OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Duties and Responsibilities

Employer

The Act requires you to :
a.  Provide and maintain palnt and safe systems of work that are safe and risk-free.
b.  Make arrangements for ensuring safety and health in connection with the use or operation, handling, storage and transportation of plants and substances.
c.  Provide information, instruction, training and supervision to ensure employees perform their work in a safe manner and without risk to health
d.  Maintain a place of work that is safe and without risks to health including means of access and agress
e.  To provide and maintain a working environment that is safe and without risks to health with adequate health facilities
f.  Penalty for failure to comply is RM50,000 or TWO YEARS IMPRISONMENT or BOTH.

Employee

The Act requires you to :
a.  Take reasonable care at work for your own safety and that of others
b.  Cooperate with the employer or any other person in he discharge of any duty, under the Act or its Regulations
c.  Wear or use any protective equipment or clothing
d.  Comply with any instruction or measure on occupational safety and health as required under the Act or its Regulations
e. Penalty for failure to comply is RM 1, 000 or THREE MONTHS IMPRISONMENT or BOTH

Designer/Manufacturer/Formulator/Importer/Supplier

The Act requires you to :
a.   Ensure that the plant or substance is safe without risks to health when properly used
b.  Carry out or arrange for carrying out of necessary testing and examination on the plant or substance
c.  Provide adequate information on the use of such plant or substance so that it will be safe and without risk to health when properly used
d.  Carry out or arrange for the carrying out of necessary research to eliminate or minimise any risk to safety or health to which the design or plant may give rise
e.  Erectors or installers of plants should ensure safe erection and installation of plant for use by persons at work
 

PENALTY OF FAILURE TO COMPLY IS RM20,000 OR TWO (2) YEARS IMPROSONMENT OR BOTH

Provisions of the OSHA 1994 are based on the SELF REGULATIONS approach, which is primarily where responsibility to ensure safety and health at work lies with those create the risks and those who work with the risks

The concept of self-regulation encourages consultation, cooperation and participation of workers and management in efforts to upgrade the standard of safety and health at the workplace