PCL 9 - Occupational Safety & Health

OCCUPATIONAL SAFETY AND HEALTH ACT

What is Occupational Safety and Health Act?

The Occupational Safety and Health Act is an Act which provides the legislative framework to secure the safety, health and welfare among all Malaysian workforce and to protect others against risks to safety or health in connection with the activities of persons at work.

This Act was gazetted on 24th February 1994 and may be cited as the Occupational Safety and Health Act 1994. This Act is a practical tool superimposed on existing safety and health legislation.

The aims of this Act are :

to secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work

to protect person at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work

to promote an occupational environment for persons at work which is adapted to their physiological and psychological needs

to provide the means whereby the associated occupational safety and health legislation may be progressively 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 standards of safety and health.

The provision of the Occupational Safety and Health Act 1994 are based on the self-regulation scheme. Its primary responsibility is to ensure safety and health of work lies with those who create the risks and those who work with the risks.

Through self-regulating scheme that is designed to suit the particular industry or organization, this Act also aims to establish effective safety and health organization and performance.

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

The Occupational Safety and Health Act 1994 is enforced by the Department of Occupational Safety and Health (DOSH), a government department under the Ministry of Human Resources Malaysia.

Department of Occupational Safety and Health (DOSH) will ensure through enforcement and promotional works that employers, self-employed persons, manufacturers, designers, importers, suppliers and employees always practise safe and health work culture, and always comply with existing legislation, guidelines and codes of practice.

Department of Occupational Safety and Health (DOSH) will also formulate and review legislation, policies, guidelines and codes of practice pertaining to occupational safety, health and welfare as a basis in ensuring safety and health at work.

Department of Occupational Safety and Health (DOSH) is also the secretariat to National Council for Occupational Safety and Health, a council established under section 8 of the Occupational Safety and Health Act 1994.

The National Council for Occupational Safety and Health shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of the objects of this Act.

What Is Social Security Organization (SOCSO)?

The Social Security Organization is an organization set up to administer, enforce and implement the Employees' Social Security Act, 1969 and the Employees' Social Security (General) Regulations 1971.

The Social Security Organization provides social security protection by social insurance including medical and cash benefits, provision of artificial aids and rehabilitation to employees to reduce the sufferings and to provide financial guarantees and protection to the family.

SOCSO is the abbreviation for Social Security Organization. It is commonly known in the Malay term as PERKESO or Pertubuhan Keselamatan Sosial.

Compulsory Contribute To SOCSO

An employee employed under a contract of service or apprenticeship and earning a monthly wages of RM2,000 and below must compulsorily register and contribute to SOCSO regardless of the employment status whether it is permanent, temporary or casual in nature.

An employee must be registered with the SOCSO irrespective of the age.

SOCSO only covers Malaysian workers and permanent residents. As a result, foreign workers are protected under the Workmen's Compensation Act 1952.

Nevertheless, SOCSO does not cover the following categories of persons :

A person whose wages exceed RM2,000 a month and has never been covered before.

Government employees.

Domestic servants employed to work in a private dwelling house which includes a cook, gardeners, house servants, watchman, washer woman and driver.

Employees who have attained the age of 55 only for purposes of invalidity but if they continue to work they should be covered under the Employment Injuries Scheme.

Self-employed persons.

Foreign workers.

If an employee is exposed to noise exceeding the average exposure standard of 85 dB(A)1 over an eight-hour working day, or a peak of 140 dB(C)2, action must be taken to eliminate or minimise the noise and control it to a practical and acceptable level.

Firstly, consideration should be given to eliminating noise sources, which can be as simple as relocating noisy plant away from main work areas.

Secondly, consider substituting noisy plant with quieter plant. Buying ‘quiet’ is a cost-effective way to control workplace noise at the source. Designers, manufacturers, importers and suppliers have the responsibility to ensure that new plant is designed and constructed to comply with the noise regulations. They must also provide information on noise levels emitted by the plant and give guidance on correct installation to reduce noise.

Thirdly, the employer should consider engineering controls such as altering noise pathways by using noise barriers to reduce or control noise.

If the noise level cannot be sufficiently controlled by elimination, substitution or engineering controls, then use administrative controls – for example, job rotation to reduce the amount of time employees spend in noisy areas.

If these controls do not reduce the noise exposure level to below the exposure standard, the employer must provide appropriate hearing protectors. Employees must also be trained to use and maintain hearing protectors correctly. This should be regarded as an interim measure to protect employees from excessive noise while engineering controls are being investigated.

WHAT CAN EMPLOYERS DO TO REDUCE NOISE IN THE WORKPLACE?

Consultation with employees during the identification, assessment and control of workplace noise will ensure the control measures considered are appropriate for the work environment, and employees are comfortable with the noise level.

Give priority to the highest noise sources that affect the greatest number of people. Reduce noise exposures to, or below, the exposure standard prescribed in the noise regulations. All practical means to reduce noise levels in the workplace should be carried out.

The most effective methods of noise control are engineering changes, which do not have to be costly. There are many cost-effective ways to eliminate or control noise sources and noise pathways, and SafeWork SA recommends consulting

a specialist.

TREATMENT AT THE SOURCE

When identifying the noise source, consider how the work is carried out. Some common sources of noise are slipping or worn belts, fan noise and objects falling into receiving bins. Look at machine parts or actual work processes and modify them to reduce noise.

For example:

• loose fitting cover panels may vibrate. Cover panels and inspection hatches should be made of stiff materials with plastic, rubber or foam damping to reduce noise and vibration

• seals, gaskets or gears in a machine may produce excessive noise and should be replaced with sound resistant materials such as plastic or rubber

• conveyor belts are less noisy than metal rollers for moving materials

• rivets in a process can be replaced with welds

• machinery should be mounted firmly on a sound absorbing surface. For example, using rubber bushings or springs on concrete floors will reduce noise

• slower machine speeds can reduce noise.

ALTERING THE NOISE PATHWAY

Look at the ways noise travels from the source to the listener, and consider:

• surfaces that echo, transmit or radiate sound, such as ventilation ducts and inspection hatches

DISCLAIMER

• ways that machine parts could be covered or enclosed

• relocating auxiliary parts of plant outside the work area

• increasing the distance between the noise source and employees

• isolating noisy equipment or providing a soundproof booth for employees

• using sound absorbing materials such as ply board, carpet, acoustic tiles and double glazing.

OTHER CONTROL STRATEGIES

If noise exposure cannot be reduced to below the eight-hour average of 85 dB(A) through engineering controls and subsequent administrative controls, appropriate hearing protectors should be provided.

To ensure employees are aware of the noise risks and action required to protect them from excessive noise exposure, they should be trained in:

• the agreed safe work practices

• how to fit and use appropriate personal protective equipment supplied by the employer

• reporting faulty equipment that poses a risk of excessive noise exposure to the employee.

Ways to minimise damage to ear from loud noises

-earmuffs, earplugs