1.Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. Reason why we need OSHA standard?
Moral•An employee should not have to risk injury at work, nor should others associated with the work environment Economic•poor occupational safety and health performance results in cost to the State Legal•Occupational safety and health requirements may be reinforced in civil law and/or criminal law; it is accepted that without the extra "encouragement" of potential regulatory action or litigation, many organizations would not act upon their implied moral obligations
a.ILO/WHO (1995) highlights: Occupational health should aim at: the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations.
a.Legislation is law which has been promulgated by a legislature or other governing body. b.Why government introduce legislation ?
i. To make safety and health issues mandatory for employers and employees
c.Types of Legislation
ActsActs are laws that are passed by parliament and are very general in terms. Acts describe general duties.
Acts may be repealed or cancelled but are more often replaced by later Acts. They can also be amended to keep them up to date
RegulationsRegulations are laws written under the authority of an Act. They give detailed or technical effect to the Act
If a person does not comply with a regulation they can be prosecuted Regulations describe specific obligations
Codes of PracticeA code of practice is written to give people practical guidance on how they can comply with general duties and obligations. In most cases, a code is written for the guidance of employers and should be followed unless it can be shown that the duty in the Act can be achieved in another way StandardsStandards ensure the production and delivery of safe, high quality goods and services. Standards are developed by various bodies such as SIRIM Berhad and the National Institute of Occupational Safety and Health (NIOSH), Malaysia. Guidance Notes, Strategies, Policies and Statements
3.Governing of Laws
a.Factory and Machinery Act 1967
i.It sets out a framework for participatory decision making at both the government and workplace level. b.Occupational Safety and Health Act 1994 (Act 514)
i.To make further provision for securing that safety, health and welfare of persons at work ii.To establish the National Council for Occupational Safety and Health and for matters connected therewith. iii.The list of regulations under this Act- Occupational Safety and Health •Employers' Safety and Health General Policy Statements-(Exception) Regulations 1995 •Control of Industry Major Accident Hazards - Regulations 1996 •Safety and Health Committee - Regulations 1996
•Classification, Packaging and Labelling of Hazardous Chemicals - Regulations 1997 •Safety and Health Officer - Regulations 1997
•Prohibition of Use of Substance - Order 1999
•Use and Standards of Exposure of Chemicals Hazardous to Health - Regulations 2000 •Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease - Regulation 2004 c.Maritime Law & SOLAS
•National Maritime Law includes norms from various branches of the law. •This is due to the complexity of maritime operations and the need to cover the broad set of questions linked to activities at sea.
ii.International public law
•International public Maritime Law is characterized by the quantity and complexity of regulations on the use of the World Ocean. • It developed gradually in response to prevailing conditions. There were two distinct stages in the history of its development. •the UN Convention on the Law of the Sea of 1982. Initially 119 states were signatories to it and there are now...