspectors enforcing regulations;
6. Legislation only covered some industries, workers and hazards (selective); 7. Existing law did not stress on attitude, ability, and performance of individual and the efficiency of system they worked in.
Results and conclusions of the report
This is the result and conclusion made by Lord Roben and his committee: 1. There was too much law.
2. Law should be simplified.
3. The balance between "prescriptive" and "goal setting" legislation needed to shift towards the latter. 4. Framework law should be supported by specific Regulations, Codes of Practice and Guidance where necessary and appropriate. Voluntary Standards would form the next tier in this scheme. 5. The Inspectorate should be reformed.
The find in the report concluded that Safety and Health legislation the UK needed a radical overhaul and improvement. This is led to the formation of a new legislation and guideline that are more self-regulation and can be understood by all employer and employee at that time.
Lord Roben’s committee recommended
1. There should be more self-regulation by employer and employee; 2. There should be a single, comprehensive act dealing with occupational safety and health which should contain a clear statement of the basic principle s of responsibility of employers, employees and manufacturer, based on common law.
Occupational Safety and Health Act 1994 (Act 514)
OSHA 1994 put into force on 24 February 1994. This Act provide a legislative framework to stimulate and encourage high standards of safety and health at work. It also promote safety and health awareness and establish effective safety organization through self-regulation. Consists of 15 parts. This enable to measure superimposed over existing safety and health regulations. OSHA provisions prevail in the event of any conflict. This act defines general duties of employers, manufactures, employees, the self-employed, designers, importers and suppliers. Covers all sectors except the armed forces and work on board ships which is: a. Merchant shipping ordinance 1952
b. Merchant shipping ordinance 1960
This legislation was made considering the fact that the Factory and Machinery Act 1967 only covers occupational safety and health in the manufacturing, mining, quarrying and construction industries, whereas the other industries are not covered. The purpose of Occupational Safety and Health Act 1994 is to promote and encourage occupational safety and health awareness among workers and to create organization along with effective safety and health measures.
Objective of OSH Act 1994
1. To ensure the safety, health and welfare of persons against risks from work activity 2. To protect persons other than persons at work
3. To promote and environment which is adapted to physiological and psychological needs 4. To provide the means to progressively replaced legislation by a system of regulation and approved industry