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OSH(Safety and Health Committee)1996, Part 3, Part 2 COMPOSITION OF SAFETY…
OSH(Safety and Health Committee)1996
Part I
PRELIMINARY
Regulation 1. Citation and commencement.
Come into force on 1 January 1997.
Regulations may be cited as the Occupational Safety and Health (Safety and Health Committee) Regulations 1996
Regulation 2. Interpretation.
Requires
1) Authorised Manager
2) Chairman
3) Director General
4) Member
5) Near-miss accident
6) Safety audits
7) Secretary
Regulation 3. Application.
Apply to a safety and health committee established under section 30 of the Act.
Reorganize itself with these regulations within six months from the date of the commencement
Regulation 4. Duties of employers.
comply with Parts II and III of these regulations
ensure that Parts IV and V of these regulations are complied with
FUNCTIONS OF SAFETY AND HEALTH COMMITTEE
Regulation 11. Functions of committee
Assist in development of safety and health rules and safe systems of work
Review the effectiveness of safety and health programs
Carry out studies on
trends of accident
near-miss accident
dangerous occurrence
occupational poisoning or occupational disease
Report to the employer of any unsafe with recommendations for corrective actions
Review the safety and health policies at the place of work and make recommendations to
the employer
Regulation 12. Inspection of place of work
At least once in every three months
If there is
anything prejudicial
Check on the effectiveness of the measures taken to ensure
the safety and health of persons at the place of work
Discuss the observation of the members of the committee make during the inspection of the place of work
if there are circumstances
shall record the details of such circumstances in a report kept for such purpose
Make recommendations to the employer to be taken on any matter prejudicial to the safety and health and record
recommendations in the report.
Regulation 13. Investigation into any accident
Safety and health officer
Furnish the chairman of the committee with a report of his findings subsequent to an investigation conducted by him
Chairman
Convene a meeting of the committee to discuss the report
Where no safety and health officer is employed :
The employer or his authorized manager shall forthwith inform the chairman or the secretary of the committee
The chairman or the secretary shall convene a meeting to investigate such incident
convened under regulation 2/3
The committee shall discuss cause of the incident
Make recommendations to the employer of the measures to be taken to prevent the reoccurrence of such incident
Regulation 14. Action to be taken on report and recommendation of committee
if no person is appointed as such, the chairman, do a report or recommendations being made under paragraph 12(c) or sub-regulation 13(4)
An employer or authorized manager shall discuss the report or recommendations with the safety and health officer or the chairman
An employer keep a copy of the report in the place of work for a minimum period of seven years
Regulation 15. Matters to be considered by committee
Reports under regulation 14 submitted by safety and health officer
The safety audits submitted by safety and health auditors
The report and factual information submitted by OSH officers
the reports by other government agencies on matters pertaining to safety and health
Regulation 16. Investigation of complaint
Provide and maintain system communication
Take immediate measures to eliminate or minimize the risk to safety and health
make a similar complaint
Investigate matter, make a report and make recommendations
Regulation 17. Resolution of complaint
Implement recommendation under sub-regulation under 16(4)
Make a request to the Director General to undertake an inspection to resolve the matter
Submit to the Director General in duplicate
The inspection or investigation report
The recommendation of committee to the employer
any other documentary pertaining to the complaint
Regulation 18. Assistance of committee
Assist an employer in connection of safety and health
Regulation 19. Rules on safety and health
Prepare and promote rules in safety and health
The rules with approval of the employer be amended by committee
Furnish to each employees a copy of the rules
An OSH officer be given a copy of the rules when so requested
Regulation 20. Sub-committee
Assist the committee in the performance of its function
Part 4 :silhouettes:
MEETING OF SAFETY & HEALTH COMMITTEE :pen:
Frequency of Meetings of Committee
committee shall meet as often as may be necessary commensurate
a meeting shall be called immediately in the event of an accident
committee shall be given reasonable notice in writing of any meeting of the committee
Duty to Provide Facilities
an employer of a place of work shall :
provide a suitable place to hold its meetings
permit every member to attend such meetings during working hour
Anuagural Meeting
the employer shall make known his safety & health policy, plan & proposals
an employer may appoint his authorized manager to chair a meeting of the committee in his absence
shall be convened by the employer
Quorum
the chairman, the secretary & not less than half of the remaining members present shall constitute
Non-Member May Attend Meeting
committee may invite any person who has involved in or has knowledge of any accident to attend any meeting of the committee during such incident shall be discussed
the committee may invite any other person to any of its meetings to discuss any matter pertaining to occupational safety & health
Matters to be Discussed at Meetings
only matter relating to safety & health at the place of work shall be discussed
Minutes of Meeting
the employer shall keep a copy of the minutes for a minimum period of 7 years for purposes of inspection by an occupational safety & health officer
an officer may at any time require for a copy of such minutes to be furnished to him & the employer shall forthwith comply with such requirement
shall be furnished to every member of the committee & the employer within 2 weeks after the meeting has taken place
employer shall invite persons employed at the place of work to nominate their representatives to the safety and health committee.
employer shall appoint the required number of persons to represent the employees in compliance with regulation 5 in the case where no representative
employer shall not penalise a member of the committee in any maner for being absent from his normal duties at work while carrying out the functions of the committee
employees in a safety and health committee shall be able to represent the various sections of a place of work
secretary of the committee shall be the person who is employed as the safety and health officer at the place of work
if no person employed as a safety and health officer at the place of work, the chairman may appoint another person to act as the secretary of the committee
employer or authorized manager shall be the chairman of a safety and health committee
vacancy shall be filled by a person appointed in the same manner as the previous member of the committee
a chaiman
a secretary
representatives of employer
representatives of employees
has been found or declared to be of unsound mind
no longer employed at the place of work
incapable of discharging his duties as a member of the
committee
an offence involving fraud, dishonesty or moral turpitude
an offence under a law relating to occupational safety and health
any other criminal offence
bankrupt
fails to attend three consecutive meetings of the committee
unable or incapable of discharging his duties as a member of the
committee
Part 5
PROVISIONS OF TRAINING AND INFORMATION
Regulation 30. Duty to make available relevant document and information
An employer shall make available to a safety and health committee
Industry codes of practice and guidelines relating to the elimination of risks to safety and
health
Information about safety plans and their implementation, and any proposed changes to the
safety plans affecting the safety and health of employees
The Act and all subsidiary legislation made under the Act
Technical information about safety and health hazards and precautions necessary
Information about operation procedures, systems of work, and subtances for use at work
and other relevant data pertaining to safety and health
Any other information as directed by the Director General from time to time.
Regulation 29. Duty to provide adequate training.
Employer shall take reasonably practicable steps to provide the members of a safety and health committee with adequate training in occupational safety and health so as to enable them to perform the functions of the committee effectively
Regulation 31. Information not to be supplied
Employer shall not make available to a safety and health
committee
Any information which he could not disclose without contravening a prohibition imposed by
or under any written law
Any information relating specifically to an individual, unless he has consented to its
disclosure
Any information the disclosure of which would be prejudicial to the interest of national
security
Any information the disclosure of which would, for reasons other than its effect on health,
safety or welfare at work
Any information obtained by the employer for the purpose of instituting, prosecuting or
defending any legal proceedings
Regulation 28. Duty to ensure basic knowledge and functions of committee.
Employer of place of work shall take necessary steps to ensure that members of the safety and health committee have a basic understanding and knowledge of the functions of the committee under the Act
Part 6
PENALTY
Regulation 32. Penalty
A person who by any act or commission contravenes any of the provisions of these Regulations shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both
Part
3
Part 2 COMPOSITION OF SAFETY AND HEALTH COMMITTEE
Regulation 5: Membership of committee
Regulation 6: Appointment of chairman & secretary of committee
Regulation 7: Appointment of other members of committee
Regulation 8: Adequate employee representation
Regulation 9: Vacancy
Regulation 10: Removal of member committee
safety and health committee shall consist of:
removal of member due to: