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Topic 1 Introduction to occupational health and safety

Topic Outcome  At the end of this learning, students should be able to summarize:  The important of OSHA and their history  The responsibilities of both employer and employee towards a safe workplace  Safety legislations in Malaysia

2

The Importance of OSH/ Overview of Workplace Safety  Once upon a time…  Accident were regarded as part of the job  Usually blame on the carelessness of the workers  Safety was regarded as something for sissies

3

Before OSHA • 14000 employees died annually from job related injuries and illness • Nearly 2.5 million employees were disabled • 300000 new cases of occupational diseases  OSHA began because, until 1970, there were no national laws for safety and health hazards.  On average, 15 workers die every day from job injuries  Over 5,600 Americans die from workplace injuries annually  Over 4 million non-fatal workplace injuries and illnesses are reported

://www.youtube.com/watch?v=Lwc4IYKIHBo&t=331s

OSHA Occupational Safety and Health Administration

WHAT IS OSHA? WHAT DOES IT DO?

History of OSHA  An agency of the U.S. Department of Labor  OSHA’s responsibility is worker safety and health protection  On December 29, 1970, President Nixon signed the OSH Act  This Act created OSHA, the agency, which formally came into being on April 28, 1971

8

Types of hazard • Physical • Chemical - Pesticides/herbicides • Biological • Psychological • Ergonomic

• Toxic substances • Hazardous equipment • Electrical hazards • Slips, trips and falls • Hazardous waste • Infectious disease • Fire hazards • Machine hazards • Confined spaces

Who is not covered by OSHA? • Self employed • Farms employing only family members

OSHA’s Mission  The mission of OSHA is to save lives, prevent injuries and protect the health of workers.  Some of the things OSHA does to carry out its mission are:

 developing job safety and health standards and enforcing them through worksite inspections,  maintaining a reporting and recordkeeping system to keep track of job-related injuries and illnesses, and  providing training programs to increase knowledge about occupational safety and health

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OSHA standard • Regulations • What employers must do • Some are generals - (eg hazard communication), some are specific (eg fall protection) • Minimum levels of protection

OSHA’s Standard  There are 8 common OSHA standards that apply to all nonproduction laboratories (cover the major hazards that workers are most likely to encounter in their daily tasks). I.

The Occupational Exposure to Hazardous Chemicals in Laboratories standard (29 CFR 1910.1450) II. The Hazard Communication standard (29 CFR 1910.1200) III. The Bloodborne Pathogens standard (29 CFR 1910.1030) IV. The Personal Protective Equipment (PPE) standard (29 CFR 1910.132) V. The Eye and Face Protection standard (29 CFR 1910.133) VI. The Respiratory Protection standard (29 CFR 1910.134) VII. The Hand Protection standard (29 CFR 1910.138) VIII. The Control of Hazardous Energy standard (29 CFR 1910.147) 19

OSHA’s Standard  In addition to the standards listed above, other OSHA standards:  electrical safety (29 CFR 1910 Subpart S-Electrical);  fire safety (Portable Fire Extinguishers standard, 29 CFR 1910.157); and  slips, trips and falls (29 CFR 1910 Subpart D – WalkingWorking Surfaces, Subpart E - Means of Egress, and Subpart J General Environmental Controls).

 These standards pertain to general industry, as well as laboratories.

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OSHA’s Standard I.

The Occupational Exposure to Hazardous Chemicals in Laboratories standard (29 CFR 1910.1450):  

Commonly referred as Lab standard Requires Chemical Hygiene plan (CHP)

II. The Hazard 1910.1200):  

Communication

standard

(29

CFR

First issued in 1983 Requires evaluating the potential hazards of chemicals, and communicating information concerning those hazards and appropriate protective measures to employees.

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OSHA’s Standard III. The Bloodborne 1910.1030):  

 

Pathogens

standard

(29

CFR

Requires employers to protect workers from infection with human bloodborne pathogens in the workplace. Covers all workers from exposure to blood or other potentially infectious materials (OPIM). Employer must develop a written exposure control plan (ECP) to provide a safe and healthy work environment. Also requires employers to provide and pay for appropriate PPE for workers.

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OSHA’s Standard IV. The Personal Protective Equipment (PPE) standard (29 CFR 1910.132): 

Requires that employers provide and pay for PPE and ensure that it is used.

V. The Eye and Face Protection standard (29 CFR 1910.133): 

Requires employers to ensure that each affected worker uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.

23

OSHA’s Standard VI. The Respiratory Protection standard (29 CFR 1910.134): 

Requires that an appropriate and suitable respirator be provided to each worker when such equipment is necessary.

VII. The Hand Protection standard (29 CFR 1910.138): 

Requires employers to select and ensure that workers use appropriate hand protection when their hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes

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OSHA’s Standard VIII. The Control of Hazardous Energy standard (29 CFR 1910.147)  

 

Often called the “Lockout/Tagout” standard, Establishes basic requirements for locking and/or tagging out equipment while installation, maintenance, testing, repair, or construction operations are in progress. The primary purpose of the standard is to protect workers from the unexpected energization or startup of machines or equipment, or release of stored energy. The procedures apply to the shutdown of all potential energy sources associated with machines or equipment, including pressures, flows of fluids and gases, electrical power, and radiation. 25

• Factories and machinery acts FMA 1970 - Workers in a workplace without machine are not protected by the act • OSHA Act, 1970 - Assure as far possible `every working man and woman in the nation safe and healthful working condition

Employer’s Right and Responsibilities  Under OSHA, each employer have responsibilities to:

1. Provide a workplace free from recognized hazards and comply with OSHA standards 2. Provide training required by OSHA standards 3. Keep records of injuries and illnesses    

Report each worker death Report each incident that hospitalizes 3 or more workers Maintain injury & illness records Inform workers how to report an injury or illness to the employer  Make records available to workers  Allow OSHA access to records  Post annual summary of injuries & illnesses

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Employer’s Right and Responsibilities 4. Provide medical exams when required by OSHA standards and provide workers access to their exposure and medical records 5. Not discriminate against workers who exercise their rights under the Act (Section 11(c)) 6. Post OSHA citations and abatement verification notices 7. Provide and pay for PPE (Personal Protective Equipments) •

Rule was effective on February 13, 2008 and implemented by May 15, 2008.

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Employee’s Right and Responsibilities  As an employee, we have right to: a. A safe and healthful workplace

b. Know about hazardous chemicals 

Employers must have a written, complete hazard communication program that includes   

Container Labeling Material Safety Data Sheet (MSDS) Training (physical/health hazard, specific procedure, work practices, PPE, emergency procedures)

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Employee’s Right and Responsibilities  As an employee, we have right to:

c. Information about injuries and illnesses in your workplace 

 

OSHA’s Recordkeeping rule requires most employers with more than 10 workers to keep a log of injuries and illnesses. Workers have the right to review the current log, as well as the logs stored for the past 5 years. Workers also have the right to view the annually posted summary of the injuries and illnesses (OSHA 300A).

d. Complain or request hazard correction from employer

 Workers may bring up safety and health concerns in the workplace to their employers without fear of discharge or discrimination, as long as the complaint is made in good faith.  OSHA regulations protect workers who complain to their employer about unsafe or un-healthful conditions in the workplace.

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Employee’s Right and Responsibilities  As an employee, we have right to: d. Training 

Workers have a right to get training from employers on a variety of health and safety hazards and standards that employers must follow.

e. Hazard exposure and medical records  

right to examine & copy records Examples of toxic substances and harmful physical agents are: Metals and dusts, (such as, lead, cadmium, and silica), Biological agents, (such as bacteria, viruses, and fungi) and Physical stress (such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation).

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Employee’s Right and Responsibilities  As an employee, we have right to: f. File a complaint with OSHA   

Workers may file a complaint with OSHA if they believe a violation of a safety or health standard, or an imminent danger situation, exists in the workplace. Workers may request that their name not be revealed to the employer. If a worker files a complaint, they have the right to find out OSHA’s action on the complaint and request a review if an inspection is not made.

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Employee’s Right and Responsibilities  As an employee, we have right to: g. Participate in an OSHA inspection   



Employee representative can accompany OSHA inspector Workers can talk to the inspector privately. Workers may point out hazards, describe injuries, illnesses or near misses that resulted from those hazards and describe any concern you have about a safety or health issue. Workers can find out about inspection results, abatement measures and may object to dates set for violation to be corrected.

34

Employee’s Right and Responsibilities  As an employee, we have right to: h. Be free from retaliation for exercising safety and health rights 

  

Workers have the right to be free from retaliation for exercising safety and health rights. Workers have a right to seek safety and health on the job without fear of punishment. This right is spelled out in Section 11(c) of the OSH Act. Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights.

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Three basic strategies of OSHA

• 1- uses enforcement that is strong, fair and effective • 2- provides outreach, education, and compliance assistance • 3- utilize partnership, alliances and other cooperatives and voluntary program

Enforcement • Conduct inspections • Investigate complaints • Random inspections • Injury rates • Issues citations and fines

Consultation • OSHA provides assistance • Free compliance help • Separated from enforcement • Confidential • Employers agree to remedy

Complaints • By phone, fax, mail or online • Formal - with name • Anonymous- non formal • All complaints prioritized

Workplace Inspection  How’s OSHA inspection being conducted?  The OSH Act authorizes OSHA compliance safety and health officers (CSHOs) to conduct workplace inspections at reasonable times.

 OSHA conducts inspections without advance notice, except in rare circumstances  In fact, anyone who tells an employer about an OSHA inspection in advance can receive fines and a jail term.

40

Inspection priorities • Imminent danger • Fatalities and catastrophes • Employee complaints • Referral • Programmed • Follow up

st 1

priorities- imminent danger

• Reasonable certainty that danger exists

nd 2

priority- fatalities and catastrophes

• Hospitalization of 3 or more employee • Loses of limbs and arms • Loses of eyesight

rd 3

priority- Employee complaint and referral

• Formal- inspected • Informal- 5 days for employer to respond

th 4

priority- programmed inspection

• Site specific targeting

th 5

priority- followup inspection

• Determine whether previously sited violations have been corrected • Potential notice of failure to abate (FTS)

Safety & Health Resources  How to file an OSHA complaint  Download the OSHA-7 form from OSHA’s website  File the complaint online (worker or representative)  Telephone or visit local regional or area offices to discuss your concerns  Complete the form – be specific and include appropriate details  OSHA determines if an inspection is necessary  Workers do not have to reveal their name

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OSHA inspection process 1- Opening conference 2- Inspection tour (walk around) 3- losing conference

1. Opening conference • Explain purpose of inspection • Outline scope of inspection • Request employee participation • Review OSHA logs • May request access to employee exposure and medical records • Verifies OSHA poster

2. Walk around inspection • Identifies potential safety and health hazards • Determine employee awareness and knowledge • Evaluate PPE selection, maintenance and uses • Document apparent violations, including photographs and videos

3. Closing conference • Explain employers rights, contest procedure • Consultation services • Employees representative maybe present • Discusses apparent violation • Request abatement of violations

Citation types • Serious- max 7000USD • Willfull – minimum 25000 USD, maximum 70000 USD • Repeat- same or similar within 3 years - First repeat- Multiple penalty X 5 - Second repeat- multiple penalty X 10

SAFETY LEGISLATION IN MALAYSIA

Safety Legislation in Malaysia  Safety legislations in Malaysia: I.

Factory and Machinery Act 1967

 

Factory and Machinery Department (FMD) Or Jabatan Kilang dan Jentera (JKJ)

II. Petroleum (Safety Measures) Act 1987  

Factory and Machinery Department (FMD) Or Jabatan Kilang dan Jentera (JKJ)

III. Occupational Safety & Health Act (OSHA) 1994  

Department of Occupational Safety & Health (DOSH) Jabatan Keselamatan dan Kesihatan Pekerja (JKKP)

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OSH 1994 • Occupational Safety and Health Act, 1994 • Gazetted in February 1994 • Covers nearly all sectors except; armed force and board ship • Covers nearly 90% of workforce

Safety Legislation in Malaysia – OSHA 1994  OSHA 1994 cover:

 Manufacturing,  Mining and Quarrying,  Construction,  Agriculture,  Forestry and Fishing,  Utilities (Electricity, gas, water & Sanitary service),  Transport,  Storage and Communications,  Wholesale and Retail trades,

 Hotel and restaurants,  Finances,  Insurance,  Real estate & Business service,  Public service, and  Statutory authorities

 Except

 Work on board of ship  Army

FMD 1967 only cover this.

60

Purpose of OSHA 1994

To promote and encourage OSH awareness among workers and to create organizations with effective safety and health measures

61

Safety Legislation in Malaysia – OSHA 1994  Objective of OSHA 1994: 1. To secure the safety, health and welfare of workers against risk 2. To protect persons (other than persons at work) at a place of work against risk 3. To promote an occupational environment for persons at work which is adapted to their physiological and psychological needs. 4. To provide the means whereby the associated OSH legislations may be replaced by a system of regulations and approved industry codes of practice operating in combination with the provisions of this Act designed to maintain or improve the standard of safety and health. 62

Department of Safety and Health (DOSH) • Jabatan Keselamatan dan Kesihatan Pekerjaan (JKKP) • Under ministry of Human resources

Safety Legislation in Malaysia – DOSH  Functions of the DOSH: 1. To study and review the policies and legislations of OSH. 2. To enforce the following legislations: a. OSHA 1994 and its regulations b. FMA 1967 and its regulations c. Part of Petroleum Act 1984 (Safety Measures) and its regulations 3. To conduct research and technical analysis on issues related to OSH at the workplace. 64

Safety Legislation in Malaysia – DOSH  Functions of the DOSH: 4. To carry out promotional and publicity program to employers, workers and general public to foster and increase the awareness of OSH 5. To provide advisory service and information to government and private agencies pertaining to management and technical aspect of OSH 6. To become a secretariat for the national council for OSH

65

National Institute of Occupational Safety and Health (NIOSH) • Established with an endowment fund from SOCSO and government • Started operation in 1993 • Provide training activities • Offers certification • Conduct research on occupational safety and health • Consultation • Information dissemination- website, exhibition, roadshow

Social security organization (SOCSO) • Pertubuhan Keselamatan Sosial (PERKESO) • Registration of employer and employee, • Collect contribution • Process benefits claim • Process compensation • Provide vocational and physical rehabilitation

https://www.jisha.or.jp/international/training/pdf/(Malaysia)_ COUNTRY_REPORT_present.pdf

https://www.jisha.or.jp/international/training/pdf/(Malaysia)_ COUNTRY_REPORT_present.pdf

•Occupational Safety and Health Administration, a federal agency of the United States that regulates workplace safety and health •Occupational Safety and Health Act (United States) of 1970, a federal law in the United States, the act that created the Occupational Safety and Health Administration mentioned above •Occupational Safety and Health Act 1994, a national law of Malaysia

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