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COURSE TiTLE:

OSH LEGISLATION (OSi-t ro4)

TOPIC:
SAFETY AND HEALTH COTdMITTEE REGULATION

DAY a

B5z the €nd of the ,s€ssiorl, you should able to know;

r. Objectives of OSH 'C t9g6


z. Purposes
3. List 5 sections of OSHC 1996
4" Elaborate sections 2,8 & +

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Paft z Composition of Committee


Paft 3 Functions of Committee
Part 4 Committee Meeting
Part 5 Provision of Training and
Information

Part 5 Penalty
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IN exercise of the powers conferred by section 66 of the


occupational safety and Health Act 1994, the Minister
makes the following regulations.

These r,egulations rnay be cited as the or:cupationa] safety

and Healtir (safety anel Health Committee) Regulations


1996 and shall co,rne into force o,n 1 January rgg1.

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,* Introduce discussi,on and co,operation between
wo,rkers and ernployers;

* Esta'blish 2 way eor'nmunieation;

* Create interest and motivation among all;

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indi.vi uals f,rom different levels and


'" I,nvolve
sections in accident and disease prevention;

" Analyze accid.ents and establish policy;


,* ways remain in the wor cplacef
* Create a.wareness on safety and health;
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(OSI{A Lgg4 -seetion 3o)

, (l)Need to be forrned
o At least 4o ;

c trnstruction bv $irectar General;


,,, (z) Membership, selection or
appointment as have
b,€€n stated;
', (3) Discussion with employer;

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(OSHA-Section 81)

Analyze steps already implemented in safety


and health;
, Investigate safety and health matters that are
considered to be unsafe and bring to the
attention of the employer;
" Other functions as have been agreed;

Regulations state:

a Composition;
c Selection ancl appnintment etf memhers;
o Fou'er;
o Other matters;
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Interpret:ation(Regulation e)

,,,Committe,e lVl,embers;
' Safety Audit;
,, Safety and health auditors;
,, Near accidents- accidents that can cause injuries
and damage;
'. Manager who has been given the power.

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Section g

'. Committee that has been formed under the Section


go of the Act;

' Corn-mittee that was prior to that needs to follow


the Act;

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Responsibility of the employer(Section 4)

' Obey S,ections I & II;


', Ensure compliance of Sections IV and V ;
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Regulation s

'- Chairrrran
* .Segretary
* Ernploy,e l:eD,rPsentatives
* Eneployee r€piesentatives

zrppointlnent,of Chairman and Secretary


(Reg,ulation 6 )

'' Chairr:rran
o Employer or M'anager
* Secretary
o SHO; or
o Appointed by Chairman or by votes if no SHO;

$'pointment of ,othefi ,rneffi ers


:(Regulafions
l) '

- Representatives of Employer/Ernployees
o Nomination and r,'otes; clr
o Appointrnent by emplol'ers

* Me'n'lbers c&Drlot be penalized if not attending


normal duties,[RegulationsT(S)]
Adequate ernployee repres entatives
(Regulation 8)

= Represent different,departments;
Vacancy

(Regulation 9)
' following previous procedures

ffiMembership termination(Regulation rc)


Absent for 3 consecutive meetings;
Certified as mentally incompetent;
Bankrupt;
Convicted of crirnes ;
Incapable of fulfilling duties as a rnember.

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Regulation u
Help to establish safety and health systems;
Review effectiveness of Safety and health program;
Carry out research on trends in accidents, incidents
and diseases;
Report circumstances and practices which are unsafe
with suggestions for improvements;
Review and give suggestions on safety and health
policy.
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Inspection on w.ork place (Regulation rz)

At least once in 3 months;


,,,

" Discuss and record obsenration in the report;


' Give suggestions to employer

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Accident Investigation (Regulation 1g)

. As soon as it is safe;
. Chairrnan call for meeting;
. Discuss causes and give suggestion.

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Action on the report and suggestions


(Regrrlation l4)
,- Employer/manager given the authority to discuss
report/suggestions;
= SH.O record decisions and instruct workers to take
action;
." Empl,oyer to keep copy of report for a minimum of
7 ye:ars.
Matters for consideration(Reg. 15)

', Other report submitted by SHO;


' safety Audit by safety and Health Auditors ;
,,, Report and factual
intorma,tio,n by SHOL; and
Report by other government agencies.

Investigating complaints (Reg. L6)

Employers have to:-


* Establish and organize :communication system;
'' Entertain complaint and take irnmed,iate action;
Refer complaint to Committee or
r \,V*:r'iiersi can cruir1:lain t* Clclrnrnitiee;
Co,mmittee to investigate, prepare report and give
suggestions to employer

Solutiorr to the complaint(Reg. a7)

" Employer needs to act on the suggestion


immediately if it is practical;
"' Cornmittee:
o Need to l:e informed if suggesticns can't be iruplenrented;
o can ask Djl'ectsr"to carry cut inspe*tjolr
(con't) Reg. Peratu ralrr a7

,, Submit to Director:
*' Inspectionf investigation reports ;
* Suggestions by cr;mrnittee to emp:loyer:;
* Related d,ocr"rment/infoririation ;

(z cop:ies)

Assistance by Committee (Reg" 18)

*' Competitions;
n semrnars;
* O,the,r activities related to sa,fetv and health

M€th'od-slSystems
(Reg. 19)

* Emplo5rer discuss with Committee to introduce and


p,repare s54stems &fid methods;
u' Metho'ds can be amended, ch,anged and abolished;
* ,Copy,gv€n to every employee;
* CopJr,given to SHO upon r€,eu€st.
S:ub - conr,rnittee(Reg. z o)

* Can be formed to assist Committee to carry out


its functions;

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Frequ,€{,rcy of Meeting (Reg. zl-)

o A*s clften as neeclecl, in line witl: rishs a.qsoq:iatecl wit"h th*


rvor:kplace;
c At least once in 3 months;
o l\ilemhern issued n'otice together with copy of agencla;
o Meeting to be called. immediately if there are accidetrts,

MandatorT to provide faciliti€s


(Reg. z.z)

Employer:
. Provide a suitahle place; and
. Al'trow members to attend during warking hours.
Fir'$ Meeting(Reg. 2g)
o Called by employer/manager \q.ho has been given the
authority
o Intorm on policl', plan and suggestion;

Quorrm (Reg. 24)


o At least one half of the inembers {exciuding Chairman
and S;eeretary)

. Min,, s ,of, Meetihg,(Reg. 27)

o Civen to member s weeks after meeting;


o Copy of Minutes kept far 7 years;
o Given tr: SHO upon request;

* Non-rilr,€mbers can attend nreeting


(Reg, zr5)
o Th:ose. involved in the acciilent;
o Others i

* Matters ,discussed(Reg. 2,6)


o Related to safety and health;
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Responsib,ility of Employer :

,* Ensure members understand and are


knowledgeable about functions of the committee
(Reg. 2,8);

'* Take r€as.o,nab.llr pr,actical ,St:ep:s,to p,rovide


sufficient training (Re g. z.9);

* Provide documentfrel,€vent inform,&tion:(Reg. Bo};


* Co,nfidential information (Reg. Sr);

- Penalties on offences committed (Reg. 92)

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