Why I Must Know the Law?
WHY SAFETY MANAGEMENT?
Since occupational safety and health is related to the well- being of all workers who work in hazardous environments, the safety management of such places is very important.
Safety management will only be effective if there is compliance backed by punishment in the event of non-compliance. If safety management is not followed, then there must be punishment in the form of hefty fines or imprisonment. To do this, you need Parliament to pass laws giving the enforcement rights to the relevant authorities to enforce that law. Let’s look at the ways and means of interpreting these laws and other rules in regard to our area of discussion.
WHAT LAW IS PASSED BY PARLIAMENT RELATED TO H
The laws passed by Parliament are known as Acts. For instance, laws related to OSH are Occupational Safety and Health Act 1994 is a law passed by Parliament in 1994 and we are concerned with this Act in our discussion here. Some of the acts are self regulation
WHAT IS A REGULATION
The Act passed by Parliament will give the authority to the Minister (here it is the Minister of Human Resources) to pass regulations and orders from time to time to regulate the subject matter of the Act. These regulations will ensure the nitty-gritty part of the Act is strictly followed. An example of such a regulation in regard to OSHA 1994 is the Safety Health Committee Regulation 1996.
WHAT IS AN ORDER?
When discussing the OSHA 1994, the Industrial Code of Practice on Chemical on Chemical Classification and Hazard Communication 2013 should also be looked into. This is also a Regulation issued by the Minister to act as a guidance to chemical suppliers to comply with the
WHAT IS ICOP?
Section 37 OSHA 1994 – evidence base –
Few people in an organization contract frequent sinus like symptom, or some occupational asthma due to the indoor air – voc -airborne bacteria.
What is an Act : A Parent legislation passed by parliament. E,g OSHA 1994
Regulations : passed by Minister whenever they are encountered with issues to enforce the parent act. Regulations will be made by Ministers to ensure the parent act is followed strictly.
E.g SHC 1996
Order : Safety & Health Officer Order
Industrial Code of Practice : issued by enforcement bodies, based on evidence legally binding. IAQ – indoor Air Quality ICOP. Enviromateal Quality Act 1974
Guidelines – legally not binding, best practices
The body that enforces this ACTS are DOE & DOSH
Meaning, an employer who fails to comply to the applicable acts, regulations, orders or ICOP can be charged ,in court by the enforcement body. But little that they know, people whom might be affected by the employer’s non-complianc e, they can seek legal redress known as civil liability.
What is civil liability in the context of Health, Safety and Environment laws.
Civil liability –
Civil liability – employees can seek redress
If you are charged by the authority, does it give the employee an avenue to file a civil suit for damages?
Duty of care
Breach the duty care
Because of the breach, Injury sustained
Liable
Documents are important. Safety implementation related documents such as Safe Work Procedures, HIRARC, PTW are deemed as legal documents that will save you. Therefore, these documents should be drafted with attention to all legal aspects. In the event if you do not comply to these, you maybe liable to be prosecuted by authorities and you may also be sued in civil law!
In Malaysia, is not a trend because workers dont know their right.
For example – a worker is being exposed to chemicals – medical surveillance – 30 years OSHA 1994 – why 30 years ??? Such a long time, why must you retain the
DOSH recorded occupational cancers – to date 5